Play Sense Limited
Last update: 08 September 2020
Release Number: 3
IMPORTANT INFORMATION AND WHO WE ARE
Play Sense (the ‘Company’) is Play Sense Limited, a private limited liability company registered in terms of the laws of Jersey, with registration number 131593, and registered address at 1st Floor, Tower House, La Route es Nouaux, St Helier, Jersey, JE2 4ZJ.
We respect your privacy and are committed to protecting your personal data. This Privacy Notice will inform you as to how we look after your personal data (including personal data in respect of individuals who are members, subscribers, visitors, intermediaries or other third parties, or any individual connected to these parties), and summarise the key points about how we collect, use, disclose, transfer and store your personal data, set out your privacy rights and explain how the law protects you.
Should you have any questions on the content of this Privacy Notice or how we use your data, please contact us by email on [email protected].
As mentioned above, Play Sense is a private company. This Privacy Notice is issued on behalf of Play Sense Limited and so when we mention “Play Sense”, “we”, “us” or “our” in the Privacy Notice, we are referring to Play Sense Limited, our parent, subsidiaries, officers and employees, owners, affiliates, directors, agents, suppliers, internet service providers and our business.
Changes to the Privacy Notice
This version of our Privacy Notice was updated on the date reflected above. We may update our Privacy Notice from time to time, and we will alert you thereto by reflecting the date of the most recent update. It is your responsibility to periodically review this Privacy Notice.
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 during your relationship with us.
If you have any queries, require further information or wish to exercise any the rights set out in this Privacy Notice, please contact us at [email protected].
We are registered as a Controller under the Data Protection (Jersey) Law 2019. The Jersey Data Protection Authority, the Jersey Office of the Information Commissioner (the ‘JOIC’), can be contacted as follows:
Telephone: +44 (0)1534 716530
Physical Address: 2nd Floor, 5 Castle Street, St Helier, Jersey, JE2 3BT
Website address: www.jerseyoic.org
You have the right to make a complaint at any time to the JOIC. We would, however, appreciate the opportunity to deal with your concerns before you approach the JOIC, so please contact us in the first instance.
THE DATA WE COLLECT ABOUT YOU
The data we collect
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you, which we have grouped as follows:
- Identity Data includes first name, maiden name, last name, identification/passport, number, marital status, dependants, title, date of birth, age, and geographical location.
- Contact Data includes postal address, email address, and telephone numbers.
- Special Categories of Personal Data includes –
- Teacher: Qualifications, Curriculum Vitae,
- Child: date of birth, age, name
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details or services we have provided to you.
- Marketing and Communication Data includes your preference in receiving marketing from us and our third parties and your communication preferences.
- Browser Data includes your public IP address, your browsing behaviour and history (including cookies)
If you create an account (membership or subscription) and provide us your explicit consent, we will securely store your data. That way we can ensure you are securely backed up.
As we collect data on child, we are collecting personal information of children under the age of 13. By providing this information to us, you provide your explicit consent to our collection and use of the information as described herein. This Privacy Notice complies with the Children’s Online Privacy Protection Act and Rule (‘COPPA’).
Other sensitive data
We ask that you do not send us or disclose to us other sensitive personal data, such as information related to racial or ethnic original, political opinions, religion or other beliefs, or any other information which we do not ask for.
“Cookies” are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow it) that enables the Site or service provider’s systems to recognize your browser and capture and remember certain information.
- help us remember and process the items in your shopping cart;
- help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services;
- help us compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences; and
- keep track of advertisements. Refer to the below mentioned Google Adwords and Remarketing section.
We may also use trusted third party services that track this information on our behalf. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser’s (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies. If you turn cookies off, some features will be disabled and some of our services may not function properly.
If you fail to provide personal data
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 the data when requested, we may not be able to perform the contract we have or are trying to enter into with you, and in this case, we may be unable to provide you with the services or to provide you access to our Site. Should you decide not to provide certain optional data to us, we may not be able to optimise our services to you and you may not be able to make full use or draw full advantage of our services.
HOW AND WHEN WE COLLECT YOUR DATA
We collect Identity Data, Contact Data and Marketing and Communication Data when you fill in an application of contact form, as well as when you update any of the mentioned data manually. When you purchase any products through our Site, we may also collect the Special Category of Personal Data, Financial Data and Transaction Data. These data categories are manually provided by yourself and collected by us through our systems.
When you access our Site, we may collect the Browser Data through cookies and other similar devices.
We may also collect information from you directly via personal meetings, email correspondence, telephone calls or other communications, where you choose to contact us via these means, and such correspondences may be shared amongst our staff.
In respect of any potential job applicants, information may be collected from a number of sources and may include CVs, education and employment history, references and background checks, or interview questions. We will use this information to assess your suitability for any vacancy and to determine how to progress your application. This information will typically be retained on our systems for up to 24 months after which time it shall be destroyed unless we have a legitimate reason for retaining your information for a longer period.
HOW WE USE YOUR DATA
We will only use your data when the law allows us to. Most commonly, we will use your personal data in following circumstances:
- To provide our services to you;
- Where is it necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
- Where we need to comply with a legal or regulatory obligation;
- Where the processing is necessary for legal proceedings, for obtaining legal advice or establishing, exercising or defending legal rights.
Generally we do not rely on consent as a legal basis for processing your personal data save in respect of matters where we collect data relating to the Special Category of Personal Data, or other than in relation to sending third party direct marketing communications to you via email or text message. We will only send this type of communication to you if you have provided us with your express consent. You have the right to withdraw consent to marketing at any time by contacting us.
The lawful basis for using your information and the purpose for which we use the information
The Identity Data, Contact Data and Special Categories of Personal Data are collected to manage your application or purchase. If you submit an application or make a purchase, we will communicate with you in response and send you strictly service-related announcements or direct marketing communication if you have provided your consent thereto.
The Financial Data and Transaction Data are collected in order to facilitate payment of subscription fees and any other purchases through our Site, and to keep record of the payments we have received from you.
The Marketing and Communication Data are collected to ensure that we know which information and communication you would like us to send to you, and that we communicate to you through your preferred methods.
We will also use the data collected through surveys and forms. One such form includes our social media opt-out form, where you will explicitly state that any images of your child may not be used on social media. If you do not fill in this form, images of your child may be used on our social media platforms. If at any point you would like any images removed from our social media platforms please contact [email protected]. If you would prefer not to have photos of your child shared on Play Sense social media, you must complete this online form: https://bit.ly/2MUKtj6
We also use the data collected through our Site to manage and improve our services and content, and we may use the data collected for analysis, research, statistical and survey purposes. We may also monitor our advertising and marketing effectiveness through the analysis of the data we collect.
Change of purpose
We will only use the data we collected for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosure of your personal data
We may have to share your personal data with the parties set out below for the purposes set out above:
- Third parties acting as processors of data;
- Professional advisers acting as processors including lawyers, auditors and insurers, who provide consultancy, legal, insurance or accounting services;
- Financial, taxation, regulatory or judicial authorities, state agencies or public bodies, on request and to the extent that may be required by law; and
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same manner as set out herein.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
To protect your privacy, we do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, but we do share your digital footprint with such parties.
Our Site is available for use in different jurisdictions and are supported by teams physically situated in different jurisdictions.
When we share your personal data within our company and between the different teams or support staff, this may involve transferring your data outside the European Economic Area (“EEA”). We ensure your personal data is protected by requiring all persons involved to follow the same rules when processing your personal data to ensure a similar degree of protection is afforded to your data at all times.
In certain circumstances we may also transfer your data to third party service providers that support the operation of our business (such as providers of software and cloud computing services) and who may be located outside the EEA. In relation to jurisdictions in which the European Commission has recognised an adequate level of protection, we will rely on this finding. If no such recognition has been provided then we would seek to ensure that your data is adequately protected, for example where the European Commissions Standard Contractual Clauses can be used, the entity is Privacy Shield certified, or we can rely on an appropriate derogation which may include the provision of legal advice.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
OUR MARKETING POLICY
We use all features of Google Analytics for Display Advertisers (‘banner advertising’, i.e. the advertisements displayed on websites), to display content specific advertisements (“ads”) to visitors that have previously visited our Site when those visitors go to other websites that have the Google Display Network implemented.
Play Sense and other third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on visitor’s past visits to our Site.
This entails obtaining specific visitor cookie data, such as the source, medium and keyword used to visit our Site. Google Analytics does not store any personally identifiable information and we will not use personally identifiable information in any way related to Google Analytics, Google Adwords, and Remarketing.
We take your privacy very seriously. We feel that certain data should always be kept private, so we’ve developed restrictions around the types of ads where we don’t allow remarketing. When creating remarketing lists based on non-personally identifiable criteria, we won’t use any sensitive information about users. This includes information such as their financial status, sexual orientation, and other sensitive categories.
Where you have chosen to enable Google to associate your web and app browsing history with your Google account, and to use information from your Google account to personalize ads, Google will use data from its signed-in users together with the Google Analytics data to build audience lists for cross-device remarketing. Google Analytics will collect Google-authenticated identifiers associated with users’ Google Accounts (and therefore, personal information). Google Analytics will temporarily join these identifiers to the Google Analytics data in order to support specific audiences. This means that, if you visited a website using a mobile device and became a part of a remarketing campaign, you would see personalised ads with any type of device associated with your Google account.
As AdWords advertisers, we are restricted from and will not perform the following actions:
- Running ads that collect personally identifiable information, including, but not limited to, email addresses, telephone numbers, and credit card numbers; and
- Creating a remarketing list or creating ad text that specifically targets users in ways that are outlined as “prohibited”.
You can opt out of Google Analytics for Display Advertisers and opt out of customized Google Display Network ads, by visiting the Ads Preferences Manager in your browser.
Adwords remarketing will therefore display ads to you based on what parts of our Site you have viewed, by placing a cookie on your web browser. These cookies allow third parties to identify what you find popular, allowing a more personalised and relevant selection of advertisements to be displayed when you browse the internet. They normally won’t just be from us, but build an overall, but anonymous, picture of your preferences based on how you have browsed the internet, in order to deliver more relevant advertising. You may see internet-based advertising on our Site, but also on third party websites which uses information collected about your browsing activity on our Site.
DoubleClick collects the time and date you saw an ad, your IP address, the unique identity of the ad, the website on which you saw the ad, and the part of the website on which you saw the ad.
If you click on an ad a cookie will be set on your browser. This is designed so that the company that advertised will know if you then, after seeing an advert, went on to buy the product.
On its own, this data can tell DoubleClick how many times you have seen an ad and, for example, which country’s version of the ad you need to see. The information collected forms a set of data about the IP address to provide more relevant ads to you according to your browsing and clicking history.
We do not have any influence on the scope and further use of the data collected by Google through DoubleClick and therefore inform you according to our level of knowledge, and you can view their policies on the support.google.com website under Google Ad Manager.
To check what data DoubleClick has collected on you, you can go to Google’s ad preferences manager (you don’t have to be signed into Google). If you don’t want to be tracked by DoubleClick you can visit the activity controls section of your account page on Google, unticking the box marked “Include Chrome browsing history and activity from websites and apps that use Google services”, or follow any of these options:
- set your browser software accordingly, in particular the suppression of third party cookies means that you will not receive any ads from third party providers;
- disable cookies for conversion tracking by setting your browser to block cookies at adssettings.google.com, which will be deleted when you delete your cookies;
- disable the interest-based advertisements from providers that are part of the “About Ads” self-regulation campaign via the link http://www.aboutads.info/choices, whereby this setting is deleted if you delete your cookies;
- permanently deactivate cookies in your browsers Firefox, Internet Explorer or Google Chrome via the link http://www.google.com/settings/ads/plugin. Please note that in this case you may not be able to use all functions of our Site in full.
We have put in place appropriate security measures, such as encryption, to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Our Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the Privacy Notice of every website you visit.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we will consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Our policy is to retain personal data in relation to a person associated with Play Sense until such a person terminates his or her associated with Play Sense or for so long as may be required by data protection laws and other regulatory requirements (in the local jurisdiction where services were provided), whichever is the later.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for analysis, research or statistical purposes in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
Requesting access to your personal data (commonly known as a “data subject access request”) enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in certain circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within four weeks. Occasionally it may take us longer than four weeks if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Requesting correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Requesting erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Objecting to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Requesting restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- if you want us to establish the data’s accuracy;
- where our use of the data is unlawful but you do not want us to erase it;
- where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
- you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Requesting the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdrawing consent where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. You can withdraw your consent under the account settings function on our app, or by sending us an emailing withdrawing your consent.
“Legitimate Interest” means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We may use your data in pursuing our legitimate interests in carrying on the business of early childhood education. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overruled by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
“Performance of Contract” means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
“Comply with a legal or regulatory obligation” means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.