Privacy Policy

We are Sphereco Limited (company number 13831946) (we, us, our) and we are committed to protecting the privacy and security of your personal data. This Privacy Notice describes how we collect, use and look after your personal data when you visit our KidChing app (our app) (regardless of where you visit it from). It also tells you about your rights and how the law protects you.

1. Important Information

Supplementing Other Notices: This Privacy Notice supplements the other notices and terms published on our app (including our Kidching terms of use (Terms)) and is not intended to override them.
Controller Responsibility: We are the controller of, and are responsible for, your personal data.
Understanding This Privacy Notice: To assist you further in understanding this Privacy Notice, we have set out in the Schedule a glossary of terms used in this Privacy Notice, examples of types of personal data we collect, how we use it, the lawful basis for processing such data and further details of your rights.
Contact Information: If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us in writing at:

Email: [email protected]
Complaints: You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO) (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Children: Our app is not intended for children and we do not knowingly collect data relating to children.
Data Accuracy: It is important that the data we hold about you is accurate and current, therefore please keep us informed of any changes to your personal data.
Third-party Links: Our app may include links to third-party websites, plug-ins and applications. By clicking on these links or enabling connections you may be allowing third parties to collect or share your personal data. We have no control over these third-party websites, plug-ins or applications and are not responsible for their privacy notices, so please read their privacy notices to understand what personal data they collect and how they use it.

2. The Data We Collect About You

We may collect, use, store and transfer the types of personal data about you listed in Part 1 of the Schedule.
We also collect, use and share aggregated data. However, if we combine aggregated data with your personal data so that it can directly or indirectly identify you, we treat this as your personal data.
We do not collect any special categories of personal data or any information about criminal convictions and offences.
If we are required by law, or under the terms of a contract we have with you, to collect your personal data and you fail to provide it:
1. we may not be able to enter into or perform the contract with you; and/or
2. we may have to cancel a product and/or the contract (as applicable).
We will notify you of this at the relevant time.

3. How Personal Data is Collected

We collect personal data in the following ways:

Direct interactions: You may provide personal data when you complete our online enquiry form, register for an account, display, order, buy or sell items via our app, correspond with us (by post, phone or email) [or when we contact you to ask you to leave a review of our App].
Automated technology: We automatically collect personal data (technical and usage) when you browse or interact with our app, by using cookies, server logs and other similar technologies. We may also receive technical data about you if you visit other websites which use our cookies. Please see our Cookies Policy for further details.
Publicly available sources: We may collect personal data from publicly available sources such as the Electoral Register and credit reference agencies, based in the UK.
Third parties: We may receive personal data from: (a) analytics providers such as Google; (b) advertising networks; (c) search information providers; and (d) our suppliers such as website support and maintenance providers.

4. How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data:
1. to perform the contract we are to enter into or have entered into with you to make available our app and services to you;
2. to comply with a legal obligation; or
3. where it is necessary to carry out our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Part 2 of the Schedule sets out the lawful basis we will rely on to process your personal data.
Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your information.
Marketing: You will only receive marketing communications from us if you have:
1. purchased items via our app; or
2. provided your consent to receive marketing communications
and have not opted out, unsubscribed from our mailing list or withdrawn your consent.
We will not share your personal data with third parties for their marketing purposes.
How to opt out: You can opt out of email marketing by clicking the unsubscribe button within the marketing email. You can also withdraw your consent to receive marketing communications and ask to be removed from our mailing list at any time by contacting us.
Even if you opt out of marketing communications, we may still use your personal data for other purposes provided we have a lawful basis to do so.
Change of purpose:
1. We will only use your personal data for the purpose that we originally collected it for, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose or we have a lawful basis to change the purpose.
2. If we need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis that allows us to do so.
3. We may process your personal data (without your knowledge or consent) where this is required or permitted by law.

5. Disclosure of Your Personal Data

We may share your personal data with the Third Parties set out in Part 4 of the Schedule. We require all Third Parties to respect the security of your personal data and to treat it in accordance with the law. Such Third Parties can only process your personal data for specified purposes and in accordance with our instructions.
Where it is indicated in our terms of use, or in the course of using the app, that your use of a particular service—such as the payment services provided by our payment services partner or the delivery services provided by a delivery provider—is subject to the relevant Third Party’s standard terms and privacy notice, you should ensure that you have read and are happy with all notices provided by that Third Party before using that service. In those circumstances, we will not be responsible for any personal data which that Third Party collects from or about you, other than the personal data that we share with the Third Party.

6. Data Security

We operate appropriate security measures to prevent personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Access to personal data is restricted to individuals who have a business need to know it, are under confidentiality obligations and can only process it on our instructions.
We have procedures in place 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.

7. Data Retention

We will only retain your personal data for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements.
We may update our data retention practices from time to time and you can request details by contacting us. However, we are legally required to keep basic information about our customers (including contact, identity and transaction data) for six years after the end of the tax year in which they cease being users, for tax purposes.
We may also anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes. We can use anonymised information indefinitely without further notice to you.

8. Your Legal Rights

Your legal rights in relation to your personal data are set out in full in Part 3 of the Schedule. If you wish to exercise any of your rights, please contact us.
You will not have to pay a fee to exercise any of your rights unless your request is clearly unfounded, repetitive or excessive. In such cases, we may charge a reasonable fee for this information or refuse to comply with your request.
We may ask you to provide further information to help us confirm your identity. This is a security measure to ensure that personal data is not disclosed to any person who does not have the right to receive it.
We aim to respond to all legitimate requests within one month. If your request is particularly complex or you have made a number of requests, it may take us longer to respond. In this case, we will notify you and keep you updated.

9. Updates

We may change this Privacy Notice from time to time by updating this page. Please check it regularly to ensure you are aware of any changes.

This Privacy Notice was last updated in September 2023.

Schedule

Part 1: Types of Personal Data

Contact data: Delivery address, email address and telephone number.
Identity data: First name and last name.
Marketing and communication data: Your preferences in receiving marketing from us.
Profile data: Your username, password and login credentials for your account.
Technical data: Internet protocol (IP) address, your login data, 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 our App.
Transaction data: Details of items you have purchased from us.

Part 2: Lawful Basis for Processing and Processing Activities

The lawful basis upon which we may rely on to process your personal data are:

Consent: You have given your express consent for us to process your personal data for a specific purpose.
Contract: The processing is necessary for us to perform our contractual obligations with you under our contract, or because you have asked us to take specific steps before entering into a contract with you.
Legal obligation: The processing is necessary for us to comply with legal or regulatory obligations.
Legitimate interests: The processing is necessary for our or a third party’s legitimate interest (e.g., in order for us to provide the best service to you via our App). Before processing your personal data on this basis, we ensure we consider and balance any potential impact on you, and we will not use your personal data on this basis where such impact outweighs our interest.

Set out below are specific details of the processing activities we undertake with your personal data and the lawful basis for doing this:

Purpose/Activity	Type of Data	Lawful Basis for Processing
To create your account and register you as a new user.	Identity, profile and contact	To perform our contract with you by making our App and services available to you.
To process and deliver your order, manage payments, fees and charges and debt recovery.	Identity, contact, transaction, and marketing and communications	(i) To perform our contract with you; (ii) As necessary for our legitimate interest in recovering debts due to us.
To manage our relationship with you and notify you of changes to our Terms or Privacy Notice.	Identity, contact, profile, and marketing and communications	(i) To perform our contract with you; (ii) As necessary to comply with a legal obligation; (iii) As necessary for our legitimate interests in keeping our records updated and analysing how customers use our products/services.
To administer and protect our business and this App (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).	Identity, contact and technical	(i) As necessary for our legitimate interests in running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise; (ii) As necessary to comply with any legal obligations.
To deliver relevant app content/advertisements to you and measure or understand the effectiveness of our advertising.	Identity, contact, profile, marketing and communications and technical	As necessary for our legitimate interests in studying how users use our App, to develop them, to grow our business and to inform our marketing strategy.
To use data analytics to improve our App, products/services, marketing, customer relationships and experiences.	Technical	As necessary for our legitimate interests to define types of users for our App, to keep our App updated and relevant, to develop our business and to inform our marketing strategy.

Part 3: Your Legal Rights

Access your data: You can ask for access to and a copy of your personal data and check that we are lawfully processing it.
Correction: You can ask us to correct any incomplete or inaccurate personal data we hold about you.
Erasure: You can ask us to delete or remove your personal data where:
- there is no good reason for us continuing to process it;
- you have successfully exercised your right to object (see below);
- we may have processed your information unlawfully; or
- we are required to erase your personal data to comply with local law.
We may not always be able to comply with your request for specific legal reasons, which will be notified to you at the time of your request.
Object: You can object to the processing of your personal data where:
- we are relying on our legitimate interest (or those of a third party) as the basis for processing your personal data, if you feel it impacts your fundamental rights and freedoms;
- 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 and in such circumstances, we can continue to process your personal data for such purposes.
Restrict processing: You can ask us to suspend or restrict the processing of your personal data, if:
- you want us to establish the accuracy of your personal data;
- our use of your personal data is unlawful, but you do not want us to erase it;
- you need us to hold your personal data (when 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 personal data, but we need to verify whether we have overriding legitimate grounds to use it.
Request a transfer: You can request a transfer of your personal data that is held in an automated manner and which you provided your consent for us to process or that we need to process to perform our contract with you, to you or a third party. We will provide your personal data in a structured, commonly used, machine-readable format.
Withdraw your consent: You can withdraw your consent at any time (where we are relying on consent to process your personal data). This does not affect the lawfulness of any processing carried out before you withdraw your consent.

Part 4: Third Parties

Service providers: Acting as processors who provide IT and system administration services.
Payment Gateway Provider: Acting as a controller who requires information to collect and process payments on our behalf for items ordered through our App or to issue refunds, being MangoPay. They will process personal data in accordance with their privacy notice found here: mangopay.com/privacy-statement.
Delivery Provider: Acting as a controller who requires information to arrange for the collection of items on behalf of sellers and delivery to buyers of items ordered through our App or to arrange for returns, and who may pass on your information to Carriers, being SendCloud. Their processing terms can be found here: Privacy Policy Sendcloud.
Carriers: Acting as processors who collect and deliver items ordered through our App or returned by buyers, on behalf of the Delivery Provider in accordance with the Delivery Provider’s terms.
Professional advisors: Acting as processors or controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue and Customs, regulators and other authorities: Acting as processors or controllers who require reporting of processing activities in certain circumstances.
Other third parties: Such third parties 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, the new owners may use your personal data in the same way as set out in this Privacy Notice.

Part 5: Glossary

Aggregated data: Information such as statistical or demographic data which may be derived from personal data but cannot by itself identify a data subject.
Controller: A body that determines the purposes and means of processing personal data.
Data subject: An individual living person identified by personal data (which will generally be you).
ICO: Information Commissioner’s Office, the UK supervisory authority for data protection issues.
Personal data: Information that identifies a data subject from that data alone or in combination with other data we hold, excluding anonymised or aggregated data.
Processor: A body that is responsible for processing personal data on behalf of a controller.
Special categories of personal data: Information about race, ethnicity, political opinions, religious or philosophical beliefs, trade union membership, health, genetic, biometric data, sex life and sexual orientation.