Privacy Policy

Access to certain sections of the website KidsCare.lu (hereinafter the “Site”) as well as any request for information from users of the Site (hereinafter the “User”) may result in the communication of personal data concerning them.

This Privacy Policy is intended to inform each user of the Site, before he communicates personal data concerning him, on the conditions and the way in which the personal data he provides on this site are processed by Babilou Family Luxembourg SA.

Babilou Family Luxembourg SA recognizes the importance of ensuring the protection and security of privacy and Personal Data and has established this Privacy Policy in accordance with the strictest criteria for the protection of personal data and any Applicable Regulations.

By accepting this Privacy Policy, the User consents to his Personal Data being collected and processed under the conditions and according to the methods defined below.

1. Definitions

Control Authority:	means an independent public authority set up by a Member State in application of the GDPR
Personal data :	means any information provided to the User on the Site and allowing him to be identified, processed by Babilou Family Luxembourg SA under the conditions defined by this Privacy Policy.
Commercial Partners :	designates the companies with which Babilou and/or one of its Affiliates is/are bound by a partnership contract, allowing the Group Babilou to offer its customers the offers and services of these partners, under privileged conditions.
Policy of Confidentiality:	means this Privacy Policy.
Applicable regulations:	means the GDPR and any regulation of a Member State of the European Union applicable to the protection of personal data
GDPR:	means Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 (known as the “General Data Protection Regulation”).
Subcontracting :	means any Third Party entity that processes Personal Data on behalf of Babilou Family Luxembourg SA and/or its Affiliates.
Treat or Treatment:	means any operation or set of operations performed or not using automated processes and applied to Personal Data, such as the collection, recording, organization, storage, use, limitation, erasure or destruction.
Third :	means any natural or legal person other than Babilou Family Luxembourg SA, and the User.
User(s):	means any natural person visiting the Site and providing Babilou Family Luxembourg SA via the Personal Data Site concerning it.
Personal Data Breach:	means a breach of security resulting, accidentally or unlawfully, in the destruction, loss, alteration, unauthorized disclosure of Personal Data or unauthorized access to such data.

2. Processing of Personal Data

2.1. This Privacy Policy is applicable to Processing by Babilou Family Luxembourg SA, which acts as data controller, of the Personal Data voluntarily provided by the User on the Site.
The communication of this data is optional. Information marked with an asterisk is required for Babilou Family Luxembourg SA to respond to requests from the User within the framework of the functionalities of the Site.

Any information marked with an asterisk which is partial, inaccurate or missing, makes it impossible for Babilou Family Luxembourg SA of the services or benefits requested by the User. However, the provision of partial or inaccurate information does not entail any consequences for the User.

The other information requested, for which the answer is optional, is intended to get to know you better and thus to improve the services offered to you, while ensuring their security.

2.2.    The purposes of the processing of Personal Data provided by Users via the Site will be as follows:
1.   to process a request for reservation of places in a nursery filled in via the request forms for a place in a nursery;
2.   after prior consent of the User and until the revocation of this consent, send newsletters in order to offer him educational content relating to early childhood;
3.   process and respond to an application submitted on the Site;
4.   process and respond to a contact request from a User of the Site (Family, Nursery Manager, Press, Company, Community/State, Candidate);
5.   process a request to register for an event;
6.   analyze the frequentation of the pages of the Site and the behavior of the Users of the Site.
7.    Access your Parents Space;

In the event that you benefit from a place in a nursery through us in our network of partner nurserys, we transmit some of your Personal Data (surname, first name, email address, name of your child, first name of your child, date of birth of your child, telephone, employer) to the nursery manager, member of our network, welcoming your child within his structure.

Users are invited to read and accept the Privacy Policy, with regard to the Processing of Personal Data communicated in the context of a reservation request for a place in a nursery, registration for the newsletter and when they fill out a Contact form.

In accordance with Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, if you subscribe to the newsletter on our website, you should know that you have the right to oppose the receipt of the said newsletter by clicking on the hypertext link at the bottom of each newsletter received and reproduced below: "Click here to unsubscribe".

2.3. The table below describes:

the object and purpose(s) of the Processing,
the persons concerned by the Processing,
the categories of Personal Data Processed,
the recipients of the Personal Data,
the retention period of the Personal Data
the legal basis.

Object/Purpose	Persons concerned	Data processed	Recipients of Personal Data	Duration of retention of Personal Data
Request contact	Site user	Last name First Name Email Phone City	Administrative department	Contract length
Application for registration / reservation of a place in a nursery & day center	Child Site User	Last name First Name Parents' address Email Phone Number Last name First Name Date of Birth Attendance Desired registration date	Commercial Service	Contract length
Analysis of traffic to the pages of the Site	Site user	- Technical data: Hardware and software used / location	Marketing Service	26 months
Applicant area: submitting an application online	Site user	Last name First Name address Email phone number birth date Nationality Professional availability written and spoken languages Qualification CV	HR Service	12 months

MANAGEMENT OF THE PARENT SPACE?

2.4. Babilou Family Luxembourg SA undertakes to Process Personal Data only for the purposes described above, to the exclusion of any other purpose. Especially, Babilou Family Luxembourg SA does not sell or rent Personal Data to Third Parties.

3. Data Protection Officer

The group Babilou has appointed a data protection officer to carry out the tasks referred to in Article 39 of the GDPR.

The Data Protection Officer can be contacted at the following address:

Ms Pauline GAUTIER
Babilou – Data Protection Officer
60, avenue de l'Europe 92270 Bois-Colombes
OR at the following email address:
dpo @babilou.com

4. Technical and organizational measures

4.1. Babilou Family Luxembourg SA implements the appropriate technical and organizational measures to ensure the protection of Personal Data and to provide its Processing with the necessary guarantees, in accordance with the requirements of the GDPR.

In particular, Babilou Family Luxembourg SA takes all necessary precautions with regard to the nature of the Personal Data communicated to it and the risks presented by their Processing, in order to preserve their security and, in particular, to prevent them from being distorted, damaged, or that Third Parties unauthorized access.

4.2. The technical and organizational measures taken by Babilou Family Luxembourg SA are regularly tested, analyzed and evaluated, in order to verify their effectiveness.

5. Third Party Requests

Babilou Family Luxembourg SA undertakes not to disclose Personal Data to Third Parties without the Users' authorization, except in the event of an administrative or judicial request or injunction or in application of a legal or regulatory requirement.

6. User Rights

6.1.    In accordance with Articles 15 to 21 of the GDPR, the User has the right:
- to obtain confirmation that Personal Data is or is not being processed and, when it is, access to said Personal Data,
- to rectify the Personal Data which are inaccurate and to complete them taking into account the purposes of the Processing,
- to obtain the erasure of Personal Data, in particular when:
   o the Personal Data is no longer necessary for the purposes for which it was Processed,
   o the Personal Data has been unlawfully processed,
o the Personal Data must be erased to comply with a legal obligation,
- limitation of the Processing of his Personal Data, in particular when their accuracy is disputed or when the Processing is unlawful,
- the portability of his Personal Data, namely the right to receive the Personal Data, in a structured, commonly used and machine-readable format, in order to transmit them to another data controller, provided that the Data Processing concerned Personal data is carried out using automated (computer) processes.

6.2.   In order to exercise any of his rights, the User must send a request to the Data Protection Officer:
- either by post addressed with acknowledgment of receipt, to the address of Babilou Family Luxembourg SA indicated in article 1.3 of this Policy and for the attention of the Data Protection Officer,
- either by email, to the following address: dpo@babilou. Com.
Babilou Family Luxembourg SA undertakes to acknowledge receipt of any request made in this respect by a User and to process it as soon as possible. It also undertakes to notify any recipient of the Personal Data to whom it has been communicated with the consent of the Users of any rectification, erasure or limitation of Processing, unless such communication proves impossible or requires disproportionate effort. .

6.3.   In addition, Users have the right to lodge a complaint with a Supervisory Authority, namely the CNIL in France.

7. Confidentiality

Babilou Family Luxembourg SA undertakes that each member of its staff authorized to Process Users' Personal Data is subject to strict obligations of confidentiality and protection of Personal Data, and undertakes in particular to:
- Process only the Personal Data strictly necessary for the achievement of the purposes for which they are collected,
- that the Personal Data are not Processed for purposes other than those for which they were collected, except in the event of an administrative or judicial request or injunction or in application of a legal or regulatory requirement,
- take all measures in accordance with the practices and the state of the art in order to avoid the misuse or fraudulent use of the Personal Data and to preserve the physical and logical security of the Personal Data;
- in the event of termination of his duties, fully return the data, computer files and any information medium relating to Personal Data,
- inform immediately and by any means whatsoever Babilou Family Luxembourg SA of any Personal Data Breach of which it becomes aware.

8. Subcontractors

8.1. The group Babilou undertakes to use Subcontractors with sufficient guarantees as to the implementation of appropriate technical and organizational measures so that the Processing of Personal Data meets the requirements set out in the GDPR.

8.2. The Processing of Personal Data carried out by a Subcontractor is governed by a contract concluded between the latter and Babilou and/or one of its Affiliates, in accordance with the provisions of Article 28 of the GDPR.

8.3. In particular, Babilou Family Luxembourg SA imposes on its Subcontractors the same obligations and the same level of requirement as that to which it is subject in the context of the Processing of Personal Data.

8.4. Subcontractors may not use a subcontractor without the prior consent of the Data Controller and are in particular required to notify the Babilou Family Luxembourg SA any Personal Data Breach.

9. Transfer of Personal Data

Babilou Family Luxembourg SA does not transfer Personal Data to a State that is not a member of the European Union or the European Economic Area.

Notwithstanding the foregoing, in the event of transfer by Babilou Family Luxembourg SA directly or indirectly outside the European Union or if subcontracting gave rise to cross-border flows of personal data outside the European Union or in a country that does not provide an adequate level of protection within the meaning of the Regulations applicable, this transfer could only take place after a contractual framework that complies with the requirements of the applicable Regulations, i.e. incorporating the standard protection clauses adopted by the European Commission.

10. Personal Data Breach

10.1.   Babilou Family Luxembourg SA will inform each User concerned as soon as possible of any Breach of their Personal Data likely to create a high risk for their rights and freedoms, in accordance with Articles 33 and 34 of the GDPR. This information describes in particular the probable consequences of the Violation, as well as the measures taken or envisaged by Babilou Family Luxembourg SA to remedy the Breach, including the measures taken to mitigate any negative consequences thereof.

10.2.   However, the information referred to in the aforementioned Article 10.1 is not necessary if one or other of the following conditions is met:
-   Babilou Family Luxembourg SA has implemented the appropriate technical and organizational protection measures and these have been applied to the Personal Data affected by the said Breach,
-   Babilou Family Luxembourg SA has taken subsequent measures to ensure that the high risk to the rights and freedoms of Users is no longer likely to materialize,
- it would require disproportionate effort.

10.3.    Babilou Family Luxembourg SA will notify the Supervisory Authority as soon as possible and if possible within 72 hours after becoming aware of it, of any Violation likely to create a high risk for the rights and freedoms of Users.

11. General provisions

11.1.   In the event of a conflict between this Privacy Policy and the general terms and conditions of use of a Group offer Babilou subsequently subscribed by the User, this Policy will prevail, with regard to the Processing of Personal Data described in Article 2.

11.2.   If any of the stipulations of this Privacy Policy were to be canceled or declared inapplicable, in part or in whole, under the laws and regulations in force, it will be excluded from this Policy without affecting the validity and the applicability of all of its other stipulations.

11.3.   The Privacy Policy is subject to change by Babilou Family Luxembourg SA at any time, in particular due to technical or normative changes. If applicable, Babilou Family Luxembourg SA undertakes to communicate the new Privacy Policy to Users.