1.1 We are Kinderly (the trading name of Nursery Book Limited, whose registered office is at The University of Bath Innovation Centre, Carpenter House, Broad Quay, Bath, BA1 1UD) (referred to as “we”, “us” and “Kinderly”) and we are committed to protecting and respecting your privacy when you are visiting any website maintained by us including without limitation the website at kinderly.co.uk and our social networking pages and any application for mobile devices (together the “Platform“) as we may publish and operate from time to time.
1.2 This policy, together with our Terms and Conditions for Practitioners (if you are a childcare practitioner who subscribes to the Platform (referred to in this policy as a “Practitioner”), or are authorised to use the Platform by a Practitioner) or Terms and Conditions for Parents (if you are the parent of a child or children within the care of a Practitioner (referred to in this policy as a “Parent”) who is using the Platform) explains what types of personal and non-personal information we collect or you provide when you use the Platform and the basis on which any information we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
1.3 This policy is separated into two parts: Sections 2.1 and 2.2 describe the information we process in relation to Practitioners and Parents who apply to and/or take out a subscription to the Platform (referred to in this policy as “Subscribers”); Sections 2.3 and 2.4 describe the information we process about children within the care of a Practitioner who has a subscription to use the Platform (referred to in this policy as “Children” and individually as a “Child”), and each Children’s key worker, Parent(s) or guardian.
1.4 By accessing the Platform, each Subscriber is accepting and agree to the practises described in this policy. In addition, if you are a Parent, by using the Platform, you warrant and represent that you have given all necessary consents to the Practitioner for the processing of information relating to you and your Children as described in this policy. If you wish to alter or withdraw such consents, or otherwise exercise any rights in connection with such information, you should contact the relevant Practitioner.
1.5 We collect, receive and process information relating Subscribers as detailed in Sections 2.1 and 2.2 below. For the purpose of the Data Protection Act 1998, the General Data Protection Regulation (EU 2016/679 and any subsequent UK data protection legislation (together referred to in this policy as “Data Protection Legislation”), we are the data controller of such information.
1.6 We collect, receive and process information relating the Children within the care of a Practitioner, as well as each Children’s key worker and Parent(s) or guardians as detailed in Sections 2.3 and 2.4 below. For the purpose of the Data Protection Legislation, we are the data processor of such information and the Practitioner is the data controller.
2. WHAT PERSONAL INFORMATION DO WE COLLECT?
2.1 We may collect, receive and process the following kinds of information in relation to Subscribers:
a. if you apply to and/or take out a subscription to the Platform, you will be asked to complete a form which will require you to provide certain information including the following:
(i) if you are a Practitioner, your business name, business address and email address, business telephone number, accounting information, billing information, username and password and the name, position and email address of each member of staff authorised to use the Platform on your behalf;
(ii) if you are a Parent, your name, address, telephone number, email address, accounting information, billing information, username and password
b. if you contact us by telephone, email or other means, for example, to ask for help in using the Platform, we may ask you to provide some or all of the information referred to above to verify that you are a Subscriber (or authorised by the Subscriber to use the Platform); and
c. we may also collect, store and use information about your computer, mobile device or other item of hardware through which you access the Platform and your visits to and use of the Platform (including without limitation your IP address, geographical location, browser/platform type and version, Internet Service Provider, operating system, referral source/exit pages, length of visit, page views, website navigation and search terms that you use).
2.2 How do we use this information?
This section describes in detail how we will use the information we collect or receive from our Subscribers and it also sets out the lawful basis on which we process that information, as required by the Data Protection Legislation.
We will use this information:
a. to assess each application to be a Subscriber. The lawful basis for this is taking steps necessary before entering into a contract. It enables us to assess the suitability of each applicant for a subscription to the Platform;
b. to provide the Platform and the related services available via the Platform to Subscribers. The lawful basis for this is performance of a contract. It enables us to provide Subscribers with access to the Platform in accordance with the contract between us and those Subscribers;
c. to remember the user account information, preferences and settings so that the Subscriber (and anyone acting on behalf of the Practitioner) will not have to re-enter them each time they access and use the Platform. The lawful basis for this is legitimate interests of us and our Subscribers. It enables us to provide our Subscribers with a more user-friendly experience of the Platform which we hope will mean that they are more likely to want to continue using the Platform;
d. to provide Subscribers with up to date information about the Platform, including any new features and/or services it offers and any new products that we may offer in the future in relation to the Platform. The lawful basis for this is our legitimate interests, to help us grow our business and inform our marketing and product development strategy. If you wish to stop receiving any such communications, please either email us at firstname.lastname@example.org or click the “unsubscribe” link in any electronic communication from us;
e. to provide Subscribers with information about our services and any goods and services of selected third parties that we feel may interest them. The lawful basis for this is consent, which means we will only send this information to Subscribers who have consented to receive such information and the information will only be provided by electronic means. We will not share your information with third parties for marketing or promotional purposes. If you wish to stop receiving any such communications at any time, please either email us at email@example.com or click the “unsubscribe” link in any electronic communication from us;
f. to notify Subscribers about changes to the Platform and/or the services available through it. The lawful basis for this is legitimate interests of us and our subscribers- enabling our Subscribers to benefit from those changes and enabling us to roll out changes which will grow our business and inform our product development strategy;
g. to evaluate the performance of and/or services available through the Platform and to improve the same. The lawful basis for this is legitimate interests, so that we can understand how Subscribers are using the Platform and help us improve it so that we can grow our business. We also use this under legitimate interests to inform our marketing and product development strategy;
h. for the purposes of supporting each Subscriber’s subscription to and use of the Platform and dealing with any support requests or queries. The lawful basis for this is performance of a contract, where we are required to provide support and deal with queries according to the contract between us and our subscribers. The lawful basis for any other support is the legitimate interests of us and our Subscribers- to provide our Subscribers with a user-friendly experience of the Platform which we hope will mean that they are more likely to want to continue using the Platform;
i. to administer the Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes. The lawful basis for this is legitimate interests, so that we can understand how Subscribers are using the Platform and help us improve it so that we can grow our business. We also use this under legitimate interests to inform our marketing and product development strategy;
j. to measure or understand the effectiveness of any advertising we serve to Subscribers, and to deliver relevant advertising to Subscribers. The lawful basis for this is legitimate interests to inform our marketing and product development strategy.
2.3 Practitioners (including persons authorised to use the Platform on their behalf) enter the following information into the Platform about their members of staff, Children and Parent(s) or guardian of those Children:
a. Information about Children may include name, address, telephone number, date of birth, photograph, gender, ethnicity, doctor’s contact details, emergency contact details, details about the Child’s physical or mental health, name of their keyworker, personal preferences, special educational needs, pupil premium status as well as information relating to their early years learning including daily diary, photos and videos, details of any accidents they have been involved in, development targets, nutrition, attendance, observations and reports;
b. Information about the Practitioner’s staff may include name, PACEY details, photograph and details of the Children for whom they are the keyworker;
c. Information about the Parent(s) or guardian of Children may include their name, address, telephone number, date of birth, photograph, and the name of their Child/Children.
2.4 How do we use this information? This section describes in detail how we use the information input into the Platform by Practitioners (and people acting on their behalf). It does not describe the lawful basis for processing such information, but you can obtain further detail about that from the relevant Practitioner.
We will use this information:
a. To provide the Platform and the services available through it to the Practitioner in accordance with any agreement between us and the Practitioner (and persons authorised to use the Platform on their behalf);
b. To analyse and identify any patterns relating to early learning difficulties. However, in doing so, we will not use any personal data. All information used for such purposes will be anonymised before any such analysis is carried out.
3. WHEN MIGHT WE DISCLOSE PERSONAL INFORMATION?
3.1 Except to the extent required by any applicable law or regulation or governmental or judicial body and as set out in Section 3.2 below, we will not disclose personal information to any third party other than to any service provider we appoint and then only to the extent necessary to enable them to provide their services to us, any third party providing or receiving goods or services to/from you (such as a Parent or Practitioner to facilitate the proper use of the Platform) and any person who you agree we can disclose or share information with..
3.2 However, we may disclose personal information to third parties;
a. If we sell or buy any business or assets, in which case we may disclose personal data to the prospective seller or buyer of such business or assets;
b. If Kinderly or substantially all of its assets are acquired by a third party, in which case information held by it about its Subscribers will be one of the transferred assets;
c. If we are under a duty to disclose or share personal information in order to comply with any legal or regulatory obligation or request; and
d. In order to enforce or apply our Terms and Conditions or other agreements or protect the rights, property or safety of Kinderly, our Subscribers or others. Subject to Sections 3.1 and 3.2 above, we will not disclose sensitive personal information about a Child to any other person without the prior written consent of the Parent(s) or guardian of such Child or the Practitioner.
4.1 Cookies are text files stored, either on a temporary or persistent basis on the hard drive of your computer. Cookies are used for authenticating, session tracking and maintaining specific information about the use and users of the Platform. The data collected by cookies is anonymous. You can delete all cookies that are already on your computer’s hard drive by searching for files with “cookie” in it and deleting them.
4.2 In addition, if you want to stop cookies from being stored on your computer, you can edit your browser settings so that cookies are blocked. Unfortunately, if you block cookies you may not be able to use the full functionality of the Platform. For more information about cookies, please visit: www.allaboutcookies.org.
4.3 Web beacons consist of a small string of software code that represents a graphic image request on a page or email. There may or may not be a visible graphic image associated with the web beacon and often the image is designed to blend into the background of a page or email. Web beacons can be used for many purposes – including site traffic reporting, unique visitor counts, advertising auditing and reporting, and personalization. Web beacons used by the Platform collect only anonymous data.
4.4 In order to improve the Platform and the services we offer Subscribers, we may use (temporary and persistent) cookies, authorized third party cookies, web beacons and/or other technologies to collect non-personally identifiable data. This non-personally identifiable data helps us to track browsing behaviour, to create specific or tailor-made offers or advertisements, and to monitor and record the visits and use of the Platform. In order to understand how people use the Platform and for marketing analysis and quality improvement purposes, we (and/or third party service providers) may collect, record, process and use on an anonymous basis certain information (including the total number of transactions, viewed pages, referring/exit pages, platform type, date/time stamp information and details like the number and location of mouse clicks on a given page, mouse movements, scrolling activity and the search words you use while being on and using the Platform.
4.6 The cookies that we use are listed below:
• Intercom cookie- this is a strictly necessary cookie. Without it, we cannot provide user support;
• Nb PreviousNursery session cookie- this is a functional cookie which makes login easier.
5. WHERE WE STORE YOUR PERSONAL DATA
5.1 The information that we are provided with and/or collect through the Platform may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”) by one or more of our service providers. Our service providers will only process such information to the extent necessary to provide their services to us and whenever such information is transferred outside the EEA, we ensure that appropriate safeguards are in place and that enforceable rights and effective legal remedies are available for data subjects in accordance with the Data Protection Legislation. By submitting your personal data, you agree to this transfer, storing or processing.
5.3 Where Subscribers (or persons authorised to access and/or use the Platform on their behalf) are given or choose secure username and password, they are responsible for keeping this confidential. We recommend that usernames and passwords of individuals are not shared with anyone
6. LINKS TO THIRD PARTY WEBSITES
7. HOW LONG DO WE KEEP YOUR INFORMATION?
Within a reasonable period following a Subscriber ceasing to access and use the Platform, we will securely delete or destroy or, if directed in writing by the Subscriber, return and not retain, all information provided by the Subscriber or obtained by us in relation to the Subscriber in our possession or control (including, in the case of a Practitioner, their authorised users, Children within their care and the Parent(s) or guardian of such Children and, in the case of a Parent, information relating to that Parent and their Children), except for one copy that we may retain and use for audit purposes only, save for any information we are required to keep pursuant to any applicable law, regulation, government or regulatory body or organisation. If the Subscriber does not require us to securely delete or destroy, or return and not retain, all or any such information, we will retain the same for the period determined by best practice in the education sector.
8. RIGHTS OF SUBSCRIBERS
8.1 Subscribers have a number of rights in relation to personal data they provide or which is collected in the course of them accessing and using the Platform, which they can exercise through the data controller (see Sections 1.5 and 1.6 for further information on who the controller is) which include the right to:
a. find out how their personal data is processed;
b. request that their personal data is corrected if they believe it is incorrect or inaccurate;
c. obtain restriction on, or object to, processing of their personal data;
d. if the lawful basis for processing is consent, the Subscriber can withdraw their consent to processing of their personal data (including any direct marketing);
e. obtain a copy of the personal data processed concerning the Subscriber. If we are the controller and we respond to such a request, we may charge a reasonable fee towards the cost of administering a request if appropriate and we will take steps to verify the Subscriber’s identity before responding to their request. Once we have received the fee (if required) and verified the Subscriber’s identity, we will respond as soon as possible and in any event within one month; and
f. lodge a complaint with the UK supervisory body, the Information Commissioner’s Office (the ICO) whose website is at https://ico.org.uk/. If there are any concerns or complaints about the way we handle personal data, we ask that you contact us in the first instance to allow us to investigate and resolve the matter as appropriate. If you are a Subscriber and would like to exercise any of your rights or find out more, please contact us at firstname.lastname@example.org.
If you are a Parent who is not a Subscriber, we advise that you contact your Practitioner with any enquiries surrounding your rights.
9.1 We may from time to time amend this policy. Any changes we may make to this policy in the future will be posted on this page and, where we believe significant changes are being made, we will notify Subscribers [by email] [when they next log in to the Platform]. Please ensure that you review this policy regularly, as you will be deemed to have accepted any changes to it if you continue to use the Platform after the amended version has been posted.
10.1 We are always pleased to hear from our customers and are grateful for any time you spend, providing us with the knowledge we need, to ensure our customers are completely satisfied – we want you to continue using the Platform and to recommend us to your colleagues, friends and family. If you have any questions or feedback about this policy, please do not hesitate to contact us at email@example.com.
11. LAST UPDATE
11.1 This document was last updated on 21st May 2018.