Privacy Policy

May 2018

1. Introduction

  1. Welcome to Toffee’s privacy policy. Toffee respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website or the Toffee app (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. You will be uploading and sharing your personal data as part being a member of and using the Toffee service. Please take care to only share data that you are happy to be publicly viewable – Toffee has no control over any data once it has been made public by you. We want to ensure you get the most out of the service, whilst safeguarding your privacy. This privacy policy is provided in a layered format so you can click through to the specific areas set out below.

2. Important information and who we are

  1. Purpose of this privacy policy This privacy policy aims to give you information on how Toffee collects and processes your personal data through your use of our website or our app, including any data you may provide through this website or app when you sign up to the service, sign up to our newsletter, or take part in a competition. Neither our website nor our app is intended for children and we do not knowingly collect data relating to children. It is important that you read this privacy policy together with any other privacy policy 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 policy supplements the other notices and is not intended to override them. Controller Toffee Dating Limited, trading as Toffee is the controller and responsible for your personal data (collectively referred to as “Toffee” "we", "us" or "our" in this privacy policy). If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below. Contact details Our full details are: Full name of legal entity: Toffee Dating Limited, (company number 10948446) Email address: contact@toffee.dating Postal address: 291 Kilburn High Road, First Floor, Unit 5 Drakes Court, London NW6 7JR. 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 policy and your duty to inform us of changes. This version was last updated May 2018 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 and app 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 or app, we encourage you to read the privacy policy of every website you visit.

3. The data we collect about you

  1. 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, receive, use, store and transfer different kinds of personal data about you which we have grouped together follows: • Identity Data includes first name, username or similar identifier, title, age and gender, photographs that you choose to upload. • Contact Data includes email address. • 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, operating system and platform and other technology on the devices you use to access this website or our app. • Profile Data includes your username and password, your interests, lifestyle, personality, preferences, feedback and survey responses and any photographs you choose to upload, and any other information or data you upload to your profile including your chats with other users. • Usage Data includes information about how you use our website and app, products and services. • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. The nature of the Toffee service means that we will collect and process sensitive personal data, (which is called ‘Special Category’ personal data in data protection legislation). This Special Category personal data may include details about your sex life, sexual orientation, political opinions, race or ethnicity, religious or philosophical beliefs, trade union membership, information about your health and genetic and biometric data. Because this Special Category personal data is sensitive, we need your consent to process this data, and this is why we ask you to let us know that you agree to the terms of our Privacy Notice. We wouldn’t be able to provide the Toffee service to you without processing of your Special Category personal data – so by indicating that you are happy for us to carry out such processing during the sign up process, we can continue to provide the Toffee service to you. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. 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 or app 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. Toffee uses third party payment providers chosen by the user. As such, Toffee does not collect, store or have access to any financial data.

4. How is your personal data collected?

  1. We use different methods to collect data from and about you including through: • Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us by email, phone, post or otherwise. This includes personal data you provide when you: • sign up to the Toffee service and create an account; • subscribe to the Toffee service; • request marketing to be sent to you; • enter a competition, promotion or survey; or • provide us with some feedback. • Automated technologies or interactions. As you interact with our website and/or app, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies.Please see the section on cookies below for further details. • Other Toffee users. Other users of the service may provide information about you as they use the Toffee Service, for example if they contact us about you. • Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below: • Technical Data from the following parties: (a) analytics providers such as Google based inside and outside the EU; (b) advertising networks such as Facebook and Instagram based inside and outside the EU; and (c) search information providers such as Google based inside and outside the EU. • Contact and Transaction Data from providers of technical, payment and delivery services. • Identity and Contact data from social media platforms to enable you to login to your Toffee account (for example, Facebook and Instagram Login). • Where we publish advertisements on a partner’s websites and platforms, these partners may communicate information relating to the success of the campaign.

5. How we use your personal data

  1. 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 have entered into with you to provide the Toffee service. • 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. Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. We may, however, rely on consent as a condition for processing Special Category personal data, as detailed above. Purposes for which we will use your personal data We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest To register you as a new user (a) Identity (b) Contact (c) Profile (d) Special Category Performance of a contract with you Consent To process and deliver your membership including: (a) analysing your profile (b) matching you with other users (b) providing a platform for you to communicate with other users (d) show users’ profiles to one another (a) Identity (b) Contact (c) Profile (d) Transaction (e) Marketing and Communications (c) Special Category (a) Performance of a contract with you (b) Necessary for our legitimate interests (to provide a personalised service) (c) Consent 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) 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) To administer and protect our business and our app / website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity (b) Contact (c) Technical (d) Profile (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 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) To use data analytics to improve our website / app, 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) 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) Special Category 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. Promotional offers from us We may use your Identity, Contact, Technical, Usage Special Category 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. Third-party marketing We will get your express opt-in consent before we share your personal data with any company outside of Toffee for marketing purposes. Opting out You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or] by contacting us at any time. Cookies Our website / app uses cookies to distinguish you from other users of our website or app. 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 or our app may become inaccessible or not function properly. 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. 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.

6. Disclosures of your personal data

  1. 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. • Other Toffee users – other users of the Toffee service will have access to your Profile Data and such other personal data that you voluntarily choose to upload to the service, or share with others on the Toffee platform. We advise you to take care with the information you share - this will be publicly viewable. • External Third Parties set out below: o Service providers acting as processors based inside and outside of the EU who provide IT and system administration services. o Professional advisers acting as processors including lawyers, bankers, auditors and insurers based inside and outside of the EU who provide consultancy, banking, legal, insurance and accounting services. o HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances. • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

7. International transfers

  1. Some of our external third parties are based 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 by ensuring at least one of the following safeguards is implemented: • 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. • 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. • Where we use providers 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. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

8. Data security

  1. 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.

9. Data Retention

  1. 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.

10. Your legal rights

  1. Under certain circumstances, you have rights under data protection laws in relation to your personal data. • Request access to your personal data This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. • Request correction of your personal data 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. • Object to processing of your personal data You may object to the 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 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 transfer of your personal data We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. • Right to withdraw consent Where we are relying on consent to process your personal data, you may withdraw that consent. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. If you wish to exercise any of the rights set out above, please contact us using the contact details above. 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.

11. Changes to our privacy policy

  1. Any changes we make to our privacy policy in the future will be posted on this page. Please check back frequently to see any updates or changes to our privacy policy. Your continued use of the Services following the posting of changes to the Privacy Policy will mean that you accept those changes.

12. Contact

  1. Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to contact@toffee.dating The Site and the Service are operated by Toffee Dating Limited, registered in England and Wales under company number 10948446 with our registered office at 291 Kilburn High Road, First Floor, Unit 5 Drakes Court, London NW6 7JR.