- 1.3 Protecting personal data is very important to us and the use of a Platform by a child is subject to the consent of their parent or legal guardian. For more details about children’s data see clause 2.4
- 1.5 We do not include any advertising on our Platforms. We only collect the name, username and year group of children using the Gooseberry Student App.
- 1.7 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive our Gooseberry Alerts, newsletters and direct marketing communications.
- 1.8 In this policy, “we”, “us” and “our” refer to Gooseberry Planet Limited. For more information about us, see Section 19.
2. How we use your personal data
2.1 In this Section 2 we have set out:
Gooseberry Planet Ltd 2019
(a) the general categories of personal data that we may process;
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
- 2.2 We may process data about your use of our website and services (“Usage Data“). The Usage Data may include your IP address, non-specific geographical location, the type of device you use, your device’s unique device ID, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the Usage Data is our analytics tracking system. This Usage Data may be processed for the purposes of ensuring that our Platforms are presented in the most effective way for you and your device, analysing the use of our website and services so that we can improve the service we provide to you and to report progress to you as teachers and parents/legal guardians. The legal basis for this processing is our legitimate interests, namely providing, monitoring and improving our website and services. We do NOT collect precise information about the location of your device.
- 2.3 We may process your adult account data (“Adult Account Data“). The Adult Account Data may include your name, email address, phone number (these may be your school email and phone number) and confirmation that you are over 18. The source of the Adult Account Data is you or your school or other organisation. The Adult Account Data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is the performance of a contract between you or your school and us and/or taking steps, at your or your school’s request, to enter into such a contract.
2.5 We may process information contained in any enquiry you submit to us regarding goods and/or services (“Enquiry Data“). The Enquiry Data may be processed for the purposes of responding to your enquiry including explaining, demonstrating, assisting, offering, marketing, selling, setting up, maintaining or terminating relevant goods and/or services to you. The legal basis for this processing is consent or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
- 2.6 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website or by cheque (“Transaction Data“). The Transaction Data may include your contact details, your bank account details, and the transaction details including product, number of licences, amount, time and date. Because all of our card payments are processed via PayPal or our website (Stripe), details of your card are encrypted and we do not see them. The Transaction Data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
- 2.7 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“Notification Data“). The Notification Data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent. You may unsubscribe from our notifications or newsletters at any time by clicking on the “unsubscribe” feature at the bottom of such notifications.
- 2.8 We may process information contained in or relating to any communication that you send to us (“Correspondence Data“). The Correspondence Data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you, providing user support and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
- 2.9 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
- 2.10 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
2.11 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3. Automated decision-making
- 3.1 We will use your personal data for the purposes of automated decision- making in relation to your job title within your school or organization.
- 3.2 This automated decision-making will involve identifying the appropriate person within an organization to contact regarding our goods or services.
- 3.3 The significance and possible consequences of this automated decision- making are that we make contact with you.
4. Providing your personal data to others
- 4.1 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
- 4.2 Financial transactions relating to our website and services may be handled by our payment services providers, Paypal or Stripe. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at: https://www.paypal.com/ee/webapps/mpp/ua/privacy-full or https://stripe.com/gb/privacy.
4.6 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
5. International transfers of your personal data
- 5.1 The hosting facilities for our website are based in the UK. We do not transfer your personal data to countries outside the European Economic Area (EEA) but you acknowledge that no security system can prevent all potential security breaches.
- 5.2 Whilst we have used our best efforts to ensure the security of your data please be aware that we cannot guarantee the security of information transmitted over the internet.
6. Retaining and deleting personal data
- 6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
- 6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
- 6.3 We will retain your personal data as follows:
- (a) Usage Data will be retained for a minimum period of one year following receipt, and for a maximum period of six years following receipt.
- (b) Adult Account Data will be retained for a maximum period of two years after ceasing to be registered to use the Platform.
- (c) Children’s Account Data will be retained for a maximum period of twelve months after ceasing to be registered to use the Platform.
- (d) Enquiry Data will be retained for a maximum period of six years after receipt of enquiry.
- (e) Transaction Data will be retained for a maximum period of six years post transaction date.
- (f) Notification Data will be retained for a maximum period of two years after unsubscribing.
- (g) Correspondence Data will be retained for a maximum period of six years following date of receipt.
6.4 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
7. Security of personal data
- 7.1 We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.
- 7.2 We will store all your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.
- 7.3 The following personal data will be stored by us or our payment services providers in encrypted form: password(s) and cardholder data.
- 7.4 Data relating to your enquiries and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology.
- 7.5 You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
- 7.6 You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our website confidential and we will not ask you for your password (except when you log in to our website).
- 8.1 We may update this policy from time to time by publishing a new version on our website.
- 8.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
- 8.3 We may notify you of changes to this policy by email.
9. Your rights
9.1 In this Section 9, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
9.2 Your principal rights under data protection law are:
- (a) the right to access;
- (b) the right to rectification;
- (c) the right to erasure;
- (d) the right to restrict processing;
- (e) the right to object to processing;
- (f) the right to data portability;
- (g) the right to complain to a supervisory authority; and
- (h) the right to withdraw consent.
- 9.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
9.4. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
- 9.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
- 9.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
- 9.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
- 9.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
- 9.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
- 9.10 To the extent that the legal basis for our processing of your personal data is:
- (a) consent; or
- (b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
- 9.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
- 9.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
- 9.13 You may exercise any of your rights in relation to your personal data by written notice to us at email address firstname.lastname@example.org, in addition to the other methods specified in this Section 9.
10. Third party websites
- 10.1 Our website includes hyperlinks to, and details of, third party websites.
- 10.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
11. Personal data of children
- 11.1 Our website is targeted at schools with a view to the protection and education of children. The consent of a child’s parent/legal guardian is required before their data is registered on our Platforms.
- 11.2 If we have reason to believe that we hold personal data of a child without the consent of their parent/legal guardian in our databases, we will delete that personal data.
12. Updating information
12.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
13. Acting as a data processor
- 13.1 In respect of Account Data entered on our systems by some of our re-sellers, we may act as a data processor rather than as data controller.
- 13.2 Insofar as we act as a data processor rather than a data controller, this policy shall not apply. Our legal obligations as a data processor are instead set out in the contract between us and the relevant data controller.
14. About cookies
- 14.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
- 14.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
- 14.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
15. Cookies that we use
16. Cookies used by our service providers
17. Managing cookies
17.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
- (a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
- (b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies- website-preferences (Firefox);
- (c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
- (d) https://support.microsoft.com/en- gb/help/17442/windows-internet-explorer-delete-manage- cookies (Internet Explorer);
- (e) https://support.apple.com/kb/PH21411 (Safari); and
- (f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and- privacy (Edge).
- 17.2 Blocking all cookies will have a negative impact upon the usability of many websites.
- 17.3 If you block cookies, you will not be able to use all the features on our website.
18. Our details
- 18.1 This website is owned and operated by Gooseberry Planet Limited.
- 18.2 We are registered in England and Wales under registration number 08693988, and our registered office is at 7 Nelson Street, Southend-on-Sea, Essex, England, SS1 1EH.
- 18.3 Our principal place of business is at 2 Station Road, Hook, Hampshire RG27 9HD.
18.4 You can contact us:
- (a) by post, to the postal address given above;
- (b) using our live web chat;
- (c) by telephone, on the contact number published on our website from time to time; or
- (d) by email, using the email address published on our website from time to time.
19. Data protection registration
- 19.1 We are registered with the UK Information Commissioner’s Office.
- 19.2 Our data protection registration number is ZA194101.