1.1 This Policy relates to the website Kindergo at www.kindergokids.com and the Kindergo App available at app.kindergokids.com, operated by Like A Photon Creative Pty Ltd (ACN: 159 756 279).A reference to we, our or us is a reference to Like A Photon, and a reference to Kindergo is a reference to the website or the app, whichever you are using.
1.2 Personal Information is any information about a person where their identity is apparent, or can reasonably be ascertained. We do not solicit nor knowingly collect Personal Information from children aged under 13.
1.3 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. We never solicit the disclosure of Sensitive Information and we do not knowingly collect Sensitive Information from any User.
2. What this Policy is about
2.1 Kindergo is aimed at preschool and primary-school aged children (Child Users), under supervision by their parents/guardians (Parent Users). Child Users and Parent Users are referred to collectively as Users or you.
2.2 This Policy explains the key measures we have taken to implement the requirements of the Privacy Act 1988 and the Australian Privacy Principles, and to keep Kindergo safe, appropriate and enjoyable for all Users.
2.3 We endorse fair information handling practices and uses of information in compliance with our obligations under the privacy laws in force in Australia from time to time. Any information provided, including Personal Information, will be used only for the purpose/s intended and where the intention includes confidentiality, information will be treated as such unless otherwise required by law.
2.4 We will treat all Personal Information in a manner consistent with this Policy unless you have provided your express consent otherwise.
3. Your child’s information
3.1 We do not intentionally actively collect any information from Child Users and we will never intentionally or knowingly collect, share or use the Personal Information of Child Users.
3.2 To minimise the chance of us passively or accidentally collecting information from a Child User, we have initiated the following process:
- All Users will need to register to use Kindergo. Registration requires the disclosure of the name and email address of the Parent User. All communication from us and/or Kindergo will be sent to the email address used for registration. We will never knowingly communicate with a Child User.
- Upon registration, Users may be directed to select a User name. Parents must ensure that the screen name does not identify the Child User; and
- To the extent that the use of Kindergo requires any input of information by Users (such as credit card details and registration details) the User will be prompted to enter a parent or guardian’s details only.
3.3 Despite taking these steps, we anticipate that some Child Users will volunteer information on Kindergo, such as by using their own email address to register.
3.4 If you believe your child has provided personal information, you can contact us at the following email address: email@example.com and we will delete it within three business days.
4. Collection of Personal Information
4.1 The Company collects Personal Information from the Parent User including name, email and contact address. This information is collected by soliciting it directly from the Parent User at registration, or when the Parent User provides it directly to us through Kindergo or by emailing or phoning us.
4.2 We do not collect credit card or other financial information. All financial transactions related to or originating from Kindergo are managed by a secure third-party gateway on a third-party site or platform.
4.3 Kindergo does not yet have interactivity such as messaging or online discussion tools such as blogging, reviewing, commenting and forums. If these features are introduced in future we will update this Policy accordingly.
4.4 Kindergo automatically collects anonymous usage data about Users, including the URL that the User came from, the browser being used and the IP address. This data is utilised to improve our services and does not include any personally identifying information.
4.7 Most web browsers automatically accept cookies and this function can be disabled by changing the browser settings of the user. However, you may find that disabling cookies may reduce the operability of Kindergo. For example, you will need to enter your log-in- details each time you visit the page, or you may be unable to log in.
5. Use of Personal Information
5.1 The Company uses Personal Information for:
- sending information, newsletters and briefings to Parent Users;
- replying to correspondence from Parent Users;
- processing orders and sending information and updates pertaining to orders to Parent Users;
- advertising products or services being offered by us or any of our related companies or business partners; and
When we use Personal Information to send you a commercial electronic message, we will:
- always identify who has sent you the message;
- never use false or misleading subjects or email addresses;
- allow users to unsubscribe; and
- honour opt-out/unsubscribe requests within five business days.
If at any time you would like to unsubscribe from receiving future emails, you can email us at firstname.lastname@example.org
- to record information about a User’s usage, preferences and behaviour, as well as any feedback provided by Users;
- to perform statistical analyses of user behaviour;
- to optimise marketing activities, user experience, and content;
- protecting individuals and users from fraud; and
- any other use for which we obtain permission from you.
6. Disclosure of Personal Information
6.1 Other than disclosure to service providers (as set out in 6.2 below) or as required by law (for example, disclosure to various Government departments or to Courts), our policy is that we do not give Personal Information to other organisations unless we have disclosed the use in this Policy or you have expressly consented for us to do so.
6.2 We may also use Personal Information we collect for related purposes such as:
6.3 The parties we may share Personal Information with are our employees, subcontractors, suppliers and affiliates on a need to know basis. Access to Personal Information will be revoked within a reasonable timeframe of access no longer being required.
6.4 Occasionally, we might also use Personal Information for other purposes or share Personal Information with another organisation because:
- we believe it is necessary to protect your rights, property or personal safety;
- 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 our interests – for example, disclosure to a Court in the event of legal action to which we are a party;
6.5 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 provisions of the Privacy Act 1988.
7. Confidentiality and Data Security
7.1 We never solicit nor intentionally collect nor store Sensitive Information from any User.
7.2 Personal Information may be stored on secure servers located outside Australia.
7.3 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. Notwithstanding the above, we are not responsible for any third-party access to Personal Information as a result of:
a. interception while it is in transit over the internet;
b. spyware or viruses on the device (such as a computer or phone) from which Users access Kindergo; or
c. as a result of a User’s failure to adequately protect their username or password.
7.4 We are also not responsible for any losses, expenses, damages and costs, including legal fees, resulting from such third-party access.
7.5 If a data breach occurs, we will notify the Office of the Australian Information Commissioner, and, if necessary, Users, via in-Site notification.
8. Retention and Disposal of Personal Information
8.1 We will retain Personal Information for as long as is required for us to fulfil the purposes for which the Personal Information was collected, including 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 our 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 You can access the Personal Information held about you or the Child User at any time by contacting our Privacy Officer at email@example.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;
- 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 other User’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 you a reasonable fee for access to your Personal Information. These charges will be limited to the cost of recouping our expenses for providing you with your 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 you or during other interactions with you.
10.2 If you believe that any Personal Information we hold about you is inaccurate, incomplete or out-of-date, you may contact our Privacy Officer.
10.3 We will do our best to correct any Personal Information that is inaccurate, incomplete or out-of-date or dispose of it in accordance with this Policy.
11.2 If you have a complaint in relation to the way your Personal Information has been handled by us, the complaint should be made in writing to our Privacy Officer in the first instance. we will investigate the complaint and prepare a response to you in writing within a reasonable period of time.
11.3 Our Privacy Officer can be contacted by emailing firstname.lastname@example.org
11.4 From time to time, our policies will be reviewed and may be revised. We reserve the right to change this Policy at any time.