Privacy Notice

PURPOSE OF THIS PRIVACY NOTICE
This privacy notice aims to give you information on how Happy Days Nurseries collects and processes your personal data, including any data you may provide through this website when you enrol a child with one of our nurseries or when you correspond with us. 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
Happy Days Nurseries is made up of different legal entities, details of which can be found under section 10. (GLOSSARY). When you register a child for a place at one of our nurseries the relevant controller will be the company who runs that nursery and who is party to the contract with you. This privacy notice is issued on behalf of the Happy Days Nurseries so when we mention, “Happy Days”, “we”, “us” or “our” in this privacy notice, we are referring to the relevant company in the Group responsible for processing your data.
We have appointed a Data Privacy Coordinator 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 Data Privacy Coordinator using the details set out below.

CONTACT DETAILS
Our full details are:

Email Address: enquiries@happydaysnurseries.com

Postal Address: 
Happy Days Nurseries Support Centre
Chapel Town
Summercourt
Cornwall
TR8 5YA

Telephone: 01872 511 020

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 19 May 2023. We may update this privacy notice from time to time. When we do so we will notify you of any significant changes by providing a notice on our website or by emailing you. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data or that of your child 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 notice of every website you visit.

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 (and potentially your child) which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name, passport or another form of photo ID, marital status, title, NI number, date of birth, collection password, employer name, gender and relationship to child.
• Contact Data includes postal address, email address and telephone numbers.
• Child Data includes first name, last name, gender, date of birth, religion, ethnicity, first language, professional involvement or other safeguarding information, doctors details, next of kin, accident records, medical details (including allergy, dietary information and immunisations) and images of the child (as a record of their learning and promotional material).
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
• Technical Data includes 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.
• Usage Data includes information about how you use our website 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 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.

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 nursery services for your child). In this case, we may have to cancel our service you have with us but we will notify you if this is the case at the time.

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

• Direct interactions. You may give us your Identity, Contact, Financial and Child Data by filling in our Enrolment form or any other form or by corresponding with us by post, phone, and email or otherwise. Please note that if you give us details about someone else on the Enrolment form, it is your responsibility to make sure that they know that you are doing so and to give them a copy of this privacy policy.This includes personal data you provide when you:
• Contact us directly through our website;
• When you interact with us on social media;
• When you register/enrol your child at one of our nurseries;
• Request marketing to be sent to you;
• When you register to attend a Happy Days event; and
• When we contact you during our relationship with you.
• 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, and other similar technologies.

We may also receive Technical Data about you if you visit other websites employing our cookies. 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:

– Other carers or co-parents
If another carer, or a co-parent, completes the Enrolment form for your child and fills in your contact details on your behalf, we will collect your personal data from them.
– Technical Data from the following parties:
a) analytics providers to carry out an analysis of our customers data and your interaction with our website.
b) Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
c) Occasionally we may receive personal information from other nursery providers, schools and or government departments or bodies. For example, where your child attends another nursery as well as Happy Days Nurseries.

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.
• Where we require your consent to process specific information about your child, such as health information.

See LAWFUL BASIS within the GLOSSARY to find out more about the types of lawful basis that we will rely on to process your personal data). Apart from as outlined above, we do not rely on consent as a legal basis for processing your personal data other than in relation to you via email. You have the right to withdraw consent to marketing at any time by contact us at enquiries@happydaysnurseries.com.

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.

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 and Usage 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 purchased services from us and, in each case, you have not opted out of receiving that marketing.

OPTING OUT
You can ask us to stop sending you marketing messages at any time by contacting us at enquiries@happydaysnurseries.com any time.

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 our Cookies Policy.

CHANGE OF PURPOSE
We will only use your personal data and that of your child 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 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 yours and your child’s personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

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 and as set out in the glossary

• 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.

Happy Days Nurseries stores all of your Data within the UK or the European Economic Area (EEA).
However, some of our external third parties are based outside the UK or the EEA so their processing of your personal data will involve a transfer of data outside the UK/EEA.
Whenever we transfer your personal data out of the UK/EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented

• We may transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the UK government. For further details, see the UK’s list of adequate countries here.
• Where we use certain service providers, we may use specific contracts approved by the UK which give personal data the same protection it has in the UK. For further details, see the UK government’s information on alternative transfer mechanisms here.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

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.

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data and that of your child 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 yours or your child’s personal data, the purposes for which we process yours and your child’s personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

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 enquiries@happydaysnurseries.com.

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.

Happy Days Nurseries means any of the following companies Happy Days South West Limited, Happy Days Nurseries Limited, Happy Day Consultancy Limited, H. Days Holdings Limited, R&J Care Ltd (T/A Teddy Bears), The Hollies Nursery Limited, Toddletown Nursery and Daycare (Farnham) Limited, Home Counites Nurseries and Day Care Limited, Mulberry Corner Nursery LLP, Yew Tree Nursery Limited, Tiddlers.

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).

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 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.

THIRD PARTIES
Internal third parties means any company within the Happy Day Nurseries group as defined in this glossary.

External third parties

• If you choose to pay for our services using childcare vouchers or an equivalent means we will share the minimum amount of personal information with the scheme operator in order that they can make the necessary payments.
• If you child is entitled to Early Years Funding or an equivalent scheme we will share the minimum amount of personal information to the local council or government body in order that they can make the necessary payments.
• On occasion we may be required to provide personal information to schools, colleges and other educational institutions, government departments the police and/or another enforcement agency in respect of safeguarding.
• Service and financial providers acting as processors based in the EEA who provide IT and system administration services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

HM Revenue & Customs, regulators and other authorities based who require us to provide information in certain circumstances.
Mail Chimp / Survey Monkey which stores email addresses for marketing purposes.

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.