FROEBEL Australia Limited Privacy and Confidentiality Policy
The purpose of this policy is to outline the procedures for ensuring records and information that FROEBEL Australia Limited (in the following: FROEBEL) is required to collect are stored and managed according the Privacy Act (1988) and The Australian Privacy Principles (APP) (2014).
COLLECTION OF CHILD/FAMILY INFORMATION
Personal information will only be collected in so far as it relates to the centre’s activities and functions, and in line with relevant legislation.
Collection of personal information will be lawful, fair, reasonable and unobtrusive.
Basic information such as name, date of birth, medical details, routines, address and phone numbers along with any specific requirements of a child parents/guardians will be directly collected.
A personal profile on each child will be created to ensure that all their specific needs are met.
If applicable, our centre is also required to collect information regarding any government childcare assistance.
Some of the information we collect is to meet legal requirements. When applicable, the centre is obligated to provide legal institutions with personal information about parents/guardians and their children. Examples of these institutions include The Family Law Court, Department of Health and the Department of Community Services. Some of this information will obviously be of a sensitive nature. The centre will use as much discretion as possible when doing so.
The Approved Provider or Nominated Supervisor will advise individuals about any unsolicited personal information we receive from other organisations and keep because it is directly related to our functions and activities (unless we are advised not to by a Government authority). The Approved Provider or Nominated Supervisor will destroy any unsolicited personal information that is not directly related to our Service operations unless it adversely impacts the health, safety and wellbeing of a child or children at the service. If this happens the Approved Provider or Nominated Supervisor will contact the appropriate Government authorities and take action as directed while protecting the confidentiality of the individuals concerned.
FROEBEL uses the web-based platform Typeform to collect information for waiting list details, enrolment, ongoing engagement with policy reviews and family surveys when enrolment ceases. FROEBEL will ensure that you are provided with all relevant information for why and how the data will be used.
For mailing purposes (Waiting List Updates and Newsletters) your email address will be imported to Mailchimp, a secure email marketing platform. No identifying personal information other than your email address will be stored on Mailchimp.
FROEBEL uses the web-based platform Storypark for documentation of children’s learning and development, upon enrolment you will be provided with an invite to Storypark which outlines the terms and conditions for privacy and confidentiality within this platform.
Individuals who provide personal information will be advised by the Approved Provider or Nominated Supervisor of this policy and;
- the name and contact details of the centre;
- the fact that they are able to gain access to their information;
- why the information is collected;
- the organisations to which the information may be disclosed;
- how the information is stored;
- the length that information has to be archived;
- how information is disposed;
- any law that requires the particular information to be collected; and
- the main consequences for not providing the required information.
Confidential conversations will be conducted in a quiet area away from other children, parents and educators. Such conversations are to be documented and stored in a confidential folder.
USAGE AND STORAGE OF INFORMATION
The use or disclosure of personal information will only be for its original collected purpose, unless the individual consents or unless it is needed to prevent a health threat or is required or authorised under law.
The Approved Provider or Nominated Supervisor will take steps to ensure the personal information collected, used or disclosed, is accurate, complete and up to date. Parents/Guardians will be required to update their enrolment details whenever they experience a change in circumstances. Computer records will be updated as soon as new information is provided.
CHILD AND FAMILY RECORDS
You will be given access to all records kept, including copies if asked for.
Our records about the family will be as up to date as possible.
Our records will be kept in secure files at the centre and in an electronic folder in order to protect them being lost or misused, which will be ensured by FROEBEL.
When a trainee/student has a valid reason for needing to see these records, for example, training requirements, the student must have written consent from you and the Centre Director.
In the event that people (e.g. our accountant) require the personal information, the information will be ‘de-identified’ so that they may access it without being able to identify individuals. We will do this by blackening the name and date of birth of each individual mentioned in the personal record.
Personal information will be kept in a secure and confidential way, and destroyed by shredding or secure file removal, when no longer needed. Online files will be deleted.
The physical repositories of personal information about enrolled children and their families are kept in a locked filing cabinet in the Centre Director’s office and filed in a secure online file.
Every employee is required to sign a Confidentiality Statement as part of their contract.
Employee information is stored securely in the Centre Directors’ Office and / at Head Office.
No educator may give information or evidence on matters relating to children and/or their families to anyone other than the responsible parent/guardian, unless prior written approval by the responsible parent/guardian is obtained. Exceptions may apply regarding information about children when subpoenaed to appear before a court of law.
Notwithstanding these requirements, confidential information may be exchanged in the normal course of work with other educators at the centre and may be given to Head Office, when this is reasonably needed for the proper operation of the centre and the wellbeing of children and educators.
Reports, notes and observations about children must be accurate and free from biased comments and negative labelling of children.
Educators will protect the privacy and confidentiality of other staff members by not relating personal information about another staff member to anyone either within or outside the centre.
Students/people on work experience/volunteers will not make educators/children or families at the centre an object for discussion outside of the centre (e.g. college, school, home etc.), nor will they at any time use family names in recorded or tutorial information.
Students/people on work experience/volunteers will only use information gained from the centre upon receiving written approval from the centre to use and/or divulge such information and will never use or divulge the names of persons.
ACCESS TO INFORMATION
Individuals will be provided with access to their personal information and may request that their information be updated/ changed or deleted where it is not current or correct.
Individuals wishing to access their personal information must make application to the Nominated Supervisor or Approved Provider, who will arrange an appropriate time for this to occur. These requests may be made by telephone to the Centre Director or Head Office on +61 (2) 8080 0065 or email firstname.lastname@example.org or by mail, FROEBEL Australia Limited, 105 Pitt Street, Sydney NSW 2000.
The Approved Provider or Nominated Supervisor will protect the security of the information by checking the identity of the applicant and ensuring someone is with them while they access the information to ensure the information is not changed or removed without the Centre Director’s knowledge.
We will advise you promptly in writing if we are unable to provide access to the information, or access in the format requested. The advice will include the reasons for the refusal to provide the information (unless it is unreasonable to do this) and information about how to access our grievance procedure.
Where the aggrieved person is dissatisfied after going through the grievance process and has not had a response within 30 days, they may appeal to the Office of the Australian Information Commissioner using the following pathway: https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint
FRÖBEL takes the protection of personal data very seriously. This policy has been written to inform you, whether you are parents, prospective partners, future employees or visitors to our website, about the personal data we collect from you and what we do with it. It also informs you of your rights under data privacy laws and whom to contact if you have any questions.
In our capacity as Controller, as defined in the General Data Protection Regulation (GDPR),
FRÖBEL Bildung und Erziehung gGmbH
Data Protection Officer
- parents and their children under our care
- all other natural persons in contact with our company, e.g. legal guardians, representatives and employees of legal persons, applicants, but also visitors to our website and persons who register on the websites or on our apps.
What personal data do we collect from you?
We collect your personal data if you contact us, for example if you are interested in our online services, if you subscribe to our newsletters, submit requests or contact us by e-mail or telephone, or if you use our services as part of a contractual relationship.
Personal data are personal or factual details regarding an identified or identifiable natural person. This includes information such as your correct name, your address, your telephone number and your date of birth. Personal data do not include information that is not directly connected with your actual identity such as favourite web pages or number of users per page.
We collect the following data from you on this website:
- the page from which the file was requested,
- the name of the file accessed,
- the date and time of the request,
- the amount of data transferred,
- the access status (file transferred, file not found, etc.),
- a description of the type of web browser used and/or the operating system used,
- the anonymised IP address of the computer generating the request,
- the referrer URL (the page visited previously).
Other personal details such as your name, your address, telephone number or e-mail address are not recorded unless you provided this information voluntarily, for example during registration, a survey, competition, an application, in order to implement a contract or an information request. Data provided voluntarily will not be passed on to third parties without your express permission.
We use Google Analytics, a web analytics service offered by Google Inc. (“Google”) for this website. Google Analytics uses “cookies”, which are text files stored on your computer and which enable analysis of your use of the website. This allows reports to be created on website activities and additional services to be developed and provided to the website operator in connection with use of the website and Internet usage.
The information that cookies generate about your use of this website is normally transferred to a Google server in the USA and stored there. We have enabled IP anonymisation. This means that your IP address will be shortened within member states of the European Union or in other states that are party to the Agreement on the European Economic Area. In exceptional cases only, the full IP address is sent to Google in the USA and shortened there.
The IP address that is transmitted by your browser as part of Google Analytics is not merged with other data held by Google. You can prevent these cookies from being stored by enabling the relevant setting in your browser software. Please note, however, that you may be unable to use all functions available on this website in this case. In addition, you can prevent the information about your use of the website that is generated by the cookie (including your IP address) from being passed on to Google and from being processed by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
In view of the debate around the use of analytical tools with complete IT addresses, please note that this website uses Google Analytics with the “_anonymizeIp()” plug-in enabled, which means that IP addresses are shortened before processing to prevent them being used for individual identification (this is known as IP masking).
Click on this link: Disable Google Analytics, to prevent any future anonymous recording by Google Analytics on this website for your browser using an “opt-out” cookie.
We also use Google Analytics to analyse data from Adwords and the double-click cookie for statistical purposes. If you prefer, you can disable this function via the Ads Preference Manager (https://adssettings.google.com/authenticated?hl=en).
Who receives your data?
Within the FRÖBEL Group (FRÖBEL e. V., FRÖBEL Bildung und Erziehung gGmbH, FRÖBEL Akademie gGmbH, FRÖBEL International GmbH) your data is only accessible to those units or departments who require it to uphold our legitimate interests or to fulfil our contractual or legal obligations.
We can only disclose information about you if this is required by legal provisions or contractual agreements with you, or if you have given your consent. A legal obligation to pass on your personal data to external bodies may apply for example to justice or law enforcement bodies (police, public prosecutor’s office, courts).
We do not sell personal data to third parties.
Where do we use your data and what is the legal basis for this?
When a contractual relationship between us is to be created, its contents compiled or amendments made to it, we use your data to fulfil our contractual obligations. In order to implement the contractual relationship we need your address, your telephone number (or your e-mail address). This applies, for example, to childcare contracts and the associated login procedure or applications.
If you submit a request to us, we collect and use your personal data where this is necessary for these purposes (inventory data).
We only collect, process and use personal data to the extent that this is necessary to allow you to use the website (usage data).
We use the personal data you provide solely for the purpose of technical administration of the website and to fulfil your requests and requirements. This will normally be to expedite the contract signed with you and to respond to your enquiries.
We will only use these data for product-related surveys and marketing purposes if you have given prior consent or if you have not lodged an objection where this is provided for by law.
If it is necessary to transmit the personal data to an external service provider to render the service or respond to an enquiry, we shall implement technical and organisational measures to ensure that we comply with the legal provisions of the data protection law. FRÖBEL shall also require the external service providers to comply with the relevant legal provisions on data privacy, confidentiality and the requirement to erase personal data immediately after they are no longer required.
Additional information about how we use your data
Please note that contents that you send us by e-mail (for example via the Internet mailroom) are transmitted without encryption. This means that the security of legally protectable data and contents cannot be assured against unauthorised access and falsification during transmission. The same applies to e-mails which are triggered when an online form is sent. The forms themselves have SSL encryption.
Given that protecting children’s privacy is our priority, we do not wish to collect, process or use any personal data from persons under 18. If you are a parent or legal guardian and you discover that your children have transmitted their personal data to us, you can contact us at the address stated in the Legal Information section to arrange for the data to be erased.
We need a valid e-mail address from you so you can receive our newsletter. After you subscribe you will receive an e-mail asking you to confirm your subscription including the storage and use of your data for the newsletter mailout (double opt-in procedure). When you click on the link in the e-mail your e-mail address will be included on our newsletter mailing list and the time of confirmation by the owner of the e-mail address recorded. No other data will be collected. You can withdraw your consent at any time by sending an e-mail to email@example.com.
If, in exceptional cases, we also have to store personal data in a cookie, we will obtain your express consent in advance. Please note also that browsers generally include features that allow cookies to be managed.
FRÖBEL implements all technical and organisational measures required to protect your personal data against loss and misuse. Your data are stored in a secure operating environment which is not accessible to the public. If you wish to contact FRÖBEL by e-mail, please note that we cannot guarantee complete data security and so we recommend sending confidential information by post.
What rights do you have?
You have various rights under Articles 15 to 21 of the General Data Protection Regulation in relation to the processing of your personal data. We’d like to respond as quickly as possible to any questions you might have. Please use the contact details for our Data Protection Officer provided above.
Your right to withdraw your consent
Where your personal data are processed on the basis of your prior consent, you have the right to withdraw this consent at any time. The processing of personal data remains lawful until we receive a statement from you withdrawing your consent.
Your right to access, notification and correction
You can obtain access to your personal data processed by us. If your data are not accurate or are no longer accurate, you can obtain a correction from us. If your data are incomplete, you can have them completed. If we have passed on your data to third parties we shall inform these third parties of your correction where prescribed in law.
Your right to erasure of your personal data
You have the right to obtain the erasure of your personal data where:
- your personal data are no longer necessary in relation to the purposes for which they were collected;
- you withdraw your consent and there is no other legal ground for the processing;
- you object to the processing and there are no overriding legitimate grounds for the processing;
- your personal data have been unlawfully processed;
- your personal data have to be erased for compliance with a legal obligation.
You are not entitled to obtain an erasure if there are legal grounds that require the data to be processed.
Your right to restriction of processing of your personal data
You have the right to obtain a restriction of the processing of your personal data where:
- the accuracy of your personal data is contested by you, until we can verify the accuracy of the personal data;
- the processing is unlawful;
- your data is no longer required for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims;
- you have objected to the processing, pending the verification of whether your interests override it.
Your right to object
We may process your data based on legitimate interests or in the public interest. In such cases you have the right to object to the processing of your data. If you object we no longer process your personal data unless compelling legitimate grounds for the processing of such data override your interest in not processing them.
Your right to lodge a complaint
If you are dissatisfied with our response to your concerns, you are entitled to lodge a complaint with the FRÖBEL Data Protection Officer and the competent data protection authorities.
Your right to data portability
You have the right to receive your personal data from us in a transmittable and commonly used format.
How long do we store your data?
All personal data shall only be stored for as long as required for the stated purpose. Where the data are no longer required to fulfil contractual (processing your enquiry or expediting a contract) or legal obligations, they shall be erased unless they are required to be retained for a longer period. They may be required to be retained for a longer period, for example, to comply with retention periods stipulated by tax regulations or commercial law, or to obtain evidence for legal disputes within the statutory limitation periods. The limitation period for civil law may range from three to thirty years.