Close
Blue documents pattern vectorBlue documents pattern vector

Terms of Use

Last updated: 27 June 2023

IMPORTANT: By accessing or otherwise using the Service (as defined below), you agree to be bound by this Agreement and agree to access or otherwise use the Service in accordance with this Agreement. If you do not accept and agree to be legally bound by and comply with this Agreement, you are not permitted to access or otherwise use the Service.

In order to keep pace with changes in our service, we review our Terms of Use from time to time to make sure they’re up to date. This document contains our most recent update. We encourage you to read them carefully.

Storypark Limited, a company incorporated in New Zealand (“Storypark”) is the owner, operator and licensor of the Application and Website as defined below. Your rights to use the Application and Website are set out in this Agreement.

The Service enables a Child’s Authorised Viewers and Early Childhood Providers to upload, record, share and celebrate a Child’s learning through various media, such as images, videos and written stories. The Service also provides analysis and planning tools and facilitates communication between those interested in a Child’s early childhood learning.

1. Definitions

In these Terms of Use, the following terms have the following meanings:

“Account” means (depending on the context) either a Centre Account (facilitating the access to one or more Child Profiles and Educator Portfolios) or an account controlled by a Primary Account Holder pertaining to one or more Children.

“Agreement” means these Terms of Use, our Privacy Policy, and any other customer terms agreed in writing by Storypark and you that incorporate (by reference) these Terms of Use, which together form the agreement between Storypark and you for your use of the Application, Website and Service.

“Application” means the early childhood e-portfolio service and, as applicable, any CCMS Service, provided by Storypark, including that available on and through the Website, and unless the context requires otherwise includes all such applications which we provide in association with these Terms of Use (including, without limitation the family version of our device application).

“Authorised Viewer” means a person who is authorised by a Primary Account Holder to view and/or access a Child Profile, being typically but not exclusively limited to that Child’s parents/guardians and family members, specialists, and the Child’s Early Childhood Providers.

“CCMS Service” means any childcare application and management service offered by Storypark to you.

“Centre” means an organisation or enterprise providing early childhood education and/or childcare and/or services for children.

“Centre Account” means an account that a Centre has with Storypark, enabling it to use the Service.

“Child” means a child whose Child Profile exists within the Application and “Children” has a corresponding meaning.

“Child Content” means Content about, depicting or pertaining to a particular Child.

“Child Profile” means the profile page(s) appearing on the Application pertaining to a given Child and any other Content pertaining to that Child that is accessible via the profile page, including stories, notes, plans and routines.

“Content” means any content or materials including (but not limited to) still or moving images, videos, sound recordings or other audiovisual materials, artistic works, written works, Centre administration data and Personal Data posted to the Service by a User.

“Early Childhood Provider” means, as the context dictates:

  1. a Centre who has registered to use the Application;
  2. an individual authorised by a Centre to use the Application, typically being a childcare
  3. provider/educator/administrator of a Centre; or
  4. another professional care provider such as a nanny, au pair or babysitter who has registered to use the Application.

“Educator Portfolio” means a personal portfolio of an educator at a Centre, being created by or for that educator for and in connection with their use of the Service.

“Fees” means any applicable fees that may be payable by the User as detailed at https://www.storypark.com/pricing.

“Intellectual Property Rights” means any intellectual property rights in existence now or coming into existence in the future anywhere in the world and includes (but is not limited to) rights in respect of copyright, trade marks (whether registered or unregistered), inventions, patents, designs (whether registered or unregistered), confidential information and know how.

“Personal Data” means any information relating to an identified or identifiable individual. This includes names, physical addresses, email address, IP addresses, behavioural data, location data, financial information and much more.

“Primary Account Holder” means a Child’s parent or guardian or a person expressly authorised by the Child’s parent or guardian to administer and control a Child Profile.

“Privacy Policy” means the privacy policy of Storypark as updated from time to time and posted on the Website.

“Service” means the Application and the Website, collectively and separately and where the context permits includes any related services.

“User” or “you” means the person or organisation who uses the Application and/or the Website, whether as the holder of an Account or otherwise.

“Website” means the website at www.storypark.com, including parts or features of that website that can be used or accessed without requiring registration or logging into the Application.

2. Acceptance of Agreement

By using the Application or Website you are deemed to have accepted the Agreement, which shall form a binding agreement between you (as a User of the Website or Application) and Storypark. Your registration, and your use of the Application or Website, is subject to this Agreement.

3. Privacy Policy

You should ensure that you read our Privacy Policy.

We will process all Personal Data supplied to us in connection via the Service according to our Privacy Policy.

Section 27 of this Agreement explains your obligations where you provide us with the Personal Data of another individual. Accordingly, you must comply with your obligations in Section 27 . In particular, we draw your attention to the terms and conditions in Part B (section 15) of the Privacy Policy, which sets out your obligations in respect of the processing of Personal Data of other persons (including Children) provided by you to Storypark.

4. Licence

Once you have accepted this Agreement, Storypark grants you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Service for the period of, and strictly in accordance with, this Agreement. Where you use the Service as a Centre, you agree that your licence to use the Service is subject to your payment of the applicable Fees.

5. Changes

You accept that the Service may evolve and change over time and that some parts of the Service are dependent on the provision of software or services by third parties. Storypark reserves the right at any time to modify, adapt, suspend or discontinue, whether temporarily or permanently, the Service (or any part of it) or otherwise replace the Service (or any part of it) with a similar service, with or without notice to you. To the extent permissible at law, Storypark will not be liable to you or to any third party for any replacement, modification, adaptation, suspension or discontinuance of the Service (or any part of it).

6. Disruption of Service

Storypark will take reasonable steps to ensure that the Service functions as intended. However, you acknowledge that your access to the Service may be disrupted as a result of a malfunction, updating, maintenance or repair of the Service, by the actions of a third party licensor or service provider, or for any other reason within or outside our control.

To the fullest extent permissible at law, Storypark shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Service or for any errors or defects in the Service arising from software or services provided by third party licensors or service providers. Storypark will use reasonable endeavours to address (during normal business hours) technical issues that arise in relation to the Service.

To the fullest extent permissible at law, you agree that use of the Service is at your own risk and that Storypark does not warrant that the Service will meet your specific requirements, or that use of the Service will be uninterrupted, timely, secure, or error-free.

7. Conditions of use

In using the Service in any capacity you must:

  1. ensure that any information you provide in connection with your registration and general use of the Service is and will remain true, accurate and current, and that you will promptly notify Storypark of any change in such information;
  2. not create or maintain a Child Profile or otherwise provide us with Personal Data regarding a Child without the permission of the corresponding Primary Account Holder;
  3. not permit a person who is not an Authorised Viewer to access the corresponding Child Profile, or otherwise provide such a person with Personal Data pertaining to a Child; 
  4. only use the Service, and any Child Content, for Centre management and administration, educational or developmental purposes associated with the respective Child and not for any other purpose including any other commercial purpose;
  5. not post, republish, reproduce or communicate Content including Child Content or information about any Child appearing on the Service or Application, on or through any other platform, forum or medium (including without limitation social media platform, such as Facebook) unless you do so with the consent of the originator of that material and the copyright owner and/or their respective Primary Account Holder who has obtained such consent;
  6. not use the Service or any Content (including any Child Content) obtained from use of the Service for any illegal, immoral, indecent or inappropriate purpose;
  7. not post any Content or other information or material that is illegal, defamatory, abusive, demeaning, harmful, obscene, hurtful, offensive, objectionable or racist;
  8. not post or upload any Content or other information or material that contains any viruses, infringes any third party’s rights of privacy or Intellectual Property Rights;
  9. not attempt to gain access to any Content accessible through the Service pertaining to a Child for which you do not have permission from the corresponding Primary Account Holder;
  10. keep your Account details and password strictly confidential and not share your Service password with any other person;
  11. not do any act or omission to undermine the security or integrity of Storypark’s or any third party’s systems or networks; and
  12. agree that the Service is intended for the direct use and benefit of the registered users, and you shall not, without the express written consent of Storypark, allow, enable, or authorise any third party to use, access, or integrate with the Service through their own application, platform, or service. Any attempt to engage in such third-party use without proper authorisation shall be considered a material breach of these Terms of Use.
  13. ensure that any person who uses the Service on your behalf (including any employee or contractor of yours) or for whom you are responsible complies with this Agreement generally and the matters referred to in (1) to (12) above specifically.

You agree and acknowledge that (in addition to each person who has posted the Content in question or otherwise engaged in the acts or omissions), each Primary Account Holder will also be deemed primarily responsible for and liable for any Content that is posted that may contravene clause 7 and any other acts or omissions that occurs in connection with the corresponding Account and Child Profiles and each User releases Storypark from any liability associated therewith.

Further, each Centre or Early Childhood Provider will be responsible for and liable for the acts and omissions of its personnel in the event that any of their respective personnel post any Content in contravention of clause 7 or otherwise act in violation of this Agreement, and each User releases Storypark from any liability associated therewith.

Storypark reserves the right to remove from any Account, Child Profile or Educator Portfolio or any Content which it deems to be unsuitable or in violation of this Agreement, at any time without notice, and without liability.

8. Eligibility & Age Limit

The Service is only open to Centres located in Canada. 

Users must have reached the legal age of majority in the jurisdiction in which they reside and must have the capacity to form binding contracts. In cases where a minor uses and ‘Child Mode’ available through the Service, such use must be supervised, and the user must have authorisation to access the Service from their parent or legal guardian. If you have authorised your minor Child to use the Service, you agree to this Agreement on their and your behalf, and you are responsible for their online conduct, and the consequences of any misuse.

9. Security

Storypark will take reasonable steps to ensure the security of the Service. Please see our Privacy Policy for more information about how we treat Personal Data.

You shall be liable for all action taken by any person that has obtained access to your Account (whether they have authorised such access or otherwise) and agree to notify Storypark immediately of any unauthorised use of your Account or other breach of privacy or security. We are not responsible for your failure to do so. 

10. Fees

You agree to pay any fees associated with your use of the Application, which include Fees charged in respect of Centre Accounts and any additional goods or services that are made available by Storypark to Users (for example the provision of photo books). The applicable fees are stated when you register, and may vary based on user class. Fees must be paid in the currency of the country where the Centre to which your Account relates is domiciled (i.e. Canadian dollars).

If you are carrying out a free trial of the Application (as offered on the Website), the free trial will begin on the day that your Account is opened and it will end 30 days later. You may cancel your Account within those 30 days by following the prompts within the Service.

You agree to pay all Fees using the payment methods described on the Website or as otherwise agreed between you and Storypark. We reserve the right to change the payment methods we are able to accept at any time. If you fail to pay the agreed Fee by the due date, Storypark may suspend or cancel your Account. Fees are non-refundable and may be subject to change by notice to you. Storypark will not be held liable for changing or refusing to refund the Fees.

11. Particular rights and obligations of a Primary Account Holder

In addition to the other rights and obligations applying to Users set out in this Agreement, the Primary Account Holder:

  1. has the right to control their corresponding Child Profile (including all Child Content thereon) and its management except as otherwise stated in this Agreement, including the ability to add new Content relating to their Child and to permit, approve or disapprove and disallow others to become Authorised Viewers;
  2. can agree to delegate the above roles to, or agree to share these roles with an Early Childhood Provider for the Child by sending an invitation to, or accepting an invitation from an Early Childhood Provider to do so. In that case the Primary Account Holder agrees that the Child’s Early Childhood Provider has the authority to decide who has access to the Child Profile, as well as adding, editing and removing Content relating to the Child in that profile. If the Primary Account Holder does not wish to allow the Early Childhood Provider to have those rights, then they should either not invite them, or if the Early Childhood Provider has provisionally created a Child Profile for that Child, you should ask them to remove your Child from the Service (and as an Early Child Provider, you must act on such requests promptly if you do not, you understand and agree we may do so ourselves).
  3. agrees and acknowledges that where they grant an Early Childhood Provider/ Centre rights to access a Child Profile, various members of that organisation’s educational staff may be able to access, view and edit that Child Profile and access may not be limited to any particular person within that organisation.
  4. If as the Primary Account Holder you believe or suspect someone is accessing or managing your Child’s Content without your consent, you should immediately contact Storypark. If you have previously granted someone access to your Child’s Content and you wish to revoke that access, you can remove their ability to access your Child’s Content at any time by following the prompts within the Service.

12. Rights and obligations of an Early Childhood Provider

In addition to the other rights and obligations applying to Users set out in this Agreement, without limiting the other rights and obligations applying to Users set out above, Early Childhood Providers:

  1. are responsible for and liable in respect of obtaining consent from the actual or proposed Primary Account Holder for each Child in respect of whom you provide such Early Childhood Provider services before creating a Child Profile for that Child or uploading that Child’s Content to the Service. If a Primary Account Holder provides their consent they are granting you (as the Early Childhood Provider) the right to add to or remove Content from their Child’s Child Profile (including any Child Content). Such Early Childhood Providers will be entitled to access that Child Profile and Child Content for as long as the Primary Account Holder permits;
  2. must also ensure that any Content they upload to a Child Profile does not contain information, images or videos of any identifiable child other than the Child in respect of whom they have obtained such parental consent, unless they have consent of that other child’s parent or legal guardian on behalf of that other child;
  3. must comply with this Agreement, including without limitation, the Conditions of Use contained in clause 7, including, without limitation in respect of Educator Portfolios;
  4. must promptly remove from any Child Profile any Content relating to a Child if asked to do so by the relevant Primary Account Holder and/or parent or legal guardian of that Child;
  5. In using the Service must comply with any cybersafety, privacy, and/or code of ethics or similar policies required by Storypark (unless inconsistent with these Terms of Use or the law);
  6. agree and acknowledge that a Primary Account Holder may remove their ability to access or manage their Child’s Content and Child Profile at any time; and
  7. agree and acknowledge that where a Centre establishes or maintains a Centre Account, Educator Portfolios (in whole or part) and associated content pertaining to that Centre Account may be made available or accessible (by Storypark) to the Centre who established or maintains that Account.

Further, educators at Early Childhood Provider centres are entitled to retain copies of parts of Child Content for the purposes of documenting their own progress as educators, provided that such Child Content does not personally identify or allow the identification of any Child and otherwise complies with the above requirements. By submitting Child Content you agree to such use of it by the applicable educator. Each such educator can include such content in their own Educator Portfolio, and such Educator Portfolios may be maintained and used by the respective educators during and after their engagement by any particular Centre for the purposes of their development as educators.

13. Confidentiality

Storypark will treat Personal Data as confidential and will implement reasonable physical, technological, and organizational safeguards, to keep Personal Data and confidential information confidential and secure. It will not disclose this information except:

  • to Users who have been granted access to a Child Profile by the Primary Account Holder or, where applicable, an Early Childhood Provider;
  • to Storypark’s personnel and any service provider or licensor that Storypark works with where necessary to operate the Service (any such persons must agree to equivalent obligations regarding confidentiality and privacy);
  • where the information has been made anonymous or is aggregated into de-personalised information about curriculum use or other learning practices that may benefit the sector;
  • if the relevant Primary Account Holder gives Storypark permission to do so; 
  • in accordance with our Privacy Policy; or
  • if required or permitted by law.

Nevertheless, because internet transmissions and other security measures cannot be guaranteed to be 100% secure in all aspects (including in relation to unauthorised use and disclosure of Personal Data), you acknowledge and agree that you use this Service at your own risk, and you should only proceed to use the Service if you accept this condition.

You must not share another User’s Personal Data without that User’s explicit permission. You must not share a Child’s Personal Data without the explicit permission of that Child’s Primary Account Holder. You agree to the terms set out in Storypark’s Privacy Policy.

14. Other Information

Some Users, such as those involved in piloting certain features, may have access to sensitive information, content or User feedback. Those Users agree not to disclose this information to third parties without Storypark’s prior written consent.

From time to time Storypark may permit a User to make screenshots or screencasts of the Service for marketing or educational purposes with Storypark’s prior consent. Without limiting any other provision, these screenshots or screencasts must not include any Child Content or any User Data unless the User who provided such User Data gives their prior written consent or, in the case of a Child, the explicit permission of that Child’s Primary Account Holder.

15. Intellectual Property Rights and Feedback

Storypark does not acquire ownership of any Intellectual Property Rights, including but not limited to copyright, trade-mark or patent or other proprietary rights, in respect of any Content posted through the Service, including that created by educators or other Users. Intellectual Property rights in such Content will always remain with the relevant creator or other copyright owner but are licensed on a non-exclusive basis to Storypark for the purposes only of providing the Service to Users.

Some of the material (CCL Material) Storypark uses in its Services is licensed pursuant to a Creative Commons Licence and Storypark makes the CCL Material available to you on the terms of that Creative Commons Licence. In this regard:

  • Details of the original author of the CCL Material and the relevant Creative Commons Licence will be identified and displayed by Storypark (and will generally be found on the Website and/or the metadata of (or documentation relating to) the relevant CCL Material).
  • CCL Material is not Storypark property and is credited to the original author. Storypark does not assert or imply any connection with sponsorship or endorsement by the original author of its use of the CCL Material and its inclusion in the Service in no way implies that Storypark has the right to sublicense it to you or any other person.
  • Storypark has not imposed any terms on the use by you or any Users of the CCL Material (or placed any digital rights management technology on the CCL Material, any adaption of the CCL Material or the CCL Material as incorporated with other separate works) that alters or restricts the terms of the Creative Commons Licence, any rights granted under it or which have the effect or intent of restricting the ability to exercise any such rights.

Except as specified above in respect of the CCL Material, you agree that Storypark or its licensors owns all Intellectual Property Rights associated with the Service and any other materials created by or on behalf of Storypark (including but not limited to images, photographs, animations, video, audio, text, data, software code, functionality, the interface, User feedback and accompanying printed or marketing materials).

For the avoidance of doubt Storypark does not own Intellectual Property Rights in any Child Content.

By using the Service, you confirm that any Content you post to the Service will not infringe any other person’s privacy, Intellectual Property Rights or any law. Storypark will not access or remove your Content unless you provide permission, Storypark suspects you have breached this Agreement or otherwise in accordance with this Agreement.

Comments or opinions expressed in any user supplier content are those of their respective Users only. These do not necessarily represent or reflect the views of Storypark, and Storypark is not responsible for, and disclaims all liability in relation to, the User Content posted, uploaded or otherwise submitted to or through the Services.

We reserve the right, in our sole and absolute discretion, to modify, edit or remove any Content, if a complaint or notice of allegedly infringing materials is received with respect to the Content, or for any other reason. 

If you believe any Content infringes your rights, please contact us using the information below. 

If you choose to provide us with any product or service ideas or other feedback, (“Feedback”), you: (i) grant us a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all Feedback (in any format or media) that you provide; and (ii) waive all moral rights in and to all Feedback that you provide in our favour.  For greater certainty, this means that, among other things, we have the right to use any and all ideas you submit (including ideas about our plans, services, publications or campaigns) in any manner that we choose, without any notice or obligation to you whatsoever. 

16. Shared Content

The ‘Public Learning Sets’ feature allows educators to share curriculum or other links to learning within a public audience.

These links reflect local learning theories and practice and must not contain any Personal Data about individuals. Sharing these links enables educators to learn from each other. Storypark retains the right to use public content (being Content that does not contain Personal Data) for educational research and to benefit the early childhood sector. By providing such content, you grant us a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from such content for this purpose. Further you waive all moral rights in and to all such content in favour of us.

17. Indemnity

You agree to indemnify, and keep indemnified, Storypark, its affiliated companies and its respective directors, officers, employees, agents, representatives, contractors, licensees and successors against any and all liabilities, costs (including legal fees), claims, demands or damages incurred or suffered from the use of the Service, including (without limitation) as a result of any:

  • breach of this Agreement (including, for the avoidance of doubt, Section 27);
  • your access or use of the Service, or Content posted by you or on your behalf through or at the Service or that of any person using your Account or username and password (whether with or without your permission); or
  • violation of any Creative Commons Licence or any intellectual property, privacy or other rights of a third party, by you or any person using your Account or username and password (whether with or without your permission).

18. Limitation of liability

To the fullest extent permissible at law, in no event or circumstances shall Storypark be liable to any person, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business, whether caused by any User, Storypark, its employees, agents, licensors, service providers, or any other persons acting on its behalf. To the extent permissible at law the total liability of Storypark for any loss arising from or in connection with this Agreement, or the use of the Service, will not in any circumstances exceed $100. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

19. Cancellation by you

As a Primary Account Holder you may request the deletion of one or more Child Profiles within your Account at any time. 

You may cancel your Account and terminate this Agreement at any time by following the prompts within the Service. Termination does not entitle you to any refund of any payments made by you to Storypark unless required by law. It is your responsibility to remove all Content posted to your Account before deletion or cancellation. This information may not be recovered by you once an Account is cancelled.

20. Termination by Storypark

Storypark may suspend or terminate your Account at any time if Storypark reasonably suspects you have breached this Agreement (including, for the avoidance of doubt, section 27). 

Storypark may terminate your Account or any one or more Services you access via your Account in the event that Storypark no longer holds (or will in the future lose) the necessary rights or licences needed to provide such Service(s).

Upon termination Storypark may automatically remove all Content posted to that Account.

Termination does not entitle you to any refund of any payments made by you to Storypark unless required by law.

21. Back up of Content

You agree that a back-up of Content from an Account and/or Child Profile may be maintained by an Early Childhood Provider who is a User (in a static form, not accessible through Storypark) notwithstanding such cancellation or termination.

22. Use of subcontractors etc.

You agree that Storypark may use third party vendors, licensors and hosting partners to provide hardware, software, networking, storage, services, support, and related technology to run the Service and store and manage the Content, or to otherwise assist us in the provision of the Services.

23. Jurisdiction

For Users who are not individuals resident in the Province of Quebec, this Agreement shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts for any matter arising under or relating to this Agreement.

24. Transfer and Assignment

You acknowledge and agree that Storypark may, at any time throughout the Term, transfer, novate, assign or sub-license its rights and obligations under this Agreement (or any part of them) without your consent, including (without limitation) to a third party licensor or service provider used by Storypark in connection with the Service. 

25. Validity

Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.

26. Amendments to this Agreement

This Agreement or any part of it, including without limitation the fees, and services, may be amended or replaced from time to time, with or without prior notice to Users other than as required by applicable law, by posting an updated Agreement on the Website.  Where required by applicable law or at our discretion, we will provide notice of such changes at least 30 days before the amendment comes into effect, setting out the new clause only, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment. You may refuse the amendment and rescind, or cancel your agreement with us without cost, penalty or cancellation indemnity. If any updated Agreement constitutes a material change to this Agreement, Storypark will endeavour to post an announcement on the Website. Your continued use of the Service and/or Website following any amendment constitutes your acceptance of any updated Agreement. If you do not agree to any updated Agreement you must cease use of the Service and cancel your Account.

27. Uploading and transferring other people’s Personal Data through the Service

You acknowledge and agree that, in respect of other people’s Personal Data (including the Personal Data of Children) that you upload and transfer within the Service, you are acting as a joint data-controller along with Storypark in respect of such Personal Data.

By accessing and using the Service to upload and transfer other people’s Personal Data, you agree that you:

a) Comply with all Data Protection Laws: will comply with your obligations under all applicable Data Protection Laws;

b) Obtain consent:  have obtained (or shall obtain) all consents necessary under Data Protection Laws, for Storypark to lawfully process the Personal Data through the Service as you direct, and that such consent is obtained from the correct person.  If you are a Primary Account Holder, you must provide explicit consent to enable such information regarding a Child to be lawfully uploaded into the relevant Child Profile; 

Storypark may, but shall not be required to, offer through the functionality of the Service a pop-up or embedded form to allow Account Holders to give their consent, retrospectively, to the processing of their Personal Data (or the Personal Data of a Child that they are the parent or guardian of) through the Service. However, you shall not rely on any such functionality, and it is your responsibility to ensure that you obtain consent from the appropriate person(s).

c) Withdrawn consent or objection to processing:  must notify us (and remove the relevant Personal Data from the Service) without undue delay if any Account Holder fails to provide consent, withdraws their consent, or any part of their consent, or objects to any processing of Personal Data through the Service. This shall include any withdrawal of consent, or objection received by you from a Child to whom the Personal Data relates or from that Child’s parent or guardian;

d) Accuracy of Personal Data:  will make sure that you are frequently updating any Personal Data stored within your Account that relates to another person when requested to do so by that person;

e) Security breach:  upon becoming aware of a Security Incident, or any other breach, or suspected breach, of your security safeguards, must notify us without undue delay and shall provide timely information relating to the security incident as it becomes known or as is reasonably requested by us;

f) Sensitive data:  if required by Data Protection Laws, will only upload or transfer Sensitive Data to the Service if Explicit Consent has been obtained from the Primary Account Holder;

g) Secure use of the Service:  are responsible for your secure use of the Service, including securing your Account authentication credentials, protecting the security of Personal Data when in transit to and from the Service, taking any appropriate steps to securely encrypt or backup any Personal Data uploaded to the Service and ensuring that Personal Data is protected in a manner comparable to (or no less stringent than) the safeguards contained in the New Zealand Privacy Act 2020, and the local Data Protection Laws;

h) Evaluation of the Service:  are responsible for reviewing the information made available by Storypark relating to data security and making an independent determination as to whether the Service meet your requirements and legal obligations under Data Protection Laws.

i) Updates to Terms of Use and Privacy Policy:  acknowledge that the Service is subject to technical progress and development and that Storypark may update or modify its Terms of Use and this Privacy Policy from time to time, and you agree to review the latest version of the Terms of Use and Privacy Policy from time to time.

28. Contact Us

You may contact us at hello@storypark.com, by post to Storypark Limited, PO Box 27239, Te Aro, Wellington 6141, New Zealand, or by phone at 1 888 330 9658.