Introduction

Welcome to the Be Active Toys Privacy Policy.

We respect your privacy and are 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 (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

1. Important information and who we are
2. The data we collect about you
3. How is your personal data collected?
4. How we use your personal data
5. Disclosures of your personal data
6. International transfer
7. Data security
8. Data retention
9. Your legal rights
10. Glossary

  1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Be Active Toys collects and processes your personal data through your use of this website, including any data you may provide through this website when you purchase a product or sign up to our newsletter.

This website is not intended for children and we do not knowingly collect data relating to children. If you are the parent or guardian and believe your child has provided us with personal information, please contact us at privacy@beactivetoys.co.uk to request deletion.

Controller

Clovers Retail Ltd, trading as Be Active Toys, is the controller and responsible for your personal data (collectively referred to as "we", "us" or "our" in this privacy policy).

Contact details

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

Full name of legal entity: Clovers Retail Ltd
Email address:  privacy@beactivetoys.co.uk
Correspondence address: 22a Lower Road, Chorleywood, Herts, WD3 5LH

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

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

We keep our privacy policy under regular review.

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.

  1. 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 which we have grouped together as follows:

  • Identity Data includes first name, last name, username or similar identifier and title.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, cookie information, 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 and feedback.
  • 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; 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

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 end the contract for a product 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 and Financial Data by filling in forms online or by corresponding with us by email, phone or post. This includes personal data you provide when you:
  • purchase our products;
    • return our products;
    • create an account on our website;
    • subscribe to our newsletter;
    • request marketing to be sent to you;
    • interact with us on social media;
    • give us feedback or contact us.
  • Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookie Policy for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
  • Technical Data from analytics providers such as Google based outside the EU, from advertising networks or from search information providers.
    • Technical Data from analytics providers such as Google based outside the EU, from advertising networks or from search information providers.
    • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
    • Identity, Contact and Customer Journey data from our Customer Service support service providers.
  1. 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 or regulatory obligation.

See the table below 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 at privacy@beactivetoys.co.uk or unsubscribing from our email list by following the link at the bottom of all marketing emails you receive.

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. Please refer to the Glossary for more information.

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 at privacy@beactivetoys.co.uk 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.

 

Purpose/Activity

 

Type of data

 

Lawful basis for processing including basis of legitimate interest

1.      

To register you as a new customer

(a) Identity

(b) Contact

Performance of a contract with you

2.      

 

 

 

 

 

 

 

 

 

 

 

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(c)  Delivery

(d)  You can choose to create an account on checkout which will save your contact and financial details securely to speed up subsequent transactions, so that when you place another order, your billing address and payment details will be automatically populated.

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

 

 

 

 

 

 

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

 

 

 

 

 

 

 

 

3.      

 

 

 

 

 

 

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

 

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

 

 

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

4.      

 

 

 

 

To enable you to partake in a prize draw, competition or complete a survey

 

 

 

 

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

5.      

 

 

 

 

 

 

 

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) 

 

 

 

(a) Identity

(b) Contact

(c) Technical

 

 

 

 

 

(a) 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)

(b) Necessary to comply with a legal obligation

6.   

 

 

 

 

   

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

 

 

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

 

7.    

 

 

 

 

 

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

 

 

(a) Technical

(b) Usage

 

 

 

 

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

8.    

 

 

 

 

 

To make suggestions and recommendations to you about goods or services that may be of interest to you

 

 

 

 

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

 

 

 

9.    

 

 

To provide you with our newsletter in circumstances where you have subscribed to our newsletter mailing list

(a) Identity

(b) Contact

 

Necessary for our legitimate interests (to develop our products/services and grow our business)

10. 

 

 

 

 

 

 

 

 

To provide customer support via our web forms (contact us), email support and telephone helpdesk

 

 

 

 

 

 

 

(a) Identity

(b) Contact

(c) Transaction

(d) Technical

(e) Usage

(f) Profile

(g) Marketing and Communications

 

 

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to ensure that customer queries, issues and complaints can be dealt with timely and effectively, to identify potential issues within our systems or website and seek to resolve them for the benefit of other customers)

11. 

 

 

 

To identify and prevent fraudulent transactions

 

 

(a) Identity

(b) Contact

(c) Transaction

(d) Technical

(a) Necessary to protect our legitimate business interests

(b) Help us protect our customers from fraud

 

Marketing

We may use the information we have about you in our marketing. Any use of your information for marketing will be both in our legitimate interests and yours. You have a right to object at any time to this use of your information by contacting us at privacy@beactivetoys.co.uk.

Where you have given us your consent or if you have previously purchased from us, we may use your information to contact you about products that you have purchased, to tell you about goods and services which we consider may interest you, our offers available from time to time, or to send you a copy of our newsletter. Our marketing communications may be provided to you by email or post.

We may also use web beacons in marketing emails sent to customers who have opted in to receive them. If you receive the HTML formatted version of our emails and your email is configured to download images, a record of whether you open or click on the email is saved. This information may be used to allow us to understand the effectiveness of our emails or to publish more relevant content.

Opting out of marketing communications

You can opt out of receiving these marketing communications both at the time that you provide your contact information to us or at any time afterwards by contacting us at privacy@beactivetoys.co.uk.

If you tell us that you do not want to receive any further marketing information from us, we will not contact you further for the purpose of marketing. However, we will not necessarily remove your information from our database(s) if it is necessary to retain the information for other non-marketing purposes such as where we need your information for compliance with our legal obligations. Please note that after you opt out of receiving marketing communications from us, it may take a few days to update our records during which time you may continue to receive marketing communications.

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 at privacy@beactivetoys.co.uk.


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.

  1. Disclosures of your personal data

We may share your personal data with External Third Parties (as defined in the Glossary) for the purposes set out in the table at clause 4 above.

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 and only permit them to process your personal data for specified purposes and in accordance with our instructions.

  1. International transfers

Some of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Please contact us at privacy@beactivetoys.co.uk if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

  1. 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.

  1. 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.

Details of retention periods for different aspects of your personal data are available upon request at privacy@beactivetoys.co.uk.

  1. 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.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

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

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.

  1. 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@beactivetoys.co.uk.

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.

EXTERNAL THIRD PARTIES

Your personal data may be accessible by external third parties that we appoint to process personal data on our behalf and on our instructions (as Processors). These Processors include:

  • third party service providers who provide IT, system administration and organisational services functional to the managing of our website and the activities performed therein, including the sales of goods, the managing of functionalities offered by the website and any services you may subscribe to;
  • third party service providers to which we revert for closing purchase transactions and payment processing through our e-commerce platform;
  • third party service providers who manage and support our website, the relevant e-commerce platform and all the pre- and post-sale activities, such as, product management, order processing, performance marketing, promotion and customer relationship management;
  • third party service providers who manage our customer service helpdesk;
  • third party service providers who provide fulfilment services;
  • third party service providers who analyse the movements of our customers through our website to identify where problems were encountered, in order to resolve customer issues quickly and efficiently.

A list of these Processors, with an indication of where they are located, can be provided upon request – please contact us at privacy@beactivetoys.co.uk. These Processors are bound by appropriate contractual obligations to implement adequate security measures to protect security and confidentiality of personal data.

We may also share your personal data with public authorities (such as HM Revenue & Customs), banks and financial institutions, professionals (such as lawyers, accountants, auditors, insurers) independent consultants, business partners or other legitimate recipients as permitted by applicable laws and regulations.

Your personal data may also be communicated to third parties to whom we may choose to sell, transfer or merge parts of our business, assets, products, websites or operations.

Except for the foregoing, personal data will not be shared with third parties, natural persons or legal entities, that are unrelated to, or that do not perform a business, professional or technical function for us.

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.
  • 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.