Our registered office is at Station House, North Street, Havant, Hampshire, PO9 1QU.
Our public address is at 119 Highland Road, Southsea, Hampshire, PO4 9EY.
This privacy notice aims to inform you about how we collect and process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information. It tells you about your privacy rights and how the law protects you.
We are committed to protecting your privacy and the confidentiality of your personal information. Our policy is not just an exercise in complying with the law, but a continuation of our respect for you and your personal information.
We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
Our policy complies with the Data Protection Act 2018 (Act) accordingly incorporating the EU General Data Protection Regulation (GDPR).
The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data. We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org
Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
1. Data we process
We may collect, use, store and transfer different kinds of personal data about you. We have collated these into groups as follows:
Your identity includes information such as first name, last name, title, date of birth, and other identifiers that you may have provided at some time.
Your contact information includes information such as billing address, delivery address, email address, telephone numbers and any other information you have given to us for the purpose of communication or meeting.
Your financial data includes information such as your bank account and payment card details.
Transaction data includes details about payments or communications to and from you and information about products and services you have purchased from us.
Technical data includes your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Your profile includes information such as your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Marketing data includes your preferences in receiving marketing from us; communication preferences; responses and actions in relation to your use of our services.
We may aggregate anonymous data such as statistical or demographic data for any purpose. Anonymous data is data that does not identify you as an individual. Aggregated data may be derived from your personal data but is not considered personal information in law because it does not reveal your identity.
For example, we may aggregate profile data to assess interest in a product or service.
However, if we combine or connect aggregated data with your personal information so that it can identify you in any way, we treat the combined data as personal information and it will be used in accordance with this privacy notice.
2. Special personal information
Special personal information is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.
We may collect special personal information about you if there is a lawful basis on which to do so.
3. If you do not provide personal information we need
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform that contract. In that case, we may have to stop providing a service to you. If so, we will notify you of this at the time.
The bases on which we process information about you
The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.
If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.
If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
4. Information we process because we have a contractual obligation with you
When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.
In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
We may use it in order to:
verify your identity for security purposes
sell products to you
provide you with our services
provide you with suggestions and advice on products, services and how to obtain the most from using our website
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
5. Information we process with your consent
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal information.
If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.
We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by instructing us at https://www.tonicmusic.co.uk/. However, if you do so, you may not be able to use our website or our services further.
6. Information we process for the purposes of legitimate interests
We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.
Where we process your information on this basis, we do after having given careful consideration to:
whether the same objective could be achieved through other means
whether processing (or not processing) might cause you harm
whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
For example, we may process your data on this basis for the purposes of:
record-keeping for the proper and necessary administration of our organisation
responding to unsolicited communication from you to which we believe you would expect a response
protecting and asserting the legal rights of any party
insuring against or obtaining professional advice that is required to manage organisational risk
protecting your interests where we believe we have a duty to do so
7. Information we process because we have a legal obligation
Sometimes, we must process your information in order to comply with a statutory obligation.
For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
This may include your personal information.
Specific uses of information you provide to us
8. Information provided on the understanding that it will be shared with a third party
Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.
posting a message our forum
tagging an image
clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks
In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it.
We do not specifically use this information except to allow it to be displayed or shared.
We do store it, and we reserve a right to use it in the future in any way we decide.
Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.
Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us at https://www.tonicmusic.co.uk/.
9. Complaints regarding content on our website
We attempt to moderate user generated content, but we are not always able to do so as soon as that content is published.
If you complain about any of the content on our website, we shall investigate your complaint.
If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.
Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.
If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.
10. Information relating to your method of payment
Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it.
At the point of payment, you are transferred to a secure page on the website of PayPal or some other reputable payment service provider. That page may be branded to look like a page on our website, but it is not controlled by us.
11. Job application and employment
If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.
If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.
12. Communicating with us
When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.
We record your request and our reply in order to increase the efficiency of our organisation.
We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.
When we receive a complaint, we record all the information you have given to us.
We use that information to resolve your complaint.
If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
14. Affiliate and business partner information
This is information given to us by you in your capacity as an affiliate of us or as a business partner.
It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you.
The information is not used for any other purpose.
We undertake to preserve the confidentiality of the information and of the terms of our relationship.
We expect any affiliate or partner to agree to reciprocate this policy.
Use of information we collect through automated systems when you visit our website
Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.
Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.
Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
16. Personal identifiers from your browsing activity
Requests by your web browser to our servers for web pages and other content on our website are recorded.
We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.
If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally.
Disclosure and sharing of your information
17. Information we obtain from third parties
Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use.
No such information is personally identifiable to you.
18. Credit Reference
To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.
19. Data may be processed outside the European Union
Our websites are hosted in the United States of America.
We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business.
Accordingly data obtained within the UK or any other country could be processed outside the European Union.
For example, some of the software our website uses may have been developed in the United States of America or in Australia.
Control over your own information
20. Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes.
21. Access to your personal information
At any time you may review or update personally identifiable information that we hold about you, by contacting us.
To obtain a copy of any information that is not provided on our website you should contact us to make that request.
After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
22. Removal of your information
If you wish us to remove personally identifiable information from our website, you should contact us to make your request.
This may limit the service we can provide to you.
23. Verification of your information
When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
24. Use of site by children
We do not sell products or provide services for purchase by children, nor do we market to children.
If you are under 18, you may use our website only with consent from a parent or guardian
We collect data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children.
Such child users and visitors will inevitably visit other parts of the site and will be subject to whatever on-site marketing they find, wherever they visit.
25. How you can complain
If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner's Office (ICO). This can be done at https://ico.org.uk/make-a-complaint/. We would, however, appreciate the opportunity to talk to you about your concern before you approach the ICO.
26. Retention period for personal data
Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:
to provide you with the services you have requested;
to comply with other law, including for the period demanded by our tax authorities;
to support a claim or defence in court.
27. Compliance with the law
However, ultimately it is your choice as to whether you wish to use our website.
We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.
Terms and Conditions
These terms and conditions are the contract between you and Tonic Music for Mental Health (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
We are: Tonic Music for Mental Health Ltd, a charity registered in England and Wales (charity number 1189913), and a company limited by guarantee registered in England and Wales (company number 8093898).
Our registered office is at Station House, North Street, Havant, Hampshire, PO9 1QU.
Our public address is at 119 Highland Road, Southsea, Hampshire, PO4 9EY.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
These are the agreed terms:
“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.
"Intellectual Property" means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us.
“Services” means the service provided from Our Website.
2. Children on Our Website
2.1. Whatever the age of consent in your country, we are anxious that they should be protected from unsuitable Content. To protect your children, you should know our policy, which is as follows:
2.2. In the children categories, our volunteers have checked both the entries, and, where relevant, the links.
2.3. We do not knowingly collect personal information from any person under the age of 16 years.
2.4. Any person of any age may freely access any page of Our Website. We do not check identities nor moderate Content.
2.5. It is you, not we, who provide access to Our Website for the children in your care. It is for you to check that the Content your children might see is suitable for them.
2.6. Where links are concerned, you may like to check the privacy policies of those sites where your children might visit frequently to see how they collect and use information.
2.7. Filter software may also be useful to you.
2.8. You acknowledge that we are not responsible for Content that anyone has placed on Our Website for the content of site accessible by a link from Our Website.
2.9. You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.
3. Intellectual Property
You agree that at all times you will:
3.1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
3.2. notify us of any suspected infringement of the Intellectual Property;
3.3. so far as concerns our work provided or made accessible by us to you, you will not:
3.3.1 copy, or make any change to any part of its code;
3.3.2 use it in any way not anticipated by this agreement;
3.3.3 give access to it to any other person than you, the licensee in this agreement;
3.3.4 in any way provide any information about it to any other person or generally.
3.4. not use the Intellectual Property except directly as intended by this agreement or in our interest.
4. Disclaimers and limitation of liability
4.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
4.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
4.3. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
4.4. Our Website contains links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
4.5. The Tonic Music for Mental Health Website and Tonic Music for Mental Health Services are provided “as is”. We make no representation or warranty that Our Website will be:
4.5.1 useful to you;
4.5.2 of satisfactory quality;
4.5.3 fit for a particular purpose;
4.5.4 available or accessible, without interruption, or without error.
4.6. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
4.7. We accept no responsibility for third party advertisements which are posted on Our Website or through the Services;
4.8. We shall not be liable to you for any loss or expense which is:
4.8.1 indirect or consequential loss; or
4.8.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
4.9. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to ourselves.
5. Miscellaneous Matters
5.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
5.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
5.4. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
5.5. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales, and you agree that any dispute arising from it shall be litigated only in those countries.
End of Terms and Conditions
Safeguarding Adults at Risk Policy
This Safeguarding Policy will be available to all members, participants (whether they are in person or online), staff, volunteers and participants. It is important that Adults at Risk are protected from abuse. All complaints, allegations or suspicions will be taken seriously.
Tonic works within the Hampshire multiagency safeguarding adults policy guidance. If it works outside of Hampshire, then the relevant policy is followed.
The purpose of this policy is to outline the duty and responsibility of staff/volunteers working for Tonic Music for Mental Health (Tonic) in relation to Safeguarding Adults at Risk.
All adults have the right to be safe from harm and must be able to live free from fear of abuse, neglect and exploitation.
Everyone who participates in the events that Tonic provides is entitled to do so in a safe and enjoyable environment, either in a group setting or online.
Tonic is committed to ensuring that all of our staff and volunteers accept their responsibility to safeguard Adults at Risk from harm and abuse.
All suspicions and allegations of abuse and poor practice will be taken seriously and responded to swiftly and appropriately. Staff and volunteers working with adults at risk have a responsibility to report concerns to the management committee, or go directly to the local authority or the police.
Definition of an Adult at Risk?
An Adult (a person aged 18 or over) who 'is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation' (Definition from the Department of Health 2002).
This could include people with learning disabilities, mental health problems, older people and people with a physical disability or impairment. It may also include victims of domestic abuse, hate crime and anti-social behaviour. The persons’ need for additional support to protect themselves may be increased when complicated by additional factors, such as physical frailty or chronic illness, sensory impairment, challenging behaviour, drug or alcohol problems, social or emotional problems, poverty, or homelessness.
Types of Abuse
The Department of Health in its ‘No Secrets’ 2000 report suggests the following as the main types of abuse:
Physical abuse - including hitting, slapping, pushing, kicking, misuse of medication, restraint, or inappropriate sanctions.
Sexual abuse - including rape and sexual assault, or sexual acts to which the vulnerable adult has not consented, or could not consent or was pressured into consenting.
Psychological abuse - including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation or withdrawal from services or supportive networks.
Financial or material abuse - including theft, fraud, exploitation, pressure in connection with wills, property or inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits.
Neglect and acts of omission - including ignoring medical or physical care needs, failure to provide access to appropriate health, social care or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating.
Discriminatory abuse - including race, sex, culture, religion, politics, that is based on a person’s disability, age or sexuality and other forms of harassment, slurs or similar treatment, hate crime.
Institutional abuse - institutional abuse, although not a separate category of abuse in itself, requires specific mention simply to highlight that adults placed in any kind of care home or day care establishment are potentially vulnerable to abuse and exploitation.
Multiple forms of abuse - multiple forms of abuse may occur in an ongoing relationship or an abusive service setting to one person, or to more than one person at a time, making it important to look beyond single incidents or breaches in standards, to underlying dynamics and patterns of harm.
Any or all of these types of abuse may be perpetrated as the result of deliberate intent, targeting of Adults at Risk, negligence or ignorance.
Responsibilities and Communication
Since moving services online, Tonic recognises that abuse may happen remotely. This is still a crime and must be reported appropriately. All group activity online is monitored for abusive behaviour.
Who do you contact?
If you think a crime has been committed, contact the police straight away. Call 101 for non-urgent police enquiries. In an emergency call 999. You can contact the adult social care help desk on 023 9268 0810 (Portsmouth), 0300 555 1386 (Hampshire) and 023 8083 3003 (Southampton); they will put you thorough to specially trained staff who can help. You can notify Tonic through the Management Committee.
Monitoring and Review
This policy will be reviewed one year after being introduced and then every three years or in response to significant new legislation, and amended as appropriate.
End of Safeguarding Adults at Risk Policy
Online Safeguarding Policy
Tonic Music for Mental Health is committed to safeguarding the welfare of everyone who interacts with our services online. We seek to create and maintain a safe and positive online environment.
It is important that adults at risk are protected from abuse. All adults have the right to be safe from harm and must be able to live free from fear of abuse, neglect and exploitation.
We recognise that some of our participants will have additional needs. These will be accommodated for and risk assessed as required.
All Tonic staff and volunteers are provided with clear and specific directions on how to behave online.
All complaints, allegations or suspicions will be taken seriously.
This policy document is supplementary to our Safeguarding Policy.
It contains two sections:
Social media community rules
Tonic services provided by remote communication
1. Social media community rules
Please feel free to interact with and comment on our page. We welcome and respect any contributions you wish to make.
However, we reserve the right to remove any content we deem inappropriate. This includes, but is not limited to, offensive, libellous and accusatory material. We may also delete promotional or political content if we deem it inappropriate.
If you post inappropriate content, we may report you and seek to ban you from posting on our page. If necessary, we will contact the police.
By participating in our services, you agree to abide by the rules as set out in this policy.
If you would like to make a complaint, please contact firstname.lastname@example.org.
2. Tonic services provided by remote communication
Tonic services are sometimes provided by remote communication, such as by Zoom® video calling.
The following rules are designed to safeguard the welfare of everyone involved in remote services provided by Tonic Music for Mental Health.
Please allow the group facilitator to lead the video call, and respect their authority – their decision is final. The facilitator leading the call reserves the right to mute or remove a participant from the call if they deem it necessary. This could be to protect the mental or emotional wellbeing of the other participants.
Unacceptable behaviour on video calls includes, but is not limited to, offensive, slanderous and threatening language, intimidating gestures, and indecent exposure. Please treat other participants with respect.
The exclusion of someone from a video call would be made at the discretion of the facilitator, reported as an incident, and then reviewed as appropriate. If necessary, we will contact the police.
If you have a concern in a group video call, you can private message the facilitator. However, you should not private message the other participants.
Where possible, you should choose a quiet room to make video calls, free from distraction.
Please avoid distracting backgrounds, and do not make a video call where there is inappropriate material present in the video frame.
Video calls may be recorded for training and monitoring purposes. Recordings are treated as strictly confidential, and would not be used in the public domain without the written permission of everyone involved.
By participating in our services, you agree to abide by the rules as set out in this policy.
If you would like to make a complaint, please contact email@example.com.
End of Online Safeguarding Policy