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Confidentiality Policy

    1. INTRODUCTION

      1. As part of being an Employee, Volunteer or Stakeholder of Eskay Kids (Eskay Kids) it is essential that you understand the legal requirements in respect of privacy and confidentiality which apply to you and how these can arise in the context of the Services performed by Eskay Kids and any Information received by Eskay Kids in providing the Services.
      2. This policy is to provide information and guidance to all Employees, Volunteers and Stakeholders of Eskay Kids.

    2. DEFINITIONS & INTERPRETATION

      1. DefinitionsIn this policy, the following words have the following defined meanings:
        • APPs mean the Australian Privacy Principles under the Privacy Act 1988 (Cth).
        • Authorised Persons means Scott and Sharon Kneen or another person appointed in writing by Scott or Sharon Kneen or the nominated supervisors appointed by the Authorised Persons.
        • Business means Eskay Kids.
        • Client Information means all information relating to any person who engages Eskay Kids to provide Services for them and extends to their children (whether natural, adopted, fostered, or step-children) and their families and extends to the information of any person on whose behalf the Services are engaged.
        • Confidential Information means all information acquired, developed, created or provided to the Employee, Volunteer and/or Stakeholder during the course of their employment, investment or Volunteering with Eskay Kids, including information about Eskay Kids’s products, policies, systems, training processes, equipment, financial plans (which are not available to the general public), Client Information, Employee Information, Intellectual Property, any future training processes under development and any in progress or future planned Intellectual Property or plans for the Business unless such information is available to the public.
        • Copyright Material means any work or other subject-matter in which copyright subsists or is capable of subsisting under the Copyright Act 1968 (Cth) or equivalent legislation.
        • Employee means any employee of Eskay Kids.
        • Employee Information means the name, contact information, health information, employment records (including details of any workplace relations disputes, claims or mediations, whether current, pending or threatened) relating to any employee of the Business whether current or past.
        • Grievance Policy Procedures means any complaint handling policy of Eskay Kids.
        • Information means Confidential Information, Employee Information, Client Information and any information relating to the Intellectual Property of, or Service provided by, the Business.
        • Intellectual Property means all rights subsisting (or capable of subsisting or being obtained) under general common law or any intellectual property legislation, including legislation dealing with copyright, circuit layouts, designs, patents, plant varieties, or trade marks, and whether in Australia or overseas.
        • Intellectual Property Rights means any subsisting or capable of subsisting or being obtained under intellectual property legislation, including legislation dealing with copyright, circuit layouts, designs, patents, plant varieties, or trade marks, and whether in Australia or overseas.
        • Licensee’s means any current or future licensee’s of the Business pursuant to any future licence agreement.
        • Policy means this policy and any variations as issued in writing by an Authorised Person noting that verbal amendments are not permitted.
        • Social Media means any websites or other online and mobile means of communication that are used by large groups of people to share information (including photographic materials) and to develop social and professional contacts.
        • Stakeholder means any individuals holding a supervision or managerial position (including a “Director” within Eskay Kids) whether such position is held on, before or after the Policy Date.
        • Volunteer means any person who is attending the Business for the purpose of providing Services on a voluntary basis or as part of any educational program or to obtain experience and/or witness the Services provided by Eskay Kids to Clients.
      2. Interpretation
        1. The singular includes the plural and vice versa and any gender includes the other gender.
        2. Headings (including any in brackets) are for convenience only and do not affect the interpretation of this Policy.
        3. The words “includes” and “including” or words of a similar effect are not words of limitation.
        4. Any reference in this Policy to a statutory provision shall be interpreted to mean references to those provisions amended or re-enacted prior to but not after the date of this Policy.

    3. OPERATION & PURPOSE OF POLICY

      1. This Policy operates to:
        1. advise all Employees, Stakeholders and Volunteers of their obligations when receiving or dealing with any Confidential Information or Intellectual Property of the Business.
        2. outline the obligations of Employees, Stakeholders and Volunteers when using Social Media while engaged with Eskay Kids and post engagement with Eskay Kids.
        3. overview the legislative requirements relating to privacy in Australia and dealing with personal and/or sensitive information of individuals.
      2. By continuing with your position of Employee, Stakeholder or Volunteer once this Policy has been brought to your attention, you agree to comply with the obligations imposed on you herein on and from the Policy Date.
      3. An additional purpose of this Policy is to reassure Clients of the Business that we understand the delicate nature of upholding principles of privacy and confidentiality at all times in regard to any Information we gain access to relating any business matters of Eskay Kids, the children and their families and any Employees/Volunteers/Stakeholders or the Business generally.

    4. CONFIDENTIALITY & PRIVACY POLICY

      1. Strategies, Practices and Procedures for dealing with Information: Eskay Kids protects the privacy and confidentiality of Employees, Volunteers, Clients and Stakeholders by ensuring that all Information about such individuals and their children, families are kept in a secure place and are only accessed by, or disclosed to, those people who need the information to fulfil their responsibilities at Eskay Kids or have a right, at law, to know. This has been implemented via the following practices and procedures at Eskay Kids:
        1. Information will only be collected insofar as it relates to the Services and in line with any relevant applying legislation.
        2. Collection of Information will be lawful, fair, reasonable and unobtrusive.
        3. The use or disclosure of Information will only be for its original collected purpose, unless the individual consents or unless it is needed to prevent a heath threat, or is required or authorised under law.
        4. Eskay Kids will take steps to ensure the Information collected, used or disclosed, is accurate, complete and up to date. Clients and Employees will be required to amend any Client Information/Employee Information annually or whenever they experience a change in circumstances.
        5. Computer records of Eskay Kids will be updated as new Information is provided.
        6. Information will be kept in a secure way and will be destroyed by shredding or incineration.
        7. Clients, Employees or Volunteers wishing to access their Information (applicant) must make written application to the Stakeholder or Authorised Person who will arrange an appropriate time for this to occur. The Stakeholder or Authorised Person will protect the security of the Information by:
          1. checking the identity of the applicant by way of a current form of photo identification;
          2. ensuring that someone is with the applicant while they access the information to ensure the Information is not changed or removed without the Stakeholder or Authorised Person’s knowledge.
        8. In handling any privacy complaints the Stakeholder or Authorised Person will deal with complaints in a consistent and prompt manner and following Eskay Kids’s Grievance Procedures.
        9. Each Employee, Stakeholder and Volunteer is provided with a copy of this Policy or may have access to this Policy in the centre Policy Folder.
        10. Any new Employees, Stakeholders and Volunteers (and where available, any existing Employees, Stakeholders and/or Volunteers) will sign a copy of this Policy and provide it to the Authorised Person.
        11. Each Client may access a copy of this Policy in the centre Policy Folder
        12. Conversations where Confidential Information is discussed will be conducted in a quiet area away from other children, Employees, Stakeholders or Volunteers. Such conversations will be documented by file notes and will be filed in folder and stored in accordance with this Policy.
        13. All Employee Information will be stored securely.
        14. Any information about Volunteers will be kept secure and in accordance with this Policy.
        15. Any prospective Employees information will be treated as if it is Employee Information with consent obtained prior to any reference checks taking place. Any unsuccessful prospective Employees information will be destroyed in accordance with a procedure to be advised to them in writing at the relevant time by Eskay Kids.
        16. Employee Information is only accessible by the Stakeholder, Authorised Person, or the relevant Employee.
        17. Volunteers may not use any Client Information in any assessment, tutorials, case studies or information being presented to third parties.
        18. Any information about Clients or their children must be detailed in a factual manner without the presence of any opinion or labelling of behaviour.
        19. Employee Information will not be discussed internally or externally except as it directly relates to the performance.
        20. Client Information may not be discussed internally or externally except as it relates to the performance of the Services or unless required by law.
      2. Obligation of Confidence:
        1. The Stakeholder, Employee and Volunteer must, both during and after their position with the Business:
          1. take all steps necessary to safeguard the confidentiality of all Confidential Information; and
          2. refrain from using, disclosing, copying or removing any Confidential Information without the consent of the Business.
        2. On demand by the Business (or at the end of their position with the Business), all Stakeholders, Volunteers and Employees agree that they must:
          1. deliver to the Business any and all Confidential Information in their possession or control (whether hard copy or soft copy); and
          2. delete all Confidential Information held electronically in any medium in their possession or control.
      3. Privacy:
        1. Personal information means information or an opinion (including information or an opinion forming part of a database) whether true or not and whether recorded in material form or not (including health information about an individual whose identity is apparent, or can be reasonably ascertained from the information or opinion.
        2. Purpose: the purpose for which we collect personal information is to provide Clients with the best Services and Employees, Volunteers and Stakeholders with the best working environment in which to provide the Services.
        3. Maintaining Privacy: we manage our obligations of privacy as follows:
          1. collecting only the personal information that we require and providing a copy of this policy to Clients prior to collecting such personal information;
          2. keeping personal information that we need and destroying any other personal information;
          3. ensuring that personal information is accurate and updated regularly to ensure that it is complete and up-to-date;
          4. personal information is kept in a secure place, accessible by the Authorised Person, Licensee and the Stakeholders;
          5. ensuring access to personal information is secured by way of checking identification prior to disclosure and only disclosing personal information internally insofar as it is required to provide the Services and externally in accordance with the APPs;
          6. reviewing personal information on record and seeking to update such personal information if considered outdated;
          7. audit and review the collection, use and security of the personal information;
          8. train any new staff on the requirements for dealing with personal information under the APPs;
          9. ensure that any personal information is kept to be on a factual basis and free from any bias or opinion based comments; and
          10. obtain consent to the use of any personal information for direct marketing purposes.

    5. INTELLECTUAL PROPERTY RIGHTS

      1. All Stakeholders, Volunteers and Employees acknowledges that the Business is entitled to any Intellectual Property that may arise or be capable of being claimed as a result of anything done by them (individually or collectively) in the course of or in connection with being an Employee, Volunteer or Stakeholder of the Business.
      2. All Stakeholders, Volunteers and Employees must, both during and after their position with the Business comply with any request the Business may make in order to protect or secure ownership of any Intellectual Property.
      3. Each Employee, Stakeholder or Volunteer is under an obligation to disclose to the Business all valuable inventions, discoveries, improvements, designs, trade marks, work or other subject-matter created in the course or in connection with their position of Employment, Stakeholder or Volunteer or providing the Services, whether capable of attracting Intellectual Property Rights or not.
      4. Each Employee, Stakeholder or Volunteer consents to any acts or omissions by the Business, whether during their position or after such position ends, that might otherwise infringe any moral rights that the Employee, Stakeholder or Volunteer may have in relation to the attribution or integrity of authorship of Copyright Material created by the Employee, Stakeholder or Volunteer in the course of or in connection of their position with the Business.

    6. SOCIAL MEDIA POLICY

      1. Eskay Kids recognises that as part of modern life Social Media forms a large part of modern communications. This part of the Policy sets out Eskay Kids’s expectations for, and the obligations on, Employees, Volunteers and Stakeholders when utilising Social Media.
      2. This Policy applies throughout your position of Employee, Stakeholder or Volunteer and does not expire on the termination of your position of Employee, Stakeholder or Volunteer with Eskay Kids.
      3. Whether or not you are able to be identified (or capable of identification), you must:
        1. act with integrity;
        2. never reveal any Confidential Information;
        3. as an Employee, Stakeholder or Volunteer, never hold yourself out as being representative of the views or overall position of Eskay Kids in respect of any matter;
        4. ensure that your comments never compromise your ability to fulfil your position as Employee, Stakeholder or Volunteer with Eskay Kids.
        5. never make any comments which are fraudulent, harassing, threatening, bullying, embarrassing, sexually explicit, profane, obscene, defamatory, disparaging, discriminatory or opinion based about any Clients, Employees, Volunteers, Stakeholders (whether past, present or prospective) or the Business generally.
      4. You must not unreasonably use Social Media. Examples of “unreasonable use” include:
        1. using Social Media during the time of day when Services are being provided to Clients with such Services being affected as a result of your usage.
        2. accessing, sharing or posting information which is fraudulent, harassing, threatening, bullying, embarrassing, sexually explicit, profane, obscene, defamatory, disparaging or discriminatory which may bring the Business or another Employee, Stakeholder or Volunteer into disrepute.
        3. sharing any Confidential Information, Employee Information or Information.
        4. making available on Social Media photographs of Clients, Employees, Volunteers (or their families or children) without the express written consent of Eskay Kids (which may be withheld in its absolute discretion).
        5. making any comments about your work or your work day or the Services you provide whether as Stakeholder, Volunteer or Employee.
      5. You must, within twenty four (24) hours of a written request from Eskay Kids remove any items that Eskay Kids considers constitute “unreasonable use” from any Social Media.

    7. ACKNOWLEDGEMENT

      1. I have read and understood this Policy and have had the opportunity to seek clarification of all aspects of this Policy. In particular, by signing this Policy I agree:
        1. I agree to respect the rights to privacy of any Clients and enrolled children and their families, Stakeholders and their children and families; Employees and their children and families and any Volunteers, the Authorised Person and any Licensee any their families and agree to comply with all obligations under the Australia Privacy Principles, accessible here: http://www.oaic.gov.au/agenciesand-organisations/guides/app-quick-reference-tool
        2. That any Client Information, Employee Information or Information is not discussed with, or made available to any person external to the Business unless required by law or on the express authority of the Client, Employee or the Business (as applicable).
        3. Client Information will only be discussed internally.
        4. Confidential Information will not be discussed externally and will be discussed internally on a limited basis.
      2. I understand that if I breach this Policy, Eskay Kids may have legal rights against me including (but not limited to) as a result of the non-compliance with this Policy:
        1. damages for any loss suffered;
        2. an account of profit;
        3. damages for future economic loss;
        4. an injunction to prevent further breach of this Policy;
        5. or any combination thereof or any other remedy that an applicable court deems reasonable.

ESKAY KIDS

Childhood is such a short, magical time, and in a fleeting moment, they will be grown up. You will spend an eternity knowing your child as adult, but for these few precious years, you have the privilege of knowing them as a child. For a brief moment in their journey of life, you get to watch them laugh, learn, grow, and experience the awe and wonder that childhood offers.

Children only get one childhood …. Don’t ever wish that magical time away…
Childhood Memories ought to be the most precious memories in any one’s life.

What vision of childhood do you have in your heart for your child…..
We welcome you to join us on a wonder-filled journey through early childhood.

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