Parents or guardians should read this Privacy Policy and explain to any children using this website and/or mobile app the implications of this Privacy Policy.
About us
This website and/or mobile app is operated by Koko Digital Limited, a company registered in England and Wales, with company number 6215463, and whose registered office is at 58A High St, Newcastle UL, Staffordshire, ST5 1QL, UK (Koko, we, us).
We are committed to protecting your privacy. This privacy policy (Privacy Policy) tells you how we collect, store, process and use your/your children’s personal information when you use this website and/or mobile app (the Services). It also provides you with details about your rights in relation to your/your children’s personal information.
Our legal status is that of a “data controller” and in this capacity we will securely store and process your/your children’s personal information which you/your children have provided to us or which we otherwise collect. Data controller is a legal term used in EU legislation to signify the person who controls what to do with any given personal information.
Children
The Services are designed partly for children. Therefore we are aware that we must be extra cautious when processing personal information. Most of our Services contain a children’s section (the “Children’s Area”) and a separate parents’ (or guardians’) section (the “Grown-Up Area”). In the Children’s Area, children mainly participate only by playing games, reading e-books and/or watching videos. We generally do not offer any place in the Children’s Area where a child can sign up or enter personal information themselves. Typically, the only part of the Services where anyone can enter personal information directly is the Grown-Up Area. Accordingly, in most cases, we do not anticipate that we will be collecting personal information directly from any children. We anticipate and assume that we will be collecting personal information only from parents or guardians.
If you are under the age of 13, you may only use the Services and provide personal information if you have the consent of, and are supervised by, a parent or guardian.
If we believe a child using the Services is under 13 we will not process any personal information of that child without the consent of the parent or guardian. If the user is 13 or over we will only collect and process personal information as the long as we believe the user understands what is involved.
What personal information do we collect?
We may collect the following personal information:
• name;
• email address;
• address;
• postcode;
• country and other geolocation information;
• date of birth;
• password and other authentication information;
• responses to any customer satisfaction surveys or market research (unless these are provided anonymously);
• marketing preferences;
• children’s name(s);
• children’s date(s) of birth;
• gender;
• any information you (or your child) submits as part of a competition; and
• information about your device (such as your IP address or other device identifier) and your (or your child’s) usage or the Services through cookies (and similar technologies) as further described below.
If you contact us with a complaint or query, we may keep a record of any phone number used to call our customer service team as well as the correspondence.
How and when we collect your/your children’s personal information
We may collect personal information from you when you/your children:
• participate in, access or sign up to any of the Services’ activities, online content, newsletters, or competitions;
• create an online account or fill in any other forms on the Services;
• contact our customer service teams or request information from us in any other way;
• respond to communications from us;
• participate in our customer satisfaction surveys or other market research; or
• communicate with us via social networking websites, third party apps or similar technologies.
When you browse or otherwise use the Services, we will also collect certain information about your device and your use of the Services using cookies and similar technologies as further described below.
We will indicate where any personal information we have requested is mandatory or optional. Please note that if you decide not to provide certain information which we have indicated is mandatory, in some circumstances this may mean we are unable to provide you with a certain service or product.
How we may use your/your children’s personal information
We (or third party data processors acting on our behalf) may collect, store and use your/your children’s personal information for the following purposes:
• to provide our Services, activities or online content and to provide information about our Services, activities and online content which may be tailored to your/your children’s individual tastes;
• to contact prize winners of competitions;
• to identify you/your child as the winner of a particular competition;
• to send out newsletters you/your children have subscribed to;
• to provide you/your children with services that you request;
• for system administration purposes and for internal operations (including troubleshooting, data analysis, and testing) to ensure the Services operate properly;
• to distinguish you from other users (for example to remember your log-in details);
• to analyse your use of the Services to improve the user experience and to ensure that content is presented in the most effective manner for you and for your device;
• to notify you of any changes to the Services;
• to provide customer support and ensure we provide a good level of customer service;
• where you have given us your consent or we are otherwise permitted by law, to contact you/your children (including by e-mail) with products and services which we think may interest you/your children – you can unsubscribe from our marketing communications at any time;
• where you have given your consent, to pass your personal information to selected third parties for marketing purposes; and
• for geo-based redirection (so that if you see the correct version of the Services depending on the country from which you are accessing the Services);
• for security and fraud prevention;
• to ensure that our Services are safe and secure; and
• to comply with applicable laws and regulations.
We may also collect information about visitors to and users of the Services for the purposes of aggregate statistics or reporting purposes.
Legal basis for processing your personal information
We will only process your/your child’s personal information where we have a legal basis to do so. The legal basis will depend on the purposes for which we have collected and use the personal information. In almost every case the legal basis will be one of the following:
• Consent: For example, where you have provided your consent to receive certain marketing from us. You can withdraw your consent at any time, including by clicking on the “unsubscribe” link at the bottom of any marketing email we send you.
• Our legitimate business interests: Where it is necessary for us to understand our customers, promote our services and operate effectively as a provider of children’s content and related services, provided in each case that this is done in a legitimate way which does not unduly affect your or your child’s privacy and other rights.
• Compliance with law: Where we are subject to a legal obligation and need to use your personal information in order to comply with that obligation.
Where we store your personal information
The personal information that we collect may be transferred to, and stored at, a destination outside the European Economic Area (the “EEA”), including countries, which have less strict, or no data protection laws, when compared to those in Europe.
Whenever we transfer your/your child’s personal information as described in the paragraph above, we will take steps which are reasonably necessary to ensure that adequate safeguards are in place to protect such personal information and to make sure it is treated securely and in accordance with this privacy policy. In these cases, we rely on approved data transfer mechanisms (such as the EU “Standard Contractual Clauses” and the EU-US “Privacy Shield”) to ensure your information is subject to adequate safeguards in the recipient country.
How we keep your personal information
We take steps to ensure that the personal information we collect is retained for only as long as it is necessary for the purpose for which it was collected. After this period it will be deleted or in some cases anonymised.
Where we have collected personal information based on your consent and we have no other lawful basis to continue with that processing, if you subsequently withdraw your consent then we will delete your personal information. However, please note that where you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in future.
Do we share personal information with any third parties?
We may share your personal information within our group of companies (i.e. our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006).
We may share your (or your child’s) personal information with our marketing vendor/data processor, who hosts the Services and stores all associated data on our behalf, and sends out certain e-mails on our behalf.
If a third party acquires all (or substantially all) of our business and/or assets, we may disclose your/your children’s personal information to that third party in connection with the acquisition. We may also disclose your/your children’s personal information where we are required to do so by applicable law, by a governmental body or by a law enforcement agency. We may also disclose personal information to protect the rights, property or safety of us or our users, or others, and in order to enforce or apply our terms and conditions (this includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction) or where we are required to do so by applicable law, by a governmental body or by a law enforcement agency.
Other than as described in this Privacy Policy, we will not disclose, sell or rent your/your children’s personal information to any third party unless you have consented to this. If you do consent but later change your mind, you may contact us and we will cease any such activity.
Cookies and similar technologies
Our Site uses cookies and similar technologies. A cookie is a small file of letters and numbers sent to your browser when you visit our site. We use cookies solely for tracking analysis to track how users interact with our site and not for the purposes of targeted advertising. The cookies we use are “analytical” cookies and allow us to recognise and count the number of visitors and see how visitors move around the site when they are using it. This helps us improve the way the site works, for example, by making sure users find what they need easily.
We may also use technologies such as tag, pixels or web beacons. These are objects embedded in a web page or email and are usually invisible to the user but allows checking that a user has viewed the page or email. The site may also use “local shared objects”, also known as “flash cookies”. These are pieces of data that websites which use certain video players may store on your computer, such as game preferences or game progress.
See our Cookies Policy for more information including how to disable cookies.
Third party sites
The Services contain links to other websites and services operated by third parties. Please note that this Privacy Policy applies only to the personal information that we collect through the Services (or via competitions on our applications on third party websites including social networks where there is a link to this policy), or receive from third parties and we cannot be responsible for personal information that third parties may collect, store and use through their own websites and services. You should always read carefully the privacy policy of each such third party website and service you visit or use.
In addition, when you provide to us information on a third party site or platform, (for example via our competitions on our applications on social networking sites), the information may also be collected by the third party website and may be subject to their privacy policy.
Security
We take appropriate technical and organisational measures to safeguard the personal information that we hold about you and regularly review our security measures to consider new technologies and methods, to safeguard your data. Please note that no transmission over the Internet can ever be guaranteed secure and we consequently cannot guarantee the security of any personal information that we receive over the Internet.
You must keep your password and any other authentication information for the Services confidential. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below.
Your rights
You have certain rights in relation to your personal information. These include: the right to object to the processing of your information for certain purposes, the right to access your personal information, and the ability to erase, restrict or receive a machine-readable copy of your personal information.
We will handle any request to exercise your rights in accordance with applicable law and any relevant legal exemptions. If you wish to exercise any of these rights please conduct us using the contact details below.
You may also have the right to complain to a data protection authority (such as the UK Information Commissioner’s Office) if you think we have processed your personal information in a manner which is unlawful or breaches your rights. If you have such concerns we request that you initially contact us (using the contact details below) so that we can investigate, and hopefully resolve, your concerns.
Changes to this Privacy Policy
We may from time to time revise this Privacy Policy so please check back regularly to keep informed of updates. We will provide notice to you if these changes are material and will seek your consent if the change could have a detrimental effect on you.
If you have any questions regarding this Privacy Policy or would like to exercise any of the above rights, please contact us by e-mail: [email protected]
Please note, the email address above is for privacy related queries only. For other queries please use the following email addresses:
For any technical issues: [email protected]
For any general queries: [email protected]
Alternatively, you can contact us in writing or by phone via the details below:
Koko Digital Ltd
58A High St
Newcastle UL,
Staffs,
UK
This Privacy Policy was last updated on 15/04/2019.
We may update and change our Services from time to time to reflect changes to our products, our users’ needs and our business priorities.
We do not guarantee that our Services, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Our Services are directed to people residing in the United Kingdom. We do not represent that content available on or through our Services are appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
We are the owner or the licensee of all intellectual property rights in our Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off and may download extracts of any page(s) from our Services for your personal use and you may draw the attention of others (e.g. your friends and family) to content posted on our Services.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way for any commercial purpose, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text for any commercial purpose.
Our status (and that of any identified contributors) as the authors of content on our Services must always be acknowledged.
You must not use any part of the content on our Services for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Services in breach of these terms of use, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The content on our Services are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services are accurate, complete or up to date.
Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
From time to time we may run competitions via our Services. If you wish to take part in any such competition you must at the time of entry confirm that you agree to be bound by the relevant competition terms and conditions and any other specific rules which may apply from time-to-time to any such competition.
Our Services are aimed at users of various ages. There are however no age barriers to those accessing the Services. Users under 13 should only use the Services with the permission of a parent or guardian. The parents or guardians of anyone under 13 using the Services should review these Terms of Use carefully. Contributions submitted and/or read by minors are subject to the consent of their parent or guardian. We advise parents or guardians who permit minors to use the Services that it is important to communicate with the minors about their safety online. If you permit a child to use a device to access, view or listen to content on the Services you are solely responsible for deciding whether or not that content is appropriate for that child.
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Please see our Privacy Policy for details regarding how we will use your personal information.
We do not guarantee that our Services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
Rules about linking to our Services
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Services in any website that is not owned by you.
Our Services must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Services other than that set out above, please contact [email protected]
If you access our services via our mobile app on the Apple platform, the follow terms specifically apply to you:
You acknowledge that these terms and conditions are concluded between you and us only, and not with Apple, and we, not Apple, are solely responsible for our Services and the content thereof. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. To the maximum extent permitted by applicable law, Apple will have no warranty obligations whatsoever with respect to the Services.
Your licence to use the Services is limited to a non-transferable licence to use the Services on any Apple-branded products that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service, except that the Services may also be accessed and used by other accounts associated with the you via Family Sharing.
You acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
You acknowledge that, in the event of any third party claim that the Services or your possession and use of Services infringe that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms and conditions, and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary thereof.
Which country’s laws apply to any disputes?
Please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.