EARTHTURNER LIMITED

Privacy Notice

Last Updated 12^th August 2019

This Privacy Notice (“Privacy Notice”) applies to users of the Nightfeed app (the “App”) and any of the services we offer from the App (the “Services”). We respect the privacy of every person who uses our App, and we are committed to ensuring a safe app experience for all.

1 Purpose of this privacy notice

This Privacy Notice explains our approach to any personal information that we might collect from you or which we have obtained about you from a third party and the purposes for which we process your personal information. This Privacy Notice also sets out your rights in respect of our processing of your personal information.

 

When we talk about “personal information”, we mean any information which relates to an identified or identifiable living individual. Individuals might be identified by reference to a name, an identification number, location data, an online identifier (such as an IP address) or to other factors that are specific to them, such as their physical appearance.

This Privacy Notice informs you of the nature of the personal information about you that is processed by us and how you can request that we delete it, update it, transfer it and/or provide you with access to it.

This Privacy Notice is intended to assist you in making informed decisions when using the App. Please take a moment to read and understand it. It should be read in conjunction with our Terms of Use.

This Privacy Notice only applies to the use of your personal information obtained by us, whether from you directly or from a third party. It does not apply to personal information collected by third parties during your communications with those third parties or your use of their products or services (for example, where you follow links to third party apps or websites over which we have no control, or you purchase goods or services from those third parties).

2 About us

The App is made available by Earthturner Limited (“Nightfeed”, “we”, “us, “our”). Nightfeed is the data controller responsible for your personal information.

 

Earthturner Limited is a company registered under the law of England and Wales with its registered office address at Balfour House, 741 High Road, London, England, N12 0BP

3 How to contact us

If you have any questions about this Privacy Notice or want to exercise your rights (see section 16) set out in this Privacy Notice, please email [email protected].

4 How we collect and receive personal information

We collect and receive personal information using different methods:

Ø Personal information you provide to us.

You may give us your personal information directly. This will be the case when, for example, you sign up to the App, contact us with enquiries, post content or feedback on the App, subscribe to receive our marketing communications or provide feedback to us.

Ø Personal information received from third parties.

From time to time, we will receive personal information about you from third parties. Such third parties may include analytics providers and third parties that provide technical services to us so that we can operate the App.

5 Who we collect personal information about

We collect and process personal information from the following people:

Ø App users.

If you register as a member on the App, contact us with an enquiry through the App, submit a complaint through the App, contribute to the content on the App or use any of the Services available on the App, we will collect and process your personal information in connection with your interaction with us and our App.

Ø Suppliers (including subcontractors).

If you supply products or services to us on your own behalf, we will collect and process your personal information in connection with our receipt of products and services from you and, where relevant, our provision of our Services to others. This may include personal information included in any email or telephone communications or recorded on any document relating to an order of products or the provision of services.

Ø Individuals who work for our partners and suppliers.

Corporate entities and other organisations are not data subjects, although any individuals who work for them are. If you work for or otherwise represent an organisation which is one of our partners or suppliers and you are engaging with us on behalf of that organisation, whether through the App or otherwise, we will collect and process your personal information in connection with our receipt or provision of products and services and our wider relationship with your organisation.

Ø Job applicants.

If you apply for a job with Nightfeed, whether through the App or otherwise, we will collect and process your personal information in connection with your application.

6 Personal information we collect and how we use it

We use your personal information for the following purposes:

Ø Your use of the App.

o General Use

We collect and maintain personal information that you submit to us during your use of the App. We may collect and process your personal information whether you are interacting with us on your own behalf or on behalf of any organisation you represent.

The personal information we process may include your name and contact information (such as email address, postal address and telephone number) and your payment information (where applicable). We process this information so that we can fulfil the supply of Services you have requested from us, maintain our App user databases and to keep a record of how our Services are being used. Some Services we offer are also subject to separate terms and conditions which will apply to your use of such Services.

If you click on one of the social media links on the App, or otherwise interact with our social media accounts, such as on Facebook or Instagram, we may receive information relating to such interaction and to your own social media accounts.

When using the App, in order to ensure that Nightfeed can operate and provide its features to you, the provider of your phone may collect the following technical data. The data is automatically collected and transmitted to us from your mobile device during your use of Nightfeed, (“Usage Data”) and includes: (i) device name (e.g. “Apple iPhone 8” or “Samsung Galaxy S9”); (ii) operating system and version; (iii) the version of Nightfeed that you are using; (iv) system language; (v) general device data, such as voice and regional settings; (vi) IP address of the terminal; (vii) date and time of use; and (viii) application ID to identify your installation of Nightfeed.

To improve our service, Nightfeed may send error messages in the event of a crash (that is, after Nightfeed has unexpectedly quit because of a program error or has stopped responding to your input). The error messages contain only the above Usage Data, as well as information about which part of Nightfeed software code has caused the error.

o Registering and accessing your member’s account on the App

The Apps allows you to register a member’s account with us in order to gain access to the App features and exclusive member content from us. We will ask all prospective applicants to complete the registration form, providing your full name, location, email address and password. We will use your personal information in order to process your application for a member’s account. Once you are registered, we will process your username and password to identify you when you log into your account and the secure areas of the App. We will also process your login information so that we can administer your account with us and contact you about your account.

Your access to and use of the App, including any secure member’s area, is subject at all times to our Terms of Use - (https://thenightfeed.uk/terms).

o Your contributions to the App forum (the “Forum”)

If you write a guest blog post, opinion piece, post a response to a Q&A or make a general contribution in the Forum in any other way which other members have access to, we may use your personal information (such as your name and location) to credit you for your contribution. If you provide photographs or other images in support of your article or blog, we may publish one or more of those images alongside your article or blog.

o Your communications with other users of the App

If you use the messaging capability of the App to contact other users, we may use your personal information (such as your name and location) to identify you to others.

Our legal basis for processing

It is necessary for us to use your personal information to perform our obligations in accordance with any contract that we may have with you, or it is in our legitimate interest or a third party’s legitimate interest to use personal information in such a way to ensure that we provide the Services requested by you and others in an effective and efficient way.

If we specifically ask your permission to use your photographs, quotes, testimonials or other content, then our processing of such personal information will be based on consent.

We use the Usage Data and, if applicable, the error messages, to enable Nightfeed to function, to detect and correct any security risks or malfunctions and to ensure the stability of our systems. We rely on the legitimate interests to use the Usage Data in such a way in order to secure Nightfeed’s functionality, detect errors, resolve them, and to help us to detect and prevent cyberattacks.

Ø General enquiries.

We have a contact us page which invites you to submit general enquiries about the App, Nightfeed and our Services - https://thenightfeed.uk/contact.

When you make an enquiry, we will collect and process your name, contact information (including email address and/or telephone number), and any personal information you volunteer that is relevant to your enquiry. We use this information to manage and respond to your enquiries and requests. Your personal information will also, where applicable, be shared with the third party or other business to which your enquiry relates to enable the relevant third party to assist with your enquiry. Please see the “Sharing Personal Information” (see section 11) below for more information about how we share your personal information.

Our legal basis for processing

It is in our legitimate interest to use your personal information in the ways described above to ensure that we are able to help you with your enquiry and provide a good standard of service to you.

Ø Push notifications, location data and uploading photos.

When you open Nightfeed for the first time, you will be asked if Nightfeed is allowed to send push notifications. If you allow this feature, we will send you push notifications, for example, to inform you of a message notification. Such push notifications are controlled by the software components of your operating system (so-called “tokens”). You can configure and turn our push notifications off via your device settings at any time. You can also select the exact notifications you would like to receive in Nightfeed’s in-app settings.

If you permit location settings via Nightfeed, you will be asked if Nightfeed is allowed to access your location. If you allow this feature, we will determine your location to provide you with site-specific functions of Nightfeed, like allowing you to interact with other App users that are close to you. You can configure and turn location settings off via your device settings at any time.

If you want to use other features of Nightfeed, such as your camera or photo and video upload function, you will be asked if you want to use this function before using it for the first time. If you allow any such function, you can use the corresponding function to perform the desired action on Nightfeed, like taking a picture to upload onto the forum. You can enable or disable access to these functions at any time via your device settings.

Our legal basis for processing

We rely on consent where you have enabled features such as location, camera, or photo and video upload functions, as it will be your choice to allow us access to this information.

Ø Promotions.

From time to time, we may promotions on our App and/or on our social media accounts. For the purposes of administering such promotions, we may process your name, contact details (including email address, postal address and/or telephone number), social media handle (if relevant), payment details (if relevant) and any other personal information volunteered by you in your promotion entry. Our promotions may be subject to separate terms and conditions which you may be required to accept as a condition of entry.

Our legal basis for processing

It is necessary for us to use your personal information to perform our obligations in accordance with any contract that we may have with you (e.g. the terms and conditions applicable to the promotion to which you may be asked to agree as a condition of entry) or it is in our legitimate interest to use your personal information to enable you to participate in any promotions.

Ø Email marketing activities.

We use your name and email address to send you (or the organisation you represent) marketing communications by email. We use your mobile telephone number to send you marketing communications by SMS/MMS. Our email and SMS/MMS marketing communications will include press releases and information around parenting and motherhood, as well as general information about our organisation, our App and the events and promotions we offer from time to time. Members can also subscribe to receive special deal alerts by email.

Our legal basis for processing

We will only send you marketing communications by email where you have consented to receive such communications, or where we have another lawful right to send such communications to you.

Ø Recruitment.

We use your personal information for recruitment purposes, in particular, to assess your suitability for any position for which you may apply for with us, whether such application has been received by us online, by email or by hard copy and whether submitted directly by you or by a third party recruitment agency on your behalf. We also use your personal information to communicate with you about the recruitment process, to keep records about our recruitment process and to comply with our legal and regulatory obligations in relation to recruitment.

We will process any personal information about you that you volunteer when you apply for a job with us. We may also process your personal information obtained from any third parties we work with in relation to our recruitment activities, including without limitation, recruitment agencies, background check providers, credit reference agencies and your referees.

The personal information we process may include your name and contact information (including your email address, postal address and telephone number), personal information concerning your education, qualifications and employment history and any other personal information which appears in your curriculum vitae and covering letter, which you volunteer in an application form or during an interview or which is contained in any reference we receive about you. Such information may also include special categories of personal information (such as information about your health, any medical conditions and your health and sickness records) and information relating to criminal convictions and offences if that information is relevant to the role you are applying for.

We also use your personal information for the purposes of reviewing our equal opportunity profile in accordance with applicable legislation. We do not discriminate on the grounds of gender, race, ethnic origin, age, religion, sexual orientation, disability or any other basis covered by local legislation. All employment-related decisions are made entirely on merit.

Our legal basis for processing

Where we use your personal information in connection with recruitment, it will be in connection with us taking steps at your request to enter into a contract we may have with you or it is in our legitimate interest to use personal information in such a way to ensure that we can make the best recruitment decisions.

We will not process any special (or sensitive) categories of personal information or personal information relating to criminal convictions or offences except where we are able to do so under applicable legislation or with your explicit consent.

Ø Receipt of services from our suppliers.

If we have engaged you or the organisation you represent to provide us with products or services (for example, if you or the organisation you represent provide us with software development services), we will collect and process your personal information in order to manage our relationship with you or the organisation you represent, to receive products and services from you or the organisation you represent and, where relevant, to provide our Services to others.

The personal information we collect from you may include your name, job title, contact information (including email address, telephone number and postal address), bank account or other payment details and any other personal information you volunteer which is relevant to our relationship with you or the organisation you represent.

Our legal basis for processing

It is necessary for us to use your personal information to perform our obligations in accordance with any contract that we may have with you or the organisation you represent or it is in our legitimate interest to use personal information in such a way to ensure that we have an effective working relationship with you or the organisation you represent and are able to provide our Services to you and others in an effective way.

Ø Business administration and legal compliance.

We use your personal information for the following business administration and legal compliance purposes:

• to comply with our legal obligations;
• to enforce our legal rights;
• to protect the rights of third parties; and
• in connection with a business transition such as a merger, reorganisation, acquisition by another company, or sale of all or a portion of our assets.

Our legal basis for processing

Where we use your personal information in connection with a business transition, to enforce our legal rights or to protect the rights of third parties, it is in our legitimate interest to do so. For all other purposes described in this section, we have a legal obligation to use your personal information to comply with any legal obligations imposed upon us such as a court order.

We will not process any special (or sensitive) categories of personal information or personal information relating to criminal convictions or offences except where we are able to do so under applicable legislation or with your explicit consent.

 

Ø Any other purposes for which we wish to use your personal information that are not listed above, or any other changes we propose to make to the existing purposes, will be notified to you using the contact details we hold for you.

7 If you fail to provide your personal information

Where we are required by law to collect your personal information, or we need to collect your personal information under the terms of a contract we have with you, and you fail to provide that personal information when we request it, we may not be able to perform the contract we have or are trying to enter into with you. This may apply where you do not provide the personal information we need in order to provide the Services you have requested from us or to process an application for employment with us. In this case, we may have to cancel your application or the provision of the relevant Services to you, in which case we will notify you.

8 How we obtain your consent

Where our use of your personal information requires consent, you can provide such consent:

• at the time we collect your personal information following the instructions provided; or
• by informing us using the contact details set out in the “How to Contact Us” (see section 3) above.

9 Third party links and services

Ø Our App contains links to third party websites and services.

When you use a link within our App to access another website (even without leaving our App), this Privacy Notice will no longer apply to your browsing of the third party website. Instead, your browsing and interactions such linked websites will be subject to that website’s own rules and policies. For example, our website invites you to connect with us on social media platforms such as Facebook and Instagram. When you click on the links we provide to such platforms, you will be transferred from our website to the relevant platform and the privacy notice (and other terms and conditions) of that platform will apply to you.

We do not monitor, control or endorse the privacy practices of any third parties.

We encourage you to become familiar with the privacy practices of every website you visit or third party service provider that you deal with and to contact them if you have any questions about their respective privacy notices and practices.

This Privacy Notice applies solely to personal information collected by us through our Sites, the supply of our Services and/or in connection with our business operations and does not apply to these third party websites and third party service providers.

Ø When downloading the App you will interact with a third party App Store.

This Privacy Policy does not apply to your interaction with and the service provided by the third party.

In order to download and install Nightfeed from an App Store (such as Google Play or the Apple AppStore), you must first register with the provider of the respective App Store for a user account and enter into that App Store’s user agreement. We have no influence on the terms of such user agreement and are not a party to such user agreement. When downloading and installing the App, certain information is transmitted to the respective provider of the App Store (e.g. Google or Apple) including your username, your email address and the customer number of your account, the time of download and the individual device code and, in the case of in-app purchases, your payment information. We have no influence on, and are not responsible for downloading and installing the App on your mobile device (e.g., your iPhone or Android).

10 Sharing personal information

We will only share personal information with others when we are legally permitted to do so. When we share personal information with others, we put contractual arrangements and security mechanisms in place to protect the personal information shared and to comply with our data protection, confidentiality and security standards and obligations.

When processing your personal information, we may need to share it with third parties as follows:

Third-party organisations that provide applications/functionality, data processing or IT services: We share personal information with third parties who support us in providing our Services and help provide, run and manage our internal IT systems. Such third parties may include, for example, providers of information technology, cloud-based software as a service providers, identity management, data analysis, data back-up, security and storage services. The servers powering and facilitating that cloud infrastructure are located in secure data centres around the world, and personal information may be stored in any one of them. We also share your personal information with third-party service providers to assist us with insight analytics.

Payment providers and banks: We share personal information with third parties who assist us with the processing of payments and refunds.

Event partners and suppliers: When we run events, we will share your personal information with third-party services providers that are assisting us with the operation and administration of that event. If we are running an event in partnership with other organisations, we will share your personal information with such organisations for use in relation to the event.

Third-party email marketing and CRM specialists: We share personal information with specialist suppliers who assist us in managing our marketing database and sending out our email marketing communications and membership-related communications.

Suppliers of postal and courier services: We share personal information with suppliers who assist us in sending out our postal marketing communications and membership-related communications.

Third-party organisations that assist us with the administration of our promotions: We share personal information with specialist suppliers who assist us in administering our promotions.

Recruitment agencies and related organisations: We share personal information with external recruiters, third-party providers that undertake background checks on our behalf and other entities within our group of companies.

Auditors, lawyers, accountants and other professional advisers: We share personal information with professional services firms who advise and assist us in relation to the lawful and effective management of our organisation and in relation to any disputes we may become involved in.

Law enforcement or other government and regulatory agencies and bodies: We share personal information with law enforcement or other government and regulatory agencies or other third parties as required by, and in accordance with, applicable law or regulation.

Sharing with other third parties: Occasionally, we may receive requests from third parties with authority to obtain disclosure of personal information, such as to check that we are complying with applicable law and regulation, to investigate an alleged crime, or to establish, exercise or defend legal rights. We will only fulfil requests for personal information where we are permitted to do so in accordance with applicable law or regulation.

This list is non-exhaustive and there may be circumstances where we need to share personal information with other third parties in order to operate the App and to provide our Services.

11 Transfers outside the European Economic Area (“EEA”)

We are located in the United Kingdom. Where necessary in order to operate the App and to otherwise deliver our Services, we will transfer personal information to countries outside the EEA.

Non-EEA countries do not have the same data protection laws as the EEA. In particular, non-EEA countries may not provide the same degree of protection for your personal information, may not give you the same rights in relation to your personal information and may not have a data protection supervisory authority to help you if you have any concerns about the processing of your personal information. However, when transferring your personal information outside the EEA, we will comply with our legal and regulatory obligations in relation to your personal information, including having a lawful basis for transferring personal information and putting appropriate safeguards in place to ensure an adequate level of protection for the personal information.

We will take reasonable steps to ensure the security of your personal information in accordance with applicable data protection laws.

When transferring your personal information outside the EEA, we will ensure that, where required by applicable law, at least one of the following safeguards is implemented:

Adequacy decisions: 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 https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.

Model clauses: 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 https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.

EU-U.S. Privacy Shield: Where we have partners or suppliers 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 https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en.

Please contact us if you would like further information on the specific mechanisms used by us when transferring your personal data outside the EEA.

12 How long we keep your personal information

Regarding personal information we have processed in connection with the supply of our Services, we will retain personal information relevant to that supply of Services for six years from the date of supply and in compliance with our obligations under the EU General Data Protection Regulation (or similar legislation around the world). We may then destroy such files without further notice or liability.

Regarding any other personal information we have processed, we will retain relevant personal information for three years from the date of our last interaction with the relevant individual and in compliance with our obligations under the EU General Data Protection Regulation (or similar legislation around the world). We may then destroy such files without further notice or liability.

If any personal information is only useful for a short period (e.g. for a specific event or marketing campaign or in relation to recruitment), we may delete it at the end of that period.

If you have opted out of receiving marketing communications from us, we will need to retain certain personal information on a suppression list indefinitely so that we know not to send you further marketing communications in the future.

13 Confidentiality and security of your personal information

We are committed to keeping the personal information you provide to us secure and we will take reasonable precautions to protect your personal information from loss, misuse or alteration.

We have implemented information security policies, rules and technical measures to protect the personal information that we have under our control from:

• unauthorised access;
• improper use or disclosure;
• unauthorised modification; and
• unlawful destruction or accidental loss.

All our employees and data processors (i.e. those who process your personal information on our behalf, for the purposes listed above) who have access to and are associated with the processing of personal information are obliged to respect the confidentiality of the personal information of all users of our App and our Services.

14 Personal information of children

We do not specifically target our App at children. However, due to the nature of the App, we will from time to time collect and process personal information relating to individuals under the age of 18 (for example, where you have uploaded a picture of your baby. Where we do so, we will comply with all applicable laws and regulations relating to the processing of personal information of minors. However, if you are under the age of 18, you must ask a parent or guardian for permission before using our App and our products and services. If you are a parent, please ensure that you supervise your child’s use of our the App and our products and services.

15 How to access your information and your other rights

You have the following rights in relation to the personal information we hold about you:

Ø Your right of access.

If you ask us, we will confirm whether we are processing your personal information and, if so, provide you with a copy of that personal information (along with certain other details). If you require additional copies, we may charge a reasonable fee for producing those additional copies.

 

Ø Your right to rectification.

If the personal information we hold about you is inaccurate or incomplete, you are entitled to have it rectified. If we have shared your personal information with others, we’ll let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we will also tell you who we’ve shared your personal information with so that you can contact them directly.

 

Ø Your right to erasure.

You can ask us to delete or remove your personal information in some circumstances, such as where we no longer need it or where you withdraw your consent (where applicable). If we have shared your personal information with others, we will let them know about the erasure where possible. If you ask us, where it is possible and lawful for us to do so, we will also tell you who we have shared your personal information with so that you can contact them directly.

Ø Your right to restrict processing.

You can ask us to block or suppress the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information or you object to us processing it. It won’t stop us from storing your personal information, though. We will tell you before we lift any restriction. If we have shared your personal information with others, we will let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we will also tell you who we have shared your personal information with so that you can contact them directly.

Ø Your right to data portability.

You have the right, in certain circumstances, to obtain personal information you have provided to us (in a structured, commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer it to a third party of your choice.

 

Ø Your right to object.

You can ask us to stop processing your personal information, and we will do so, if we are:

• relying on our own or someone else’s legitimate interest to process your personal information, except if we can demonstrate compelling legal grounds for the processing; or
• processing your personal information for the purposes direct marketing.

 

Ø Your rights in relation to automated decision-making and profiling.

You have the right not to be subject to a decision when it is based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for the entering into, or the performance of, a contract between you and us.

Ø Your right to withdraw consent.

If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time. You can exercise your right of withdrawal by contacting us using our contact details in the “How to Contact Us” (see section 3) above or by using any other opt-out mechanism we may provide, such as an unsubscribe link in an email.

 

Ø Your right to lodge a complaint with the supervisory authority.

If you have a concern about any aspect of our privacy practices, including the way we have handled your personal information, please contact us using the contact details provided in the “How to Contact Us” (see section 3) above. You can also report any issues or concerns to a national supervisory authority in the Member State of your residence or the place of the alleged infringement. You can find a list of contact details for all EU supervisory authorities at: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. As we are incorporated in the UK, our regulatory authority is https://ico.org.uk.

16 Changes to this Privacy Notice

We may make changes to this Privacy Notice from time to time.

To ensure that you are always aware of how we use your personal information we will update this Privacy Notice from time to time to reflect any changes to our use of your personal information. We may also make changes as required to comply with changes in applicable law or regulatory requirements. We will notify you by email of any significant changes. However, we encourage you to review this Privacy Notice periodically to be informed of how we use your personal information.