Website and Application Privacy and Cookies (USA)

Effective Date: December 20, 2017

Last Updated: July 09, 2018

Introduction

This is the privacy and cookies policy for www.getacorn.com (“Site”) and any web or mobile application(s) we provide in the United States to our United States users, including but not limited to the Acorn mobile application (“Application”). The Site and Application are operated by or on behalf of Acorn, Inc. (“we”, “us” and “our”).

We are committed to protecting your privacy. We appreciate that you do not want your personal information distributed indiscriminately and this privacy policy explains how we collect information, what we do with it and what controls you have.

By using the Site and/or Application, you consent to the collection and use of information in accordance with this privacy policy.

We reserve the right to change this privacy policy from time to time by changing it on the Site or by updating the Application, but if we do, we will bring it to your attention by placing a notice on the www.getacorn.com website, on the Application, by sending you an email, and/or by some other means. If you don’t agree with the updates, you should stop using the Site and Application and any related services immediately. If you continue to use the Site and/or Application after we make updates to the privacy policy, you then agree to all of the changes.

Information we may collect from you

We may collect and process the following information about you:

  • information (such as your name, email address, postal address and telephone number, as well as your child's name, age, and gender) that you (and not your child) provide by completing forms on the Site or Application, including if you register as a user of the Site or Application, subscribe to any service, upload or submit any material via the Site or Application, request any information, or enter into any competition or promotion we may sponsor;
  • in connection with an account sign-in facility, your log-in, password details and (where you choose to provide one) any photo(s) connected with your account;
  • details of any transactions made by you through the Site or Application;
  • communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Site or Application or its content;
  • information from surveys that we may, from time to time, run on the Site/Application for research purposes, if you choose to respond to, or participate in, them.

You may, as part of the sign-up process, choose to provide a picture of your child as part of your profile. This for your account purposes only, and will not be shown to other users of the Site/Application.

You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.

When you visit the Site or access or use the Application, we may, by means of cookies and/or other similar technologies, automatically collect additional information about you – such as the type of internet browser or mobile device you use, any website from which you have come to the Site, your IP address (the unique address which identifies your computer or mobile device on the internet) and/or the operating system of your computer or mobile device. See Cookies and other technologies for more information.

We may, from time to time, run referral programs or similar initiatives, such as a "Tell a Friend" program, that invite you to provide us with the contact details of someone who is known to you who may find our products or services to be of interest. We will only use those contact details to send a one-off email for the purpose of the relevant initiative (and not for general marketing purposes). By providing us with their details, you confirm that you have their permission to do so and must not provide us with the details of anyone from whom you do not have such permission. We reserve the right to identify you as the person who has made the referral in the message that is sent to them.

Mobile Device and Location data

We collect information through the Site and Application as to your real time location to provide location services where requested or agreed to by you in order to deliver content, advertising or other services that are dependent on knowing where you are. This information may also be collected in combination with an identifier associated with your device to enable us to recognize your mobile browser or device when you return to the Site or Application.

Delivery of location services will involve reference to one or more of the following: (a) the coordinates (latitude/longitude) of your location; (b) look-up of your country of location by reference to your IP address against public sources; and/or (c) your Identifier for Advertisers (IFA) code for your Apple device, or the Android ID for your Android device, or a similar device identifier. See Cookies and other technologies for more information on the use of cookies and device identifiers on the Site/Application.

You may opt out at any time from allowing further access by us to your location data by updating the location access permissions in your phone’s settings. You can also stop all information collection by un-installing Applications. You may use the standard un-install processes as may be available for your mobile device.

Cookies and other technologies

When you interact with the Site or Application, we try to make that experience simple and meaningful. When you visit the Site or access or use the Application, a web server sends a cookie or other similar technology to your computer or mobile device (as the case may be). Cookies are small pieces of information which are issued to your computer or mobile device (as the case may be) when you visit a website or access or use a mobile application and which store and sometimes track information. A number of cookies we use last only for the duration of your web or Application session and expire when you close your browser or exit the Application. Other cookies are used to remember you when you return to the Site/Application and will last for longer.

The cookies and/or other similar technologies we use collect information, such as the type of internet browser or mobile device you use, any website from which you have come to the Site/Application, your IP address and/or the operating system of your computer or mobile device.

We use cookies and/or other similar technologies to:

  • remember that you have visited us before. This means we can identify the number of unique visitors we receive. This allows us to make sure we have enough capacity for the number of users that we get;
  • customize elements of the promotional layout and/or content of the pages of the Site and Application;
  • collect anonymous statistical information about how you use the Site and Application (including how long you spend on the Site and/or Application) and where you have come to the Site and/or Application from, so that we can improve the Site and learn which parts of the Site and which functions of the Application are most popular with users.

Some of the cookies used by the Site and Application are set by us, and some are set by third parties who are delivering services on our behalf.

Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser or mobile device. Please note, however, that by blocking or deleting cookies used on the Site or Application, you may not be able to take full advantage of the Site or Application.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track some of your online activities over time and across different websites. The Site and Application do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Site or Application and after you leave the Site or Application.

Information collected by our Payment Provider

We currently use Stripe as our third party service provider for internet based payment services. Stripe’s Privacy Policy is located at https://stripe.com/us/privacy. You should review Stripe’s Privacy Policy along with its terms of use located at: https://stripe.com/us/privacy.

Uses made of your information

We use your personal information which we collect to:

  • enable us to provide you with the services and information offered through the Site or Application and which you request;
  • administer your account with us;
  • audit the downloading of the Application and data from the Site or Application;
  • improve the layout and/or content of the pages of the Site or Application and customize them for users;
  • improve the services made available on or through the Site and/or Application;
  • identify visitors to the Site and/or Application;
  • carry out research on our users' demographics;
  • send you information we think you may find useful or which you have requested from us, including information about our products and services, provided you have indicated that you do not object to being contacted for these purposes.

You can tell us not to contact you with information regarding our products and services, either at the point such information is collected on the Site/Application (by checking or un-checking (as directed) the relevant box) or, where you do not wish us to continue to use your information in this way, by following the unsubscribe instructions on any communications sent to you. You can also exercise the right at any time by contacting us using the Contacting us details at the end of this privacy policy.

Information sharing

We may disclose aggregate statistics about visitors to the Site and users of the Application in order to describe our services to prospective partners, advertisers, sponsors and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.

We may disclose your personal information to any of our affiliates, or to our agents or contractors who assist us in providing the services we offer through the Site and Application, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analyzing data, providing IT and other support services or in other tasks, from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions.

When you book an activity through the Site or Application, the personal data you provide will be shared with the third party provider of such activity.

In the event that we undergo re-organization or are sold to a third party or go through some other change of control, you agree that any personal information we hold about you may be transferred to that re-organized entity or third party.

Regardless of any choices you make in your privacy settings regarding the use and disclosure of your personal data, please note that we may disclose your personal information if required to do so by law or if we believe that such action is necessary to prevent fraud or cybercrime or to protect the Site and Application or the rights, property or personal safety of any person.

Public forums

The Site and Application may, from time to time, provide functionality for users to write their own reviews. Any information that is disclosed in these areas because public information and you should exercise caution when using these and never disclose personal information.

A note about children

Protecting the safety of children when they use the Internet is important to us. The Site is intended for use only by persons who are at least 18 years of age. By using the Site, you confirm to us that you meet this requirement.

If you are under 13, please do not attempt to register for the Site/Application or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected]

External links

The Site and Application may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites.

Security

We place great importance on the security of all personal information associated with our users. We have security measures in place that are designed to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.

You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the Site and/or Application whilst it is in transit over the internet and any such submission is at your own risk.

It is advisable to close your browser when you have finished your user session to help ensure others do not access your personal information if you use a shared computer or a computer in a public place.

Storage of your information

Your personal information which we collect is sent to and stored on secure servers located in the United States. Such storage is necessary in order to process the information.

Your rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to [email protected].

Contacting us

Please submit any questions, concerns or comments you have about this privacy policy or any requests concerning your personal data by email [email protected]

Acorn’s EU Privacy Policy

Welcome to Acorn’s Privacy Policy for users in the European Union.

What does this Privacy Policy Cover?

We respect your privacy and are committed to protecting your Personal Data. We want to be transparent with you about how we collect and use your Personal Data in:

  • making available both the www.getacorn.com website (the “Site”) and any web or mobile application we provide by which you can use the Acorn services (together, the “Application”); and
  • providing Acorn’s services and functionalities, including enabling you to book the activities made available by our Activity Providers using Acorn via the Site or Application (“Activities”).

We will post any modifications or changes to this Privacy Policy on this page.

Who we are and how to contact us.

Who we are.

We are Aludio Technologies Limited (an English limited company trading under the name ‘Acorn’). We are the Controller (for the purposes of the General Data Protection Regulation (“GDPR”)) of your Personal Data (we refer to ourselves in this Privacy Policy as either “Acorn”, “we”, “us” or “our”).

Our address is: Aludio Technologies Limited t/a Acorn, 20 Ropemaker Street, London, EC2Y 9AR.

How to contact us.

You can contact us by emailing: [email protected].

Your rights.

Where applicable law requires (and subject to any relevant exceptions under those laws), you may have the right to access, update, change and/or delete your Personal Data.

If we rely on consent for the processing of your Personal Data, you have the right to withdraw it at any time and free of charge.

You may have the right to restrict or object to our processing of your Personal Data or to exercise a right to data portability under applicable law.

You can request to exercise any of these rights by emailing: [email protected].

In addition, you can ask us to stop sending you notifications and/or emails about Activities we think you might be interested in booking at any time. You can do this by following the “Unsubscribe” links on any email sent to you promoting new Activities and/or contacting us at any time by emailing: [email protected]. Where you opt out of receiving these notifications/emails, this opt-out will not apply to service-related communications (and any processing of your Personal Data involved in sending such communications).

If you would like to make a complaint regarding this Privacy Policy or our practices in relation to your Personal Data, please contact us at: [email protected]. If you feel that your complaint has not been adequately resolved, please note that the GDPR gives you the right to contact your local data protection supervisory authority, which for the UK, is the Information Commissioner’s Office.

What Personal Data we collect.

All the Personal Data we collect, both from you and from third parties about you, is outlined in the table below.

Category of Personal Data collectedWhat this means
Identity DataFirst name, surname, maiden name, nickname, last name, username or similar identifier, marital status, title, date of birth, gender and any photographs connected with the account, together within any similar types of identity data that we may need to collect to provide you with the Acorn service. In addition, where you use Acorn for your children, we will also collect this information about those children – your children’s data is collected either when you sign-up for an Acorn account or when you make a booking for them.
Contact DataYour contact details, which may include your home address, work address, billing address, email address and telephone numbers.
Financial DataYour financial and payment data that is needed to provide you with the Acorn service (including booking Activities via the Site/Application), which may include your bank account and payment card details.
Booking DataAny details about current and historic Activities you may have booked with Activity Providers.
Review DataIf you provide any Personal Data in your reviews of any Activity.
Notification Preference DataYour preferences in receiving notifications concerning Activities that we think you may be interested in booking.
Communications DataAny communications you send us or make via the Site/Application. For example when you report a problem to us, correspond with an Activity Provider or submit queries, concerns or comments regarding the Site/Application and information collected by surveys that we may run from time to time (if you choose to respond to or participate in them).
Behavioural DataInferred or assumed information relating to your behaviour and interests (including Activities and/or Activity Providers you may be interested in), based on your online activity (including your activity on the Site/Application).
Technical DataInternet protocol (IP) address, your log-in data, browser type and version, time zone setting, similar automatically-collected technical data and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Site/Application or use our services.
Location DataWhere you give us permission to do so, we will track your real time location in order to make sure you see Activities that are available to you in your area.

No Special Categories of Personal Data

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. Given the sensitivity of these categories of Personal Data, we would recommend that you do not provide these types of Personal Data to us or otherwise include them in your Communications Data.

How we use your Personal Data and why.

We will only use your Personal Data for the purposes for which we collected it as listed below, 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 update this Privacy Policy and we will explain the legal basis which allows us to do so.

What is our “legal basis” for processing your Personal Data?

In respect of each of the purposes for which we use your Personal Data, the GDPR requires us to ensure that we have a “legal basis” for that use. We have set out below, in a table format, the legal bases we rely on in respect of the relevant Purposes for which we use your Personal Data.

PurposeWhy do we do thisOur legal basis for this use of data
To provide the Acorn serviceThis processing is necessary to perform the contract governing our provision of the Acorn service (including, amongst other things, creating/maintaining your account and passing your information to Activity Providers you make bookings with).Contractual Necessity – we need to process Personal Data for these purposes in order to provide you with the Site / Application and associated Acorn services.
Compliance, fraud prevention and safetyWe use your Personal Data as we believe necessary or appropriate to:

  • Enforce the terms and conditions that govern the use of the Site/Application;
  • Protect our rights, privacy, safety or property, and/or that of you or others; and/or
  • Protect, investigate and deter against fraudulent, harmful, unauthorised, unethical or illegal activity.
Compliance with Law – this will be the case where we have to carry out any of these processing activities in order to comply with a legal or regulatory obligation.

Legitimate Interests – it is in our legitimate interests to be able to take appropriate steps to ensure that our services are legally compliant, free of fraud and safe for you, us and our Activity Providers to use.
Troubleshooting and Site/Application improvementTo track issues that might be occurring on our systems, audit the downloading of the Application and data from the Site/Application and improve the layout and/or content of the pages of the Site/Application and customise them for you.Legitimate Interests – it is in our legitimate interests that we are able to monitor and ensure the proper operation of our Site/Application and associated systems and services. Again, we believe this is also of significant importance to our users and Activity Providers.
Activity PromotionWe use this Personal Data to form a view on those Activities we think you might be interested in booking. This may include research on our users’ demographics. This is how we decide which services and offers may be relevant for you.Legitimate Interests – we have a legitimate interest in making sure that our users are able to see the full breadth of the Activities that may be available to them, particularly where we can see that you have shown interest in similar Activities before. We think this also makes Acorn a better service for our users and Activity Providers.
Location ServicesBeing able to make sure you see Activities that are available to you in your area is dependent on us knowing where you are.Your consent – we only collect Location Data with your explicit, opt-in permission, which is given when you click to grant the Site/Application permission to collect this information. This can be withdrawn by altering these permissions.

Legitimate Interests – if you don’t give us your consent to collect Location Data or you withdraw it, we will use city-level location information (inferred from your IP address) to make sure you see Activities in your rough area. We do this to improve our service and ensure you are presented with relevant Activities.
Aggregated Data creationWe may also create, use and share “Aggregated Data” (such as statistical or demographic data) for any purpose. Aggregated Data may be derived from your Personal Data, but once in aggregated form it will not constitute Personal Data for the purposes of the GDPR as this data does not directly or indirectly reveal your identity.Legitimate Interests – we have a legitimate interests in creating Aggregated Data to use and share for our own business purposes.

What happens when you do not provide necessary Personal Data?

Where you fail to provide Personal Data that we need to process based on Contractual Necessity or for the purposes of Compliance with Law, we may not be able to perform the contract we have or are trying to enter into with you (for example, we may not be able to open your account, we may have to close your account, you may not be able to book Activities etc).

Personal Data from Third Party Sources

In addition to the Personal Data that we collect directly from you (as described in the section immediately above this one), we may also collect your Personal Data from third party sources. Please note that none of these third party sources are generally available to the public.

As examples, we may receive your Personal Data from Activity Providers, as well as our other trusted partners (including, any social media networks you use to register for and log in to the Site/Application, our marketing partners who provide us with Personal Data about potential users and security partners who provide us with Personal Data to protect against fraud and information security risk).

Who we share your Personal Data with.

The table below describes who we share your Personal Data with, what we share and why we share it. We may transfer your data to parties based outside the European Economic Area (“Europe”). We endeavour to ensure that people to whom we provide Personal Data hold it subject to appropriate safeguards and controls. Whenever we transfer your Personal Data out of Europe, we seek to make sure a similar degree of protection is afforded to it by ensuring at least one of the safeguards required by the GDPR is in place (e.g., putting in place EU-issued Standard Contractual Clauses with the recipient or (for U.S.-based recipients) ensuring they are part of the EU-U.S. Privacy Shield).

RecipientsWhy we share it
Our AffiliatesOur affiliates help us provide our service and help manage our customer relationships (including providing customer support, customer liaison etc.).
Activity ProvidersOur registered Activity Providers require your data in order to deliver their services (including sending service updates, notices of cancellation, and marketing communications).
Our payment processorsWe engage third parties to process your payments for Activities paid for via the Site/Application.
Our hosting providerWe outsource the hosting of the Site and associated servers. This means that all categories of Personal Data that we process will be held and stored on the servers of our hosted service provider.
Other service ProvidersOur service providers provide us with IT and system administration services.
Marketing partnersTo enable our marketing partners to best help us develop and grow our business, and to inform our marketing strategy.
Professional advisersOur lawyers, bankers, auditors and insurers provide consultancy, banking, legal, insurance and accounting services.
HM Revenue & Customs, regulators and other authoritiesAuthorities may require reporting of processing activities in certain circumstances
Partners in corporate transactionsWe may disclose Personal Data to third parties to whom we may choose to sell, transfer, or merge all or any parts of our business or our assets. If we undergo a change like this to our business, then the new owners may use your Personal Data in the same way as set out in this Privacy Policy.

How we keep your Personal Data secure.

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.

We limit access to your Personal Data to those employees and other staff who have a business need to have such access. All such people are subject to a contractual duty of confidentiality.

We have put in place procedures to deal with any actual or suspected Personal Data breach. In the event of any such breach, we have systems in place to work with applicable regulators. In addition, in certain circumstances (e.g., where we are legally required to do so) we may notify you of breaches affecting your Personal Data.

How long we store your Personal Data.

We are committed to only keeping your Personal Data for so long as we reasonably need to use it for the purposes for which it was originally collected or another compatible purpose. This general rule applies unless a longer retention period is required by law (for example for regulatory purposes).

In respect of the Personal Data we process to provide you with the Site/Application platform and associated services, we will only keep this Personal Data for so long as you have an open account with Acorn. When you close your account, we will promptly delete or irreversibly anonymise your Personal Data.

Please note that this data retention framework does not apply to Aggregated Data, which we may store for a longer period of time.

Our policy on children.

The Site/Application is not intended for children below 18 and we do not knowingly collect data relating to such children.

When you register for an Activity, we need you to provide the Identity Data for the child for whom this activity is being booked, so that we can pass it on the relevant Activity Provider and store it on your Acorn account. As you have confirmed when registering for an Acorn account, you are agreeing that you hold parental responsibility over that child or you have been properly authorised by the holder of parental responsibility over the child to give us this Identity Data to use for these purposes.

Third party links.

The Site/Application 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 your Personal Data. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site/Application, we encourage you to read the privacy policy of every site you visit.

Cookies and other technologies.

When you interact with the Site or Application, we try to make that experience simple and meaningful. When you visit the Site or access or use the Application, a web server sends a cookie or other similar technology to your computer or mobile device (as the case may be). Cookies are small pieces of information which are issued to your computer or mobile device (as the case may be) when you visit a website or access or use a mobile application and which store and sometimes track information. A number of cookies we use last only for the duration of your web or Application session and expire when you close your browser or exit the Application. Other cookies are used to remember you when you return to the Site/Application and will last for longer.

The cookies and/or other similar technologies we use collect information, such as the type of internet browser or mobile device you use, any website from which you have come to the Site/Application, your IP address and/or the operating system of your computer or mobile device.

We use cookies and/or other similar technologies to:

  • remember that you have visited us before – this means we can identify the number of unique visitors we receive, which allows us to make sure we have enough capacity for the number of users that we get;
  • customize elements of the promotional layout and/or content of the pages of the Site and Application; and
  • collect statistical information about how you use the Site and Application (including how long you spend on the Site and/or Application) and where you have come to the Site and/or Application from, so that we can improve the Site and learn which parts of the Site and which functions of the Application are most popular with users.

Some of the cookies used by the Site and Application are set by us, and some are set by third parties who are delivering services on our behalf.

Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser or mobile device. Please note, however, that by blocking or deleting cookies used on the Site or Application, you may not be able to take full advantage of the Site or Application.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track some of your online activities over time and across different websites. The Site and Application do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Site or Application and after you leave the Site or Application.

Aludio Technologies Limited t/a Acorn, 2018