Terms of Service

These Terms of Service (“Terms”) and “Privacy Policy” are applicable between “Topforge” and the “Client”. The use of Service is conditioned on the acceptance of and compliance with these Terms and Privacy Policy. By using the Service you agree to be bound by these Terms and Privacy Policy.

“Kidous” is a product of TopForge Ltd, a Finland based company.

Topforge is committed to respecting your privacy and to comply with General Data Protection Regulation (GDPR).

Clients Rights

Clients of Kidous websites, products and services have the following rights regarding their personal information:

1. To know what personal data we hold about you

2. Rectify incomplete, incorrect, unnecessary or outdated personal data

3. Remove all personal data from our products and services

4. Restrict or object processing of personal data

5. Get notified about changes or erasure of personal data

Users may exercise their rights by contacting us or by managing their account through available profile management tools on our products and services.

Client (Data controller) Responsibilities

The Client will use Kidous to collect data of children to document the kids learning and create personal development plans.

The Client is as the handler and controller of the data, solely responsible for collecting signed informed consent forms from data subjects in regard to collecting, processing, and distributing child specific information such as text, pictures, videos and audio recordings.

The Client shall include appropriate data protection policies and implement appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance to the (GDPR) regulation. The client is liable for the legality of the processing of personal data.

The Client is responsible for determining the appropriate use to be made of Kidous and establishing the limitations of the Kidous in its operation.

The Client agrees not to modify, amend, disassemble, decompile, reverse engineer or create derivative works of Kidous.

Clients are able to take specific images, videos and audio through the Kidous App and provide access to third parties (parents) to these images, videos and content by providing token-based URL or by email. The Client is responsible for ensuring that utilizing these media and sharing these media contents are done according to the signed consent forms.

The Client is responsible on informing data subjects (parents) on:

• The right to receive information on the collection and processing of personal data
  • If there are significant changes on the collection and processing of personal data, notify customer
• Data subjects have a right to know, what information has been collected from them
• Data subjects have right to correct erroneous data
• Data subjects have right to delete their data
  • If there aren’t any laws prohibiting the removal
• Data subjects have right to restrict the processing of their data
• If data is deleted or rectified, inform data subject
• Data subjects have right to get their data with them
• Data subjects have right object the processing of their data
• There can not be any automated decisions made
• Data subjects have right to lodge a complaint, right to judicial remedy against a controller or processor and right to compensation and liability

TopForge (Data processor) Responsibilities

To the extent the Client's material contain any personal data, Kidous (or its subcontractors) processes such data on behalf and for the benefit of the Client while the Client remains the data controller for such personal data.

Topforge ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

Topforge reports all security breaches that affect personal data to the Client within 72 hours after detection. Authorities will be contacted in critical breaches.

Data protection is implemented to Kidous system by design and by default. Kidous keeps logs of events concerning personal data.

Topforge shall not access personal data within Kidous except when solving technical issues, or with Clients’ permission. To be able to provide the best possible solutions for clients Topforge needs to analyze the overall system performance. For this Topforge will only access the necessary information that is required for each solution improvement, hereby restricting access to privacy related data as much as possible.

Topforge shall not transfer data to third parties.

TopForge Rights

TopForge reserves the right to cancel the client’s access to Kidous if it is found that the user is not accessing it, or if it being used in any manner not authorized by TopForge.

Kidous shall at all times remain the property of TopForge and the Client shall have no right, title or interest therein, except as otherwise stated.

The Client shall keep confidential and protect from unauthorized disclosure by its employees, agents or customers the contents of Kidous.

TopForge acknowledges the sensitive nature of information stored in the Kidous by the Client, and agrees that such information shall be kept strict confidential.

TopForge may use subcontractors for providing Kidous as a service to the Client. TopForge will require GDPR compliance from all parties.

TopForge will not be liable for any failure or delay in performance due in whole or in part to any cause beyond the control of TopForge. In no event will TopForge be liable for any direct, indirect, special or consequential damages including damages arising from the Client’s lost profits arising out of the products or services provided herein.

Any dispute arising between the parties in connection with the terms, conditions, interpretation, execution or in-execution of this contract shall be subject to the exclusive jurisdiction of the courts of Helsinki (Finland).

TopForge and the Client are each responsible for the data security of its own relevant systems and networks. Neither TopForge or the Client is responsible for the data security or interference (and possible damage) of the general communication networks or any interference beyond its control.

Both TopForge and the Client will undertake the necessary measures to prevent data security breaches.