Linguaphone Group Limited (trading as “Pingu’s English”) (referred to below as “Pingu’s English” or “we”) respects your privacy and is committed to protecting your personal data.
- IMPORTANT INFORMATION AND WHO WE ARE
- THE DATA WE COLLECT ABOUT YOU
- HOW IS YOUR PERSONAL DATA COLLECTED
- HOW WE USE YOUR PERSONAL DATA
- DISCLOSURES OF YOUR PERSONAL DATA
- INTERNATIONAL TRANSFERS
- DATA SECURITY
- DATA RETENTION
- YOUR LEGAL RIGHTS
- IMPORTANT INFORMATION ABOUT WHO WE ARE.
Linguaphone Group Limited is the controller and responsible for your personal data.
Our full details are:
Full name of legal entity: Linguaphone Group Limited
The Data privacy manager
Email address: [email protected]
Postal address: 3rd Floor CI Tower, St George’s Square, New Malden KT3 4HG, United Kingdom
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). However, we would appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
This version was last updated on 1 March 2021 and historic versions can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Please also ensure that all data you submit is accurate at the time of submission.
- THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, title, gender and country location.
- Contact Data includes email address, country location and telephone numbers.
- Financial Data includes bank account and payment card details.
- 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.
- Profile Data includes your username and password, any data concerning your interests, preferences, feedback and responses which you submit via the website or any free text box including but not limited to any note or message you leave for us via the website.
- Usage Data includes information about how you use our website, products and services including the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time), pages and information you viewed or searched for, content downloaded from the website, page response times, download errors, length of visits to particular pages, page interaction information (such as scrolling, clicks and mouse-overs), the last page viewed on our website before leaving it and methods used to browse away from the page.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
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 or in connection with services you have contracted or wish to contract for with us or one of our licensees or their sub-licensees 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 or provide the services or information you have asked for. In this case, we may have to suspend or cancel a service you want to have from us but we will notify you if this is the case at the time.
- 3. How is your personal data collected?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity Data, Contact Data and Profile Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for information concerning our learning courses or services and/or our licensing arrangements;
- apply to become one of our master licensees or register an interest in doing so;
- create an account on our website;
- give us some feedback.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Technical Data from analytics providers such as Google based outside the EU.
- Identity Data and Contact Data from publicly available databases such as Companies House in England and Wales.
- 4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you or in relation to the licensing of products, rights or services you have contracted for with us.
- 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.
Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally we do not rely on consent as a legal basis for processing your personal data. We will not send third party direct marketing communications to you or share any of your data with third parties for this purpose without your consent. You have the right to withdraw consent to marketing at any time by contacting us.
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.
Please be aware 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, licensee or sub-licensee of our services, products and rights||(a) Identity (b) Contact (c) Profile||Performance of a contract with you|
|To process and deliver your orders for products and services||(a) Identity (b) Contact (c) Financial||(a) Performance of a contract with you (b) Necessary for our legitimate interests (to ensure that we are able to provide services and materials to you appropriately to ensure we are fulfilling orders placed by you as a licensee)|
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity (b) Contact (c) Technical (d) Usage||(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation|
|To deliver relevant website content and recommendations to you and measure or understand the effectiveness of the recommendations we serve to you||(a) Identity (b) Contact (c) Profile (d) Usage (e) Technical||Necessary for our legitimate interests (to study how users use our products/services and website, to develop them, to grow our business and to inform our operating and marketing strategy)|
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||(a) Technical (b) Usage||Necessary for our legitimate interests (to define types of licensees for our products and services, to keep our website updated and relevant, to enhance licensee resources and to develop our business and to inform our operating strategy)|
|To generate leads and prospects lists and databases with a view to using the same to market our licensing arrangements, services and products to you||(a) Identiy (b) Contact (c) Profile (d) Usage (e) Technical||Necessary for our legitimate interests (to create marketing leads and grow our business and to inform our operating and marketing strategy)|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
Marketing from us
We will send you content and marketing materials we believe to be appropriate and may be of interest to you from time to time. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you and this is our marketing to you.
You will receive marketing communications from us if you have requested information from us, or purchased our goods or services or if you provided us with your details and indicated that you are interested in receiving such communications or information regarding our products and services and, in each case, you have not opted out of receiving that marketing.
You may opt out of receiving this content and marketing at any time by clicking the relevant ‘opt-out’ link or by contacting us.
We will get your express opt-in consent before we share your personal data with any third-party company for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of you using our services or undertaking one of our training or learning programmes or courses.
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.
- 5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Specific Third Parties as set out in the Glossary.
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.
- 6. International transfers
Many of our Specific 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:
- Where we use certain Specific Third Parties, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield while such transfers remain permitted under transitional arrangements, and which requires them to provide similar protection to personal data shared between the UK and the US. For further details, see European Commission: EU-US Privacy Shield .
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
- 7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. 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.
- 8. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in relation to our relationship with you.
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, regulatory, accounting or other requirements.
In some circumstances you can ask us to delete your data: see Request erasure of your personal data below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
- 9. Your legal rights
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.
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.
- 10. Glossary
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of a 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.
Specific Third Parties
- Our IT service providers based in your local jurisdiction (i.e. the country where you live and/or access the website from) and the United Kingdom who provide cloud-based IT operational and data hosting systems and administration services and accounting services.
- Our newsletter and email services providers responsible for sending out email updates and newsletters on our behalf, based in the United Kingdom and inside and outside the United Kingdom, such as MailChimp.
- Our remote data centre providers based in your local jurisdiction and the United Kingdom who provide us with data storage services, such as Google Analytics.
- Our licensees and sub-licensees in your local jurisdiction who currently have licensing arrangements in place with us where you express an interest in becoming a licensee or sub-licensee in that jurisdiction.
- Professional advisers including lawyers, bankers, auditors and insurers based within the United Kingdom and your local jurisdiction who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities based in the United Kingdom and any local equivalent in your jurisdiction if/when relevant.
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 the paragraph 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.