Privacy Policy


Version 1

Valid from: 29/08/2018

Version 1.1

Valid from: 09/11/2018


INTRODUCTION

At Pocket Full of Dreams Pty. Ltd, ABN – 98 125 037 443, t/a Cubsta (“we”, “us”, “our”) are strong advocates of creating and maintaining an online community for every Child and those around them, in order to thrive and foster in a safe and secure environment. Therefore, we take privacy and security very seriously and as an ongoing commitment for this, Cubsta in all its dealings Privacy Act 1988 (Australia) and General Data Protection Regulation (EU) compliant. The following terms have the following meanings in this Privacy Policy:
• “Account Holders” refers to anyone in possession of an account with Cubsta including but not limited to Authorised Viewers, Early Childhood Education Service Providers/Childcare Providers, and Primary Account Holders/Parents/Guardians/Relatives/Caregivers and/or any other responsible adults.

• “Data Protection Laws” refers to those laws as applicable to the processing on Personal Data as part of our commitment towards data protection and privacy laws. Processing refers to any action undertaken or performed on the Personal Data in question such as collection, recording, organisation, structuring, storage, adaptation, use, disclosure, combination, restriction, or erasure.
Cubsta at all times is committed to adhering to and complying with the Privacy Act 1988 (Australia) the General Data Protection Regulation (EU); and any other applicable privacy legislation.

PRIVACY POLICY OVERVIEW

This Privacy Policy sets out how Cubsta Limited (“Cubsta”, “we”) treats personally identifiable information. We encourage you to review this Privacy Policy in detail and in conjunction with our Terms and Conditions, to understand how your Personal Information collected, stored, used and disclosed as required. Where appropriate, specific authorisations or consents may be obtained from time to time.

By continuing to use the services offered by Cubsta, you are in agreement of this Privacy Policy. If such is not the case and you don’t agree or if you do not agree with our Terms & Conditions, please refrain from using Cubsta. You can contact us with questions about this policy at care@cubsta.com.

COLLECTION OF PERSONAL INFORMATION

Your access to the Website and/or Application implies consent and agreement to adhere to our Privacy Policy of Cubsta which details here how your Personal Information is collected, used, disclosed, stored and processed, by lawful and fair means and not in an unreasonably intrusive way.
Personal Information refers to the information pertaining directly or indirectly about a person including but not limited to names, dates of birth, email addresses, home and work addresses, telephone numbers and photographs that may reveal the person’s identity.

Cubsta collects Personal Information in the following circumstances including but not limited to:

• Personal information directly being shared with Cubsta by the Parent/Guardians, Caregivers, Relatives or other Responsible Adults (whether face to face or otherwise);
• At the time when a user engages in registering with Cubsta with the intent of using the Application;
• When Personal Information about including a photograph or video of an individual is loaded into the Application by the Parent and/or Childcare service to which he or she is enrolled;
• In relation to a Child, from that person’s Parent/Guardian, family member or Early Childhood Education Service Provider at a centre using the Application, or a Professional Care Provider who has registered to use the Application;
• In relation to a Child, from that person’s Parent/Guardian, Family member or Early Childhood Education Service Provider at a centre using the Application, where posts are made by Users through the Application;
• When a user engages in a financial transaction with Cubsta by way of using a credit card or a method of payment other than cash;
• When a user engages in communication with Cubsta by way of deploying social media platforms, visit our Website and/or send an enquiry through or make a comment or other post at the Website;
• When you provide consent and details to receive marketing and promotional emails from us:
• When we enter a contractual agreement with another organisation for commercial purposes;
• When we engage in the collection of details such as employment history and educational qualifications for purposes of employment with Cubsta.

Information from Early Childhood Education Service Providers’ is collected in the following ways including but not limited to:

• Information is included by way of reports provided by the Educators.
• Pictures, videos, messages, plans, forms, reports and other content in a Child’s portfolio related to a Child.

The Personal Information that is collected by Cubsta is not for rent, sale or sharing with other people or non-affiliated companies for any purpose without your explicit consent.

Personal Data shared with Cubsta by Account Holders:

Cubsta collects Personal Information when it is directly being shared with Cubsta by the Parent, Guardians, Caregivers, Relatives or other responsible adults including but not limited to Educators, Childcare Centre Management (whether face to face or otherwise), making the account Holder a joint data-controller along with us in respect of such Personal Data. Such Personal Data can be collected by Cubsta by way of the following but not limited to when the Account Holder invites another person to become an Account Holder by creating a Child Profile or Educator Profile, partakes in posting, tagging or commenting to any content shared that contains Personal Data of another person and undertakes uploading or transfer of any content that may contain Personal Data. The account holder acknowledges and holds the responsibility to provide appropriate permission for us to collect and process information about any such person.

USE OF PERSONAL INFORMATION

The Personal Information that is collected by Cubsta is used for the following purposes including:

• Allow us to enhance and/or improve the service offerings of Cubsta including the Website and/or Application features;
• Storing, accessing and updating records of each Child within the care of the Childcare provider;
• To verify the identity of the user;
• To facilitate authorised financial transactions with the user;
• To address and respond to enquiries, feedback or complaints;
• To notify users of any changes to the service offering of Cubsta;
• Demonstrating how the Childcare provider operates as part of any Education Review Officer assessment of the Childcare service;
• Where Educators at centres and their educational mentors, for their further professional development, may view, some content of an account to which an Early Childhood Education Service Provider has lawful access;
• promoting the growth and development of Children;
• To protect our legal interests and fulfil our regulatory obligations;
• In other circumstances, with your prior consent.

Cubsta does not rent, sell, or share any Personal Information about your Child with other people or non-affiliated companies for any purpose without your explicit consent.

A Childcare provider acknowledges that any information uploaded to our Application which directly or indirectly identifies a staff member will be made available to other staff within the Childcare provider and to Parents of relevant Children.

Each Childcare provider has the responsibility to seek Parental consent before uploading any information to the Application. However, if for any reason you have not given your consent, please contact your Childcare provider immediately.

In an instance whereby we enter an agreement with a third-party solutions provider for the purposes of collecting fees on behalf of Cubsta, you will be transferred to our third-party payment provider and all your financial information (e.g. credit card numbers, bank accounts etc.) will be collected and held by that payment provider, not by us. If you would like to know how the payment provider will handle your Personal Information, please see its Privacy Policy.

We may, subject to legislative requirements, send occasional emails to you in relation to our current or future services. We offer all our users the option to opt out of receiving any electronic marketing communications from us and/or selected third-parties by clicking on the “unsubscribe” link in any email communications we send. Some features of our Application may require us to share recommendations or suggestions for goods, services or benefits that we offer.

Lawful Basis for processing personal information

In order for Cubsta to:

• Perform account administration tasks;
• Deliver service and
• Handle disputes and conflicts of any nature

You acknowledge and agree that the processing as mentioned above is necessary for the performance of a contract to which the data subject is a party (being the Agreement).

Legitimate interests: In respect of all other processing of Personal Data detailed in this Privacy Policy (including direct marketing activities), such processing is necessary for the purposes of a legitimate interest pursued by Cubsta, and we have assessed that such interests are not overridden by the interests or fundamental rights and freedoms of the persons to whom the Personal Data relates.

A user can object at the way personal data is processed where the processing is based on legitimate interests. More information is available under the “Your Rights” section.

Although Cubsta is a joint data-controller alongside the relevant Account Holder, An Account Holder is responsible for determining the legal basis upon which that Personal Data is processed. More information is available under the “Your Responsibilities” section.

ACCESS TO PERSONAL INFORMATION

The Personal Information of a Child is the property of the Child’s Parent/Guardian and not owned by Cubsta. To the best of our ability, we aim to ensure such Personal Information continues to remain private and accessible only to disclose to people the Childcare provider and/or Parent/Guardian specifically authorises us to disclose to. Whilst Parents would have access to information about their own Child(ren), this may change in an event where the Child in question partakes in a group learning project or activity whereby his or her Personal Information may be made available to you and other Parents.

For the purposes of providing support, addressing technical issues, operational maintenance or for purposes of achieving continuous improvement, we might use the Child Portfolio and Child Information and marketing products and services we think may be relevant to you. This can include you providing us with permission to remotely access your site whilst providing services compliant with our cybersecurity and other security policies.

DISCLOSURE OF PERSONAL INFORMATION

Cubsta will never sell your Personal Information. To the best of our ability, Cubsta will exercise all reasonable efforts to keep all sensitive, personal and or confidential information safe and secure without any disclosures to any person/s except:

• To the relevant Parents of each Child or Users who have been granted access to a Child Profile by the Primary Account Holder or an Early Childhood Provider;
• To staff members of Cubsta and our authorised third party service providers on the ongoing development of the Application and the Website as necessary to operate the Service under equivalent obligations of confidentiality and privacy related to the Personal Information of the Child;
• To staff members and Educators of the client as authorised by the client;
• To any party that Cubsta has received to do so with the explicit written consent of the Primary Account Holder;
• In accordance with the Privacy Policy of Cubsta;
• If permitted or required by Law or any Court, or in response to a legitimate request by a law enforcement agency. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
• In an event where Cubsta (and its assets) are sold, merged, consolidated, liquidated, reorganised, or acquired and such disclosure is necessary and only when the purchaser/acquirer agrees to be bound by corresponding confidentiality and privacy terms);
• In an event where a group activity is undertaken with multiple Children Cubsta may make information in respect of that activity available to other Parents;
• Organisations who carry out credit, fraud and other security checks;
• Payment processors;
• Hosting services;
• Content delivery services;
• IT support providers;
• IT support providers;
• Marketing businesses engaged by us to disseminate materials to which recipients have consented;
• Where the information may be beneficial for the early education sector provided this information is made anonymous or is aggregated into de-personalised information.

You agree and accept that Cubsta may deploy the services of third party vendors and hosting partners to store and manage Content and facilitate the effective flow technological requirements including hardware, software, networking, storage, and related technology in order to assist with the smooth operation of this application.

TRANSBORDER DATA FLOWS

Cubsta’s head office is located in Australia and all Personal Information that we collect, hold and process is stored and hosted in Australia. In an instance where Cubsta needs to share limited Personal Information with third party vendors located outside Australia, in respect of the transfer of Personal Data to any other countries, such vendors are not permitted to (and are contractually obligated to not) access or use the Personal Information provided except for those limited purposes.

In respect of our responsibilities under the GDPR, the appropriate safeguard in place for such a transfer is the existence of an adequacy decision under Article 45 of the GDPR. 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.

DATA STORAGE

All Personal Information that Cubsta collects, holds and processes, is managed and continuously monitored by our service provider in Australia, Servers Australia Pty. Ltd ABN: 98 125 037 443. Cubsta is not the owner of any Personal Information but an agent that stores information on behalf of the Childcare provider with contractual agreements that govern the way in which such Personal Information is treated.

We do not edit, adapt, delete or update such information unless specifically directed by the Childcare provider or for the purposes of providing support, addressing technical issues, operational maintenance or for purposes of achieving continuous improvement. For any complaints, feedback and or queries in regards to this including but not limited to address any mistakes or incomplete information please contact your Childcare provider directly.

SECURITY OF PERSONAL INFORMATION

Cubsta is a major advocate of Cyber Security and our commitment to Child safety and well-being online is reflected in our very DNA. Designed in consultation with Information and communications technology (or technologies) (ICT) security experts, Cubsta is an encrypted, password protected site constantly monitored with the latest security systems and using an encrypted connection to protect the transmission of information over the internet, thus providing a platform that is safe and private, accessible only to authorised users with explicit written permissions of primary Guardians.

To the best of our ability, we employ a range of measures including but not limited to 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 so as to ensure that the Personal Information we hold on behalf of Childcare providers is protected at all times 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).

You agree and acknowledge that each User who has posted the Content in question and each Primary Account Holder releases Cubsta from any liability associated with acts or omissions that occurs in connection with the corresponding Account and Child Profiles that may contravene the above clause.
It is the responsibility of the Childcare provider and Parents to choose and create their own passwords to ensure the safety and security of the data is maintained and keep all usernames and passwords confidential. We do not store your password on our servers.

The Childcare provider must only share the Personal Information of a Child with those that have a genuine “need to know” the Child’s Personal Information.

Internet services cannot be guaranteed to be 100% secure in all aspects (including in relation to unauthorised use and disclosure of Personal Information, therefore, you agree that you use this service at your own risk, and you should only proceed to use the Application if you accept this condition.

YOUR RIGHTS

You have the right to access the Personal Information we hold about you. You also have the right to have your Personal Information corrected. You also have the right to request the erasure of any or all of your Personal Data; restrict or object to the processing of any or all of your Personal Data; request the porting of any or all your Personal Data to another organisation; withdraw any consent to processing that you have previously given in respect of any or all of your Personal Data; and lodge a complaint regarding our data processing activities as they relate to your Personal Data with the supervisory authority in your member state.

To obtain a copy of the Personal Information we hold about you, or to update it, please email us on care@cubsta.com

In your request, please specify in detail the information in question to help us locate it. All requests would be responded to in accordance with the applicable Data Protection Laws where you reside.

We will exercise all reasonable efforts to the best of our ability to provide this information to you efficiently. However, you acknowledge and agree that where requests are complex and/or multiple in nature, there may be a delay of up to 3 months in servicing the request. In such an instance, we will inform you of such delay. If your request attracts a service fee, we will advise you of the cost in advance.

You acknowledge and agree that in an instance where we are unable to identify you with the information we hold, your rights as described above shall not apply.

STATISTICAL INFORMATION

From time to time in the interest of improving our service offerings, application features and user experience, we may engage in collection of non-Personal Information, purely statistical in nature including, but not limited to pages accessed on the Website and Application, Website and Application visit times, links that are clicked on, IP address, and cookies. Currently, Cubsta is not equipped to recognise Do Not Track (DNT) signals sent by our Users’ web browsers.

COOKIES AND TRACKING

We may engage in the collection of non-Personal Information, purely statistical in nature by way of deploying several technologies including but not limited to using cookies, pixels and web beacons. Whilst the user can control and/or limit the use of cookies at the individual browser level, this may impact the way in which the user can use the Website and/or Service.

Personal Data may be collected as log files, or through cookies or other tracking technologies, stored against associated Accounts, and linked to the other Personal Data we hold about associated Accounts. Moreover, in relation to third parties, videos or social media buttons or other content embedded on the Website may set cookies on a User’s browser and/or obtain information about web browsing to have been undertaken identifying the specific IP address.

CANCELLING YOUR ACCOUNT

In an event where your account and access to Cubsta is restricted, your Personal Information associated with the account may also become restricted in nature with no access to you for the same. Any activity that you would have engaged in, including but not limited to content posting, may remain available to other people associated with a Child in your account. Ongoing data back-up and archiving may result in residual copies of such Content is available.

CHANGES TO OUR PRIVACY POLICY

From time to time, to comply with regulatory requirements change and/or changes to our service offerings, we amend, update and/or replace these Terms of Use with or without prior notice as deemed necessary. You are therefore encouraged to visit this page regularly to keep abreast with the same. Any updates made to the Terms of Use are deemed effective immediately.

To the best of our ability, we will endeavour to make announcements by way of posting notifications on our Website to any changes that constitute a material change to this Agreement. Should you wish to continue accessing and/or using this service post such changes, this would imply your consent and acceptance to the updated agreement. If such is not the case, you may exit this website and our service offering by way of cancelling your account.

YOUR RESPONSIBILITIES

Uploading and transferring other people’s Personal Data through the Service

As a user of the service offered by Cubsta and acting as a joint controller of Personal Data, specifically in relation to upload and transfer other people’s Personal Data, you acknowledge and agree to the following:

• Compliance with all Data Protection Laws applicable;
• Obtain or shall obtain consent from the relevant person/s under Data Protection Laws to process the Personal Data through the Service;
• Refrain from uploading or transferring “sensitive data”;
• Must promptly without delay, notify Cubsta of a security breach or incident that you become aware of and cooperate with us by way of not withholding any information regards to the same when requested by us to resolve the security incident;
• Engage in using the services offered by Cubsta, in a responsible and appropriate; manner ensuring you undertake all reasonable steps to the best of your capacity to backup any Personal Data;
• Notify Cubsta in a prompt and efficient manner without delay when an Account Holder withdraws their consent, or any part of their consent, or objects to any processing of Personal Data through the Service;
• Make an independent decision to ascertain whether Cubsta and its service offerings meet your requirements and legal obligations under Data Protection Laws;
• Ensure you maintain the accuracy of the data by undertaking regular updates to the Personal Data stored on your Account;
• Acknowledge that the terms and conditions and Privacy Policy of Cubsta may change from time to time to better reflect technical progress and development and you shall ensure you will review the latest version of the Terms of Use and Privacy Policy from time to time.


Please get in touch with us if you require any additional information.

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