Privacy Notice

Introduction

Welcome to the My Holiday Diary Ltd’s privacy notice.  My Holiday Diary Ltd is a company registered in England and Wales under company number 10477234 and with our registered office at 7 & 8 Church Street, Wimborne, Dorset, England, BH21 1JH.

My Holiday Diary Ltd (trading as DiaryZapp) respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website and/or use our applications (regardless of where you visit or access them from) and tell you about your privacy rights and how the law protects you.  This policy is implementing the requirements of the General Data Protection Regulation (the law which protects and controls the use of personal data).

This privacy notice 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 notice.

  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 TRANSFERS
  7. DATA SECURITY
  • DATA RETENTION
  1. YOUR LEGAL RIGHTS
  2. GLOSSARY

 

  1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how DiaryZapp  collects and processes your personal data including through your use of our website and mobile applications (including ‘DiaryZapp’, including any data you may provide through our websites or mobile applications including when you sign up to our newsletter, sign up to use any service made available via our mobile applications or request or submit any other information from us. Our websites and applications, at the date of inception of this policy are:

Websites

http://www.diaryzapp.com/

Apps

DiaryZapp

Our website and applications are intended for use by children under the age of 13.  HOWEVER we do not permit children to open and register accounts with our services.  An individual with parental responsibility must register and set up a child in their own account.  We reserve the right to make enquiries to satisfy ourselves that you hold appropriate parental responsibly to be able to give clear informed consent for your child and we do not knowingly collect data relating to children without appropriate consent.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice 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 notice supplements the other notices and is not intended to override them.

Controller

DiaryZapp is operated by My Holiday Diary Ltd. When we mention DiaryZapp, “we”, “us” or “our” in this privacy notice, we are referring to My Holiday Diary Ltd who is controller of your data.   By accepting our terms and privacy policy, you are giving consent to the sharing and management of data as set out in this policy.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice.

If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Contact details

Our full details are: DiaryZapp

Full name of legal entity: My Holiday Diary Ltd

Name or title of DPO: Charlie Dance

Email address: sayhello@diaryzapp.com

Postal address: 7 & 8 Church Street, Wimborne, Dorset, England, BH21 1JH.

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). 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 notice and your duty to inform us of changes

This version was last updated on 25th September 2019 and historic versions are archived here can be obtained by contacting us.

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

Our 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 notice of every website or service you visit.

Our application does not contain any third-party links to applications outside of DiaryZapp.

  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 and store different kinds of personal data about you which we have grouped together as follows:

Non-Special Category of Personal Data

  • Parent or Guardian includes first name, username or similar identifier.
  • Child Identity Data may include the first name of your child or nick name.
  • Contact Data includes parent or buddy email address.
  • Web Site Technical Data Parent, guardian or buddy login data, browser type and version, temporary or persistence unique device identifiers, mobile operating system type, 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 and/or application.
  • App Technical Data Parent, guardian or buddy login data
  • Profile Data includes your username and password, services requested by you via our app, including support requests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website including number of visits, length of consultations, interaction with the application and website pages (i.e. clicking page links). We do not collect any usage data from our DiaryZapp application using third party tools.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

As our app is aimed at children under 13, it is expected that you will include your child’s first name or nick name (Child Identity Data) within the app, to allow, your child to name their diary, save work, engage and enjoy the functionality available.  This data is stored locally on your device and is only visible to us if you decide to create a Chief Adult account. We do not collect age or location data.

In accordance with Article 8 of the GDPR we require you, as a holder of Parental Consent, to consent to us holding and processing your Child Identity Data solely for the purposes described below.  It is not used for any other purpose other than their use of our app.

We do not collect, use or share Aggregated Data such as statistical or demographic data for any purpose from our app.

We may collect, use and share Aggregated Data such as statistical or demographic data for any purpose from our web site. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does 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 from our web site 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 notice.

Special Categories of Personal Data

We do not collect Special Categories of Personal Data.  These are things such as sexual orientation, biometric data, medical history.

  1. How is your personal data collected?

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

  • Direct interactions via our app. You may give us your following information to utilise some of the functionality in our app:
    1. Child first name or nick name when naming their diary
    2. Parent / Guardian email address when creating or validating a chief adult account. Please note this data is controlled by the parent or guardian through a password protected parent only area.
    3. Buddy email address when creating or validating a buddy account, when authorised by parent or guardian
    4. Automated technologies or interactions. As you interact with our app, we do not automatically collect Technical Data about your equipment, browsing actions and patterns.
    5. Third parties. When using our app we do not receive personal data about you from various third parties as set out below:
      • Technical Data from the following parties from analytics providers such as Google based outside the EU and from our third party providers for emails and communications.
      • Identity and Contact Data from social networks, the electoral roll and similar sources.
  • Direct interactions via our website. You may give us your name and email in the contact form on our website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    1. order products through our app or website;
    2. enter a competition, promotion or survey; or
    3. give us some feedback.
    4. Automated technologies or interactions. As you interact with our website, we may 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 the information regarding cookies in this policy.
    5. Third parties. We may receive personal data about you from various third parties as set out below:
    6. Technical Data from the following parties from analytics providers such as Google based outside the EU and from our third party providers for emails and communications.
    7. Identity and Contact Data from social networks, the electoral roll and similar sources.
  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.

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.

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.

Purpose/ActivityType of dataLawful basis
To register you as a new user including sending emails relating to your account set up, status and account credentials.

External Third Parties will be used for the hosting of such data.

To register your child’s first name or user name on the app or website.

 

(a) Identity

 

Performance of a contract with you (i.e. a user subscribing to our service via our website or application).

We only ever process your child’s first name or user name with the consent of an individual with Parental Responsibility

To display your child’s name via our application (to show activities, tracking of progress etc).(a)       Child Identity Data

 

We host and make this available via your user account only with consent of an individual with Parental Responsibility.
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

(c) Contacting you by email regarding your account (welcoming you to our service), reminding you of appointments and dates, re-engaging with you,  maintenance of your account and updating of details.

We may use External Third Parties for the processing of data to assist in sending emails and other correspondence.

 

(a) Identity

(b) Email

(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)

To enable you complete a survey or provide feedback.

We may use External Third Parties for the processing of data to assist in sending emails and other correspondence.

 

(a) Identity

(b) Email 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)

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

We may use External Third Parties for the hosting of data, applications, website and technical support of the same.

 

(a) Identity

(b) Email 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

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

We may use External Third Parties for the processing of data to assist in sending emails and other correspondence.

 

(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/applications, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences and to ensure our website  displays and operates properly on your devices.

We do not use third party analytics in our application

 

(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)
To make suggestions and recommendations to you about services that may be of interest to you(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

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

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 received services from us or if you provided us with your details when signed up or registered in the application or website and, in each case, 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 company.  We do not, as at the date of this notice, deliver any third-party adverts or marketing.

  • Opting out

You can ask us or third parties to stop sending you marketing messages at any time by amending your preferences in your user account (via the website or application) and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of using the services, requesting services, ordering prescriptions, or providing feedback or surveys.

Cookies

We use a technology called ‘Cookies’ across our websites in order to deliver the best possible user experience. Cookies are files that are stored on your device each time you visit a website and enables understanding of your preferences and habits.

Cookies do not contain person-identifiable information such as Identity, Contact Data or Financial Data.

Our websites are set to ‘allow cookies’ and if you browse the sites and use our applications you consent to this. If you would prefer to deactivate cookies, you can do so by updating your browser settings. Please note that disabling cookies will limit the service that we can provide. For more information on how to update your settings, visit https://ico.org.uk/for-the-public/online/cookies/

We use three types of cookie:

  • Session cookies: These enable the tracking of your movement across the websites and save information to make life easier. For instance, a session cookie might save an item to your shopping basket, without which you would be forced to order each item separately.
  • Persistent cookies: These enable your preferences and settings to be saved each time you visit our websites. This makes using the site faster and reduces the need to re-enter data.
  • Third party cookies: These enable tracking of user activity outside the websites and optimise campaigns and analytics better.

Change of purpose and other lawful disclosures

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, where this is required or permitted by law. For example, we may be required to disclose your data in the interests of public health, national security, or serious threats to health and/or safety (including child abuse or neglect).

  1. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • Internal Third Parties as set out in the Glossary.
  • External Third Parties as set out in the Glossary.
  • 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 notice.

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.

We do not allow the integration and/or transfer of information to any other mobile applications in your device.

  1. International transfers

Some of our External Third Parties are based in the US 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.  As our providers are 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 the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us using the DPO contact detail in section 1 if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

  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.  We use SSL encryption to transfer information between your device, our servers and us. All data is encrypted ‘at rest’.  This means the data stored on our systems has been encrypted.  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.

  • Data retention

How long will you use my personal data for?

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.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.

Where we have anonymised your personal data (with consent where appropriate) or collected aggregated data for research or statistical purposes, we may continue to use that data indefinitely without further notice to you.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

  1. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see 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.

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 may 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 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.

  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.

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.  This is the terms you agree to upon opening an account to use our website or app.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

For compliance with a legal obligation means the processing of data is required by us to comply with our legal obligations.

 

THIRD PARTIES

External Third Parties

  • Service providers acting as processors who provide IT and system administration services.
  • Marketing service providers (including email list providers) who act as processors for our engagement correspondence and marketing with users.
  • Postal and delivery service providers acting as processors.
  • HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.

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: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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 (d) 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.