- LetsBab mobile application software (App) available on our site, www.letsbab.com/term_of_use (App Site), once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device).
1. IMPORTANT INFORMATION AND WHO WE ARE
LetsBab is the controller and is responsible for your personal data (collectively referred to as Company, we, us or our in this policy).
Our full details are:
Full name of legal entity: 151 Fifth Limited
Email address: firstname.lastname@example.org
Postal address: 123 Buckingham Palace Road, London SW1W 9SH
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk) or other competent supervisory authority of an EU member state if the App is downloaded outside the 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.
This version was last updated on 15 January 2019. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you when you next start the App or log onto one of the Services Sites. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.
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 our relationship with you and periodically review your account settings on the App.
Third party links
Our Sites may contain links to and from the third-party websites, plug-ins and applications and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.
2. THE DATA WE COLLECT ABOUT YOU
We may collect, use, store and transfer different kinds of personal data (or if you are a company, company data, or a charity, charity data) about you as follows:
- Identity Data: first name, last name, maiden name, username or similar identifier, title, date of birth, gender, if you choose to provide to us and, in addition, if you are a company, your corporate information, any product information which you choose to advertise for sale through our platform, bank account details for payment an any other information you choose to submit to us, or if you are a charity, your charity information, your bank account details for payment and any other information you choose to submit to us.
- Contact Data: the data we use to contact you including billing address (if you transact through Paypal or WorldPay), delivery address, email address and telephone numbers.
- Financial Data: means the payment method and card association used to process your payments for your orders. We do not store or process your card details ourselves, they are processed and stored via one of our contracted third-party service providers. We encrypt your payment card details in your browser and securely transfer this data to our relevant third-party payment provider to process a payment.
- Transaction Data: includes details about payments to and from you and details of in-App purchases, including the recommendations made on or through the App, including the other details of products and services you have recommended via the App.
- Device Data: includes the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting.
- Content Data: includes information stored on your Device, including friends’ lists, login information, photos, videos or other digital content, check-ins.
- Profile Data: includes your username and password, in-App purchase history including recommendations made, your interests, preferences, feedback, sign-in facility, and survey responses.
- Usage Data: includes details of your use of any of our Apps or your visits to any of Our Sites including, but not limited to, traffic data and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
- Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties, your communication you submit to us (including but not limited to information from surveys that we may, from time to time, run on the website for research purposes, if you choose to respond to, or participate in them and any other information you may submit to us) and your communications preferences.
- Location Data: includes your current location disclosed by GPS and ISP technology, including internet browser, any website from which you have come to from to us, your IP address, and/or the operating system of your computer or mobile device.
We do not collect any Special Categories of Personal Data about you (this includes details 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). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
You are under no obligation to provide any personal data. Certain features, functions or contents of the services made available under the term of a contract that we have with you are restricted to those who have registered with us. 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 the contract we have or are trying to enter into with you (for example, to provide you with the rewards or commission for a successful recommendation). In this example, we may have to cancel successful recommendation even if a product or service purchase was made but we will notify you if this is the case at the time.
3. DISCLOSURES OF YOUR PERSONAL DATA
4. DATA SECURITY
All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.
We will collect and store personal data on your Device using application data caches and browser web storage and other technology.
You acknowledge that the Internet is not a completely secure medium for communication and, accordingly, we cannot guarantee the security of any information you send to us (or we send to you) via the Internet. We are not responsible for any damages which you, or others, may suffer as a result of the loss of confidentiality of such information.
Certain Services include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so. We have put in place appropriate security measures 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. You can continue to control your privacy preferences through your privacy settings.
5. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect and process about you including through:
- Information you give us: this is information (including Identity Data, Contact Data, Profile Data, Financial Data and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App, App Site and the Services Sites (together Our Sites), using Our Sites or by corresponding with us (for example, by email or chat). It includes information you provide when you create an account or register to use the App Site, download or register an App, subscribe to any of our Services, search for an App or Service, make an in-App purchase, request marketing to be sent to you, share data via an App’s social media functions, enter a competition, promotion or survey and when you report a problem with an App, our Services, or any of Our Sites. If you contact us, we will keep a record of that correspondence.
- Location Data: we also may use GPS technology to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings.
- Information we receive from other sources including third parties and publicly available sources: we may receive information about you from other sources, such as from your other accounts or other websites, including data brokers, our Partners, social media providers like Facebook and Twitter, advertising networks and analytics partners, and payment and delivery service providers. By logging in to the App via Facebook or Twitter or other social media accounts or linking your account on our App to your social media accounts, you are giving us permission to obtain certain information and content from these accounts. The specific types of information that we may obtain depends on your settings for that account or website and will be subject to their privacy policies. We supplement the data you provide to us with data from data append services such as public or social graph data in order to better serve you with content or, if applicable, promotions. We may append this data to our existing customer account information to better understand customers’ interests and to provide more relevant product recommendations and advertising, to increase our customer’s security when using our App and to comply with our legal obligations, such as sanctions laws. This information can be associated with your personal information such as name, email, address, physical address or phone number. The purposes outlined here ensure we will be able to provide you with a fully functional LetsBab experience.
- Unique application numbers. When you want to install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.
You can see more details about the third parties we use in section 9.
6. INTERNATIONAL TRANSFERS
Some of our External Third Parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
- where you have consented before the processing
- where we need to perform a contract we are about to enter or have entered with you
- where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests, and
- where we need to comply with a legal or regulatory obligation.
We will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw that consent to marketing at any time by contacting us.
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. We only use the data you provide to us directly for this purpose along with the Aggregated Data provided to us by our analytics partners and we do not track what other websites you may visit after visiting our site, though in common with most websites, we may register the site which referred you to our site (e.g. a search engine).
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We generally only send electronic marketing – such as email marketing – to people who have previously bought similar products from us and this is in our legitimate interests. We will always offer a way out of receiving this marketing when you first purchase our products and in every marketing communication afterwards. We may on occasion send out postal marketing for the purpose of growing our sales which is in our legitimate interests and in this scenario we will rely on you to let us know if you do not want to receive this by opting out of marketing (see Opting out below).
We may use third-party service providers to serve advertisements most relevant to you across your different devices in order to show you targeted ads when you visit them. We may do this by:
(b) we may also provide these platforms with your email address to create ‘audiences’ of users fitting within a certain demographic/category so that we can target our marketing. Please check the social media platforms’ terms for more details of these services. This is in our legitimate interests of sending you direct marketing. See ‘Opting out’ below for details of how you can adjust your marketing preferences. Our Cookies Policy also explains how you can adjust your cookies preferences.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we may use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Type of data
Lawful basis for processing
|To install the App and register you as a new App user||Identity
|To process in-App purchases and deliver Services including managing payments and collecting money owed to us||Identity
Marketing and Communications
Performance of a contract with you
Necessary for our legitimate interests (to recover debts due to us)
|To manage our relationship with you including notifying you of changes to the App or any Services||Identity
Marketing and Communications
Performance of a contract with you
Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services)
Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions)
|To enable you to participate in a prize draw, competition or complete a survey||Identity
Marketing and Communications
Performance of a contract with you
Necessary for our legitimate interests (to analyse how customers use our products/Services and to develop them and grow our business)
|To administer and protect our business and this App including troubleshooting, data analysis, support, reporting, hosting of data and system testing||Identity
|Necessary for our legitimate interests (for 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)|
|To deliver relevant content, advertisements and other marketing material to you to make recommendations to you about goods or services which may interest you.
To measure and analyse the effectiveness of the advertising we serve you
To monitor trends so we can improve the App
Marketing and Communications
Necessary for our legitimate interests (to develop our products/Services and grow our business and to improve our offering to you).
|To use data analytics to improve Our Sites products / services, marketing, customer relationships and experiences||Technical
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep Our Sites updated and relevant, to develop our business and to inform our marketing strategy).
Please note that where cookies are used for this purpose, this is covered by our Cookies Policy set out in Section 11.
|To make suggestions and recommendations to you about goods or services that may be of interest to you||Identity
|Necessary for our legitimate interests (to develop our products/services and grow our business, and to improve our offering to you).|
We do not conduct any automated decision making. We may on occasion profile our customers for the purposes of targeting marketing at them and where this is done, this is undertaken for our legitimate interests of ensuring our marketing is relevant to its audience. For example, we may classify an appropriate audience for a promotion by what products on our website they have previously looked at or expressed an interest in. We do not conduct any online behavioural tracking.
You can ask us to stop sending you marketing messages at any time by contacting us at any time.
If you opt out of receiving email marketing from us, we will no longer share your email address with social media platforms (see External Third Parties below). However, you may continue to see our ads through them, due to their general demographic targeting. Please check the social media platforms for more detail of how to opt out from seeing these ads.
Change of purpose
We will only use your personal data 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.
8. DATA RETENTION
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 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. For example, details of your orders will be kept for as long as we need to retain that data to comply with our legal and regulatory requirements. This is generally 6 years unless the law prescribes a longer period.
In some circumstances you can ask us to delete your data: see ‘Your Legal Rights’ below for further information.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes. 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.
In some circumstances you can ask us to delete your data: see ‘Your Legal Rights’ below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
You also have the right to ask us not to continue to process your personal data for marketing purposes.
You can exercise any of these rights at any time by contacting us.
What we may need from you
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.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month 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.
Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. 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 overridden 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 obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
Internal third parties
External third parties
- Essential Service Providers: sometimes, other businesses give us data about you which we may need for our legitimate interests of conducting business with you and on occasion they are necessary to perform our contract with you. It usually comprises Financial Data or Transaction Data. This happens when we link through to third party payment providers. They will provide us with your Contact Data and Financial Data. We also might engage third party contractors to provide us with technical or delivery services that are related to your account with us. These providers are based in the United States, India and Europe.
- Analytics and search engine providers, like Google, that we use to assist us in the improvement and optimisation of the App and our Sites. These providers are based in the United States and in Europe
- Marketing and insights providers that help us to enable our marketing. These providers are based in the United States and in Europe.
- Performance Marketing and Recommendations Providers help us deliver advertising and recommendations of tailored to the user’s interests and needs. These providers are based in Europe (mostly in the UK) and in the United States.
- Research companies that we can engage to help us carry out surveys regarding user’s use of our App and Our Sites. These providers are mostly based in Europe (mostly in the UK) or in the United States.
- IT / technology that we use to support, maintain and provide our technology and IT infrastructure that supports our Website and the storage of your information based in the US, EU and India.
- Anti-fraud and credit check providers to keep us and you secure. They have access to and process your information and associated orders in order to check for any fraudulent behaviour.
- Professional advisers acting as processors or joint controllers including lawyers, banks, auditors and insurers to manage risks and legal claims, and/or as part of our relationship and obligations to our investor organisations. This is in our legitimate interest. These are mainly based in the United States and the UK.
10. YOUR LEGAL RIGHTS
You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request 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.
- Request 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.
- Object 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.
- Request 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.
- Request 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.
Withdraw consent at any time 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.
LETSBAB COOKIES POLICY
- By visiting this website with your browser settings adjusted to allow cookies, you are consenting to LetsBab using cookies for the purposes outlined below in order to provide you with a fully functional LetsBab experience.
What is a cookie?
- A cookie is a small text file which is downloaded and stored on your computer or mobile device by websites that you visit. Where cookie technology is not available, an anonymous identifier may be used. An anonymous identifier is a random string of characters used for the same purposes as a cookie.
- Your browser accesses the cookie file only when you visit the website that generated it. This helps to ease your navigation by automatically logging you in and remembering things like your preferences and what’s in your shopping basket. Cookies allow sites like LetsBab to deliver you a personalised shopping experience.
- The information stored within any given cookie can only be accessed by the website that created it and cookies are limited to communicating only the information that you have disclosed to the site.
We use the following types of cookie:
The list below details the cookies or similar technologies used on LetsBab. We have outlined who sets these and their purpose. If the party reads something other than LetsBab, these are our third-party business partners who help us to enhance your browsing experience.
- Strictly necessary cookies: These are cookies that are essential in order to enable you to move around the App and Our Sites and use their features. Without these cookies or similar technology, Services you have asked for such as remembering your login details or recommendation tracking cannot be provided.
- Functional Cookies: These enhance your experience on our website (e.g. remembers your language preferences and search parameters).
- Performance Cookies: such as Google Analytics, these enable us to provide a better service based on how our users navigate our website.
- Targeting or Advertising Cookies: These are set by us and selected third parties and inform both as the third parties about your browsing habits, so you can be provided with advertising that is most relevant to you.
- Social Media Cookies: Are set by the third parties, including Facebook and Twitter, and allow you to share what you’ve been doing on the website on social media. If you use the buttons that allow you to share products and content with your friends via social networks like Twitter and Facebook, these companies may set a cookie on your computer memory. Find out more about these here:
Duration of cookies:
- Session (or Transient) Cookies: Session cookies are stored in your computer’s memory for the length of your browsing session. They become inaccessible after the session has been inactive for a time and are automatically deleted from your computer when the browser is closed. They allow you to move from page to page without having to log-in repeatedly.
- Persistent (or Permanent) Cookies: Persistent cookies are stored in your computer memory and are not deleted when the browser is closed. They are used to keep your preferences for the website, so they will be remembered for next time you visit the website. They are also used to collect information about the numbers of visitors, the average time spent on a particular page and analyse shopping behaviour on the website. This information is used to find out how well the website works and where it can be improved.
- Flash Cookies (or Locally Shared Objects): You probably have Adobe Flash installed on your computer. Websites that contain Flash can also store small files on your computer that are used in the same way as cookies.
Flash cookies can also back up the data that is stored in other cookies. When you delete cookies, your Flash cookies are not affected. So, a website may still recognise you if it backed up the deleted cookie information on a Flash cookie.
Please note that refusing cookies does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted out will no longer deliver adverts tailored to your web preferences and usage patterns, so you may see a greater number of adverts that are irrelevant to you and your preferences. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of Our Sites.
Last amended: 15 January 2019