Some Bedtime Reading (The Legal Stuff)
Terms of Service
These terms and conditions ('Terms') govern your use of the website and services ('Site') of Happity Ltd ('Happity'); by using this website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, you must not use this website. We reserve the right to change these Terms from time to time. The latest version will be published at happity.co.uk/legal.html.
You must be at least 16 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 16 years of age.
Warranties and Limitations
Whilst every effort has been made to verify information provided on our website, all content is provided 'as is'. We make no warranties or representations about the completeness, accuracy or reliability of the information published on our website. This includes, but is not limited to, the time and location of events, age suitability, costs and description. The use of information is strictly at your own risk and we strongly advise you contact providers before attending an event. Happity disclaims all liability for any loss or damage as a result of using the Site and in no event shall we be liable for any indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit.
Without prejudice to the generality of the foregoing paragraph, Happity does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Happity will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss of whatever kind; or
- for any failure, delay, interruption or otherwise of the provision of the website; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Happity has been expressly advised of the potential loss.
Any views, recommendations or advice appearing on the site are not endorsed by us and, to the maximum extent permitted by law, we shall not be liable on account of the completeness, accuracy, nature, timeliness or otherwise of such views, recommendations and advice.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Happity's liability in respect of any:
- death or personal injury caused by Happity's negligence;
- fraud or fraudulent misrepresentation on the part of Happity; or
- matter which it would be illegal or unlawful for Happity to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Unless otherwise stated, Happity owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages and emails from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website) without express permission;
- sell, rent or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
You are prohibited from removing, modifying, altering or using any registered or unregistered marks/s owned by us, and doing anything which could be considered an infringement of the intellectual property rights owned and/or licensed to us, without first obtaining written permission.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
We reserve the right to restrict access to areas of this website at our discretion. If you are provided with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. We may disable your user ID and password without notice or explanation at our discretion.
We only accept listings of activities for children aged 0-5 years old that take place at a regular designated time. Once accepted, a listing will remain on the site indefinitely unless subject to termination in accordance with these Terms. We reserve the right to reject listings at our discretion, and to delete a listing without prior notice to you.
User Generated Content
In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit as content for this website, for whatever purpose, as an end user.
You grant to Happity a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Happity the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or a third party (in each case under any applicable law). You are fully responsible for your user content and we accept no responsibility for that content. Where a review is submitted, you warrant the content is a faithful and generation representation of your views. You may not use the Site to send or distribute content that is harassing, defamatory, abusive, harmful, vulgar, obscene, profane, threatening, racially or sexually or otherwise discriminatory. You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this website, or stored on Happity's servers, or hosted or published upon this website.
Notwithstanding Happity's rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Third Party Websites and Content
The Site contains hyperlinks to other websites owned and embedded content operated by third parties. Such hyperlinks are not recommendations. We have no control over third party websites and content and accept no responsibility for them, nor any loss or damage that may arise from you using them.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You agree that you will not bring any claim personally against Happity's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Happity's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Happity.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Happity and undertake to keep Happity indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Happity to a third party in settlement of a claim or dispute on the advice of Happity's legal advisers) incurred or suffered by Happity arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of These Terms and Conditions
Without prejudice to Happity's other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as deemed appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with our privacy and cookies policy constitute the entire agreement between you and Happity in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with English Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England.
Statutory and regulatory disclosures
We will not file a copy of these terms and conditions specifically in relation to each user. We may update these terms and conditions from time to time at our absolute discretion. You will be bound by these changes even if you do not re-read this notice. The version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
These terms and conditions are available in the English language only.
Company registration no. 10512930
Registered address 85 Great Portland Street, London, England, W1W 7LT
This Policy has been written in accordance of the 1998 Data Protection act and updated in accordance with the requirements of EU General Data Protection Regulation (GDPR) effective from 25th May 2018.
Please also refer to the Terms of Service which we are also used to govern this website.
What is Happity?
Happity is a website which lists activities and classes for the under-5s; it's aimed at Parents and Legal Guardians looking for activities to do with their babies and toddlers. It's goals are to support parents in their early years of parenthood as well as support Class Providers who are running and developing their businesses.
Who provides the Services and controls my information?
Happity is operated and provided to you by Happity Limited. For the purposes of EU data protection law, Happity Limited is your data controller and data processor.
The Information we collect
Happity may collect and use the following kinds of personal information from you and with your permission:
- Information that Class Providers provides for the purpose of registering their classes on the website (name, email, phone, company name and description, class timetable and venue details)
- Class Provider login details (username and password)
- Information that a Class Provider provides when subscribing to the website's services (including your name and email address);
- Stripe account reference number of Class Providers if purchasing a service
- Information that a Parent/Legal Guardian providers for the purpose of registering with Happity for booking classes (name, email, address, phone)
- Parents/Legal Guardians login details (username and password)
- Information that Parents/Legal Guardians provide when subscribing to a newsletter (name, email and postcode)
- Information that Parents/Legal Guardians provide when booking a class through Happity (name, email, phone, child's name, child's age, child's gender, any other useful information (eg allergies)
- Stripe account reference number of Parents/Legal Guardians if paying for classes through Happity booking system
How we use your information
Happity may use the information it collects to:
- Provide a secure web account to Class Providers where they can manage their classes and class bookings
- Add new Class Providers and classes to the website
- Remind Class Providers when their class information becomes out of date
- Enable Class Providers with access to and use of the website services if requested;
- Supply to Class Providers services that they have purchased;
- Send to Class Providers statements and invoices;
- Collect payments from Class Providers;
- Send Class Providers communications about our website
- Provide Class Providers with the information from Parents/Legal Guardians about who has booked their classes for the purpose of class registers, payment tracking and class administration;
- Provide a secure web account to Parents/Legal Guardians where they can book classes
- Personalise the website for Parents/Legal Guardians who are searching for classes;
- Send Parents/Legal Guardians marketing messages if you have opted in to receive them; and
- Provide Class Providers with information from Parents/Legal Guardians if they have opted in to hear directly from them;
- Provide third parties with non-identifiable statistical information about our users.
- Improve our products and services by analysing interaction and user data.
- Optimise and improve our marketing campaigns.
- Respond to requests by government or law enforcement agencies, and meet legal regulatory and compliance obligation, to the extent we are required to by the law.
NHS Track & Trace
To help prevent the spread of Covid19, if requested, your contact details will be provided to NHS Track and Trace within a 21 day period of attending any class booked via Happity. If you do not wish for your contact details to be shared in this way, you must notify [email protected] and the Class Provider before your class takes place.
Data about minors (under-16's)
When a Parent/Legal Guardian books a class, we ask you to provide some details about the child. This information is shared with the Class Provider of the class your are booking for the purpose of ensuring that the class is within the specified age range for the class, for tracking payment and to create a class register. We or they do not communicate directly with the minor through the website. The information is provided with the consent of the Parent/Legal Guardian. Class Providers will have consented to our Terms of Service for using the booking system which outlines their responsibility in keeping this information secure.
Our legal bases for collecting, using, sharing and otherwise processing your information
Happity will only collect, use, share, and otherwise process the information we have about you for the purposes described in this policy where legally permitted. These legal bases include:
- For Happity to comply with a legal obligation, a court order, or to exercise and defend legal claims;
- For Happity to comply with a contractual obligation with you
- Where you have made the information manifestly public;
- Where you have given consent; and
- Where necessary for the purposes of Happity's or a third party's legitimate interests.
Legitimate Interests include:
Happity's legitimate interest in processing your data are:
- To keep Class Provider data up to date for the benefit of Parents/Legal Guardians;
- To improve and develop our services for Class Providers; and
- To provide a seamless experience when you join Happity either as a Parents/Legal Guardians or Class Provider
You benefit from a number of rights in relation to your information that we process. While some of these rights apply generally, certain rights apply only in certain limited cases. We describe these rights below.
Class Providers, you can access much of the data we hold about you by viewing your class profile pages on Happity. Parents/Legal Guardians and Class Providers who require additional information, email us at [email protected] to request a copy of your Happity information. Where legally required, we will provide your information in an easily accessible format and assist in transferring some of this information to third parties.
Rectify, Restrict, Limit, Delete.
You can also rectify, restrict, limit or delete much of your Happity information by emailing us at [email protected] and we will rectify, restrict, limit or delete your information as requested.
If we process your information based on our legitimate interests explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing, you can always object using the unsubscribe link in such communications, or by emailing us at [email protected].
Where you have previously provided your consent, you have the right to withdraw your consent to the processing of your information at any time. For example, you can withdraw your consent to email marketing by using the unsubscribe link in such communications. You can also revoke any consent you have provided to us for our collection of your geolocation information by changing the setting on your mobile device. If you withdraw your consent to the use of your information for purposes set out in this Policy, you may not have access to all (or any) of our Services and we might not be able to provide you all (or any) of our Services. In certain cases, we may continue to process your information after you have withdrawn consent if we have a legal basis to do so or if your withdrawal of consent was limited to certain processing activities.
If you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so by contacting the Information Commissioner's Office (or ICO) at www.ico.org.uk, but we would be grateful if you would contact us first so we can try to resolve it by emailing Happity on [email protected].
Sharing your Data
We share information with service providers, contractors and other third parties where it is necessary to provide the Services, or for any other purposes described in the Policy. We will only work with third parties that are also undertaking steps towards GDPR compliance themselves and will be compliant by 25th May 2018 and we have undertaken a check for each third party we work with.
Marketing and spam.
We know that you do not want spam or marketing calls from third parties, so we will never sell or rent your contact information to third parties, and we won't share it with a third party unless we have your authorisation.
Third party service providers.
We may share your personal information to help us operate, provide, improve, understand, customise, communicate, support, and market our Services. These third parties are contractually required to use it only to provide their service to us, and contractually barred from using it for their own purposes.
We share some aggregated information about number of Class Providers, Schedules and searches with 3rd Parties agency members because of the special role they play in helping us develop Happity as a successful Start-Up such as mentoring or funding. This includes no identifying personal information and instead focuses on trends and aggregations.
Securing your data
Happity will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.You acknowledge that the internet is inherently insecure, and we cannot guarantee security of data sent over the internet. Information relating to electronic transactions entered into via this website will be protected by encryption technology.
Cross-border data transfers
We will only transfer your data outside the jurisdiction in which it was collected if required (a) to provide Happity services; (b) by law or (c) as part of our standard back-up procedures.
Where we are required to transfer your data to another jurisdiction, particularly where the data is transferred out of the European Economic Area, we will take all necessary measures to ensure that the transfers of data outside the jurisdiction in which it was collected are done in compliance with applicable Data Protection Laws.
Data Retention Period
Please see our Data Retention Policy
Updating this statement
This website contains links to other websites. Happity is not responsible for the privacy policies or practices of any third party.
Data Retention Policy
This policy was last updated: 23rd May 2018 in accordance with the Data Protection Act (1998) and the forthcoming General Data Protection Regulation (GDPR) on 25th May 2018.
Happity have created this policy to demonstrate its commitment to data security and the storage of data only for as long as is required.
Definition of "data"
For the purposes of this document, when we talk of “data” we refer to the Class Provider details which have either been uploaded to Happity by Class Providers, or provided to us in a web form or email by the Class Provider for us to upload; or provided to us by Class Providers in an email for the purpose of listing a class on our website; or is publicly available information which has been collected and uploaded by us to our website.
We also refers to Parent/Legal Guardian data which has been inputted into Happity by the Parent or Legal Guardian wishing to book a class listed on Happity through the Happity booking system.
Lastly we refer to Parent/Legal Guardian or Carer data which has been shared with us, with consent, by the participants who wish to receive our newsletter.
Happity data is stored within the EU, and is hosted by a company which complies with the legal requirements set out in law. An API copies data from the database to Email Service Providers for the purpose of emailing transactional emails to onboard class providers and also inform them that their class details are out of date and need updating. Data belonging to Parents/Legal Guardians or Carers who have consented to receiving an email newsletter from us is additionally stored in an Email Service Provider for the purpose of sending out an email newsletter.
Happity also employs security and encryption methods to protect the data, both while it is in transit and while at rest.
Data retention periods
Happity commits to retain personal data only for as long as is necessary, which is a requirement of law. For accounting and tax purposes, we keep data for 7 years.
As "Data Controller", Happity is responsible for all the data it stores and has responsibility for keeping it secure. Happity has determined the following retention period:
- Class Providers data can be uploaded either by the Class Provider or by Happity at any time, and will be held in the database until it is deleted by Happity. While the Class Provider is actively listed on Happity and regularly renews their listing details, it will remain in the database.
- If the Class Provider has not logged in for 1 year, their data is archived. We will keep data for a further 6 years (totalling 7) and then delete it.
- Transactional schedule check emails to Class Providers includes a link to unsubscribe. If a Class Provider has unsubscribed for 1 year, they will be deleted permanently from the Email Service Providers.
- If the Class Provider requests that Happity delete their data on their behalf at any time, these are actioned within 24 hours and all data relating to this customer is removed from all systems where it is stored with the exception of any payment records which need to be kept for 7 years.
- Once data has been deleted, it cannot be retrieved
- Parents/Legal Guardians can upload their data to Happity through the booking system. While the Parent/Legal Guardian is actively attending classes, it will remain on the database.
- If a Parent/Legal Guardian has not logged into the booking system within 7 years, they will be removed from the database (to comply with accounting and tax purposes).
- Parents/Legal Guardian or Carers email data is also stored in an Email Service Provider. They are able to unsubscribe from the newsletter. Anyone who has unsubscribed for 1 year can then be deleted.
- If a Parent/Legal Guardian or Carer requests that Happity delete their data on their behalf at any time, these are actioned within 24 hours and all data relating to this customer is removed from all systems where it is stored with the exception of any payment records which need to be kept for 7 years.
- Once data has been deleted, it cannot be retrieved
If you require any further information related to this policy, please contact Happity using the below contact details: Email: [email protected]. Our office hours are Monday-Friday, 9-5pm. Please note that national holidays may affect our hours.
Happity Ltd, 85 Great Portland Street, London, England, W1W 7LT