Cogenis Ltd (Company Number: 11494838) (“Company”, “we”, “us”, “our”) is committed to protecting the privacy and security of your and your dependant’s personal data. This Privacy Notice describes how we collect, use and look after your and your dependant’s personal data when you visit our website or use our app (regardless of where you visit or use it from), including when you sign up to our app. It also tells you about your and your dependant’s rights and how the law protects you and your dependant.
This Privacy Notice supplements the other notices and terms published on our website or app (Terms) and is not intended to override them.
Cogenis Ltd is the data controller and responsible for your and your dependant’s personal data.
To assist you further in understanding this Privacy Notice, we have set out in the Schedule a glossary of terms used in this Privacy Notice, examples of types of personal data we collect, how we use it, the lawful basis for processing such data and further details of your rights.
To assist your dependant further in understanding this Privacy Notice and how we process their personal data, we have created a minor friendly [cartoon/video/explanation] as displayed at [INSERT LINK] which [gives examples of types of personal data we collect, how we use it, the lawful basis for processing such data and further details of your dependant’s rights. We require you to show your dependant this [cartoon/video/explanation] before you use our app, as per our Terms.
Where your dependant is the age of 13 years or older, we also require you to obtain your dependant’s express consent to use your dependant’s personal data in connection with the app.
David Bull is our data protection officer (DPO). If you have any questions about this Privacy Notice, including any requests to exercise your or your dependant’s legal rights, please contact our DPO in writing, either by:
Email: firstname.lastname@example.org; or
Post: FAO Data Protection Officer, Cogenis Ltd, Unit 2, Smithy Farm Chapel Lane, Bruera, Chester, England, CH3 6EW.
You and your dependant have the right to make a complaint at any time to the ICO (www.ico.org.uk). We would, however, appreciate the chance to deal with your or your dependant’s concerns before either of you approach the ICO so please contact us in the first instance.
Our website and app are not intended for use by children, however, personal data of children (including your dependant) is collected by us as a result of the functionality of and the data processed by the website and app as explained in the Terms, on our website and in this privacy notice.
Your duty to inform us of changes
It is important that the data we hold about you and your dependant is accurate and current, therefore please keep us informed of any changes to your or your dependant’s personal data.
Our website and app may include links to third-party websites, plug-ins and applications. By clicking on these links or enabling connections you may be allowing third parties to collect or share your or your dependant’s personal data. We have no control over these third-party websites, plug-ins or applications and are not responsible for their privacy notices, therefore you should also read their privacy notices to understand what personal data they collect about you or your dependant and how they use it.
The data we collect about you and your dependant
We may collect, use, store and transfer the types of personal data about you and/or your dependant listed in Part 1 of Schedule 1.
We also collect, use and share aggregated data. However, if we combine aggregated data with your or your dependant’s personal data so that it can directly or indirectly identify you or your dependant, we treat this as your or your dependant’s personal data.
We may in certain circumstances collect special categories of personal data, for example where personal data is included in the posts of your dependant which are analysed by the app. Although this app is not intended to be designated as a health app, the automated technology underpinning the app which analyses language in your dependant’ social media posts may reveal information about your dependant’s emotions, which may be indicative of your dependant’s health and wellbeing. This type of data may be classed as a special category of personal data.
Failure to provide personal data
If we are required by law, or under the terms of a contract we have with you, to collect your or your dependant’s personal data and you or your dependant (as appropriate) fail to provide it, we may not be able to enter into or perform the contract with you and, we may have to cancel our service. We will notify you of this at the relevant time.
How personal data is collected
We collect personal data in the following ways:
You may provide personal data when you complete online forms, download our app, create a user account on our app, provide us with details of your dependant, make payments through our app, respond to us in respect of a survey or otherwise or correspond with us (by post, phone or email).
Our app will collect data from social media posts made by your dependant. The purpose of the app and its underlying software is to utilise an artificial intelligence (AI) / machine learning operating system which is able to depict a range of emotions based on analysis of language contained in the dependant’s social media posts. The AI/machine learning operating system underpinning the app also has the potential to alert parents to perceived “threats” where the AI/machine learning considers that the language is threatening or could be a trigger for intervention.
The app has been designed to be non-intrusive in nature. The app does not collect, or permit parents to read, the content of a dependant’s social media posts collected by the apps automated technology. The automated technology allows the depiction of an emotion spectrum based on the automated analysis of the language used in the dependant’s posts. The only point at which the parent can intervene and review the content of a particular post that has been collected is where the AI/machine learning considers it to be a potential “threat”.
We may receive personal data from: (a) analytics providers; (b) advertising networks and (c) our suppliers such as payment providers, website and app support and maintenance providers (and in each case these third parties may be based outside or inside the EEA).
How we use your or your dependant’s personal data
We will only use your and your dependant’s personal data when the law allows us to. Most commonly, we will use your and your dependant’s personal data:
- to perform the contract we are to enter into or have entered into with you;
- to comply with a legal obligation; and
- where it is necessary to carry out our legitimate interests (or those of a third party) and your or your dependant’s interests and fundamental rights do not override those interests.
Part 2 of Schedule 1 sets out the lawful basis we will rely on to process your and your dependant’s personal data.
Please note that we may process your or your dependant’s personal data for more than one lawful ground depending on the specific purpose for which we are using your or your dependant’s information.
Generally, you will only receive marketing communications from us: (a) if you have requested information from us; (b) purchased services from us and have not opted out of receiving marketing or unsubscribed; (c) you have provided your consent to receiving marketing at the time we collect your or your dependant’s personal data and you or your dependant have not subsequently opted out or withdrawn your consent; or (d) if we have another basis to send you the marketing communications.
We will get your express opt-in consent before we share your or your dependant’s personal data with any third party for marketing purposes. We will not share your or your dependant’s personal data with third parties for their marketing purposes.
How to opt out
You can opt out of email marketing by clicking the unsubscribe button within the particular marketing email. You can also withdraw your consent to marketing at any time by contacting our DPO.
Even if you opt out of receiving marketing, we may still use your or your dependant’s personal data for other purposes provided we have a lawful basis to do so.
Change of purpose
We will only use your or your dependant’s personal data for the purpose that we originally collected it for, 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 or your dependant’s personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to use your or your dependant’s personal data in this manner.
We may process your or your dependant’s personal data (without your knowledge or consent) where this is required or permitted by law.
Disclosure of your or your dependant’s personal data
We may share your or your dependant’s personal data with third parties, further details of whom are set out in Part 4 of Schedule 1. We require all third parties to respect the security of your or your dependant’s personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your or your dependant’s personal data for their own purposes. They can only process your or your dependant’s personal data for specified purposes and in accordance with our instructions.
Some of our external third parties may be based outside the European Economic Area (EEA), so their processing of your or your dependant’s personal data may involve a transfer of data outside the EEA.
Whenever we transfer your or your dependant’s personal data out of the EEA, we ensure that a similar degree of protection is afforded to it by ensuring at leastone of the following safeguards is implemented:
- we will only transfer your or your dependant’s personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
- we use specific contracts approved by the European Commission which give personal data the same protection it has in Europe with our services providers;
- we may transfer data to US based service providers under 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 or your dependant’s personal data out of the EEA.
We have put in place appropriate security measures to prevent your or your dependant’s personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We also limit access to your or your dependant’s personal data to those employees, agents, contractors and other third parties who have a business need to know and they can only process your or your dependant’s personal data on our instructions and will be subject to a duty of confidentiality.
We have procedures in place to deal with any suspected personal data breach and will notify you, your dependant and any applicable regulator of a breach where we are legally required to do so.
We will only retain your or your dependant’s 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.
Data from your dependant’s social media posts which are collected and analysed by the automated AI/machines learning operating system underpinning the app is not stored by us, and is deleted, unless the data from the posts are detected as a “threat”.
We may update our data retention practices from to time and you or your dependant (as applicable) can request details by contacting us. However, we are legally required to keep basic information about our customers (including contact, identity, financial and transaction data) for six years after the end of the tax year in which they cease being customers, for tax purposes.
We may also anonymise your or your dependant’s personal data (so that it can no longer be associated with you) for research or statistical purposes. We can use anonymised information indefinitely without further notice to you.
Your and your dependant’s legal rights
You and your dependant have certain rights in certain circumstances under data protection law. These are set out in full in Part 3 of Schedule 1. If you or your dependant (as applicable) wish to exercise any of your rights, please contact our DPO.
You or your dependant will not have to pay a fee to exercise any of your rights. However, if your or your dependant’s request is clearly unfounded, repetitive or excessive, we may charge a reasonable fee for this information or refuse to comply with your or your dependant’s request.
We may request specific information from you or your dependant to help us confirm your or your dependant’s identity when either of you contact us. This is a security measure to ensure that personal data is not disclosed to any person who does not have the right to receive it.
We try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your or your dependant’s request is particularly complex or either of you have made a number of requests. In this case, we will notify you or your dependant (as applicable) and keep you or your dependant updated.
We may change this Privacy Notice from time to time by updating this page. Please check it regularly to ensure you are aware of any changes. This Privacy Notice was last updated on 26 June 2019.
Part 1 Types of personal data
billing address, email address and telephone number
bank account and payment card details
first name, last name, dependant’s first name and last name, username or similar identifier, date of birth, dependant’s date of birth, age and title
marketing and communication data
your preferences in receiving marketing from us and our third parties and your communication preferences
your username and password, your feedback and survey responses
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 our website or app
details about payments to and from you and other details of the subscription package you have purchased
content of your dependant’s social media posts which may include identity data
Part 2 Lawful basis for processing and processing activities
The lawful basis upon which we may rely on to process your or your dependant’s personal data are:
you and your dependant (where applicable) have given your express consent for us to process your or your dependant’s personal data for a specific purpose.
For the avoidance of doubt, where your dependant is under the age of 13, you can provide consent on their behalf for us to process their personal data. Where your dependant is aged 13 or above, we will always request/obtain express consent from the dependant for the purposes of processing their data.
the processing is necessary for us to perform our contractual obligations with you under our contract, or because you have asked us to take specific steps before entering into a contract with you.
the processing is necessary for us to comply with legal or regulatory obligation.
the processing is necessary for our (or a third party’s) legitimate interest e.g. in order for us to provide the best service to you via our website or app. Before we process your or your dependant’s personal data on this basis we make sure we consider and balance any potential impact on you, and we will not use your or your dependant’s personal data on this basis where such impact outweighs our interest.
Set out below are specific details of the processing activities we undertake with your or your dependant’s personal data and the lawful basis for doing this.
Type of data
Lawful basis for processing
to register you as a user on our website and/or on our app
identity & contact
to perform our contract with you
to enable the functionality of the AI/machine learning software within the app
your dependant’s social media posts which may include identity and health data
to perform our contract with you
to process and deliver your subscription, manage payments, fees and charges and debt recovery
identity, contact, financial, transaction and marketing & communications
to manage our relationship with you, notifying you about changes to our Terms or Privacy Notice and ask you to leave a review or take a survey
identity, contact, profile and marketing & communications
to enable you to complete surveys or provide us with feedback
identity, contact, profile, usage and marketing & communications
to administer and protect our business and our website and app (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
identity, contact and technical
to deliver relevant website or app content/ advertisements to you and measure or understand the effectiveness of our advertising
identity, contact, profile, usage, marketing & communications and technical
as necessary for our legitimate interests in studying 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
technical and usage
as necessary for our legitimate interests to define types of customers for our products and services, to keep our website and app 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, including promotional offers
identity, contact, technical, usage and profile
as necessary for our legitimate interests to develop our products/services and grow our business.
Part 3 Your and your dependant’s legal rights
You and your dependant have the following legal rights in relation to your or your dependant’s personal data:
access your data
you or your dependant can ask for access to and a copy of your or your dependant’s personal data (as applicable) and can check we are lawfully processing it.
you or your dependant can ask us to correct any incomplete or inaccurate personal data we hold about you or your dependant.
you or your dependant can ask us to delete or remove your or your dependant’s personal data where:
We may not always be able to comply with your or your dependant’s request for specific legal reasons, which will be notified to you or your dependant at the time of your request.
you or your dependant can object to the processing of your or your dependant’s personal data where:
In some cases, we may demonstrate that we have compelling legitimate grounds to process your and/or your dependant’s information which override your and/or your dependant rights and freedoms and, in such circumstances, we can continue to process your or your dependant’s personal data for such purposes.
you or your dependant can ask us to suspend or restrict the processing of your or your dependant’s personal data, if:
request a transfer
you can request a transfer of your or your dependant’s personal data which is held in an automated manner and which you provided your consent for us to process such personal data or which we need to process to perform our contract with you, to you or a third party. We will provide your or your dependant’s personal data in a structured, commonly used, machine-readable format.
withdraw your consent
you and/or your dependant can withdraw your consent at any time (where we are relying on consent to process your or your dependant’s personal data). This does not affect the lawfulness of any processing carried out before you or your dependant withdraw your consent.
Part 4 Third Parties
acting as processors who provide IT system, administration and analytics services.
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
acting as processors or joint controllers who require reporting or processing activities in certain circumstances.
third parties 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 or your dependant’s personal data in the same way as set out in this Privacy Notice.
Part 5 Glossary
information such as statistical or demographic data which may be derived from personal data but which cannot by itself identify a data subject.
a body that determines the purposes and means of processing personal data.
an individual living person identified by personal data (which will generally be you).
information identifying a data subject from that data alone or with other data we may hold but it does not include anonymised or aggregated data.
a body that is responsible for processing personal data on behalf of a controller.
special categories of personal data
information about race, ethnicity, political opinions, religious or philosophical beliefs, trade union membership, health, genetic, biometric data, sex life or sexual orientation.
Information Commissioner’s Office, the UK supervisory authority for data protection issues.
Cogenis Ltd Cookies Policy
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Except for essential cookies, all cookies will expire after 12 months.