Privacy Policy

Introduction

Welcome to Little Ones’ privacy policy.

#The EU-US Privacy Shield has been held to be an invalid way of transferring EU personal data to the US. Please note that Little Ones is currently reviewing its processing activities with suppliers who relied on the EU-US Privacy Shield for international transfers. It will update this policy about that as applicable in due course#

Little Ones respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website or other online applications, such as our mobile app, social media channels and online forum (regardless of where you visit those from), buy our products, engage with us as part of your own work or services and to tell you about your privacy rights and how the law might protect you. This privacy notice also covers data which you might provide about your babies and who can be identified from the information you provide. 

The contents of this privacy policy is set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

1. 1. IMPORTANT INFORMATION AND WHO WE ARE
2. 2. THE DATA WE COLLECT ABOUT YOU
3. 3. HOW IS YOUR PERSONAL DATA COLLECTED?
4. 4. HOW WE USE YOUR PERSONAL DATA 
5. 5. DISCLOSURES OF YOUR PERSONAL DATA
6. 6. INTERNATIONAL TRANSFERS 
7. 7. DATA SECURITY
8. 8. DATA RETENTION 
9. 9. YOUR LEGAL RIGHTS 
10. 10. GLOSSARY 

Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Little Ones collects and processes your personal data through your use of this website, your use of our other online applications (including our mobile app, social media channels and online forum) and in your other dealings with us, including any data you may provide through this website when you sign up to our newsletter or purchase a product or service or take part in a competition or send us queries or communications or post reviews about us online. 

This website is not intended for children and we do not knowingly collect data relating to identifiable children. We recommend that you anonymise any data about your children which you might provide to us as part of using our online services or purchasing our products. Where you wish to post photographs or videos of your children on our online applications or social media channels we may seek your consent on behalf of your child before you do so. 

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements those other notices and privacy policies and is not intended to override them, save where any other such notice is clearly stated to be relevant to be particular jurisdiction not subject to the General Data Protection Regulation (“GDPR”).  

Controller

Little Ones 2015 Limited (a company registered in New Zealand) is the controller and responsible for your personal data (referred to as "Little Ones", "we", "us" or "our" in this privacy policy).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights as stated below at section 9, please contact the data privacy manager using the details set out below.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:

Full name of legal entity: Little Ones 2015 Limited

Email address:privacy@littleones.co 

Postal address: Private Bag 93504, Takapuna, Auckland, New Zealand 0740

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 the relevant regulator in your jurisdiction which is subject to the GDPR. We would, however, appreciate the chance to deal with your concerns before you approach the ICO or any other regulator so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. This version was last updated on 14th August 2019. Historic versions can be obtained by contacting us at privacy@littleones.co.

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.

Third-party links

This website 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 website, we encourage you to read the privacy policy of every website you visit.

2. The data we collect about you

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, or as applicable and as provided by you, your children, which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier, title (although Little Ones does not request this personal data), date of birth (Little Ones may request age of your babies to be able to provide appropriate products) and gender.
• Contact Data includes billing address, email address, telephone numbers and social media handles.

• Comments Data includes any opinions or comments that may be expressed about you on Little Ones’ systems (mainly likely to be relevant in respect of individuals at our business to business contacts in the EEA, if at all).

• Financial Data includes bank account and payment card details (although Little Ones does not process this personal data, External Third Parties process such data). Where we ask for Financial Data of our relevant business to business contacts in the EEA, that data is corporate data and not personal data. 
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us and your order number(s).
• Technical Data includes as may be applicable 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 this website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback (including reviews about us on third party sites) and survey responses and any image data which you post on our online applications and channels, including of your children.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you or your children (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). This is with the potential exception of any applicable health related data which you may decide is relevant to provide us when purchasing our products or in comments posted on our site or via our forum or social media feeds. To confirm, we do not require nor request any such health data from you and you therefore choose to provide that to us and which we then process to perform the contract between us, for our mutual legitimate interests or some other lawful basis as may be set out below. We do not collect any information about criminal convictions and offences. 

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 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 goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact, Marketing and Communications and Profile Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you

•  apply for, purchase or use our products or services;
• create an account on our website;
• subscribe to our publications and newsletters;
• request marketing to be sent to you;
• enter a competition, promotion or survey;
• engage with us on our social media channels; or
• give us feedback (whether on our own applications and channels or on third party review sites) or contact us.

Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. [We may also receive Technical Data about you if you visit other websites employing our cookies.] Please see our cookie policy for further details..

Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below Technical Data from the following parties:

• analytics providers [such as Google based outside the EU];
• advertising networks [such as Facebook, Instagram based outside the EU]; and

Contact, Financial and Transaction Data from independent providers of technical, payment and delivery services such as PayPal and Stripe, which might be based both inside and outside the EU..

Identity and Contact Data from data brokers or aggregators [such as Mailshark based outside the EU]..

Identity and Contact Data from publicly available sources such as social media accounts through which you choose to engage with us..

Comments Data is collected internally at Little Ones, if at all. 

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 in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into 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.
• Where we need to comply with a legal obligation.

Please see the additional explanation of LAWFUL BASIS at the Glossary in section 10 to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data although 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 consent to marketing at any time by contacting us.

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 plan to 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.

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 data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Promotional offers from 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 call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time at privacy@littleones.co. 

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy. 

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 atprivacy@littleones.co. 

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.

5. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table above. 

• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
• Any specific third parties listed in the table above from time to time. 
• 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 way as set out in this privacy policy.

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 (save where it is required by law or regulation) and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers

We share your personal data within the Little Ones Group and which is based in New Zealand, with operations also in Australia and the UK. This will involve transferring your data outside the European Economic Area (EEA). 

Many of our external third parties are based outside the 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 transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission, such as New Zealand. 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.
• Where we use providers based in the US, such as Google or Apple, 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. Data security

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.

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.

8. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements.

In general, much of the basic information about our data subjects (including Contact, Identity, Financial and Transaction Data) is retained for legal purposes for six years after they cease being website users, customers or other business contacts of the company. However, details of retention periods for different aspects of your personal data are available on request from privacy@littleones.co 

In some circumstances you can ask us to delete your data: please see your legal rights at section 9 below for further information.

In some circumstances we might 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.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

• 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 your 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. You can do this 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 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.
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

• Request transfer of your personal data. 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.

• Right to withdraw consent. 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.

If you wish to exercise any of the rights set out above, please contact us privacy@littleones.co

No fee usually required

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 could refuse to comply with your request in these circumstances.

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 could 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.

10. Glossary

LAWFUL BASIS

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 at privacy@littleones.co

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.

THIRD PARTIES

Internal Third Parties

Other companies in Little Ones’ Group from time to time (if any), those who provide IT and system administration services and our outsourced self-employed facilitators who deal with our customers and their queries on our online applications and such facilitators are based in the UK, New Zealand and Australia. 

External Third Parties

• Service providers acting as processors based in various jurisdictions from time to time (including USA, New Zealand and Australia) who provide client relationship management (CRM) and marketing and IT and system administration services. [Our CRM partner is currently Shopify and Klaviyo – please see their relevant privacy notice at [Shopify Privacy Page Klaviyo Privacy Page].
• Professional advisers acting as processors or independent controllers including lawyers, bankers, auditors and insurers based in various jurisdictions from time to time (including UK, New Zealand and Australia) who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs (UK), Inland Revenue Department (NZ), or the Australian Tax Office, regulators and other authorities acting as processors or independent controllers based in the UK, New Zealand and Australia) who may require reporting of processing activities in certain circumstances.