The terms and conditions of use herein concern the provision of electronic communication services by Touhula Daycare Centres, via a mobile communications application (hereinafter the ”Service”) and comprise a binding agreement between the Service Provider and the Customer (hereinafter collectively the ”Parties”). The ”Customer” is the guardian of a child in childcare in a Touhula Daycare Centre and the ”Child” is a child in the care of the Customer and in childcare in a Touhula Daycare Centre.

The primary purpose of the electronic communication Service provided by the Touhula Daycare Centres is to provide high-quality, up-to-date information on the daycare times and events during each day of daycare of children in childcare at the Touhula Daycare Centres, and to provide a means of communication between the daycare centre and the child’s home.

By accepting these terms and conditions, the Customer agrees to comply with them when using the Service. If you do not understand or accept these terms and conditions of use, do not use the Service.

The ”Service Provider” is Touhula Varhaiskasvatus Oy, Isokatu 25, Floor 4, 90100 Oulu, tel. 010 325 8600 and other companies belonging to the same group. The Service Provider has several daycare units, one of which is the primary childcare provider for each child (”Care Relationship”).

1. The Service and its use

1.1. The Service comprises a mobile application and the required database; unless otherwise stated, the terms and conditions of use herein fully apply to both the application and database.

1.2. The Service enables the user to follow the daycare times of a Child in daycare in a daycare centre unit run by the Service Provider and to obtain information on events during each day in daycare, on topics such as sleeping, meals and exercise. The Service involves the provision of a communication channel between the Service Provider, the Service Provider’s daycare centre unit and the Child’s home. The Service Provider’s staff are responsible for recording information on the Child in the Service. The Service also helps to ensure the correct staffing of Touhula daycare centre units and to improve the quality of the overall service (”Purpose”).

1.3. The Service may only be used to the extent provided for by the terms and conditions of use herein, for the Purpose defined above.

1.4. By using the Service, the Customer confirms and declares that they have read, understood and accepted the terms and conditions of use, and undertakes to comply therewith.

1.5. The Customer declares their acceptance of provision of the Service as is.

1.6. The Service is primarily available twenty four hours a day, but may be subject to maintenance downtimes, of which the Service Provider is under no obligation to notify the Customer in advance, unless the downtime is exceptionally long (over 24 hours). The Customer is responsible for ensuring the Internet and data connections and equipment required to use the Service, and the Service Provider is not responsible for ensuring the availability, usability or compatibility of such connections or equipment.

1.7. No separate fees shall be charged for using the Service, which shall form part of the overall childcare service provided by the Service Provider.

2. Child’s profile, personal data and its processing

2.1. Users log into the service with the user ID created by the Customer. The profile(s) (”Child’s Profile”) of the child(ren) of the Customer for whom the Service Provider is providing childcare is/are connected to the user ID. Data concerning each Child and Customer and considered indispensable to the use of the Service and to the Care Relationship is recorded in the connected Child’s Profile; such data includes the name, email address, postal address and telephone number, the Child’s personal identity code, the Child’s profile picture, persons authorised to pick up the child, the guardians’ details, and information on events during the Child’s day, as well as messages between the Child’s home and daycare centre unit or the Service Provider.

2.2. The Service Provider acknowledges that the Service also involves the processing of the children’s personal data and accordingly undertakes to observe special care regarding its data processing method and data security principles, and to ensure a sufficient level of data security. When using the Service, the Customer can activate a PIN code prompt in order to improve the level of data security. However, the Customer can also remain logged into the service. The Customer is advised to use a locking function on their mobile phone or other device.

2.3. The Service Provider hereby declares that the Child’s profile and Customer’s data recorded in the Service shall only be processed within the Service, and solely to the extent required to fulfil the Purpose of the Service.

2.4. The processing of personal data concerning a person under the age of 16 requires the express permission and consent of a guardian of said person. By accepting the terms and conditions herein, the Customer gives permission for the processing of the Child’s personal data to the extent provided for in the terms and conditions of use and the privacy statement of the Service.

2.5. By using the Service, the Customer gives the staff and administration of the Service Provider’s daycare centre unit permission to process and record data concerning the Child via the Service.

2.6. Subject to the Customer’s consent, the Service Provider can use the Customer’s data for the Service Provider’s own marketing purposes.

2.7. A more detailed description of the purpose of recording and processing data included in the Customer’s and Child’s profile, and of the privacy principles of the resulting personal data file, is provided in the privacy statement.

2.8. By accepting these terms and conditions, the Customer agrees to monitoring of their use of the Service in order to improve the Service’s user experience, or for example to resolve possible technical problems. Data obtained by monitoring shall be used solely for the further development and improvement of the Service. No specific data from the Child’s profile shall be collected or recorded as part of said monitoring data.

2.9. The Service Provider shall ensure the accuracy of the data recorded by the Service and is obliged, in all cases, to correct any erroneous or incomplete data it provides, within the Service.

2.10. The Customer hereby declares that any data provided by the Customer for the Service is correct.

3. Intellectual property rights

3.1. The Service contains the intellectual property rights of the Service Provider and its contractual partners. All trademarks; identifiers; inventions; patents; utility models; models; technical models; commercial, technical and financial information; as well as works written or otherwise and other materials, work and results related to the Service and its provision, and the related rights, shall remain the property of the Service Provider and its contractual partners. The Customer may exercise such immaterial property rights, to the required extent, if they are indispensable to using the Service.

4. Expiry of the terms and conditions of use

4.1. From the time of their acceptance, the terms and conditions of use herein shall enter into force and be binding on the parties, and shall remain in force until their cancellation, unless expressly agreed otherwise. Notwithstanding the above provisions, the terms and conditions of use shall expire between the parties upon the expiry of the customer relationship and Care Relationship between the Customer and Service Provider.

4.2. The Customer may cancel these terms and conditions of use by terminating the Care Relationship, if the Customer regards the Service Provider as having breached these terms and conditions of use, or of otherwise having breached the contract between the Customer and the Service Provider. In such a situation, the Child’s profile shall also be deleted from the system.

4.3. Upon the termination of the customer relationship and Care Relationship between the Customer and the Service Provider, or if the terms and conditions of use herein are cancelled, the Service Provider has the right to retain data relating to the Customer whereby the Service Provider has a statutory or regulatory right or obligation to retain said data. Otherwise, data relating to the Customer’s and Child’s profile shall be deleted, or anonymised for statistical purposes, upon the expiry of the statutory or regulatory obligation to retain such data.

4.4. If the Customer is in breach of these terms and conditions of use, or causes harm or damage to other Service users, the Service Provider may cancel these Service terms and conditions by cancelling the related contract with immediate effect, and prevent the use of the Service by the Customer in breach of the terms and conditions.

4.5. Obligations with regard to the terms and conditions of use and terms providing for the handover of data to the authorities shall remain in force after the expiry of the contract, as is the case for other terms of such a nature that they continue to apply after the expiry of the terms and conditions of use.

5. Other terms and conditions

5.1. The Service Provider shall use subcontractors to produce the Service and may use a subcontractor to deliver the Service. The obligations of the Service Provider towards the Customer in providing the Service shall be determined in accordance with the terms and conditions of use herein and the legislation in force.

5.2. Should any of these terms and conditions of use prove invalid, all other terms and conditions shall remain in force, in their original form, to the greatest possible extent.

5.3. The Service and its use shall be subject to Finnish law. Any disputes or conflicts related to the Service shall be settled in Finland in accordance with Finnish law, unless statutory provisions otherwise require.