Privacy Policy – KindyNow Pty Ltd

 

1. Introduction

1.1 The KindyNow mobile application (Mobile App) is owned and operated by KindyNow Pty Ltd ACN 165 364 509 (KindyNow, we or us).

1.2 KindyNow has entered into an agreement with the childcare centre (Centre) to assist in the management of attendance by children at the Centre through the Mobile App (Services).

1.3 In providing the Services, KindyNow offers the Mobile App to parents/guardians (Parent) and Centres as a tool for:

  • Centres to communicate with Parents in relation to upcoming bookings for their children and available openings at the Centre.
  • Parents to communicate with a Centre in relation to a child’s attendance at a Centre, including notifying of absences and booking additional daily places; and
  • Parents to communicate with a Centre in relation to the Parent’s rating and review of the Centre and its services.

1.4 In order to provide the Services, KindyNow requires certain information to be provided by Parents and Centres, the treatment of which is covered under this Privacy Policy.

1.5 In this Privacy Policy:

Personal information is any information about a person where their identity is apparent, or can reasonably be ascertained, and includes Sensitive Information (Personal Information).

Sensitive Information is information or an opinion about a person’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, sexual preferences, health or medical information or criminal records (Sensitive Information).

A reference to Personal Information in this Privacy Policy is also a reference to Sensitive Information.

 

2. What this Policy is about

2.1 This Policy explains the key measures we have taken to implement the requirements of the Privacy Act 1988 and the Australian Privacy Principles. KindyNow is committed to ensuring that the privacy of Parents and their children is protected. This Privacy Policy describes how KindyNow collects, uses, discloses and stores Personal Information that is provided by Centres to KindyNow and generated by Parents’ use of the Mobile App.

2.2 We endorse fair information handling practices and use of information in compliance with our obligations under the privacy laws in force in Australia from time to time. Any information provided, including identification of individuals, will be used only for the purpose/s intended or authorised and where the intention includes confidentiality, information will be treated as such unless otherwise required by law.

2.3 This Policy represents the default position that KindyNow will take in its treatment of Personal Information. KindyNow will treat all Personal Information in a manner consistent with this Policy unless a Parent (either directly or through a Centre) has provided their express consent otherwise.

 

3. Collection of Personal Information

3.1 We collect only the Personal Information that is reasonably necessary for us to provide the Services.

Personal Information may be collected:

  • directly from Parents via the Mobile App;
  • via a Centre’s childcare management system (CCMS) when a Centre provides information to KindyNow for the purposes of enabling KindyNow to provide the Services; and
  • via a Centre’s CCMS when the Centre provides information to KindyNow for the purposes of the Centre providing services to Parents.

3.3 Where Personal Information is collected from a Centre, KindyNow requires the Centre to have obtained the consent of the Parent for the collection, use, and disclosure of Personal Information by KindyNow as a service provider to the Centre.

3.4 Personal Information collected by KindyNow will primarily include:

  • name of Parent and child and contact details (for example, phone number and email address) for Parent;
  • information about a child’s identity (for example, date of birth and gender);
  • information about the dates a child will be attending a Centre and what room in the Centre a child will be attending;
  • information about the dates and times the child will be absent from a Centre and reason(s) for the absence;
  • information about the booking type (for example, full day) and the fees attributable to the booking;
  • Personal Information in messages sent by Parents to other Parents using the KindyNow parent chat service; and
  • Personal Information in messages sent by a Centre to Parents using the KindyNow push notification service.

3.5 Sensitive Information collected by KindyNow may include:

  • health information (for example, medical history, immunisations, allergies, special needs, disabilities or injuries) – for Parents and child;
  • ethnic or racial origin – for Parents and child;

and could extend to other categories of information designated as sensitive information under the Privacy Act 1988.

 

4. Use of Personal Information

4.1 KindyNow may use Personal Information for the following purposes:

  • facilitating the provision of services by a Centre to Parents;
  • providing Services to Parents and Centres and conducting our business;
  • the operation, administration, development or enhancement of the Mobile App;
  • research, planning, product and service development and security and testing (including in relation to the Mobile App); and
  • any other purposes required or authorised by law or for which the Parent (either directly or through a Centre) has provided specific consent.

4.2 KindyNow may use a Parent’s Personal Information (i.e. their contact details including name, address, phone number and email address) to direct market to Parents and may also provide a Parent’s Personal Information to third party organisations for their direct marketing purposes. A Parent will always have the option to ‘opt out’ of receiving direct marketing materials from KindyNow and third party organisations in each direct marketing communication.

4.3 A Parent may request KindyNow not to use or disclose their Personal Information for the purpose of direct marketing or to facilitate direct marketing by other third party organisations. KindyNow will give effect to any such request by a Parent within a reasonable period of time and at no cost to the Parent.

 

5. Disclosure of Personal Information

5.1 The parties may share Personal Information with employees, subcontractors, suppliers and affiliates of KindyNow on a need to know basis. Access to Personal Information will be revoked within a reasonable timeframe of access no longer being required.

5.2 Occasionally, KindyNow may also use Personal Information for other purposes or share Personal Information with an organisation because:

  • we believe it is necessary to protect the rights, property or personal safety of a Parent or child;
  • we believe it is necessary to do so to prevent or help detect fraud or serious credit infringements - for example, we may share information with other, credit reporting agencies, law enforcement agencies and fraud prevention units; or
  • we believe it is necessary to protect the interests of KindyNow – for example, disclosure to a Court in the event of legal action to which KindyNow is a party.

5.3 As set out in clause 4.2 of this Policy, KindyNow may also disclose Personal Information to third party organisations for their direct marketing purposes.

5.4 When we share information with other organisations and service providers as set out above, we do so in accordance with this Policy. To the extent that these organisations and service providers gain access to Personal Information, their use is governed by the rules set out in the Privacy Act 1988.

 

6. Cookies

6.1 We wish to provide Parents with a positive user experience. To do so, KindyNow may use ‘cookies’ to collect information through our websites (www.kindynow.com, dashboard.kindynow.com and app.kindynow.com) and the Mobile App. 'Cookies' are alphanumeric identifiers that are stored by the web browser on a computer's hard-drive that enable our system to recognise a visitor to the website or the Mobile App.

6.2 Cookies help KindyNow to track basic visitor information on our websites for the purposes of optimising the design of our systems and optimising our marketing activities. We may also use memory-based cookies in support of authenticating the user of the Mobile App. Cookies may also be used so we can provide personalised information to Parents based on preferences they have indicated by using the Mobile App.

6.3 Most web browsers automatically accept cookies and this function can be disabled by changing the browser settings of the user. However, if Parents reject cookies they may not be able to utilise KindyNow services that require registration.

 

7. Confidentiality and Data Security

7.1 The Mobile App has been built with modern, best-practice web development methods, with security a foremost consideration. Personal Information collected is stored on secure servers in Australia, except that any Personal Information contained in messages between Parents and KindyNow using the KindyNow ‘Help’ feature which may be transferred overseas (to the USA). KindyNow will use best endeavours to ensure that overseas third parties receiving any Personal Information comply with Australian privacy law.

7.2 We take all reasonable steps to manage data stored on our servers to ensure data security and to prevent the loss, misuse or alteration of Personal Information.

7.3 Physical, electronic, and procedural safeguards have been implemented in order to protect Personal Information, however, although we take all care to respect and protect Personal Information, we will not accept any responsibility for any unauthorised use.

7.4 Some information that a Parent provides to KindyNow and that KindyNow provides to a Parent via the Mobile App may be stored on the Parent’s mobile device. Personal Information stored on a mobile device is not controlled by KindyNow and it is the Parent’s responsibility to ensure that information is protected from loss or misuse.

 

8. Retention and Disposal of Personal Information

8.1 We will retain Personal Information of Parents and their child for as long as is required to provide the Services and to comply with legal requirements.

8.2 If we no longer require Personal Information for any purpose, including legal purposes, we will take reasonable steps to securely destroy or permanently de-identify the Personal Information.

8.3 Personal Information is backed up frequently and tested regularly in line with KindyNow’s standard backup procedures. Personal Information that has been deleted may therefore persist within backups for a period of time after which it falls outside the backup rotation.

 

9. Access to Personal Information

9.1 Parents can access the Personal Information held about them or their child at any time. The Parent may contact us to make a request at help@kindynow.com.

9.2 We will always endeavour to meet requests for access. However, in some circumstances we may decline a request for access. This includes the following circumstances:

  • we no longer hold or use the information;
  • providing access would have an unreasonable impact on the privacy of other persons;
  • the request is frivolous or vexatious;
  • the information relates to existing or anticipated legal proceedings and would not normally be disclosed as part of those proceedings;
  • providing access would be unlawful;
  • providing access would be likely to prejudice the detection, prevention, investigation and prosecution of possible unlawful activity; and
  • the information would reveal a Centre’s commercially sensitive information.

9.3 If we decline a request for access, we will provide reasons for our decision when we respond to the request.

9.4 We reserve the right to charge Parents a reasonable fee for access to their or their child’s Personal Information. These charges will be limited to the cost of recouping our expenses for providing the Personal Information, such as document retrieval, photocopying, labour and delivery.

 

10. Changing or deleting Personal Information

10.1 We will take reasonable steps to ensure that Personal Information is accurate, complete and up-to-date at the time of collecting the Personal Information from a Parent or a Centre, using or disclosing the Personal Information, or during other interactions with the Parent or the Centre.

10.2 If a Parent otherwise believes that any Personal Information we hold about them or their child is inaccurate, the Parent may contact us to make a request at help@kindynow.com. We will do our best to correct the Personal Information or dispose of it in accordance with this Policy.

 

11. Contact Information and Changes to Privacy Policy

11.1 If a Centre has any further queries relating to KindyNow’s Privacy Policy, please contact us at help@kindynow.com. If KindyNow becomes aware of any ongoing concerns or problems with a Parent or their child’s Personal Information, we will take these issues seriously and work to address these concerns.

11.2 From time to time, our policies will be reviewed and may be revised. KindyNow reserves the right to change this Policy at any time.

 

Last reviewed: June 2017