2. Collection and Storage of Personal Information and Data
We may collect personal information (being information about a person from which their identity is apparent or can reasonably be determined). This information can include names, dates of birth, email addresses, home and work addresses, telephone numbers and photographs. It can also include such information (where applicable) about a child. We will collect such information by lawful and fair means and not in an unreasonably intrusive way. We may collect personal information in circumstances including:
- From you directly when you provide information to us (whether face to face or otherwise);
- When an individual signs up or registers to use the Application;
- When a photograph of an individual is loaded into the Application;
- If materials created by a child include such personal information and are loaded into the Application by the child or other persons authorised by the child’s parent or guardian to do so;
- In relation to a child, from that person’s parent or guardian, family member or Early Childhood Provider at a centre using the Application, or a professional care provider who has registered to use the Application;
- In respect of sensitive information (as defined in privacy legislation) when such information is submitted in relation to a child or an adult in posts made by Users through the Application;
- When you enter into a transaction with us using a credit card or method of payment other than cash;
- When you interact with us on social media, visit our website and send an enquiry through or make a comment or other post at the Website;
- When you sign up or subscribe to an email marketing list;
- When we meet with an organisation wishing to do business with us (and an individual from that organisation provides personal information about themselves); and
- When evaluating job applicants and personnel which may include collection of details such as employment history and educational qualifications. This may include “sensitive information”.
3. Use of Personal Information
We use personal information about you or your child for the purpose it was provided or collected, including in the following ways:
- For the purposes of the collection described in (2) above;
- To respond to enquiries received from you;
- To perform authorised financial transactions with you and to help us to manage our accounts and administrative services;
- To verify your identity;
- To communicate with you and provide you (including through functionality provided with an Application) with information (whether by email, post or other means) about our services, where you have requested or consented to receiving this from us or where this provision is otherwise permitted under the relevant legislation including under the Australian Privacy Principles, the Privacy Act 1993 (NZ), the Personal Information Protection and Electronic Documents Act (Canada) and other applicable legislation.
- To notify you about changes to our services;
- To receive and address feedback or complaints from you;
- To protect our legal interests and fulfil our regulatory obligations (if and to the extent necessary); and
- In other circumstances, with your prior consent.
All those with whom we interact have the option to opt-out of receiving marketing communications from us. If you do not wish to continue to receive electronic marketing communications from us and/or selected third parties you should opt-out by clicking on the “unsubscribe” link in any email communications that we might send you. You acknowledge that some features of the Application may involve us providing through the Application recommendations or suggestions for goods, services or benefits that we offer.
We may use personal information for the purpose of marketing but only where such use complies with privacy legislation in effect in the relevant territory. We may, subject to legislative requirements, send occasional emails to you in relation to our current or future services. Any such emails will contain an unsubscribe link, enabling you to opt-out of these messages.
We take steps to regularly destroy data (being personal information and sensitive information) that does not need to be archived and to de-identify stored data where identification of a person is not reasonably required or necessary.
4. Disclosure of Personal Information
We will not sell your Personal Information to anyone. We share your Personal Information outside our organisation for limited purposes, such as to help us run our business and provide services. Those persons and business include:
- Organisations who carry out credit, fraud and other security checks;
- IT support providers; and
- Marketing businesses engaged by us to disseminate materials to which recipients have consented.
We may also disclose your personal information to third parties outside our organisation:
- Where we have your express permission to do so or it can reasonably be inferred from the circumstances that you consent to the disclosure to the third parties;
- If Kool Kidz Childcare or substantially all of its assets were acquired by a third party, in which case personal information which we hold may be one of the transferred assets (subject to the same constraints on use and disclosure as under this policy); and
- If we are under a duty or have a legal right to disclose or share personal information in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions or to protect our rights, property, or the safety of our personnel and users. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We limit the information we provide to third parties to the information they need to help us provide or facilitate the provision of goods and services and associated purposes. We deal with third parties that are required to meet the privacy standards required by law in handling your personal information, and use your personal information only for the purposes that we give it to them.
Transborder data flows
The vast majority of personal information we handle is stored and hosted in the United States. All personal information relating to children on Kool Konnect is hosted in United Stated.
Kool Kidz Childcare’s head office is located in Australia, so some limited information about adult individuals (including customers) is transferred and /or stored there.
Some limited personal information may be provided to companies located in the USA who offer software as a service products that process content for inclusion on the Application (for example, conversion of images and videos to make them suitable for viewing online/ through a web browser). Those third parties located overseas are not permitted to (and are contractually obligated to not) access or use the personal information provided except for those limited purposes. We only choose reputable service providers and have agreements with such third parties that prevent them from using or disclosing to others the Personal Information we share with them, other than as is necessary to assist us.
While the information resides outside of the territory where you reside, it may be accessible to the local courts, law enforcement and national security authorities in a foreign jurisdiction.
5. Security of personal information
We take all reasonable steps to protect personal information, including through internal and external security, restricting access to personal information to those who have a need to know, maintaining technological products to prevent unauthorised computer access and regularly reviewing our technology to maintain security. We choose technology partners based on their security and privacy policies and practices.
Personal information stored in our system is protected by electronic and procedural safeguards. We take reasonable precautions to protect personal information (and other content) from accidental loss and theft by storing it in secure data centres with off-site backups. Communication between Users and our servers is encrypted via industry-standard secure sockets layer (SSL).
The Application is protected by a secure and encrypted password that each User must choose themselves. Users should never share their passwords. Kool Kidz Childcare is not responsible for any loss of data or breach of privacy if a User shares their password with someone else.
Kool Kidz Childcare takes all reasonable precautions to protect your data. Because internet transmissions cannot be guaranteed to be 100% secure, you acknowledge and agree that you use this service at your own risk.
In case of a breach of security safeguards, such as the loss of, unauthorized access to or unauthorized disclosure of personal information under Kool Kidz Childcare’s control, and if the breach poses a real risk of significant harm to you, we will notify you and the appropriate federal or provincial commissioner in Canada, as well as any other organization that may reduce the risk or mitigate the harm from the breach.
6. Questions and concerns and access to/ correction or updating of your personal information
You have a right to access the personal information we hold about you. To obtain a copy of the personal information we hold about you, or to update it, please write to us at:
The Privacy Officer
5A Station Street, Oakleigh 3166 VIC
Or by email to: firstname.lastname@example.org
Please provide sufficient detail about the information in question to help us locate it. We will then use commercially reasonable efforts to promptly determine if there is a problem and take the necessary corrective action within a reasonable time. If a fee is charged for such access, we will advise you of the cost in advance.
If you wish to complain about a breach of privacy legislation or have any questions about how we handle personal information, please contact our Privacy Officer.
7. Statistical Information
We may collect statistical (non-personal) information about your use of the Website and Application to improve the features and overall experience for our Users. The information Kool Kidz Childcare may collect includes statistical information such as pages accessed on the Website and Application, search terms, links that are clicked on, Website and Application visit times, browsers and operating systems, IP address, and cookies.
8. Cancelling your Account
If your Kool Konnect account terminates (for whatever reason), the personal information associated with it may no longer be accessible to you. Any Content you have posted from your account may still be available to other people associated with the children in your account. There may continue to be residual copies of such Content due to ongoing data back-up and archiving.