Terms and Conditions and Privacy Policy

TERMS AND CONDITIONS

OF “KINDYROO BULGARIA” LTD
CONCERNING TRAINING CHILDREN WITH THE
TODDLER KINDY GYMBAROO SYSTEM/

“KINDYROO BULGARIA” LTD /hereinafter referred to as “CONTRACTOR”/, UIC 202659065, with headquarters and business address at office 501, 5th floor, # 5 “Nikola Vaptsarov” str., Primorski area, Varna 9010, Bulgaria, provides training services for children with the TODDLER KINDY GYMBAROO system under these general Terms and Conditions. The parent or caregiver /hereinafter reffered to as “ASSIGNOR”/, who wants to sing up his child /hereinafter referred to as “THE CHILD”/ to be trained by the system, shall accept these General Terms and Conditions, which have the nature of a contract between the ASSIGNOR and the CONTRACTOR.

GENERAL TERMS

(A) On 30 September, 2013 the CONTRACTOR, as a franchisee has signed leagal contract obtaining frinchese rights /hereinafter referred to as “THE FRANCHISE AGREEMENT”/ with the Australian company TODDLER KINDY GYMBAROO PTY LTD., ACN 006 166 141 being the franchiser and hereinafter referred to as “THE FRANCHISOR”- a company registered under the laws of Australia, State Victoria, registration number ACN 006 166 141, with a registered address:142 Cotham Road, Kew in the State of Victoria, Australia;

(B) By virtue of the FRANCHISE AGREEMENT, the FRANCHISOR gave the CONTRACTOR under this contract, as a franchisee, the exclusive right to provide a system of services aimed at motor-sensory skills development in young children in the Republic of Bulgaria, which system is known in Australia under the name and logo of Toddler Kindy Gymbaroo and which system includes the right to use trademarks, logos, business names and names of domains according to the FRANCHISE AGREEMENT, that are used by the FRANCHISOR in connection with the provision of the aforesaid services in Australia, that include the words, и “Toddler KINDYROO”, “BabyRoo”, “KINDYROO” and “KiddeeRoo” ; the system also includes standardized operational methods and procedures, training methods, sales and management techniques, know-how and other industrial property that are developed by and are owned by the FRANCHISOR and are used in Bulgaria by the CONTRACTOR;

(C) THE CONTRACTOR performs the activity of providing the aforementioned system of services in specialized centers as well as in kindergartens on the territory of the Republic of Bulgaria by assigning the organization for provision of these services through contracts with his contractors.

TAKING UNDER CONSIDERATION ALL OF THE ABOVE, THE ASSIGNOR AND THE CONTRACTOR AGREE TO THE FOLLOWING:

1. The ASSIGNOR assigns to the CONTRACTOR and the CONTRACTOR agrees to provide a training course for the THE CHILD using the TODDLER KINDY GYMBAROO system with a program selected by the ASSIGNOR (hereinafter referred to as “THE PROGRAM”/, in a specialized training center chosen by the ASSIGNOR amongst the proposed by the CONTRACTOR centers.

2. (1) TheASSIGNOR fills in an online form drawn up by the CONTRACTOR, stating the details of his/her CHILD and the PROGRAM which he/she choses THE CHILD to be trained with.
(2) The programs are offered for four terms
(3) The programs are held in groups from 3 to 15 children and 15 parents.
(4) Information on the programs offered is available on the website of the CONTRACTOR.

3. The CONTRACTOR shall be obliged to:

3.1. Inform the ASSIGNOR through the website about the children’s education programs that the CONTRACTOR offers and to provide to the ASSIGNOR an online form to fill out in which the ASSIGNOR chooses a training program for THE CHILD;

3.2. Ensure that the training PROGRAM for THE CHILD selected by the ASSIGNOR will be conducted according to the Toddler Kindy Gymbaroo system.;

3.3. Not to carry out the TRAINING PROGRAM in the absence of the ASSIGNOR or any other adult authorized by the ASSIGNOR.

Art.4. The ASSIGNOR shall be obligated to:

4.1. Fill out the form provided by the CONTRACTOR indicating the PROGRAM he wishes to be used for training THE CHILD.;

4.2. To be present during the program sessions and to monitor the safety of the CHILD or, as the case may be, to ensure the presence of another adult able to do so;

4.3. To pay to the CONTRACTOR the due fee according to these General Terms prior to the lessons for which the fee relates;

4.4. To follow the requirments that have been put in writing for all parents by the CONTRACTOR, including clothing requirements, etc., and to ensure that THE CHILD complies with these requirements. In the case of violations by the ASSIGNOR or THE CHILD, the CONTRACTOR has the right to issue a warning (in writing or by e-mail) to the ASSIGNOR. If the violation is repeated, the CONTRACTOR shall have the right to terminate this Agreement pre-term in writing without notice in accordance with clause 9.2.2 of these General Terms and Conditions.

5. The ASSIGNOR and the CONTRACTOR agree that the CONTRACTOR is not responsible for the safety of THE CHILD during the training sessions that take place in the presence of the ASSIGNOR or of another adult person authorized by the ASSIGNOR and the safety of THE CHILD is a sole responsibility of the ASSIGNOR.

6. The ASSIGNOR explicitly declares that he gives his consent as well as consent on behalf of THE CHILD the personal data of the ASSIGNOR and THE CHILD included in the form under item 4.1 of these General Terms and Conditions to be processed by the CONTRACTOR in accordance with the Personal Data Protection Act . More details on the CONTRACTOR’s policy on the processing of personal data are provided on the website of the CONTRACTOR.

7. The ASSIGNOR explicitly declares that he agrees his/her CHILD to be photographed during the training activities conducted during THE PROGRAM by the CONTRACTOR or by the contractors of the CONTRACTOR (or their employees) who is conducting the training sessions on THE PROGRAM. The CONTRACTOR (or his contractors) is obliged to show the photos and videos taken by him to the ASSIGNOR. THE CONTRACTOR may use for training and advertising purposes only those pictures and video materials for which the ASSIGNOR has given his written consent.

8. (1) For the training under item 1. The ASSIGNOR is obliged to pay to the CONTRACTOR a fee, the amount of which is indicated on the CONTRACTOR’s website, where the length of one lesson is 45 minutes.

(2) The fee under para 1 shall be paid only via the Internet through the electronic business system, provided by the CONTRACTOR, which provides for non-cash payments via Internet.

(3) The fee under para 1 shall be paid at the beginning or in the middle of the academic year. There are three payment options & ndash; monthly, by term and during the term. Monthly payment should be made by the first day of the month. The term payment should be made by the first day of the relevant training period

(4) In the case of absence caused by illness of THE CHILD, THE CHILD of the ASSIGNOR is entitled to one make-up lesson free of charge for each term.

(5) If THE CHILD is absent due to illness for more than one month, the present contract is terminated and the CONTRACTOR is obliged to return to the ASSIGNOR the fee paid for the unaccounted classes..

(6) If a brother or sister of THE CHILD is already enrolled for training in a program proposed by the CONTRACTOR, the CHILD is entitled to a 10% (ten percent) reduction of the fee.

9. (1) This contract is signed for a period up to the end of the training program chosen by the ASSIGNOR.

(2) This contract is terminated pre- term:

9.2.1. By mutual agreement of the parties;

9.2.2. In cases under item 8, para 5;

9.2.2. With a two-week notice given in writing or by e-mail from either side to the other. If the notice is made by the CONTRACTOR, he owes the ASSIGNOR the fee paid for the part of the training program that continues after the expiration of the notice period. If the notice is made by the ASSIGNOR, he is entitled to be reimbursed by the CONTRACTOR half of the fee for the part of the training program that continues after the expiration of the notice period.

9.2.3. by notice /written notice or by e-mail / without prior notice by the CONTRACTOR, if the ASSIGNOR (or THE CHILD) has violated the requirements which have been announced in writing to all parents and children by the CONTRACTOR, has been warned by the CONTRACTOR for the violation under item 4.4 of this contract and has committed a new breach. In this case, the fee paid by the ASSIGNOR will not be refunded.

These General Terms and Conditions shall enter into force on May 20, 2014. and have the nature of a contract between the ASSIGNOR and the CONTRACTOR.

 

PRIVACY POLICY

KindyROO Bulgaria LTD (KindyROO)

I. Privacy Policy Summary
When you use KindyROO Bulgaria Ltd. products and services, you trust us with your information. This Privacy Policy is meant to help you understand what data we collect, why we collect it, and what we do with it. This is important; we hope you will take time to read it carefully.
KindyROO Bulgaria Ltd. cares about your privacy. For this reason, we collect and use personal data only as it might be needed for us to deliver to you our world-class products, services, websites and Mobile Apps (collectively, “KindyROO services”). Under the Data Protection Act 1998, the EU General Data Protection Regulation (GDPR) approved by the EU Parliament on 14 April 2016 and related laws, we have a legal duty to protect the personal information we collect from you.
Your personal data includes information such as:
• Name
• Address
• Telephone number
• Date of birth
• Email address
• Your child name, gender, date of birth
• Other data collected that could directly or indirectly identify you.
Our Privacy Policy also describes options we provide for you to access, update or otherwise take control of your personal data that we process.
If at any time you have questions about our practices or any of your rights described below, you may reach our Data Protection Officer (“DPO”) and our dedicated team that supports this office by contacting us at [email protected] This inbox is actively monitored and managed so that we can deliver an experience that you can confidently trust.

II. What information we collect
1. Information you give us
1.1 Information that is necessary for the use of KindyROO services.
We ask for and collect the following personal information about you when you use KindyROO services. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
Account Information. When you, the customer, registers on our website, we require certain information such as:
 Title: To give the customer opportunity to choose how he/she wishes us to address him/her
 Name and Surname: To be able identify each customer as an individual and unique one and to prevent misuse and false registrations
 Email:
 The email address allows the customer to enter the user portal and change his/her data as well as monitor his/her payments, class attendance and access additional services such as weekly handouts, neurological information etc.
 The email address enables us and our representatives to inform the customer about upcoming events related to the KindyROO learning process, new term themes, class cancellations or changes, teacher illness, quarantine due to illness and other force majeure circumstances
 The email address allows customers to be informed about upcoming early enrolment and discounting opportunities and anything they may need as information about the KindyROO Learning Process as well as informing them about upcoming events and seminars we organise.
 All these email messages directly related to the provision of our service can also be sent via Facebook
 Relationship with the child – to know whether the parent, career or other relative of the child is the registered customer
 Town: to recommend a KindyROO centre nearby
 Address: for postal correspondence including posting a certificate of completed class level.
 Telephone: to inform the customer when there is unplanned change or cancellation of class times or days, any urgent messages related to the KindyROO learning process; to inform them about new term registration and respectively for them to know on time if there are any promotions they can benefit from.
 Where did you hear about KindyROO? – this information is needed to measure the effectiveness of our communication and to enable us improve our services.
 Child’s name: to be able to assign the child to age specific class, especially if the parent enrols more than one child. Address the child by name in class, helps them recognise their names from a young age.
 Child’s gender: to plan the learning process and define the colour of the branded materials (including Welcome kits), that are different for boys and girls.
 Child’s birth date: to enable customer to choose the appropriate KindyROO class. Since classes are formed by age principle without inputting date of birth of the child, the customer cannot choose appropriate class or any class for that matter.

1.2 Information you choose to give us
You may choose to provide us with additional personal information in order to obtain a better user experience when using KindyROO services. This additional information will be processed based on your consent.
 Marketing consent to receive information by email, Push notifications, Facebook and/or SMS
 Consent for photos – you may give us consent to take pictures and videos of you and your child to be used for marketing, advertising and training purposes
 Other Information. You may otherwise choose to provide us information when you fill in a form, conduct a search, update or add information to your KindyROO parent portal, respond to surveys, participate in promotions, or use other features of the KindyROO services.

1.3 Information that is necessary for the use of the Payment Services
The Payments Data Controller needs to collect the following information, as it is necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services:
 Payment Information. To use certain features of KindyROO services (such as booking or purchasing), we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments (via external Payments provider).

2. Information We Automatically Collect from Your Use of KindyROO services and Payment Services.
When you use KindyROO services and the Payment Services, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the KindyROO Services and Payment Services.
 Usage Information. We collect information about your interactions with the KindyROO Services such as the pages or content you view.
 Log Data. We automatically collect log data and device information when you access and use KindyROO Services. That information includes, among other things: details about how you’ve used KindyROO Services, IP address, access dates and times, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using KindyROO Services.
 Cookies and Similar Technologies. We use cookies and other similar technologies. We may also allow our business partners to use these tracking technologies on KindyROO Services or engage others to track your behaviour on our behalf. For more information on our use of these technologies, see our Cookie Policy.
 Payment Transaction Information. KindyROO Services collects information related to your payment transactions through KindyROO Services, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, your address and other related transaction details. This information is necessary for the adequate performance of the contract between you and KindyROO to allow the provision of the Payment Services.

3. Information We Collect from Third Parties
KindyROO Bulgaria Ltd. may collect information, including personal information, which others provide about you when they use the KindyROO Services and the Payment Services, or obtain information from other sources and combine that with information we collect through the KindyROO Services and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
 Third Party Services. If you link, connect, or login to our Mobile Apps with a third party service (e.g. Google or Facebook), the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorised by you via your privacy settings at that service.
 Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you.

III. How we utilise information
We strongly believe in both minimising the data we collect and limiting its use and purpose to only that (1) for which we have been given permission, (2) as necessary to deliver the Services we are obliged to provide, or (3) as we might be required or permitted for legal compliance or other lawful purposes. These uses include:
Delivering, improving, updating and enhancing KindyROO Services we provide to you. We collect various information relating to your use and/or interactions with KindyROO Services. We utilise this information to:
• Improve and optimise the operation and performance of our Services
• Diagnose problems with and identify any security risks, errors, or needed enhancements to KindyROO Services
• Collecting aggregate statistics about use of the KindyROO Services
• Understand and analyse how you use KindyROO Services and what products and services are most relevant to you.
Often, much of the data collected is aggregated or statistical data about how individuals use KindyROO Services, and is not linked to any personal data, but to the extent it is itself personal data, or is linked or linkable to personal data, we treat it accordingly.
Sharing with trusted third parties. We may share your personal data with affiliated companies within our corporate family, with third parties with which we have partnered to allow you to integrate their services into our KindyROO Services, and with trusted third party service providers as necessary for them to perform services on our behalf, such as:
• Processing credit card payments
• Conducting contests or surveys
• Performing analysis of our Services and customers demographics
• Communicating with you, such as by way of email or survey delivery
We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilising, sharing or retaining your personal data for any other purpose than as they have been specifically contracted for (or without your consent).
KindyROO organisations that will deliver the services to you: KindyROO Bulgaria Ltd., its franchisor and its franchisee for the chosen by you centre have access to the provided personal data.
An example: When customer registers in KindyROO Bulgaria website and chooses KindyROO Pleven centre, his/her data is visible to: KindyROO Bulgaria Ltd. To the company who is the franchisee for that centre and to TKG Pty Australia (master franchisor and owner of KindyROO trade mark and brand).

Data access is also available to the company that supports KindyROO’s technology.
Communicating with you. We may contact you directly or through a third party service provider regarding products or services you have signed up or purchased from us, such as necessary to deliver transactional or service related communications. We may also contact you with offers for additional services we think you’ll find valuable if you give us consent or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to use our services. These contacts may include:
• Email
• Text (SMS) messages
• Telephone calls
• Mobile app notification
If we collect information from you in connection with a co-branded offer, it will be clear at the point of collection who is collecting the information and whose privacy policy applies. In addition, it will describe any choice options you have in regards to the use and/or sharing of your personal data with a co-branded partner, as well as how to exercise those options.
If you would like to request that your personal information is removed from our database, please contact us at [email protected]
Transfer of personal data abroad. Please note that information collected by the KindyROO Services will be stored in the European Union which may have different data protection laws than the country you reside in. You consent to our storage and processing of this information in the European Union by installing and using the KindyROO Services. If you utilise our KindyROO Services from a country other than the country where our servers are located, your communications with us may result in transferring your personal data across international borders. Also, when you call us or initiate a chat, we may provide you with support from one of our global locations outside your country of origin. In these cases, your personal data is handled according to this Privacy Policy.
Website analytics. We use multiple web analytics tools provided by service partners such as Google Analytics to collect information about how you interact with our website or mobile applications, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information. We use the information provided by these tools to improve our Services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. Each cookie cannot be used by anyone other than the service provider (ex: Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies. You can control the technologies we use by managing your settings through our Cookie Policy or the ‘cookie banners” that may be presented (depending on URL of website visited) when you first visit our webpages, or by utilizing settings in your browser or third-party tools.
Third-party websites. Our website and our mobile applications contain links to third-party websites. We are not responsible for the privacy practices or the content of third-party sites. Please read the privacy policy of any website you visit.

IV. How you can access, update or delete your data
To easily access, view, update or delete your personal data (where available), or to update your subscription preferences, please log onto y our portal and change the data you want to be changed. If you are unable for any reason to access your portal, you may also contact us by one of the methods described in the “Contact Us” section below and if you request us to do so, we will remove your personal data from our servers maximum within 30 (thirty) days.

V. How we secure, store and retain your data
We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilisation of encryption where appropriate. We retain personal data only for as long as necessary to provide the services you have requested and thereafter for a variety of legitimate legal or business purposes. If you have any questions about the security or retention of your personal data, you can contact us at [email protected]

VI. Transfer in the Event of Sale or Change in Control.
We may transfer information, including your personal information, in connection with a merger, sale, reorganization, acquisition or other change of ownership or control by or of KindyROO Bulgaria Ltd. or any affiliated company (in each case, whether in whole or in part). When one of these events occurs, we will use reasonable efforts to notify users before their information becomes subject to different privacy and security policies and practices.

VII. Changes in our Privacy Policy
We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page, at least thirty days prior to the implementation of the changes.

VIII. Contact us
If you have any questions, concerns or complaints about our privacy Policy, our practices or our Services, you may contact our Office of the DPO by email at [email protected]