ABOUT US
At Poncho Care Limited, we are committed to respecting your privacy. This Privacy Policy explains how we collect, use and disclose personal information that we receive when you use our PonchoPay platform (whether through our website, www.ponchopay.com, or the PonchoPay app or through one of our provider partners), visit our website, use our services, or communicate with us, both on this website and offline as a customer or potential customer.
It is important that you read this Privacy Policy so that you are fully aware of how and why we are using your data.
When we refer to the“Company”, “we”, “us” or “our” in this Privacy Policy, we are referring to Poncho Care Limited, which is registered as a data controller with the Information Commissioner’s Office under data protection registration number ZA793696.
When we refer to “Poncho” or "PonchoPay" in this Privacy Policy, we are referring to our website, www.ponchopay.com and the PonchoPay platform which is accessible from our website & our web app https://pay.ponchopay.com/.
CONTACTING US
If you have any questions about our Privacy Policy or your information, or to exercise any of your rights as described in this Privacy Policy or under data protection laws,you can contact us as follows:
Poncho Care Limited
FAO: Ben Prouty, 167-169, Great Portland Street, 5th Floor, London W1W 5PF
By email: help@ponchopay.com
Data Protection Principles
We adhere to the following principles when processing your personal information as data controller:
PERSONAL INFORMATION WE COLLECT
Information you give us when using PonchoPay.
When registering or using a PonchoPay account, you must provide us with email address. Other optional information that you may add to your account includes name, card details, your needs and interests,children's ages, your local area, address, phone number and job title.
You must also provide us with certain personal information when you access certain services or book an activity. For example, you may need to provide your payment card details if you are purchasing the activity. Where applicable for bookings involving your children, you may be required to provide your children’s names and age (this is optional if the activity provider permits bookings to be made in the parent's name instead).
Where an Instant Checkout feature is offered on PonchoPay for Childcare Vouchers or Tax-Free Childcare Funds, you can elect to store your user credentials for accessing your account with your childcare voucher provider or your tax-free childcare funds with PonchoPay so that for the booking in question and subsequent bookings, you can arrange transfer of your childcare vouchers or tax-free childcare funds through PonchoPay with instant checkout only.
Payment information
We use a third party payment processor, Adyen, to handle payments for us on PonchoPay. This means that we do not retain your debit or credit card information. Instead, PonchoPay enables you to provide these details directly to Adyen. Adyen’s privacy policy can be found here.
Information you give us in your other dealings with us
In addition, you may provide us with information by email, over the phone or when you otherwise contact us. For example when:
1. you request additional information about our business or ask us to contact you;
2. we provide our services to you and/or enter into transactions with you; or
3. you send any other information about you to us.
The categories of personal information you provide may include first and last name, address, phone number and email address.
We do not generally seek to collect sensitive personal information through PonchoPay or as part of our business transactions. Sensitive personal information is information relating to racial or ethnic origin; political opinions; religious or philosophical beliefs; trade-union membership; health;sex life, sexual orientation; or genetic or biometric information. If we do collect sensitive personal information, we will ask for your explicit consent to our proposed use of that information at the time of collection.
Information we collect from you
We collect, store and use information about your visits to and use of PonchoPay, and about your computer, tablet, mobile or other device through which you access PonchoPay. This includes the following information:·
1. details of transactions you carry out through PonchoPay;
2. technical information, including the Internet protocol (IP) address, browser type,internet service provider, device identifier, your login information, time zone setting, browser plug-in types and versions, preferred language, activities,operating system and platform, and geographical location; and
3. information about your visits and use of the website, including the full Uniform Resource Locators (URL), clickstream to, through and from our website, pages you viewed and searched for, page response times, length of visits to certain pages,referral source/exit pages, page interaction information (such as scrolling,clicks and mouse-overs), date and time pages are accessed, and website navigation and search terms used.
Aggregated Data
We may also collect, use and share “Aggregated Data” such as statistical or demographic data for any purpose. For example, we may use Aggregated Data to publish report on trends in the usage of PonchoPay and our applications and services. Aggregated Data could be derived from your personal information but is not considered personal information as this data will not directly or indirectly reveal your identity.
Children
PonchoPay is a platform aimed at parents and young adults. It is not intended for or directed at children under the age of 18 years. When using PonchoPay, parents have the option of providing their children’s names to us. Children’s names are used by us for the purpose of reconciling bookings made by the parents only. Other than this, we do not knowingly collect information relating to children under the age of 18 years.
WHAT WE DO WITH YOUR PERSONAL INFORMATION
As data controller, we will only use your personal information if we have a legal basis for doing so. The purpose for which we use and process your information and the legal basis on which we carry out each type of processing is explained in the table below.
Legal Basis for the processing
Purposes for which we will process the information
To enable you to register an account on, access and use PonchoPay and to allow us to supply services to you.
It is necessary for us to process your personal information in this way in order to enter into a contract with you and to fulfil our contractual obligations to you.
To arrange the booking, and payment of activities, as requested by you on PonchoPay.
It is necessary for us to process your personal information in this way in order to enter into a contract with you and to fulfil our contractual obligations to you.
To carry out our obligations arising from any contracts entered into with you, and to perform our services for you.
It is necessary for us to process your personal information in this way in order to enter into a contract with you and to fulfil our contractual obligations to you.
To send you promotional materials and other materials that may be of interest to you, including information about PonchoPay, us, our services, events or general promotions
It is necessary for our legitimate interests to develop our services and grow our business. To ensure we offer an efficient service, we consider this use to be proportionate and will not be prejudicial or detrimental to you. You can unsubscribe or opt-out from receiving these communications at any time by clicking the “unsubscribe” link in the email.
To provide you with information and materials that you request from us.
It is in our legitimate interests to respond to your queries and provide any information and materials requested in order to generate and develop business.
To manage payments, fees and charges and collect and recover money owed to us; to communicate about billing issues; or to enforce any contracts entered into with you.
It is in our legitimate interests to process your personal information in this way in order to perform or enforce our contract with you.
To send you information regarding changes to our policies, other terms and other administrative information such as reminders, technical notices, updates and security alerts.
It is in our legitimate interests to ensure that any changes to our policies, terms and other such technical updates are communicated to you.
To: administer our website including resolving technical issues, troubleshooting, data analysis, testing, research,statistical and survey purposes; and improve our website to ensure that content is presented in the most effective manner for you and your computer, mobile device or other item of hardware through which you access PonchoPay.
For both these categories, it is in our legitimate interests to continually monitor and improve our services and your experience of the website and platform and to ensure network security.
To help create and maintain a trusted and safe environment on the website and platform by, among other things, detection and prevention of fraud and other harmful activity,conducting investigations and risk assessments, verifying any identifications provided by you, and conducting checks against databases and information sources for fraud detection and prevention, risk assessment and harm prevention purposes.
It is in our legitimate interests to carry out such checks to ensure prevention against fraud and other harmful activity and that our website and platform is safe and secure.
Generally, we do not rely on consent as a legal basis for processing your personal information although we may need your consent before sending direct marketing communications to you via email or text message where you are not an existing user. Where you provide consent, you can withdraw your consent at any time and free of charge, but without affecting the lawfulness of processing based on consent before its withdrawal. You can update your details or change your privacy preferences by contacting us as provided in the Contacting Us section above.
DISCLOSURE OF YOUR PERSONAL INFORMATION TO PONCHOPAY PARTNERS
PonchoPay is a platform for childcare and children’s activity providers (“PonchoPay Partners”), and their customers, which assists with the processing of booking and payment for activities with Childcare Vouchers, Tax-Free Childcare Funds and Card Payments. We will disclose your email address and any additional information shared by you to the PonchoPay Partner for the purpose of booking an activity with such PonchoPay Partner. The PonchoPay Partner will have its own privacy policy which should set out how the Provider will use your personal information. We do not accept any responsibility or liability for this policy. Please check the PonchoPay partner’s policies before you submit your request.
DISCLOSURE OF YOUR PERSONAL INFORMATION TO OTHER THIRD PARTIES
We will not sell, rent, lease or otherwise share your personal information other than as outlined in this Privacy Policy or without obtaining your consent beforehand.
We will share your personal information with any member of our group of companies insofar as reasonably necessary for the purposes set out in this Privacy Policy.
Personal information will also be shared with our third party service providers who assist with the running of PonchoPay and the operation of our business and who process personal data on our behalf, including third party hosting providers and payment processors.
Name
Purpose
Location
Segment
Platform usage data aggregator. To streamline and pre-process capture of usage analytics. To improve the platform and the experience.
USA
Mixpanel
Platform usage analytics. To improve the platform and the experience.
EU
Auth0
To handle platform authentication. Sensitive data (passwords, login info), are stored in a highly secure environment and do not touch our servers.
EU
SendGrid
For email automation, of transactional emails such as login and booking.
USA
Heroku
Platform hosting and data storage.
EU
Sentry
Platform error logging.
USA
Hubspot
Sales CRM and Marketing
USA
Intercom
Customer support live chat (web app)
USA
To run ads, generate publicity and get leads for PonchoPay
Ireland,USA
Adyen
Third party payment processor
Netherlands
Mailchimp
Customer relationship management. To send emails about new offers and new features in PonchoPay
USA
Google Cloud Platform
Platform hosting and data storage.
EU
Typeform
To send surveys, get feedback and collect data from users (if required, for e.g. after a booking)
USA, Germany
Our third party service providers and business partners are subject to security and confidentiality obligations and are only permitted to process your personal information for specified purposes and in accordance with our instructions.
In addition, we may disclose information about you:
INTERNATIONAL TRANSFERS
Where we collect personal information from you, it may be necessary for us to transfer your personal information outside of the UK or the European Economic Area (“EEA”) to PonchoPay Partners, our service providers and other business partners located outside the UK or the EEA.
Where personal information is transferred to and stored in a country not determined by the UK or the European Commission as providing adequate levels of protection for personal information, we take steps to provide appropriate safeguards to protect your personal information, including entering into standard contractual clauses approved by the UK or the European Commission,obliging recipients to protect your personal information.
If you would like further information on the specific mechanism used by us when transferring your personal information outside of the UK or the EEA,please contact us using the details set out in the Contacting Us section above.
SECURITY OF PERSONAL INFORMATION
We use appropriate technical and organisational security measures to protect personal information both online and offline from unauthorised use, loss, alteration or destruction. We use physical and procedural security measures to protect information from the point of collection to the point of destruction. Where data processing is carried out on our behalf by a third party, we take steps to ensure that appropriate security measures are in place to prevent unauthorised disclosure of personal information.
Despite these precautions, however, we cannot guarantee the security of information transmitted over the Internet or that unauthorised persons will not obtain access to personal information.
HOW LONG WE KEEP YOUR PERSONAL INFORMATION
We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for,including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
YOUR RIGHTS
ACCESS TO AND UPDATING YOUR PERSONAL INFORMATION
You have the right to access information which we hold about you (“data subject access request”).
You may also have the right to receive personal information which you have provided to us in a structured and commonly used format so that it can be transferred to another data controller(“data portability”). The right to data portability only applies where your personal information is processed by us with your consent or for the performance of a contract and when processing is carried out by automated means.We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate. Please keep us informed if your personal information changes during your relationship with us.
RIGHT TO OBJECT
Direct marketing
You have the right to object at any time to our processing of your personal information for direct marketing purposes.
Where we process your information based on our legitimate interests
You also have the right to object, on grounds relating to your particular situation, at any time to processing of your personal information which is based on our legitimate interests. Where you object on this ground, we shall no longer process your personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
YOUR OTHER RIGHTS
You also have the following rights under data protection laws to request that we rectify your personal information which is inaccurate or incomplete.
In certain circumstances, you have the right to request the erasure of your personal information: this enables you to ask us to delete or remove personal information where there is no good reason for us to continuing to process it (“right to be forgotten”); and restrict the processing of your personal information.
Please note that the above rights are not absolute and we may be entitled to refuse requests, wholly or partly,where exceptions under the applicable law apply. For example, we may refuse a request for erasure of personal information where the processing is necessary to comply with a legal obligation or necessary for the establishment, exercise or defence of legal claims. We may refuse to comply with a request for restriction if the request is manifestly unfounded or excessive.
EXERCISING YOUR RIGHTS
You can exercise any of your rights as described in this Privacy Policy and under data protection laws by contacting us as provided in the Contacting Us section above.
Save as described in this Privacy Policy or provided under data protection laws, there is no charge for the exercise of your legal rights. However, if your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may either: (a) charge a reasonable fee taking into account the administrative costs of providing the information or taking the action requested; or (b)refuse to act on the request.
Where we have reasonable doubts concerning the identity of the person making the request, we may request additional information necessary to confirm your identity.
LINKS
The website contains links to and from the websites of PonchoPay Partners and our other business partners, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these websites.
COMPLAINTS
If you have any questions or concerns regarding our Privacy Policy or practices, please contact us as provided in the Contacting Us section above. You also have the right to complain to the UK Information Commissioner’s Office (https://ico.org.uk/). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
CHANGES TO OUR PRIVACY POLICY
We reserve the right to change this Privacy Policy from time to time. Any changes will be posted on the website with an updated revision date. If we make any material changes to this Privacy Policy, we may notify you by email or by means of a prominent notice on the website prior to the change becoming effective.
Date: 11-10-2023
