1 - IMPORTANT NOTICE
1.1 This is the Privacy Notice of Artful Toddler Limited (Company Number 08197668) whose registered office is at 41 Tylecote Crescent, Little Haywood, Staffordshire ST18 0TA (“Artful Toddler”, “we”, “us” or “our”) and sets out how Artful Toddler collects and processes your personal data. This Privacy Notice also provides certain information that is legally required and lists your rights in relation to your personal data.
1.2 We take our data protection responsibilities very seriously and we comply with all applicable Data Protection Legislation in force from time to time. For the purposes of this Privacy Notice, “Data Protection Legislation” means the EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (“GDPR”) and any laws in England giving effect to its provisions.
1.3 This Privacy Notice relates to personal information identifying you or your child/children. We refer to this information throughout this Privacy Notice as “personal data” and section 2 sets out further detail of what this includes.
1.4 Please do read this Privacy Notice to understand how we may use the personal data of you and your child.
1.5 This Privacy Notice may vary from time to time so please check it regularly. If we make any changes to this Privacy Notice that substantially affect your rights or obligations, and we have your email address, we shall notify you accordingly.
2 - THE DATA WE COLLECT ON YOU
We may collect the following personal data about you and your child/children:
2.1 personal data you provide to us in person, via our websites or by any other form of communication;
2.2 personal data in the form of images or video footage that is taken or captured at one or any of Artful Toddlers venues or events provided that we shall only take images or video footage if you have consented to such recording, and you may withdraw that consent at any time on notice to us (see Your Rights below);
2.3 personal data you provide when applying to either become a franchise owner, or for any jobs advertised or submissions for speculative job applications and/or your CV;
2.4 personal data gathered using cookies;
2.5 personal data you provide if you enter any competition or promotion.
In order to attend our classes, the only information you need to provide to us is your full name, your email address and your child’s first name.
You confirm that you have parental responsibility for any child who is the subject of any personal data you provide to us.
All personal data that you provide to us must be true, complete and accurate. If you provide us with inaccurate or false data, and we suspect or identify fraud, we will record this. In addition we may search at fraud prevention agencies for information on you as part of our due diligence to ensure we comply with anti-money laundering legislation.
We also collect details of your visits to our website including but not limited to traffic data, location data, weblogs and other communication data. This information is anonymous. We may share it with third parties, and we use it to improve our website and services.
3 - KEY INFORMATION ABOUT YOUR PERSONAL DATA
3.1 Data controller and contact details
3.1.1 For the purposes of the Data Protection Legislation, we are the controller of the personal data you provide to us and as a controller we process (or ‘use’) the personal data we hold on you in accordance with this Privacy Notice.
3.1.2 If you need to contact us in connection with our processing of your personal data, then you can do so at email@example.com.
3.3 How we use your personal data
In some instances we may not obtain your consent to our processing of your personal data and instead we can rely on another lawful basis to do so.
These purposes for which we can use your personal data are set out below:
3.3.1 To perform our contractual obligations to you. This would include contacting you in relation to any issues or enquiries you may have, and providing your personal data to our franchisees and their authorised personnel (including, but not limited to, all authorised teachers and administrative personnel) to enable you to register for and attend a class and tell you about any cancellation, change of time, venue or other matter relating to a class.
3.3.2 To comply with our own legal obligations, e.g. health and safety legislation, or to assist in an investigation (e.g. from the Police).
3.3.3 To use your personal data to operate our business, but otherwise than in performing our contractual obligations to you (and includes our providing your personal data to our franchisees and their authorised personnel (including, but not limited to, all authorised teachers and administrative personnel) for the same purposes).
3.3.4 Under the Data Protection Legislation, we can use your personal data for ‘legitimate interests’ which for our purposes are as follows:
(i) to notify winners of online competitions;
(ii) to send surveys in connection with our goods and services;
(iii) to send important notices such as communications about changes to our terms and conditions and policies;
(iv) to assist in the investigation of suspected illegal or wrongful activity. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
(v) to deal with any misuse of the website/s;
(vi) to provide important real-time information (usually by email) about classes or services you have booked (e.g. a change of time or location of the class due to unforeseen circumstances);
(vii) to send information you have requested;
(viii) to deal with enquiries;
(ix) where you have submitted interest in becoming a franchise owner or for a job, we may keep your details on file for future reference and we may send you information about franchise and job opportunities;
(x) to develop, deliver and improve our goods or services;
(xi) to help us develop our website to be more useful to you;
(xii) for internal purposes for hosting, research, analysis, testing, monitoring, customer communication, risk management and administrative purposes;
(xiii) to protect and defend our rights or property;
(xiv) to sell, make ready for sale or dispose of our business in whole or in part including to any potential buyer or their advisers; and
3.3.5 To use the health-related personal data you provide to us about your child/children to protect the vital interests of you and your child/children in situations where you are physically or legally incapable of giving consent for us to do so. For example, this would enable us to make this type of personal data available to each of our franchisees and their authorised personnel (including, but not limited to, all authorised teachers and administrative personnel) in situations where we and/or our franchisees are required to comply with a specific legal requirement and there is not time to gain your consent. This would especially be relevant in an emergency or simply to enable you to take classes at different venues with different franchisees.
3.4 Who receives the personal data you provide to us
3.4.1 The Artful Toddler business operates through a franchise network, so we sometimes share the personal data we collect from you with each of our franchisees (who may also share it with their authorised teachers and administrative personnel) so that the franchisees can use your personal data for the purposes set out above.
3.4.2 For our legitimate interests, we may share your personal data with any service providers, sub-contractors and agents that we may appoint to perform functions on our behalf and in accordance with our instructions, including payment providers, IT service providers, delivery companies, accountants, auditors and lawyers. We shall provide our service providers, sub-contractors and agents only with such of your personal data as they need to provide the service for us and if we stop using their services, we shall request that they delete your personal data.
3.5 Transfers of your personal data to other countries
Wherever possible, the personal data we collect from you is held within the European Economic Area (“EEA”). It is however possible that in the future such personal data may be transferred, stored and/or processed outside the European Economic Area (“EEA”) by our third-party processors. By submitting your personal data, you agree to this transfer, storing and/or processing. You should be aware that countries outside the EEA may not offer the same level of data protection as the United Kingdom, however we will take reasonable steps to ensure that your data is treated securely and in accordance with the DPA.
3.6 How long we will hold your personal data for
We will only hold your personal data for so long as is necessary for us to do so, however because this depends in each case on how each of our customers interact with us, we keep the length of time that we hold your personal data for under continual review. To do this we regularly review the personal data we hold and which of our customers are still attending Artful Toddler activities. Where we no longer need to process your personal data for the purposes set out in this Privacy Notice then we will delete your personal data from our system. This means that if you or your child/children does not attend an Artful Toddler activity for a long period of time and then return, we may not have retained your details. In such instances, you may need to supply these details to us again in order to receive our services and goods.
3.7 Why should you provide us with personal data?
3.7.1 Your personal data belongs to you and your family and we would like you to be comfortable with the level of information you disclose to us: you do not have to provide us with any personal data if you do not wish to do so, although you understand that you may not be able to attend a class or otherwise engage with us if you choose not to do so.
3.7.2 However, please be aware that we do need to use your personal data to fulfil our contractual obligations to you and to provide you with our services and goods.
3.7.3 Where we ask for your consent to process your personal data, you are free to withdraw any consent you may give. Please note, however, that where you do withdraw your consent or otherwise object to our processing of your personal data then this will impact our ability to provide you with services and goods (e.g. if we cannot contact you to tell you about a venue change or bookings for new terms etc).
4 - LINKS TO OTHER WEBSITES
A cookie is a small text file containing a unique identification number that is transferred (through your browser) from a website to the hard drive of your computer. The cookie identifies your browser but will not let a website know any personal data about you, such as your name and/or address. These files are then used by websites to identify when users revisit that website.
We also use third party cookies such Google Analytics to monitor how our website is used. These cookies collect information anonymously and generate reports detailing information such as the number of visits to the system, where visitors generally came from, how long they stayed on the system, and which pages they visited. They place several persistent cookies on your computer’s hard drive. These do not collect any personal data. If you do not agree to this you can disable persistent cookies in your browser. This will prevent these third party cookies from logging your visits.
We shall process your personal data in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures. All information you provide to us is stored on our secure servers.
However, you acknowledge that no system can be completely secure. Therefore, although we take these steps to secure your personal data, we do not promise that your personal data will always remain completely secure.
7. YOUR RIGHTS
You have a number of rights under applicable laws.
You have the right to access data that we hold about you, the right to correct and update data that we hold about you, the right to have your data erased, the right to object to processing of your data, the right to ask us to stop contacting you for marketing purposes, the right to request that we transfer your data to another controller and the right to object to automated decision making and/or profiling.
To exercise these rights, or any other rights you may have under applicable laws, please contact us. We shall confirm when we have carried out your request.
Please note that it may take a few days for us to remove you from our marketing database.
If you ask that we stop using images or video footage of you or your child we shall do so as soon as reasonably practical, but you understand that we cannot recall any marketing materials already distributed by us.
Please note, we reserve the right to charge an administrative fee if your request is manifestly unfounded or excessive.
If you have any complaints in relation to this policy or otherwise in relation to our processing of your personal data, please contact us. You can also contact the UK supervisory authority: the Information Commissioner, see www.ico.org.uk. If you are outside of the UK, you have the right to lodge your complaint with the relevant data protection regulator in your country of residence.
8. RETENTION OF PERSONAL DATA
We retain your personal data in accordance with applicable laws. Therefore, if you register with us for classes, we shall retain your personal data until you tell us that you no longer wish to attend classes, except where we are required to retain your personal data for longer to comply with accounting and taxation requirements. If you have otherwise contacted us with a question or comment, we shall retain your personal data for 6 months following such contact to respond to any further queries you might have.
If any provision of this Policy Notice is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
This Policy Notice shall be governed by and construed in accordance with the law of England and Wales.
Last updated: May 2018