Kindiview terms of use and privacy policy

This Software Program is owned and operated by KindiView Pty Ltd. Any use of the words “We” “Us” “Our” and terms of the like are references to KindiView Pty Ltd. And references to “You” “Your” and terms of the like are references to you, the person accessing this Software Program.

KindiView Pty Ltd offers the Software Program to You conditional upon your acceptance of all terms, conditions, policies and notices herein.

By opening our Program/Software/Product/Service You engage in Our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Program, including without limitation users who are browsers, vendors, customers, merchants, parents, staff, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using Our Service. By accessing or using any part of the Service, You agree to be bound by these Terms of Service. If You do not agree to all the terms and conditions of this agreement, then You may not access the Software Program or use any Services and should delete its content immediately. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

You can review the most current version of the Terms of Service at any time on Our website. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to Our website. It is Your responsibility to check this page periodically for changes. Your continued use of or access to the Program / Product / Service following the posting of any changes constitutes acceptance of those changes.

You agree not to and not to allow anyone else to reproduce, duplicate, copy, sell, resell or exploit any portion of the Program / Product / Service/ Website through which the service is provided, without express written permission by Us.

Accuracy, completeness and timeliness of information

We are not responsible if information made available on this Program is not accurate, complete or current. The material on this Program is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Program is at Your own risk.

This Program may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of this Program at any time, but We have no obligation to update any information in Our Program . You agree that it is Your responsibility to monitor changes to Our Program.

About software in our services and licence conditions

When a Service requires or includes downloadable software You may only access the software via a mobile device supported by the software or via a web browser. This software may update automatically on Your device once a new version or feature is available. If Your device does not update automatically it is the Your responsibility to ensure the latest version of the software has been downloaded.

KindiView grants to Parents and Staff a non-transferrable and non-exclusive right to use our Program. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by KindiView, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may You reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions.

You may not sublicense, lease, rent or lend the Service/Software/Product or otherwise transfer your rights under this agreement.

You may not retain any copies of any or all of the Service/Software/Product or any related content thereto.

You agree to use your best endeavours and to take all reasonable steps to safeguard the Software/Service/Product to ensure that no unauthorised access, copying or distribution may take place.

SUPPORT services

Provided You comply with Your obligations under these Terms of Service KindiView agrees to provide support services to You. Where KindiView is required to provide support services to You these support services will take the form of either telephone advice or via appointment at a time agreeable to both parties.

Support Services do not include (1) installation of software, (2) correction of errors or defects caused by you or (3) rectification of errors arising from faults in the computer hardware on which the software is running or any device connected to that computer hardware,

Modifications to the service

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Third-party links

Certain content and services available via our Service may include materials from third-parties.

Third-party links on this Program/Service/Product/Website may direct You to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable and You hereby indemnify us from any and all any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure You understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User comments, feedback and other submissions

If, at our request, You send certain specific submissions (e.g. feedback) or without a request from us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Confidentiality privacy and disclosure of your personal information

You understand, acknowledge and agree that the information and content you enter into the Software/Product/Service may be transferred unencrypted and involve

transmissions over various networks; and
changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.

You further understand, acknowledge and agree that the information and content you enter into the Software/Product/Service may be reviewed for the purposes of provided data conversion or support services under this agreement. KindiView undertakes to exercise the utmost good faith in maintaining all such information as confidential and will also comply with the requirements of the Privacy Act 1988 (Cth) to the extent that the Act applies to any such information and will only use that information for the purposes of this agreement.

In order to deliver the Service required by you, we may disclose your personal information to organisations outside of KindiView. Your personal information is only disclosed to these entities only in relation to us providing our Service to you. KindiView takes reasonable steps to ensure that these entities are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

Our privacy policy (found on our website) explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that KindiView can use such data in accordance with our privacy policy.

Errors, inaccuracies and omissions

Occasionally there may be information on our Program/Service/Product/Website that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Program/Service/Product/Website or its content:

• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal or state regulations, rules, laws, or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose; or
• to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website immediately for violating any of the prohibited uses.

Disclaimer of  Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free or will it operate on your computer system or mobile device.

We do not guarantee, represent or warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You acknowledge and agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly acknowledge and agree that your use of, or inability to use, the service is at your sole risk. The service and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall KindiView , our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the minimum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless KindiView and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by you or any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services in writing.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due if any up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

General Terms

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

You acknowledge that You have conducted your own due diligence and selected the Service based upon your own skill and judgement and you have satisfied yourself as to the suitability of the Program/Service/Product/Website.

These Terms of Service are subject to change without notice. The current version is published on our website.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this Program/Service/Product/Website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

This Terms of Service Agreement is governed by the laws of New South Wales, Australia and the jurisdiction of the Sydney Courts.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Kindiview Privacy Policy

KindiView Pty Ltd (ACN 606 694 160) (KindiView or our or we) providing software and other technological products and services for the purpose of managing and maintaining childcare centre operations, including child attendance, enrolments, profile management and facilitation of communications and interactions between Provider Users and Users, otherwise known as ‘KindiView’ (Software or Services).

This Policy governs how KindiView will deal with your Personal Information and any Sensitive Information (as those terms are defined under the Privacy Act 1988 (Cth) (Privacy Act)) collected in connection with your use of the Software.

This Policy also applies to Personal Information and/or Sensitive Information collected by KindiView in connection with its website, social media accounts, applications, the Software and other technological means (Online Platforms), as well as in connection with any direct communication between you and KindiView.

KindiView uses third parties located both locally and overseas in addition to its own resources to provide the Services.

1. SCOPE OF THIS PRIVACY POLICY

1. We understand that when accessing our Services, the privacy and confidentiality of Personal Information and/or Sensitive Information (as those terms are defined under the Privacy Act) is important to you and (where applicable) your customers. That’s why we fully respect your rights to privacy and are committed to protecting the personal, sensitive and financial details you provide us in line with this Privacy Policy. This Privacy Policy applies to our Services and all individuals who use our Online Platforms whose Personal Information and/or Sensitive Information is processed by KindiView.
2. We are committed to protecting the privacy of everyone who uses our Online Platforms and/or our Services, for them to understand what Personal Information and/or Sensitive Information we collect and store, and why we do so, how we receive and/or obtain that information, the rights an individual has with respect to their Personal Information in our possession, and with complying with the Australian Privacy Principles set out in the Privacy Act and the General Data Protection Regulation (EU) 2016.679 (GDPR).

2. THE INFORMATION WE COLLECT

We may collect Personal Information and/or Sensitive Information (the Information) that allows us to identify who an individual is and to supply the full functionality of the Services and/or Online Platforms.

The type of Information we may collect includes, but is not limited to:

1. Personal Information – We may collect personal details such as an individual’s name, location, date of birth and nationality allowing us to identify who the individual is;
2. Sensitive Information – We may collect sensitive information such as Medicare card number, immunisation records, cultural and religious details, language spoken at home, details of health conditions and records of same, court/tribunal orders;
3. Contact Information – We collect information such as an individual’s email address, telephone & fax number, third-party user names, residential, business and postal address and other information that allows us to contact the individual;
4. Financial Information – We collect financial information such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our Services;
5. Statistical Information – We collect behavioural and statistical information about an individual and businesses in connection with the Services and/or the Online Platforms.

3. WHY WE COLLECT INFORMATION

1. We collect the Information so that we can carry out the following actions:
   1. to provide our Services;
   2. to enable you to use our Online Platforms;
   3. to communicate with you, including about our Services and offers which might interest you;
   4. to provide you with information or advice;
   5. to process payments by or to you in connection with our Services;
   6. to create accounts, tax invoices or receipts;
   7. to provide your Personal Information (but excluding the Sensitive Information) to third parties in order for them to supply the Services to you;
   8. to consider and respond to complaints made by you.
2. We may disclose additional purposes for collection of the Information in collection statements at the point of collection.

4. HOW INFORMATION IS COLLECTED

Information is collected in association with your use of the Services, an enquiry about KindiView or generally dealing with us directly or via our Online Platforms.

5. WHEN INFORMATION IS USED & DISCLOSED

1. We will not use any Information other than for the purpose for which it was collected other than with the individual’s permission.
2. We will retain the Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
3. Subject to clauses 8 and 14, we will not sell the Information to unrelated third parties.
4. There are some circumstances in which we must disclose the Information:
   1. where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;
   2. as required by any law (including the Privacy Act and GDPR); and/or
   3. in order to sell our business (in that we may need to transfer the Information to a new owner).

6. SENSITIVE INFORMATION

1. Sensitive Information is information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of a professional or trade association, membership of a trade union, details of health, disability, sexual orientation or criminal record.
2. It is our policy to only collect your Sensitive Information where it is reasonably necessary for our functions or activities and either you have consented or we are required or authorised under law to do so.
3. For the avoidance of any doubt, any Sensitive Information that is collected pursuant to this Privacy Policy will not be used for any secondary purpose of direct marketing.

7. OPTING “IN” OR “OUT”

1. By clicking “I Agree” or any other button indicating your acceptance of this privacy policy, you expressly consent to the collection and use of your Personal Information in accordance with this privacy policy.
2. An individual may opt to not have us collect their Personal Information (for example by unsubscribing to any marketing emails received). This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us.
3. If an individual believes that they have received information from us that they opted out of receiving, they should contact us on the contact details set out in clause 15.

8. DE-IDENTIFIED INFORMATION

1. We may use your Personal Information in de-identified form (de-identification being a process by which a collection of data or information is altered to remove or obscure personal identifiers and personal information) to assist us in running our business. We may also provide, including by way of sale, de-identified information in aggregated form, to third parties. This de-identified and aggregated information may be used to:
   1. provide users with further information regarding the uses and benefits of the Services or the Online Platforms;
   2. enhance our business productivity, including by creating insights and trends from the de-identified information and/or the aggregated data;
   3. assist us to better understand and provide us with insights and trends on how our users are using the Services or the Online Platforms;
   4. to improve the Service or the Online Platforms;
   5. such other uses that is otherwise reasonable in the daily operation, or your continued use, of the Services and/or the Online Platforms, that is otherwise not capable of identifying you.
2. When your Personal Information is included in de-identified, aggregated data, it is not possible to identify you or anything about you from that data.

9. COOKIES

We may use temporary (session) cookies or permanent cookies when you access our Online Platforms and/or Services. This allows us to recognise your browser and track the web pages you have visited. You can switch off cookies by adjusting the settings on your web browser.

10. THE SAFETY & SECURITY OF PERSONAL INFORMATION

1. We may hold the Information in either electronic or hard copy form.
2. If you provide Information to us electronically we retain this information in our computer systems and databases. If you provide information to us in hard copy (paper) this Information is normally retained in our files and a copy is made to our electronic files.
3. We use industry standard security measures to safeguard and protect the Information.
4. We may disclose your Personal Information to third parties and service providers located overseas in connection with any purpose, including to overseas cloud computing hosts. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your Personal Information.
5. We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws). The collection and use of an individual’s Information by such third parties may be subject to separate privacy and security policies.
6. If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.
7. Where we become aware of any breach to our security systems that breaches or is likely to result in a breach of your rights or freedoms with respect to your Personal Information, we will notify you and any supervisory authority as required.
8. We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.

11. HOW TO ACCESS AND/OR UPDATE INFORMATION

1. If you would like us to update or amend your Information, please contact us on the contact details set out in clause 15 and we will make the requested amendments.
2. We may ask you to verify your identity to ensure that the Information we hold is not improperly accessed.

12. RIGHT TO BE FORGOTTEN

1. In the event that you decide that you no longer want us to hold your Information, you may notify us in writing on the contact details set out in clause 15 of your desire for us to delete your Information on record. We will use our best endeavours and comply with all legal requirements within a reasonable timeframe to delete your Information, unless we are required by law to retain such information.
2. You agree and acknowledge that any request for deletion of the Information under this clause 12 may not permit you to access the full functionality of the Services and/or the Online Platforms.

13. LINKS

Links from our Online Platforms or via our Services to third party services that we do not operate or control are provided for your convenience. We are not responsible for the privacy or security practices of services that are not covered by this Privacy Policy. Third party services should have their own privacy and security policies which we encourage you to read before supplying any information to them.

14. DIRECT MARKETING

1. We and/or our carefully selected third party business providers may contact you with direct marketing communications and information about the Services or other products and services offered by us via telephone, email, SMS, or regular mail.
2. If you have indicated a preference for a method of communication, we will endeavor to use that method wherever practical to do so.
3. You may opt out of receiving marketing communications at any time by responding via the channel in which you received the marketing communication, or by contacting us on the contact details set out in clause 15. You can unsubscribe from emails by clicking the unsubscribe link on the footer of the email communication you have received.

15. COMPLAINTS AND DISPUTES

1. If an individual needs to contact us or has a complaint about our handling of their Personal Information, they should address their communication in writing to the details below:
   -Privacy Officer
   KindiView Pty Ltd
   C/- Teckne ‘L1 104’
   13A Montgomery Street
   Kogarah NSW 2217
   enquiries@kindiview.com.au
2. If we have a dispute regarding the Information of an individual, we both must first attempt to resolve the issue directly between us.
3. If we become aware of any unauthorised access to any of the Information collected, we will inform them and any supervisory authority as required, at the earliest practical opportunity once we have established what was accessed and how it was accessed.

16. GDPR

1. If you are:
   1. A resident of the European Union accessing our Online Platforms or receiving our Services in Australia; or
   2. accessing our Online Platforms or receiving our Services from within the European Union,

then in addition to our obligations under the Privacy Act, KindiView is required to comply with the GDPR with respect to your Personal Information.

1. Any reference to ‘Personal Information’ in this Privacy Policy is also a reference to ‘Personal Data’ (as defined under the GDPR).
2. KindiView takes the security and privacy of your Personal Information seriously and has prepared this Privacy Policy and taken measures to collect, process and hold all Personal Information in compliance with both the Privacy Act and GDPR regardless of the user. Therefore, no additional terms for GDPR users are required.

17. ADDITIONS TO THIS POLICY

If we decide to change this Privacy Policy, we will post the changes on our website. Please refer back to this Privacy Policy to review any amendments.

Version Date: November 2020