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Please read these Terms and Conditions of Use (the Terms) fully before using the Kinephonics language learning platform and any of the services, features or functionality on the Kinephonics platform (the Services) as they make up the legal framework applying to the use of the Services.
When you register with Kinephonics, you (the “End User”) agree to these terms and conditions of use (the Terms) and also agree to the terms set out in the Kinephonics Privacy Statement, which form part of our contract with you. By completing the registration, you agree to enter into a valid contract with Kinephonics on the Terms. By clicking the accept button as part of the registration process, you are agreeing to be bound by these Terms; or by using the services, you are agreeing to be bound by these Terms.
If you do not accept these Terms, then you should not register nor use the Services.
1.1 You are allowed to register as a user if an organization (the Organization), who has a subscription/contract with Kinephonics, has nominated or accepted you to join their designated group on the Kinephonics learning platform. You then gain access to use the Kinephonics learning platform and services and the information loaded onto that Organization’s separate group page by the Organization.
1.2 If you are under the age of 16, you will need to provide the consent of your parent or legal guardian before you will be eligible to use the Services.
2. When the contract terms become binding on You
3.1 Privacy of your personal data is very important to us. The Kinephonics Privacy Statement sets out how we collect, disclose, use, share and manage your personal
Data and how you can manage and control the personal data you provide. The terms of the Privacy Statement form part of these Terms and are incorporated into these Terms by this reference.
4. Your obligations
4.1 You can only use the services in accordance with these Terms, as permitted by law and as permitted under the rules, codes of conduct, or guidelines established by Kinephonics and the Organization which operates the group page.
4.2 You can use the ebooks, training materials and other programs on the Organization’s group page in the manner in which they are intended to be used (as described under each item).
4.3 You agree to ensure your user name and password are secure and not to disclose it to any third party or allow any third party to use it to access the Services.
4.4 You agree you will not use the Services to communicate any message or material that is harassing, defames another, is threatening, obscene, indecent, discriminatory, racially offensive or is otherwise unlawful.
4.5 You agree not to upload viruses or malicious code or do anything that could disable or impair the proper working or appearance of the Kinephonics learning platform or the content provided by the Organization.
4.6 You agree not to post or reproduce in any way material that is copyrighted or use trademarks without obtaining prior written consent of the owner of that copyright or trade mark.
4.7 You agree that you will not attempt to disassemble or reverse engineer the Services, or in any way attempt to derive any source code for any part of the Services.
4.8 You agree not to infringe or violate someone else’s rights.
5. Term of Contract
The Contract will continue from the date of acceptance of your application until terminated in accordance with clause 8 (Right to Terminate clause )
6. Responsibility for Content
6.1 You will only have access to the content contained on the designated Organization’s group page and only those items that the Organization has authorized you to access.
6.2 You own the intellectual property rights in the content you create (for example, your videos and speaking data). You are responsible for the content you create using the Services.
6.3 You have control over the recording and sharing and use of your videos and speaking data. When you record data, the data are stored in your activity log, so you can review and use the data.
6.4 You can choose who has access to your content, however, you agree that Kinephonics and the Organization have the right to monitor your posts, videos or speaking data , in accordance with these Terms to ensure you comply with the Terms and any codes of conduct.
6.5 You give Kinephonics a royalty free, worldwide licence to use your activity on the Kinephonics platform for the limited purposes of operating, hosting, storing, reproducing, modifying, promoting and improving the Services.
6.6 Content on the Organization’s group page will be either created by the Organization or sourced by the Organization from a third party under a licence. That content is the sole responsibility of the Organization or third party. Kinephonics is not liable for any loss or damage arising from you accessing or using that content.
6.7 Kinephonics has no obligation to monitor any content uploaded to the Services, but has the right to monitor any content, if it chooses to do so. If we or the Organization becomes aware of a violation of these Terms by you, or in response to takedown requests that we receive, we may remove your data from the Services or suspend your access to the Services. We will generally alert you when we take such action and give you a reasonable opportunity to fix your breach, but if we determine that your actions endanger the operation of the Service or other users, we may suspend your access immediately without notice.
7. Intellectual Property/Copyright
7.1 Using the services does not give you ownership of any intellectual property rights in the Services or any third party content to which you are given access.
7.2 Kinephonics owns the intellectual property rights in the Services and tools associated with the Kinephonics platform and any derivative works.
8. Right to Terminate Contract
8.1 Kinephonics can terminate this contract and deactivate your account :
(a) If you violate any of the terms, rules or legal requirements regarding use of the Kinephonics Services. We can immediately suspend or terminate your rights to use the Services. We will notify you of the suspension and allow you 14 days to provide an explanation or fix the violation, if it can be fixed;
(b) if the Organization notifies Kinephonics that their consent to your membership in their group is withdrawn;
(c) if the Organization under which you are a member ceases their subscription to use the Kinephonics learning platform
(d) at any time, by providing you with 30 days written notice.
8.2 You may terminate this contract and deactivate your account at any time, by giving Kinephonics written notice of your request.
8.3 If you are under the age of 16, your parents or legal guardian may terminate this contract at any time, by giving the Organization written notice of their request. The Organization will then notify Kinephonics of the request.
8.4 Except as required under the law, on cancellation or termination of your account, your data will be retained for a period of 90 days. After this period, the data will be deleted.
8.5 On termination or expiration of this Agreement, all provisions which by their nature should survive termination or expiration shall survive termination or expiration, including provisions concerning ownership, aggregate data use, warranties, disclaimers, indemnity and limitations of liability.
9.1 Whilst we provide our Services using a reasonable level of skill and care, we make no warranties, except those required by statute or law in the country where the user is a resident, which may not be excluded. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement.
9.2 OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, AND OTHER THAN WHAT IS REQUIRED BY STATUTE OR LAW, KINEPHONICS DOES NOT MAKE ANY WARRANTIES ABOUT THE CONTENT OF THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
You agree to indemnify and hold Kinephonics, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Kinephonics by any third party due to or arising out of or in connection with your use of the Services.
11. General Legal Terms
11.1 Severability of Terms: If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
11.2 No right to assign Interest: You agree not to transfer or assign your right to use the Services, without our written consent.
11.3 Waiver: Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce a particular term or any other terms.
11.4 Notices: Unless otherwise specified in these Terms, any notices must be given in writing, either by email or regular post.
11.5 Changes to Terms: Kinephonics may make changes to the Terms from time to time. Kinephonics will notify of these changes either by email, or by posting on its website. You agree that if you continue to use the Services after the changes take effect, your use will be subject to the revised Terms and you will be deemed to have accepted the changes.
11.6 Governing Law: These Terms will be governed by and construed in accordance with the laws of the state of New South Wales, Australia and you agree to submit to the exclusive jurisdiction of the courts located in New South Wales Australia.
11.7 Exclusion of Convention: This contract will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
This Agreement is between the organization identified in the registration application (the Organization) and Kinephonics Trading Pty Limited ABN 52 622 111 951 (Kinephonics). In this Agreement, the terms “you” and “your” refer to the Organization, and “we” and “our” refer to Kinephonics.
1.1 Subject to the terms of this Agreement, Kinephonics grants your Organization
the non-exclusive, non-assignable, non-transferable and limited right to access and use the Kinephonics Language Learning Platform and associated tools (the Services) during the Term only for your educational operations/internal operations.
1.2 Kinephonics will provide the Organization with a service web portal and an administrator account with which the Organization will be able to create and download content on to the group web page, and make the Services available to the Organization and designated End Users.
2. Your rights and obligations
2.1 The Organization may nominate individual end users (End Users) and permit them to use the Services and content on your designated group page.
2.2 The Organization agrees to manage the accounts of the individual End Users, who are nominated or accepted by the Organization to join its group on the Kinephonics learning platform.
2.3 You will provide Kinephonics with a list of designated End Users and notify Kinephonics of any changes, from time to time.
2.4 The Organization will appoint and nominate a master administrator, who will be the primary point of contact with Kinephonics regarding the account and who will manage all aspects of the account, including the accounts of End Users. The Organization may appoint sub-administrators and will notify Kinephonics of their details and keep all details up to date. Only administrators will be permitted to have access to certain personal data of End Users and their activities on the group page.
2.5 You are responsible for your actions and the actions of your nominated individual End Users when utilizing the Kinephonics Services. You agree to :
(a) cross match and verify the identity and personal data, which those End Users have provided in their registration application with Kinephonics ;
(b) confirm to Kinephonics that the End Users are authorized to join your group page activities;
(d) notify Kinephonics in the event that you withdraw permission for a designated End User to continue to be a member of the group;
(e) if a designated End User is under the age of 16, obtain written explicit consent from the End User’s parents or legal guardians for participation in the group on the Kinephonics learning platform, to action any request by a parent or legal guardian to modify the End User’s rights or deactivate the End User’s account, and to store such consents and requests and notify Kinephonics;
2.6 You agree to promptly notify Kinephonics of any breach of security or unauthorized use of the Services.
2.7 You can only use the services in accordance with the terms set out in this Agreement, as permitted by law and as permitted under any rules, codes of conduct, or guidelines established by Kinephonics from time to time.
2.8 You agree to ensure your user names and passwords are secure and not to disclose them to any third party or allow any third party to use them to access the Services.
2.9 You agree you will not use the Services to communicate any message or material that is harassing, defames another, is threatening, obscene, indecent, discriminatory, racially offensive or is otherwise unlawful, nor will you allow End Users to communicate any message or material that is harassing, defames another, is threatening, obscene, indecent, discriminatory, racially offensive or is otherwise unlawful.
2.10 You agree not to upload viruses or malicious code or do anything that could disable or impair the proper working or appearance of the Kinephonics learning platform.
2.11 You agree not to post or reproduce in any way, material that is copyrighted or use trademarks, without obtaining prior written consent of the owner of that copyright or trade mark.
2.12 You agree that you will not attempt to disassemble or reverse engineer the Services, or in any way attempt to derive any source code for any part of the Services.
2.13 You agree that Kinephonics will have the right to audit the data you hold regarding your users or End Users, including the right to review any consents or communications from parents or legal guardians regarding the use by End Users of the Services.
3.1 You agree to comply with the terms of the Kinephonics Privacy Statement, which terms are incorporated into this Agreement by this reference.
3.4 You agree that you are solely liable and responsible for ensuring your compliance with all applicable laws, including privacy and data protection laws, regarding the use or collection of data and information via the Services. You are responsible for all activity related to personal data including monitoring such personal data and activity and preventing and addressing inappropriate data and activity including removal of data and termination of access of any individual in breach. You are responsible for safeguarding and limiting access to the data of End Users by your employees and for the action of your employees who are permitted access to use the services.
4.1 The Services are provided to the Organization on a monthly subscription basis. The fees are set out in the price list on the Kinephonic’s platform and are based upon a specific number of End Users, who are permitted access to the Services.
4.2 If you wish to increase the number of end users who can use the Services, then the Fees will increase in accordance with the schedule of fees for the number of End Users nominated.
4.3 The monthly subscription fee payable includes the good and services tax (GST), value added tax, or any taxes payable in respect of the Services in the jurisdiction where payment is made or received.
4.4 Payment will be made via Paypal. The subscription period commences on acceptance of the payment.
4.5 The Services will renew automatically for additional periods of one month, unless you notify Kinephonics in writing 14 days before the date of renewal that you wish to cancel the account.
4.6 You can elect to have the fees paid on renewal through automatic deduction or similar payment method. If the Organization elects to pay via Paypal, you authorize Kinephonics to charge the account or credit card associated with the Paypal account for the applicable fees on renewal.
4.7 If the payment request for the renewal period is rejected by Paypal, then access to the Services and your Kinephonics account will be suspended until payment is received and processed successfully.
5.1 You are permitted to create and download ebooks, training materials and other programs (the Organization Content) on to the Organization’s group page for use by End Users.
5.2 You warrant that all Organization Content is owned by the Organization, or used pursuant to a valid licence from the third party owner of the Content.
5.3 You are solely responsible for any content you or your End Users create, upload, download, post, share or otherwise make available using the Services.
5.4 You give Kinephonics a royalty free, worldwide licence to use your activity on the Kinephonics platform and the Organization Content for the limited purposes of operating, hosting, storing, reproducing, modifying, promoting and improving the Services.
5.5 Kinephonics has no obligation to monitor any content uploaded to the Services, but has the right to monitor any content, if it chooses to do so. If we become aware of a violation of the terms of this Agreement by you, or in response to takedown requests that we receive, we may remove your data from the Services or suspend your access to the Services. We will generally alert you when we take such action and give you a reasonable opportunity to fix your breach, but if we determine that your actions endanger the operation of the Service or other users, we may suspend your access immediately without notice.
6. Intellectual Property/Copyright
6.1 Using the services does not give you ownership of any intellectual property rights in the Services or any third party content to which you are given access by Kinephonics. Kinephonics owns the intellectual property rights in the Services and tools associated with the Kinephonics platform and any derivative works.
6.2 You own the intellectual property rights in the content you create.
7. Availability of Service
7.1 Kinephonics is not and will not be responsible or liable for any failure in the Services resulting from customer content; failure in any telecommunications, network or other service or equipment out of Kinephonic’s facilities; or any force majeure or other cause beyond the control of Kinephonics.
7.2 The Services may be unavailable from time to time, due to upgrades in the Services or maintenance of the Kinephonics learning platform. Whilst Kinephonics will endeavour to notify you in advance of such downtime by posting notices on the home page, Kinephonics will not be liable for any loss arising out of the unavailability of the Services.
8. Term and Termination
8.1 The Agreement will commence on the date payment is accepted for the first subscription period and will continue until terminated in accordance with this clause.
8.2 The Services will renew automatically for additional ongoing periods of one month, unless you notify Kinephonics in writing 14 days before the date of renewal that you wish to cancel the subscription.
8.3 If you violate any of the terms, rules or legal requirements regarding use of the Kinephonics Services, we can immediately suspend or terminate your rights to use the Services.
8.4 We will notify you of the suspension and allow you to provide an explanation or fix the violation, within 14 days, if it can be fixed.
8.5 If payment for the Services is not received by the due date for renewal, then your access to the Kinephonics services will be suspended. If payment is outstanding for 30 days, then the account will be terminated.
8.6 You may cancel the subscription by providing written notice 14 days prior to date of renewal. The cancellation will take effect on the expiration of the current period, that is, the end of the one month period.
8.7 Except as required under the law, on cancellation or termination of your account, your data and the data of End Users using your group page, will be retained for a period of 90 days. After this period, the data will be deleted.
8.8 On termination or expiration of this Agreement, all provisions which by their nature should survive termination or expiration shall survive termination or expiration, including provisions concerning ownership, aggregate data use, payment ( if payment obligations remain outstanding), warranties, disclaimers, indemnity and limitations of liability.
9.1 Whilst we provide our Services using a reasonable level of skill and care, we make no warranties, except those required by statute or law, which may not be excluded. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement.
9.2 OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, AND OTHER THAN WHAT IS REQUIRED BY STATUTE OR LAW, KINEPHONICS DOES NOT MAKE ANY WARRANTIES ABOUT THE CONTENT OF THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
10. Liability for our Services
Kinephonics’ liability, however caused (including by Kinephonics’ negligence), suffered or incurred by you under this agreement for a breach of an express term of this agreement is limited to the amount paid by the Organization to Kinephonics under this agreement. This does not apply to any liability of Kinephonics for failure to comply with an applicable consumer guarantee under the Australian Consumer Law.
You agree to indemnify and hold Kinephonics, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Kinephonics by any third party due to or arising out of or in connection with your use of the Services or the use of the Services by individual users whom you have designated, or the content you post on the group page while using the Services.
12. General Legal Terms
12.1 Authority to Bind Organization: the signatories confirm that they have authority to bind the Organization to the terms of this Agreement.
12.2 Severability of Terms: If any of the provisions of these terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these terms, so that these terms shall remain in full force and effect.
12.3 No right to assign Interest: You agree not to transfer or assign your right to use the Services, without our written consent.
12.4 Waiver: Our failure to enforce any part of the terms of this Agreement will not constitute a waiver of our right to later enforce a particular term or any other terms.
12.5 Notices:Unless otherwise specified in the terms of this Agreement, any notices must be given in writing, either by email or regular post.
12.6 Changes to Terms: Kinephonics may make changes to the terms of this Agreement from time to time. Kinephonics will notify of these changes either by email, or by posting on its website. You agree that if you continue to use the Services after the changes take effect, your use will be subject to the revised terms and you will be deemed to have accepted the changes.
12.7 Governing Law: This Agreement will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.
12.8 This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
13. Dispute Resolution:
13.1 Any dispute or claim arising out of or in connection with this Agreement or its subject matter, existence, negotiation, interpretation, validity, termination or enforceability (including any non-contractual dispute or claim) (a Dispute) must be referred to arbitration and finally settled under the Australian Centre for International Commercial Arbitration (ACICA)) which rules are deemed to be incorporated by reference in this clause.
13.2 The number of arbitrators will be one. The seat of the arbitration will be Sydney, NSW, Australia. The language of the arbitration will be English.
13.3 The arbitration agreement set out in these clauses 13.1 and 13.2 is governed by the law in force in NSW, Australia.”
“Kinephonics” is a service offered by Kinephonics Trading Pty Limited. Through this privacy statement, Kinephonics wishes to inform you of how your personal data are processed and in what form some of these data are made accessible to other users. All personal data are treated with the utmost care at Kinephonics. All the necessary steps are taken to guarantee the security of these data. This privacy statement supplements the General Terms and Conditions of Business of Kinephonics. Please write to email@example.com if you have any queries relating to this document.
When we use the term “personal data” in this Privacy Statement, that term means any data that relates to an identified or identifiable natural person. Eg. Name, locate data, unique on-line identifiers. For users within Australia, that term is also intended to cover what is defined as personal information in the Australian Privacy Act 1988 (Commonwealth) and Privacy Principles.
If you are located in the EU, United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) related to your Personal Data. Kinephonics will be the controller of your Personal Data processed in connection with the Service.
You are allowed to register as a user because an organization has nominated you or accepted your request to join their designated group on the Kinephonics learning platform. You then gain access to use the Kinephonics information and the information loaded onto that Organization’s separate group page on the Kinephonics platform by the organisation.
1. Which types of personal information are collected and stored and how they are collected and held
1.1. Personal data
When you register with us as a user, we record and save your basic data such as name, email address, date of birth and gender together with other contact information such as user name, password and IP address. We may receive further information from you via the website (e.g. if you fill in your personal profile) or if you communicate with us. If you are under 16, we will also record the details of your parent or legal guardian.
The administrators of the organization that has nominated you or accepted you to join their group on the Kinephonics platform will have access to your first name, surname, gender, age and any other voluntary details that you can save in your profile. They will use this initially to verify your identity and confirm their approval of you participating in the designated group. After that, they will use your personal data to track your use of the group page or if requested by you, assist with your learning.
We may also receive your personal data from the organization which has nominated you to join their group.
Other data provided voluntarily by you may be shared with the administrator or designated user of the organization within which you are a Kinephonics user; however, you can disable such access at https://www.kinephonics.com. Disabling access may mean that you will not be able to use the Services, if that personal data is necessary to enable you to undertake activities on the group page using the Services or enable the organization to undertake its legal obligations. Withdrawal of your consent for the organization to use the personal data may also restrict their ability to allow you to undertake activities on their designated group page within the Services, depending on which data are involved.
1.2. Personal vocabulary
To enable Kinephonics users to conveniently revise their vocabulary, all practiced words and sentences together with all results of exercises are saved in the user’s personal vocabulary. These data can be viewed only by those users, with whom you have chosen to share such information within your designated organization group.
1.3. Face Data
Our Application accesses Face Data and we obtain clear and conspicuous consent from users before any collection or use of their Face Data.
The Face Data is used only in fulfilling a specific service or function for your Application (e.g., a face mesh is used to display an image of the user within the Application). Kinephonics uses Face Data only to the limited extent consented to by the user and only in accordance with the terms clearly set out on this website. Face Data may be used and stored by Kinephonics in a de-identified or anonymous format for the purposes of scientific research.
Face Data will not be shared unless we have obtained clear and conspicuous consent from the user for the transfer.
Image uploads and image scores - Kinephonics users can upload their own images and videos for general use in areas such as the shared .
2. How we utilize cookies and other technology tracking tools and how you can manage those tools
One type of cookie automatically expires after your session has ended. This is called a session cookie. Your user settings, in particular, are saved as session cookies so that Kinephonics can always be used in the form you require. Another permanently stored anonymous cookie contains the version number of your Flash player. When you log in, you also have the option of saving your user name and password locally in encrypted form on your computer. You can save this cookie permanently for automatic log in with the function “Log me in automatically on this computer”. In addition to this, user settings, such as language selection, language recognition settings, user IDs for various applications, are saved in both session cookies and permanent cookies by Kinephonics in order to facilitate the use of Kinephonics.
2.2. Log files
Each time a page is called up, access data are saved in a protocol file, the server log. The data record that is saved contains the following data: your IP address (by means of which your computer can be unambiguously identified); the remote host (name and IP address of the computer requesting the page); the time, the status, the quantity of data transferred and the Internet page from which you accessed the requested page (referrer); The product and version information of the browser used (user agent).
Kinephonics uses a standardized webserver log file format for this purpose. They are anonymized and the original protocols are deleted. Anonymization takes place by removal or truncation of the IP address by allocating a code not assigned to a user. Any allocation to an identified or identifiable person is therefore no longer possible. Kinephonics uses the protocol data (logs) exclusively in an anonymized form for statistical evaluations In this way, Kinephonics determines, for instance, on which days and at which times Kinephonics is particularly popular and what volume of data is generated on the Kinephonics web servers. Also, Kinephonics can detect possible errors through the log files, e.g. faulty links or program errors, and as a result, use the log files for the ongoing development and refinement of Kinephonics. Kinephonics does not link the page requests and usage information to individual persons.
2.3. Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how you use the site. As anonymization is activated for the data we collect, your IP address is truncated by Google within member states of the European Union or in other signatory countries to the Treaty creating the European Economic Area and only then is it transferred to the USA.
Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website in order to compile reports on website activity for the website operator and to provide other services relating to website activity and Internet usage. The IP address transferred by your browser within the scope of Google Analytics will not be combined with other data from Google. You may prevent the saving of cookies by selecting the appropriate settings on your browser; however, please note that if you do this, you may not be able to use the full functionality of this website. In addition, you can prevent the data captured by the cookie and relating to your use of the website (incl. your IP address) from being captured and processed by Google by downloading and installing the browser plugin available at the following link at http://tools.google.com/dlpage/gaoptout?hl=en.
https://support.google.com/ analytics/answer/6004245?hl=en.Kinephonics uses Google Analytics exclusively in connection with the gat._anonymizeIp(); extension so that IP addresses are only recorded in truncated, i.e. anonymized form.
2.4. Social Plugins
In some cases we also use social plugins on our website. This is done using a technology supplied by “ShareIt”. In the process, social plugins are incorporated from Facebook, Twitter and Google+. In the next section we will tell you about the social plugins used here.
Facebook Social Plugin
Social plugins (“plugins”) from the social network facebook.com (“Facebook”) are used on our website. Facebook is run by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304 in USA.
If you call up a page on our website containing such a plugin, your browser will establish a direct connection with Facebook’s servers. The contents of the plugin are transferred by Facebook directly to your browser which incorporates it in the website.
By incorporating the plugin, Facebook receives the information that you have called up the relevant page on our website. If you logged into Facebook, it can match your visit to your Facebook account.
The purpose of capturing data and the quantity of data collected including the way in which they are processed and used by Facebook and your rights in this regard and setting options to protect your privacy can be taken from Facebook’s data protection information at: http://www.facebook.com/policy.php
If you are a member of Facebook and you do not wish Facebook to collect data on you through our website and link them to your membership data stored by Facebook, you must log out of Facebook before visiting our website.
It is also possible to block Facebook social plugins through add-ons for your browser, e.g. through “Facebook Blocker”.
Use of the Twitter widget
We also use so-called “widgets” from Twitter on our websites. When these web pages are called up, a connection is established with Twitter servers. The Twitter servers are in USA.
When a web page is called up containing a Twitter “widget”, Twitter receives information that you have called up the page. The information includes your IP address, the type of browser, the operating system and the address of the website where the Twitter widget is located.
The Twitter widget also installs a cookie in the browser of your terminal. In connection with the cookie, Twitter can theoretically see which other pages you have visited if there are Twitter widgets implemented on these pages too. Twitter itself states that it may also use these data - if you have a Twitter account - to give you better suggestions on suitable users. According to Twitter, it begins to delete the data after a maximum of 10 days. The deletion itself is then to be completed after a further week at the latest. If you have a Twitter account, you may be able to make further settings on the use of your data in your user account settings.
You will find further information in Twitter’s data protection notice which you can call up here: http://twitter.com/privacy
Use of Google “+1 button”
We also use Google’s “+1 button”. When a web page containing a “+1 button” is called up, a connection is established with Google’s servers. Google’s servers are predominantly to be found in USA. When the page is called up, Google receives the information that you have called up the relevant web page. This applies in particular if you happen to be logged into one of Google’s various services at the time when you call up the web pages.
According to Google, the +1 button is not used to record your visits to websites. In particular, Google states that the browser history is not permanently stored. However, they also say that the data regarding your visit are kept for a period of (normally) two weeks.
If you click on the +1 button, according to Google, information on your Google profile, the address of the website on which the +1 button was selected, your IP address and further information are stored by Google. If you withdraw your recommendation by clicking again on the +1 button, these data are deleted again.
We have no influence ourselves over the data which Google collects, processes and uses when you call up a page. Please consult Google’s data protection notice, therefore, which you can call up here: http://www.google.com/intl/de/
As well as our website, we also offer apps for various smartphone operating systems. Here too we collect data on the use of the application by means of software from external suppliers for the purpose of detecting and correcting errors and to improve our applications. However, no data are collected in the process from which any external supplier could directly establish any personal connection. We receive aggregated information on how the apps are used and which features are especially popular, and from this information we can draw conclusions for future improvements in product development. You can prevent this analysis by changing this in “settings” on the mobile device on which the app is installed.
In addition, we will also be informed if apps crash - if you have enabled this through your device settings. These so-called crash reports are provided by external suppliers. However, no data are processed from which any external supplier could derive any personal connection.
3. Purpose of storing the data
The purpose of gathering, saving, processing and using the data is to facilitate your experience using the Kinephonics service, to operate, maintain and develop the “Kinephonics” service provided by Kinephonics,and to ensure security. We analyse some of the data for the purposes of promoting new Kinephonics offerings to you and marketing to new customers (as described above). In particular, part of the ongoing development involves the use of anonymous statistics on the usage of the services. We also use the data to comply with our legal obligations. Movement profiles of individual users on the website are not created.
Newsletter and emails
We send you emails for a variety of reasons. These may include confirmations of an order or of a registration. However, communication may also concern information about our services, provided you have not revoked your consent for such usage, which you can of course do at any time at https://www.kinephonics.com. Any email messages we send are saved by us and any emails that may be regarded as business letters will not be deleted during the statutory retention period. We also record any email addresses to which a message could not be delivered in order to request an updated email address. Also, in the case of our newsletter emails, we record (e.g. by means of a so-called “tracking pixel”) whether an email is opened and which links in the email are clicked on; we do so to optimize our offers and tailor their design to meet your needs. We use these data to enable us to send newsletter contents to match your profile. If you wish to object to this use of your data, you can do so by canceling our newsletters. We also use service providers from USA for sending our emails.
4. How we share data with third parties and with whom
Kinephonics does not forward the personal data of its users to third parties unless the user has given his/her explicit consent or there is a legal requirement to forward the data. Personal details may also be passed on to third parties if this is legally permissible, and it is necessary to pass them on for the fulfillment of our contractual obligations towards our customers and users.
We share personal data with our service providers as detailed above in the section regarding cookies and third party tracking technology tools. We may use other external service providers for the purpose of optimizing our services, hosting the services, or for analyzing our website for errors and in terms of its performance.
We may share or transfer information we collect under this privacy statement in connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. You will be notified by email or a prominent notice on the Services if a transaction takes place, as well as any choices you may have regarding your information.
In the case of payment processing, the data for processing the payment transaction are forwarded to the payment services provider if you do not supply the data directly to them. If you send your payment data directly to the payment services provider, we receive only very limited data. In those cases, we are only informed whether or not the transaction relating to a specific transaction number has actually taken place. In such cases we do not receive your account data.
If any third-party rights have been violated (in particular rights relating to copyright, trademarks, names and symbols) by the user, your user data will not be forwarded to the rights holder (the “claimant”) unless the claimant conclusively proves his/her claims to Kinephonics, and we notify the user prior to disclosure.
5. Data security
Kinephonics employs safety precautions to guarantee that your data are protected against loss, modification or misuse. Kinephonics works with constantly updated firewalls meeting the industry standard as well as other security systems. At the same time, the user should be aware of the fact that one hundred percent protection against attacks cannot be guaranteed because of the continual appearance of new viruses and other means of attacking the protected data systems of Internet services. Kinephonics will instigate civil and criminal proceedings against any attack by hackers.
We will inform the users of any cases in which their data have been compromised in accordance with the material data breach notification requirements under the relevant privacy regulations that apply to the users affected.
6. How you manage your rights to access, correct and delete your personal data
6.1. Right to access information on stored data
Every user has the right to obtain information from Kinephonics on the personal data that has been saved in relation to him/her. The request needs to be sent by email or by letter. In the request for information, the user must additionally provide the following details for identification purposes: user name, first name and surname, email address, postal address and date of birth. The information is sent by post or email to the address provided by the user.
Portability: You have the right to ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another entity where technically feasible.
The user can edit his/her own personal data at any time at https://www.kinephonics.com. If the user alters or corrects the details that he/she has provided and deletes old entries, the data previously entered by the user will be completely deleted automatically. Even though the user can edit data themselves, the user has the right at all times to demand the correction of any inaccurate data concerning him/her stored with Kinephonics. The user can do this by sending a request by email to Kinephonics’ privacy officer. However, the easiest option is for users to correct any such entries themselves.
6.3. Deletion of data
The user has the right to ask us to delete his/her personal data or withdraw their consent to us using the personal data. Should the user want to delete his/her personal data, this request may be undertaken by email or letter. To ensure correct identification of the user, the request must at least contain the following details:
And to ensure that we are dealing with the correct user, we may ask you questions by reply email to verify your identity before deleting your data. Please note that even though the personal data may no longer be present within our systems, due to caching systems, search engines, the interposition of proxy servers and the like, deleted data may continue to exist elsewhere where it is beyond our control. For example, you may need to clear the cache on your individual computer or clear your browser history on your computer to remove those details from your internet service.
Deletion of your personal data may mean that you will not be able to use the Services, if that personal data is necessary to enable you to use the Services or enable us to undertake our legal obligations. Withdrawal of your consent for us to use the personal data may also restrict our ability to provide you with the Services, depending on which data are involved.
7. Data Retention
We retain your personal data for as long as you maintain a user account with Kinephonics. Retention of personal data will also depend upon the type of data and any legal requirements to retain the data for a specific period of time 90 days. In some cases we retain your personal data, if doing so is necessary to comply with our legal obligations, to resolve disputes or collect fees owed, or is otherwise permitted or required by the law or regulation that applies in the specific case. On disposal, we will destroy or render unreadable any personal data. After that, we may retain some information in a de-personalised (that is, anonymous) form or aggregated form, which doesn’t identify you.
8. How and where we transfer personal data internationally
We collect information globally from our users and primarily store that information in Australia and the US. We transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you the Services. Whenever we transfer your information, we take steps to protect it. Some of the countries where the information is stored are Australia and the US.
Some of the third parties which provide services to us under contract, are based in other countries that may not have equivalent privacy and data protection laws to the country in which you reside. When we share information of customers in the European Economic Area or Switzerland, we use European Commission-approved standard contractual data protection clauses, binding corporate rules for transfers to data processors, or other appropriate legal mechanisms to safeguard the transfer.
9. What our policy is regarding the use of the services by Minors
We recognize that organizations using the Kinephonics service may wish to offer certain language learning functions to minors. The term “minors” means persons under the age of 16, for the purposes of this Privacy Statement. Any registration and use by a minor requires the clear and explicit consent of their parent or guardian. Without the consent of their parent or legal guardians, use by a minor is prohibited.
11. Links to Third Party Sites
12. Complaints Process
If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it. We will treat your complaint confidentially, investigate your complaint and aim to ensure that we contact you and that your complaint is resolved within a reasonable time (and in any event within the time required by the relevant Act or regulation, if applicable).
13.How to Contact Us with Privacy questions or complaints
The trust of our users is important to us. Kinephonics therefore wishes to provide its users with full information on the processing of their personal data at all times. If you still have any questions about this privacy statement or if more detailed information is required on any point, please contact the following address at any time:
Kinephonics Trading Pty Limited