PRIVACY POLICY
Introduction
TickleTec Limited ("We") are committed to protecting and respecting your privacy. This privacy policy was last updated in May 2018 in line with the new General Data Protection Regulation (GDPR) (EU) 2016/679
This policy (together with our Terms and Conditions and any other documents referred to on it) explains in detail the types of personal data we may collect from you when you interact with us. It also explains how we’ll store and use that data, and how we’ll keep it safe. This policy also details your rights, and other useful privacy and security related matters. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
Who is the Data Controller?
The data controller is TickleTec Limited of 1, Malthouse Cottages, Chanctonbury Ring Road, Wiston, Steyning, West Sussex BN44 3DP UK.
Do we have a Data Protection Officer (DPO)?
Yes, TickleTec Limited have appointed a Data Protection Officer (DPO). They can be reached at enquiries@tickleflex.com or via our Customer Services department.
Information we may collect from you
Certain categories of information collected by TickleTec are necessary to use our Services, such as the information you must provide when transacting with us. This information may include, but is not limited to your name, postal address, e-mail address, phone number, credit/debit card details, and any other details as might be requested from you for the purpose of account application and/or continued use of our Services. We may also collect information from you if you request information or customer support.
When you use our Services, we may collect the following data about you:
· Information that you provide by filling in forms on our site www.tickleflex.com ("our site"). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
· If you contact us, we may keep a record of that correspondence.
· We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
· Details of transactions you carry out with us and of the fulfilment of your orders.
· Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
Online Data
We may collect information about your computer, including where available your IP address, operating system, location data and browser type, as well as pages visited and content viewed, links and buttons clicked, and URLs visited before you use our Service. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
Cookies
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
How we use your information
We mainly rely on three separate bases to lawfully process your information.
Firstly, we need to process your information to provide our Services to you, in accordance with our Terms of Business. This processing is necessary to perform the contract between you and us. Secondly, where you have given us consent to use your information in certain ways, we will rely on your consent. Thirdly, as described in more detail below, we may process your information where necessary to further our legitimate interests, where those legitimate interests are not overridden by your rights or interests. Occasionally, TickleTec may rely on other legal bases such as to comply with a legal obligation.
In order to deliver, personalise and improve our Services, we combine and use the information that we have about you to understand how you use and interact with our Services. We may also use information held about you for the following purposes:
· To ensure that content from our site is presented in the most effective manner for you and for your computer.
· To provide you with information, products or services that you request from us or which we feel may interest you.
· To carry out our obligations arising from any contracts entered into between you and us.
· To allow you to participate in interactive features of our service, when you choose to do so.
· To notify you about changes to our service.
We may also use your data to provide you with information about goods which may be of interest to you, and we may contact you about these by post, e-mail or telephone. We will only contact you with information about goods similar to those which were the subject of a previous sale to you. We will do this during the period of your relationship with us and, unless specifically instructed otherwise by you, for a reasonable period of time after the relationship has ended in order to inform you about products, services, promotions and special offers which we think may be of interest to you.
If we send you a marketing email, it will include instructions on how to opt out of receiving these marketing communications in the future. Please remember that even if you opt out of receiving marketing emails, we may still send you important product information.
Except where we use your personal data for marketing purposes on the basis of your prior consent and subject to any opt out instructions, we process personal data for marketing purposes as necessary for the purpose of our legitimate interests in promoting our products and services.
How your information is shared
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
· In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
· If TickleTec Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of TickleTec Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Your Rights
Under the General Data Protection Regulation (GDPR), you, as a data subject have a number of rights which are detailed below. Some of these only apply in specific circumstances and are qualified in several respects by exemptions in data protection legislation. We will advise you in response if we are relying on any such exemptions.
· Access to your personal data: You have the right to request a copy of the personal information that we hold about you. Should you wish to make such a request, please email enquiries@tickleflex.com or see the Contact Us section of our website for more information on how to contact us. You should include adequate information to identify yourself. Your request will be dealt with as soon as possible.
· Correction of personal data: You can request us to rectify and correct any personal data that we are processing about you which is incorrect. Should you wish to make sure a request, please email enquiries@tickleflex.com or see the Contact Us section of our website for more information on how to contact us.
· Right to withdraw consent: To opt out of marketing, you can use the unsubscribe link found in the marketing communication you receive from us.
· Right of erasure: You can request us to erase your personal data where there is no compelling reason to continue processing. This right only applies in certain circumstances.
· Right to data portability: This right allows you to obtain your personal data that you have provided to us with your consent or which was necessary for us to provide you with our Services in a format which enables you to transfer that personal data to another organisation. You may have the right to have your personal data transferred by us directly to the other organisation, if this is technically feasible.
· Right to restrict processing of personal data: You have the right to object to our use of your personal data which is processed on the basis of our legitimate interests. However, we may continue to process your personal data where there are compelling legitimate grounds to do so or we need to process the data in connection with any legal claims.
· Rights related to automated decision making and profiling: You have the right not to be subject to a decision which is based solely on automated processing (without human involvement) where that decision produces a legal effect or otherwise significantly affects you. This right means you can request that we involve one of our employees or representatives in the decision-making process. We are satisfied that we do not make automated decisions of this nature.
How to contact us
For any requests related to your personal information or any of your rights referenced above, you can contact us by:
Telephone: + 44 (0) 1293 516150
Email: enquiries@tickleflex.com
Post: TickleTec Ltd, c/o Opus Innovations Ltd, Unit 12 The Brunel Centre, Newton Road, Crawley, West Sussex, RH10 9TU, UK
Last updated 25th May 2018
TERMS & CONDITIONS
This document (together with the documents referred to on it) provides information about us and the legal terms and conditions (“the Terms”) on which we sell our products (“the Products”) listed on our website (“the Site”) to you.
The use of the Site is subject to the following Terms and is conditional on your acceptance of these Terms. Any conditions stated on the Site do not affect your statutory rights as a consumer.
These Terms will apply to any contract between us for the sale of Products to you (“the Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Site.
We amend these Terms from time to time as set out in clause 7. Each time you order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1 Information about us
1.1 We operate the websites www.tickletec.com , www.tickletek.com, www.tickleflex.co.uk and www.tickleflex.com . We are TickleTec Limited, a company registered in England and Wales under company number 10219703 and with our registered office at 1, Malthouse Cottages, Chanctonbury Ring Road, Wiston, Steyning, West Sussex BN44 3DP UK
1.2 To contact us, please email: info@tickletec.com
2 Products
2.1 The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on the Site.
2.3 All Products shown on the Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3 Use of the Site
3.1 Your use of the Site is governed by these Terms. Please take the time to read them, as they include important terms that apply to you.
4 How we use your personal information
4.1 We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
5 Your rights as a consumer
5.1 As a consumer, you may only purchase Products from the Site if you are at least 16 years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6 How the contract is formed between you and us
6.1 After you place an order, you will receive an e-mail acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when your products are dispatched.
6.2 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Site as referred to in clause 11.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7 Our right to vary these terms
7.1 We may revise these Terms from time to time in the following circumstances:
7.1.1 changes in how we accept payment from you; or
7.1.2 changes in relevant laws and regulatory requirements.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the bottom of this page.
8 Your consumer right of return and refund
8.1 As a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of:
8.2.1 any made-to-measure or custom-made products; or
8.2.2 software, DVDs or CDs which have a security seal which you have opened or unsealed.
8.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of seven working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.4 To cancel a Contract, you must contact us either in writing by sending an e-mail to enquiries@TickleTec.com or by sending a letter to TickleTec Ltd, 1, Malthouse Cottages, Chanctonbury Ring Road, Wiston, Steyning, West Sussex BN44 3DP UK or alternatively, please contact our Customer Services telephone line on 01903 815718. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
8.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.4. If you returned the Products to us because they were faulty or mis-described, please see clause 8.6.
8.6 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.7 We refund you by the method used by you to pay.
8.8 If the Products were delivered to you:
8.8.1 you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
8.8.2 unless the Products are faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you;
8.8.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
8.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9 Delivery
9.1 Your order will be fulfilled within fourteen working days, unless there is an Event Outside Our Control, as defined in clause 14.2. If we are unable to meet the above timescale because of an Event Outside Our Control, we will contact you.
9.2 Delivery will be completed when we deliver the Products to the address you gave us.
9.3 If no one is available at your address to take delivery, (if applicable) we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
9.4 The Products will be your responsibility from the completion of delivery.
9.5 You own the Products once we have received payment in full, including all applicable delivery charges.
10 International delivery
10.1 We have distributers who supply our products in various countries. For a full list of countries in which our products are sold, please see our ‘Where to Buy’ or stockists page
11 Price of products and delivery charges
11.1 The prices of the Products will be as quoted on the Site from time to time. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges unless otherwise stated. Our delivery charges are as quoted on the Site.
11.5 It is always possible that, despite our best efforts, some of the Products on the Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will notify you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12 How to pay
12.1 You can only pay for Products as facilitated on the Site.
12.2 Payment for the Products and all applicable delivery charges is in advance.
13 Our liability to you as a consumer
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 We generally supply the Products through the Site for domestic and private use. Unless known and agreed, you agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
13.3.1 death or personal injury caused by our negligence;
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
13.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
13.3.5 defective products under the Consumer Protection Act 1987.
14 Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or failure by a shipping, forwarding or postage agent to meet its delivery timescale.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
14.3.1 we will contact you as soon as reasonably possible to notify you; and
14.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15 Communications between us
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
15.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by either sending an e-mail to info@tickletec.com or by sending a letter to TickleTec Ltd, 1, Malthouse Cottages, Chanctonbury Ring Road, Wiston, Steyning, West Sussex BN44 3DP UK. or alternatively, please contact our Customer Services telephone line 01903 815718. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
15.2.1 If you wish to contact us in writing for any other reason, you can send this to us by e-mail to info@tickletec.com or by pre-paid post to TickleTec Ltd, 1, Malthouse Cottages, Chanctonbury Ring Road, Wiston, Steyning, West Sussex BN44 3DP UK or alternatively, please contact our Customer Services telephone line 01903 815718
15.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
16 Other important terms
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 These Terms are governed by English law. This means a Contract for the purchase of Products through the Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
16.7 We will not file a copy of the Contract between us.
Last updated 25th May 2018
