Welcome to our website. This website is owned and operated by Xap Technologies Pty Ltd (ABN 169 623 009) its successors and assignees (we, our or us). It is available at: www.xaptech.com.au and www.kidsxap.com.au (collectively referred to as Site) and may be available through other addresses or channels.
This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Xap Technologies, and KidsXap (hereafter “KidsXap”), considers privacy seriously. We are committed to maintaining the privacy and security of Your personal information and compliance with the obligations under the Privacy Act 1988 (The Act) and the applicable Privacy Principles.
The Act regulates how public agencies and private organisations can collect, hold, use and disclose personal information, and how You can access and correct that personal information. The Act applies only to information about individuals, not to information about corporate entities such as businesses, firms or trusts.
KidsXap respects the importance of Your privacy and is committed to safeguarding Your personal information. In providing our service to You, we must collect personal information from You, and this policy sets out the basis on which any personal information we collect from You, or that You provide to KidsXap, will be processed by us.
You can choose not to provide Your personal information to KidsXap, but this may mean that we are unable to provide You with the Service.
KidsXap is a complete online platform that allows You real-time view of the Childcare Centre Your children attend. You can login to KidsXap from any web-enabled device.
The Service involves the storage of Data about a company or individual. That Data includes personal information. This information can include names, dates of birth, email addresses, home and work addresses, telephone numbers, bank account details, childcare attendance related information, child activity records, videos, and photographs. It can also include information (where applicable) about a child. We will collect such information by lawful means.
Personal information is information which relates to an individual who can be identified from that information, or from other information in a person’s possession, including any expression of opinion, whether true or not, and whether recorded in material form or not, about a reasonably identified individual, and any indication of intention in respect of an individual. Personal information may be collected directly by KidsXap from You (or Your representative), or via a third party. In most situations, KidsXap collects personal information about an individual from the KidsXap user where a parent or guardian has a child enrolled in a Childcare Centre that uses the KidsXap platform.
We may also collect Your personal information when you:
Where KidsXap is provided with personal information by You, KidsXap relies on You having obtained the consent of the individual for the collection, use, and disclosure of his or her personal information to and by KidsXap. KidsXap will not ask You for any personal information which we do not need. The Act requires that we should only collect information for a purpose that is reasonably necessary for or directly related to our activities and operations.
KidsXap may collect personal information directly from You Through Your use of the Service, KidsXap may also collect information from You about other people – most often, but not limited to, the children in Your care.
This means that You must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Policy, including the fact that their personal information is being collected; the purposes for which that information is being collected; the intended recipients of that information; the individual’s right to obtain access to that information and KidsXap’s identity.
Where requested to do so by KidsXap, You must also assist KidsXap with any requests by the individual to access or update the personal information You have collected from them and entered into the Service.
KidsXap collects, holds, and uses Your personal information for limited purposes
KidsXap collects Your personal information in order to provide You with the Service and any related services You may request. In doing so, KidsXap may use the personal information collected from You for purposes related to the Services including to:
By using the Service, You consent to Your personal information being collected, held and used in this way and for any other use You authorise. KidsXap will only use Your personal information for the purposes described in this Policy or with Your express permission.
It is Your responsibility to keep Your password to the Service safe. You should notify us as soon as possible if You become aware of misuse of Your password, and You should immediately change your password within the Service.
KidsXap may use this aggregated non-personally identifiable data to:
KidsXap holds your personal information on servers located in the Australia.
All Data, including personal and non-personal information, that is entered into the Service by You, or automatically imported on Your instruction, is transferred to KIDSXAP’s servers as a function of transmission across the Internet. By using the Service, You consent to your personal information being transferred to our servers as set out in this Policy.
Currently our servers are primarily located in Australia hosted by Microsoft Azure, and Your personal information will be routed through, and stored on, those servers as part of the Service. If the location of our servers change in the future, we will update this Policy and inform you. You should also review our Policy regularly to keep informed of any updates.
By providing your personal information to KidsXap, You consent to KidsXap storing your personal information on servers hosted in Australia. While Your personal information will be stored on servers located in the Australia it will remain within KidsXap’s effective control at all times. The server host’s role is limited to providing a hosting and storage service to KidsXap, and we have taken precautions to ensure that KidsXap’s server hosts do not have access to, and use the necessary level of protection for, your personal information.
KidsXap takes steps to protect your personal information
KidsXap is committed to protecting the security of Your personal information and we take all reasonable precautions to protect it from unauthorised access, modification or disclosure. Your personal information is stored on servers secured with SSL Certificates. All Data transferred between You and the Service is encrypted.
However, the Internet is not in itself a secure environment and we cannot give absolute assurance that Your information will always be secure. Sending personal information over the Internet is at Your own risk and You should only enter personal information to the Service within a secure environment.
We will advise You at the first reasonable opportunity upon discovering or being advised of a security breach where your personal information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorised persons or in any unauthorised manner. KidsXap only discloses Your Personal Information in limited circumstances.
KidsXap will only disclose the personal information You have provided to us to entities outside the KidsXap group if it is necessary and appropriate to facilitate the purpose for which your personal information was collected pursuant to this Policy, including the provision of the Service.
KidsXap will not otherwise disclose your personal information to a third party unless you have provided your express consent. KidsXap may, however, be required by law to disclose your personal information without your consent in order to comply with any court orders, subpoenas, other legal process or investigation including by tax authorities. Where possible and appropriate, we will notify you if we are required by law to disclose Your personal information.
The third parties who host our servers do not control, and are not permitted to access or use your personal information except for the limited purpose of storing the information. This meansthat, for the purposes of Australian privacy legislation and Australian users of the Service, KidsXap does not currently “disclose” personal information to third parties located overseas.
KidsXap does not store your credit card details
You may request access to your personal information
It is Your responsibility to ensure that the personal information You provide to us is accurate,
complete and up-to-date. You may request access to the information we hold about You, or request that we update or correct any information we hold about You, by making a request in writing and emailing it to support@KidsXap.com.au
KidsXap will process your request as soon as practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet your request, we will let you know why. For example, it may be necessary for us to deny your request if it impacted on the privacy or affairs of others, or if it is not reasonable and practicable for us to process your request in the manner you have requested.
We’ll only keep your personal information for as long as we require it for the purposes of providing you with the Service. However, we may also be required to keep some of your personal information for specified periods of time, for example under certain laws relating to corporations, and financial reporting legislation.
In providing the Service, KidsXap utilises cookies. A cookie is a small text file that is stored on your computer for record-keeping purposes. A cookie does not identify you personally or contain any other information about you but it does identify Your computer.
We and some of our affiliates and third-party service providers may use a combination of “persistent cookies” (cookies that remain on Your hard drive for an extended period of time) and “session ID cookies” (cookies that expire when You close Your browser) on the Website to, for example, track overall site usage, and track and report on Your use and interaction with ad impressions and ad services.
You can set your browser to notify you when you receive a cookie so that you will have an opportunity to either accept or reject it in each instance. However, you should note that refusing cookies may have a negative impact on the functionality and usability of the Website.
You can opt-out of any email communications
KidsXap sends billing information, product information, marketing announcements, service updates and service notifications to You via email. Our emails contain clear and obvious instructions describing how You can choose to be removed from any mailing list not essential to the Service. We will remove You upon Your request.
You are responsible for transfer of your data to third party applications
KidsXap has a privacy complaints process
If you wish to complain about how we have handled your personal information, please provide us with full details of your complaint and any supporting documentation:
Our Privacy Officer will endeavour to:
KidsXap reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to this Website. KidsXap will make every effort to communicate any significant changes to you via email or notification via the Service. Your continued use of the Service will be deemed acceptance of any amended Policy.
TERMS AND CONDITIONS FOR BUSINESS USING KIDSXAP
If any of the provisions of the Apple Terms, the Android Terms or any applicable Xap Policies conflict with these Terms, these Terms have priority, solely to the extent such Terms apply to the App.
These Terms supplement and incorporate:
Any request to access your Data must be made in writing to us via the Site or to email@example.com and you must provide us with at least one months’ notice. Xap reserves the right to refuse access to data it deems as sensitive
Xap has implemented and will maintain security systems for the transmission of customer data, consisting of encryption and “firewall” technologies that are understood in the industry to provide adequate security for the transmission of such information over the Internet. Xap does not guarantee the security of the these services and Xap will not be responsible in the event of any infiltration of its security systems, provided that Xap has used commercially reasonable efforts to prevent any such infiltration. You acknowledge and agree that you, and not Xap is responsible for the security of Data or any other information stored on your servers, and that Xap is not responsible for any other party’s servers.
If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (Force Majeure), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”.
Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.