Crème de la Crème, Inc. respects your privacy like we care for your child, with care and caution. Safety and security is integral in everything we do, which is why we protect your family in person as well as your privacy online. And, we support every family’s situation fairly and equally because everyone is unique in their own way.

If you’re interested in learning more, you may read the following detailed information about your privacy rights, our expectations about acceptable use of our website and our policy against discrimination of any kind.

Last Updated: September 22, 2026

This online Privacy Policy (the “Policy”) describes how KinderCare Learning Companies, Inc.™ and its affiliates including but not limited to KinderCare® Learning Centers, CCLC®, Champions®, Knowledge Beginnings®, The Grove School®, Cambridge Schools™, Rainbow Child Care Center, Crème de la Crème, and any other entity over which KinderCare Learning Companies, Inc.™ has control (collectively “KinderCare,” “we,” “us,” or “our”) collect, use, disclose, and secure the personal information we gather about you through our websites (each a “Site” and collectively the “Sites”), when you use our Sites or apps, and when you otherwise interact with us (collectively, the “Services”).

For purposes of this Policy, “personal information” means data that classifies as personal information, personal data, personally identifiable information, or similar terms under applicable data privacy and security laws and regulations.  It does not include data excluded or exempted from those laws and regulations, such as aggregated, anonymized, or deidentified data.  Nothing in this Policy will constitute an admission or evidence that any particular data privacy or information security law or regulation applies to KinderCare generally or in any specific context.

In providing our Services, KinderCare may collect personal information on behalf and as a service provider for third parties.  This Policy does not govern any information we collect on behalf of third parties, and you should consult their privacy policies to become familiar with their data collection and usage practices.

Notice at Collection for California Residents: At or before the time of collection of their personal information, California residents have a right to receive notice of:

While we strongly encourage users to read the entire Policy, you can jump to the sections of this Policy that contain this information by clicking on the hyperlinks above.

1.              You Consent to This Policy

By accessing, browsing, downloading, or otherwise using the Services, you confirm that you have read, understood, and agreed with this Policy.  Beyond this Policy, your use of the Services is subject to our Terms of Use.  If you do not agree to this Policy or our Terms of Use, you may not use the Services.

This Policy and the Terms of Use apply regardless of how the Services are accessed and will cover any technologies or devices by which we make the Services available to you.

If you have any questions or concerns about our personal information policies or practices, you can contact us in the methods described in the “Contact Us” section of this Policy.

2.              Types of Personal Information We Collect

We collect information you voluntarily provide directly to us, information that we collect automatically when you interact with the Services, and information collected from third parties.  The categories of personal information that we collect and the purposes for which we collect that information are described below.

a.              Personal Information You Provide to Us

The following list describes the categories of personal information we may collect directly from you:

  • Account Information. We collect first name, last name, email address, login credentials, password, gender, and date of birth.  We collect this information when you provide it directly to us such as when you sign up for the Services, creating an account through the Sites, or fill out a form.  We use this information for the following purposes: providing the Services, administrative purposes, and marketing and advertising our products and services. s
  • Information About Your Child. We collect information related to your child’s care needs including allergies, medications, medical care provider, immunization history, weight, height, hair and eye color.  We also collect information about your child receiving any support services, such as physical, speech or occupational therapy, as part of the daycare application process. We use this information to provide the Services and for administrative purposes.  For more information about our collection of health information, please visit our Supplemental Consumer Health Data Privacy Policy.
  • Contact Information. We collect name, postal address, telephone number, and e-mail address when you provide it directly to us, such as when you sign up for newsletters, request information about our Services, create an account, or fill out a form.  We use this information to provide the Services, for administrative purposes, and marketing and advertising our products and services.
  • Payment and Commercial Information. We, or a payment processor acting on our behalf, collect name, billing address, phone number, third party payment service provider-related information, debit or credit card information, purchase and participation history, or other payment processing information.  We use this information to provide the Services and for administrative purposes.
  • Responses to Surveys and Questionnaires. We collect the responses you provide to us when you respond to marketing materials, promotions, contests, other surveys, or any requests for feedback that we send.  We use this information for administrative purposes and to market and advertise our products and services
  • Social Media Information. We collect information that you post or share with us when you interact with our blog or our social media pages.  Please note that your comments will be visible to the public, so you should never share personal information that you would like to keep private. We use this information for administrative purposes and to market and advertise our products and services. 
  • Location Information. We collect information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Services), and may use that information to customize the Services with location-based information, advertising, and features. By using our Services, you consent to the collection of location information. If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
  • Text Message Opt-In Information. We collect your phone number, records of your consent, communication preferences, information about the text messages we send and receive, and other related information you share with us when you provide your consent to receive SMS marketing messages from us.  We collect this information when you opt in to receive text messages from us.  We use this information to provide the Services, to provide and support our text messaging program, for administrative purposes, to market and advertise our products and services, and to operate, improve, and troubleshoot our text messaging program.  Depending on your preferences we may also use this information to send account-related text messages such as payment remainders, enrollment updates, confirmations, scheduling information, and other service-related communications.  If you opt-in, we may also use this information to send promotional text messages.  We do not sell or share your text message consent or opt-in status with third parties for their own marketing purposes.  We may share your information with service providers or affiliates who help us operate our text messaging program, including messaging platform providers, wireless carriers, technology vendors, and other service providers that support message delivery, only to provide services on KinderCare’s behalf.
  • User-Generated Content.  To the extent not already included by the other categories above, we collect information in any content you upload, comment, or otherwise submit on the Services. We collect this information when you submit it to us through any forms or pages maintained by us or on our behalf.  Be aware that as a default, any information you post on the Services, including without limitation reviews, comments, and text, may be available to and searchable by all users of the Services.  We use this information to provide the Services and for administrative purposes.
  • Mobile Application Information.  We collect any information you might provide through the KinderCare App, including form information, photos, message contents, and any additional information.  We collect this information when you submit it directly to us through our mobile application.  We use this information to provide the Services and for administrative purposes.
  • Chat Information.  We collect any information you might provide through any chat or messaging features on the Services, such as KinderCare Companion or KinderBot.  We collect this information when you provide it directly to us.  When you use such features, we record the information in messages you send us.  Please note that information related to your communications may also be shared with our service providers.  We collect this information to provide the Services and for administrative purposes. 
  • Job Applicant Information. We collect information you provide when you apply for a job with us, including your name, contact information, resume or curriculum vitae, cover letter, employment history, education history, professional qualifications, references, and any other information you choose to include in your application materials. We collect this information when you submit a job application through our career portal, email us directly, or apply through third-party job platforms. We collect this information to provide the Services and for administrative purposes.
  • For additional detail regarding how we use your personal information, please see the “HOW WE USE PERSONAL INFORMATION” section of this Policy below.

b.             Personal Information Collected Automatically Through “Cookies” or Other Tracking Technologies

Cookies are small files created by websites, including our Services, that reside on your computer’s hard drive and that store information about your use of particular websites. When you access our Services, we use cookies and other tracking technologies to:

  • Estimate our audience size and usage patterns;
  • Store information about your preferences, allowing us to customize our Services according to your individual needs;
  • Contact you to provide you with information or services that you request from us;
  • Advertise new content, events, and services that relate to your interests;
  • Provide you with more personalized content that is most relevant to your interest areas; and
  • Recognize when you return to our Services.
  • We may send one or more cookies to your computer or other device.  We set some cookies ourselves, and others are set by third parties.  We may also use other similar technologies such as tracking pixels, tags, or similar tools when you visit our Services.  These technologies can collect data regarding your operating system, browser type, device type, screen resolution, IP address, and other technical information, as well as navigation events and session information as you interact with our Services.  This information allows us to understand how you use the Services.

To learn more about the cookies we utilize and their purposes, review the Cookie Policy linked in this Site.

c.              Personal Information We Receive From Third Parties

We may receive additional information about you, such as demographic data, from third parties, such as marketing partners and combine it with other information we have about you.

3.              How We Use Personal Information

We use personal information we collect for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described in further detail below.

A.   Providing Our Services

We use your information to fulfill our contract with you and provide you with our Services, such as:

  • Managing your child’s care and your account with us;
  • Providing access to certain areas, functionalities, and features of our Services;
  • Answering requests for customer or technical support;
  • Communicating with you about your account, activities on our Services, and policy changes;
  • Processing your financial information and other payment methods for products or Services purchased or used;
  • Processing applications if you apply for a job we post on our Services; and
  • Allowing you to register for events.

B.    Administrative Purposes

We use your information for various administrative purposes, such as:

  • Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
  • Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
  • Measuring interest and engagement in our Services;
  • Improving, upgrading, or enhancing our Services;
  • Developing new products and services;
  • Ensuring internal quality control and safety;
  • Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Policy;
  • Debugging to identify and repair errors with our Services;
  • Auditing relating to interactions, transactions, and other compliance activities;
  • Sharing personal information with third parties as needed to provide the Services;
  • Enforcing our agreements and policies; and
  • Carrying out activities that are required to comply with our legal obligations.

C.   Marketing and Advertising our Products and Services

We may use personal information to tailor and provide you with content and advertisements.  We may provide you with these materials as permitted by applicable law.  Some of the ways we market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.

If you have any questions about our marketing practices, you may contact us at any time as set forth in the “CONTACT US” section below.

d.             With Your Consent

We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

4.              How We Disclose Personal Information

We may disclose personal information we collect:

  • To Business Partners and Affiliates.  We may disclose personal information to our business partners and affiliates; advisors such as legal advisors and financial advisors; related entities, parent companies, co-branded partners, investors, subsidiaries, joint ventures, or other companies under common control; and/or similar third parties. 
  • As Part of Business Transactions or Mergers.  We reserve the right to disclose your personal information to third parties as part of any potential business or asset sale, merger, acquisition, investment, round of funding, or similar type of transaction.  Additionally, if we are entering into a corporate transaction with a third party, we may receive personal information in connection with the diligence.  If we close a transaction, the third party may transfer personal information, which we would use as described in this Policy.
  • As Part of Bankruptcy or Insolvency.  In the event of bankruptcy, insolvency, or dissolution proceedings, we may disclose your personal information with third parties as part of the sale or reorganization process.
  • To Service Providers.  We use service providers to perform various functions on our behalf.  We may also receive personal information from service providers.
  • To Marketing Partners.  We may use certain cookies or tracking technologies, such as Google Analytics, that collect personal information so that it can be used in connection with the marketing efforts of third parties. 
  • As Required by Law, for Legal Purposes, and for Other Similar Purposes.  We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: (a) comply with regulatory, administrative, or law enforcement requests and legal process, such as a court order or subpoena, or the requests of governmental or regulatory agencies (whether domestic or foreign); (b) respond to your requests, the requests of others, or to lessen the burden of anticipated or formal legal requests; or (c) protect your, our, or others’ rights, property or safety.  For the avoidance of doubt, the disclosure of your information may occur if you post any objectionable content on or through the Services.

5.              Your Privacy Rights

a.              Consumer Privacy Rights

Under certain state privacy laws, data subjects are entitled to various privacy rights.  Although they may not all apply to us, KinderCare values your privacy, and we therefore afford privacy rights to all U.S. residents regardless of their state of residency.  The chart below explains these rights, although some exceptions may apply:

Consumer RightExplanation
Right to Know/AccessYou may have the right to confirm whether we are processing your personal information, the right to know specific pieces of personal information we have collected about you, to know the categories of personal information we are processing or have processed, and the right to access that data.  You also have the right to know the third parties to whom we have disclosed your personal information.
Right of CorrectionYou may have the right to correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information.
Right of DeletionYou may have the right to delete your personal information provided by you or obtained about you.
Right to Restrict or ObjectYou may have the right to object to the processing of your personal information that is based on legitimate interests or your consent.
Right of PortabilityYou may have the right to obtain your personal information in a portable and—to the extent technically feasible—readily usable format that allows you to transmit the data to another entity without hindrance.
Right to Opt Out:You may have the right to opt-out of the processing of your personal information for the purposes of: Targeted advertising or sharing; The sale of personal information; and/orProfiling in furtherance of decisions that produce legal or similarly significant effects concerning you. At this time, we do not engage in decision-making based solely on automated processing, including profiling, which produces legal effects concerning you or which significantly affects you.  
Right Against Discrimination/RetaliationYou may have the right not to receive discriminatory treatment or retaliation if you exercise the privacy rights available to you by law.  We will not discriminate or retaliate against you because you exercised any of your privacy rights, including, but not limited to, by: denying goods or services to you; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level of quality of goods or services to you; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Right to Appeal Our DecisionYou may have the right to appeal our decision if we decline to process your request. If applicable laws grant you an appeal right and you would like to appeal our decision with respect to your request, you may do so by informing us of this and providing us with information supporting your appeal.

b.             Sensitive Data

We will process personal information that constitutes “sensitive data,” as the term or its equivalent is defined by applicable privacy laws, in accordance with such laws.  In some instances, that means we will not collect sensitive data without first obtaining your consent or providing you with the right to opt out.

c.              Exercising Your Rights

To exercise your rights, to know/access, correction, deletion, restrict, or portability, as applicable, please email us at privacy@kindercare.com or toll free at 1-833-KCE-PRIV (1-833-523-7748).  You can exercise your right to opt out of targeted advertising cookies and similar technologies, which may constitute a “sale” or “sharing” under certain privacy laws, through the “Your Privacy Choices” link located in the footer of our Site. To exercise your right to opt-out of sales or sharing of your personal information for targeted advertising please visit our “Your Privacy Choices” page.

d.             Verification

To ensure the protection of your personal information, we may need to verify that the individual submitting a request is the consumer to whom the request relates prior to processing the request, or an authorized agent.  To verify a consumer’s identity, we may request up to three pieces of personal information about you to compare against our records when you make a request.

Making a verifiable consumer request does not require you to create an account with us.  However, we may require that you access a previously existing account where necessary to submit the request.

We will only use personal information provided in your request to verify your identity and will delete any information you provide after processing the request.  We reserve the right to take additional steps as necessary to verify the identity of consumers where we have reason to believe a request is fraudulent. 

You may also choose a person or business that you authorize to act on your behalf to submit your requests (“Authorized Agent”).  If you choose to use an Authorized Agent, we require that you provide the Authorized Agent with written permission to allow them to submit your request and that you verify your identity directly with us.  Failure to do so may result in us denying your request.

6.              YOUR Privacy OPTIONS AND CONFIGURATIONS

Depending on the device(s) you use to access the Services, you may be able to select certain privacy choices or configurations, which are further described below:

  • Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms of Use or this Privacy Policy).
  • Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device.
  • Text Messages. If you have previously opted-in to receive text messages from us, you can opt-out of text messages at any time by replying STOP to any KinderCare text message or by calling 1-888-525-278.  After we process your request, we will send one final confirmation message.  For assistance, reply HELP to any KindeCare text message or call 1-888-525-2780.  If you have questions about our text messaging program or policies, please call KinderCare Family Support at 1-888-525-2780.
  • Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers.  Please note that we do not respond to or honor DNT signals.  However, our Site responds to the Global Privacy Control, a similar browser-based opt-out signal..
  • Cookies and Personalized Advertising.  You may stop or restrict the placement of cookies and tracking technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt out of personalized advertisements on some mobile applications by following the instructions provided by Android or iOS.  You can find out more about cookies and how to manage them by visiting https://consumer.ftc.gov/articles/how-websites-apps-collect-use-your-information.  You can also learn more about how to opt out of Google Analytics through Google’s opt-out browser add-on here.

7.              SUPPLEMENTAL PROVISIONS FOR CALIFORNIA RESIDENTS

This section supplements our Policy and only applies to our processing of personal information that is subject to California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq. as amended by the California Privacy Rights Act and implementing regulations (collectively “CCPA”).  Below, we have described our practices relating to personal information of California residents during the preceding 12 months prior to the date this Policy was last updated using the specific terminology required under the CCPA.

  • Collection and Sources of Personal Information.  We have collected personal information in the following categories: identifiers, personal information, commercial information, sensitive personal information, geolocation, internet or other similar network activity, professional or employment related information, and inferences.  We have collected information directly from you, through cookies and similar tracking technologies, and from our partners.
  • Disclosure of Personal Information.  We have disclosed personal information in the categories described above to service providers, data analytics providers, and other third parties pursuant to our legal obligations or as otherwise required by law.  We disclose content posted on our social media platforms (e.g., if a consumer “comments” on a story) to other consumers.  Such posts may include information in the category of personal information and identifiers, but the content depends on the individual posts.
  • Business Purposes for Disclosure and Collection. We have collected and disclosed the categories of personal information described above for the following business purposes: to provide the Services, for administrative purposes, and to market and advertise our products and services. If we process sensitive data as defined by California law, we will only do so for the purposes specifically authorized by California law and in a manner that is necessary and proportionate for those purposes. As such, we do not perform any processing for which a Right to Restrict request is available.
  • “Sharing” and “Sales” of Personal Information.  We have “shared” personal information in the following categories with our partners and service providers for cross-contextual behavioral advertising: identifiers, personal information, commercial information, and internet or similar networking activity for purpose of marketing and advertising our products and services through our use of cookies and similar tracking technologies.  While we have not directly sold the personal information of any consumer for monetary consideration, our use of cookies and other tracking technologies described above may be constitute a “sale” of personal information under the CCPA.  However, we do not have any actual knowledge of us “sharing” or “selling” the personal information of children under 16 years of age.

8.              Cross-Border Transfers of Personal Information

We process personal information on our servers in the United States, and may do so in other countries.  If you use our Services or otherwise provide us with personal information from outside of the United States, you expressly consent to the transfer of your data to the United States, the processing of your data in the United States, and the storage of your data in the United States.  If we transfer personal information subject to cross-border transfer obligations, we will use an appropriate safeguard.

9.              How Long Your Personal Information Is Kept

We determine how long to retain your personal information by taking into account various criteria, such as the type of Services provided to you, the nature and length of our relationship with you, possible re-enrollment with our Services, the impact on our Services we provide to you if we delete some information from or about you, and our obligations under applicable law.

We will retain your personal information until the personal information is no longer necessary to accomplish the purpose for which it was provided.  We may retain your personal information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect you, other people, and us from fraud, abuse, an unauthorized access, as necessary to protect our legal rights, or for certain business requirements.

We will delete your personal information when it is no longer necessary for the purpose for which it was collected, or upon your request, subject to exceptions as discussed in this Policy or under applicable law, contract, or regulation.

10.           Our Commitment to Data Security

The security of your personal information is important to us.  We take various reasonable organizational, administrative, and technical measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction.  If required by law to do so, we will notify you and/or the relevant supervisory authority in the event of a data breach.

However, we cannot and do not guarantee complete security, as it does not exist on the internet.

11.           Third Party Links

Our Services may contain links to third-party websites.  When we provide links, we do so only as a convenience, and we are not responsible for any content of any third-party website or any links contained within.  It is important to note that this Policy only applies to our Services.  We are not responsible and assume no responsibility for any personal information collected, stored, or used by any third party as a result of you visiting third-party websites.  We also advise that you carefully read the privacy notice of any third-party websites you choose to visit.

12.            Children’s Privacy

We do not knowingly collect or otherwise process personal information from children without first obtaining legal permission from that child’s parent or legal guardian, such as through the attestations during account registration.  This Policy, along with any additional parental consent forms provided as part of the provision of the Services to children, describes our privacy practices including the way we collect and process your child’s information.

13.           Changes TO THIS POLICY

This Policy may change from time to time.  If we need to change this Policy at some point in the future, we will post any changes on this page.  If we make a significant or material change to this Policy, we will notify you as required by applicable law.  You should check these terms when you use the Services.  Your continued use of the Services constitutes acceptance of the most current version of this Policy.

14.           Contact Us

If you have any questions about this Policy, please contact us by email at privacy@kindercare.com.

Last Updated: September 22, 2026

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS SITE, USE THE SITE, OR INDICATE ACCEPTANCE OF THESE TERMS.

These Terms of Use (“Terms” or “Terms of Use”) constitute an agreement between you (“you” or the “user”) and KinderCare Learning Companies, Inc.™ and its affiliates including but not limited to KinderCare® Learning Centers, CCLC®, Champions®, Knowledge Beginnings®, The Grove School®, Cambridge Schools™, Rainbow Child Care Center, Crème de la Crème, and any other entity over which KinderCare Learning Companies, Inc.™ has control (collectively, “KinderCare,” “we,” “us” or “our”).  This website (the “Site”) is owned and operated by KinderCare.  Access and use of this Site and our services provided through the Site (together, the “Services”) are provided by KinderCare to you on condition that you accept these Terms of Use.  By accessing or using the Services, you signify that you have read, understand, and agree to be bound by these Terms of Use.  If you do not agree to accept these Terms of Use, you may not access or use the Services.

We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of the Services; and (iv) the equipment, hardware or software required to use and access the Services.

Any changes we make to these Terms of Use will be effective immediately upon posting on this Site.  Please return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.

1.              DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER AND REQUIRES ALL DISPUTES TO BE BROUGHT SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.

a.              Governing Law and Venue

Subject to subsection 1(c), these Terms, and all matters relating to the Services, and any disputes and claims arising therefrom or related thereto between you and KinderCare (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the State of Oregon (without regard to provisions relating to conflicts of law), except as to copyright and trademark matters, which are covered by American federal laws.  You agree that, in accordance with subsection 1(e) of these Terms, any legal action or proceeding between KinderCare and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be resolved individually, without resort to any form of class action, exclusively in the United States District Court for Oregon, or, if there is not subject matter jurisdiction, in the courts of the State of venue in Multnomah County, Oregon, and you agree to submit to the jurisdiction of these courts.  You waive any venue, personal jurisdiction, and inconvenient forum objections or defenses to such courts

b.             Definition of “Disputes”

“Disputes” are any disputes, claims, actions, and other controversies between you and KinderCare or between you and the affiliates or agents of KinderCare that, in either case, arise out of or relate to these Terms, the Services, or any other products or services related thereto, whether based in contract, tort, warranty, fraud, misrepresentation, statute, regulation, or another legal or equitable basis.

c.              Informal Dispute Resolution Prior to Litigation. 

If you have a Dispute with KinderCare or if KinderCare has a Dispute with you, you or KinderCare must first attempt to resolve the Dispute through informal negotiation for a period of sixty (60) days, or such longer period as mutually agreed in writing (email suffices) by the parties (“Informal Resolution Period”) from the day either party receives a written notice of a Dispute from the other party (a “Claimant Notice”) in accordance with these Terms.  The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so.  The statute of limitations and any filing fee deadlines for a Dispute will be tolled for the duration of the Informal Resolution Period for that Dispute so that the parties can engage in this informal dispute-resolution process.  A valid Claimant Notice must be in writing and include all of the following: (i) the name, address and email address of the party giving notice, (ii) a description of the nature and facts of the Dispute, (iii) the relief requested, including the damages sought, if any, and a detailed calculation of them, (iv) an acknowledgement that the Dispute is subject to these Terms, and (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the notice.  A Claimant Notice must be individualized, meaning it can only concern yours or KinderCare’s Dispute and no other person’s or entity’s Dispute.  You will send any Claimant Notice to KinderCare at the following address:

KinderCare
Re: Notice of Dispute
5005 Meadows Rd #200

Lake Oswego, OR 97035

with a copy by email to privacy@kindercare.com, with the subject heading: “Notice of Dispute.”

We will send any Claimant Notice to you at the contact information we have for you.  If a party receives a Claimant Notice, the receiving party will acknowledge receipt of the Claimant Notice and make a good faith effort during the Informal Resolution Period to either resolve the Dispute or explain why the claimant is not entitled to relief.  Neither you nor KinderCare may commence any court action or other legal proceeding regarding a Dispute before the end of the Informal Resolution Period.  If you or KinderCare file a court action or other legal proceeding regarding a Dispute without complying with the requirements in Section 1, including waiting until the conclusion of the Informal Resolution Period, the other party may (i) seek relief from a court to enjoin the filing until the requirements in this Section are fully met, and (ii) seek damages from the party that has not followed the requirements in this Section to reimburse it for any costs incurred as a foreseeable consequence of that breach.

d.             Meet and Confer

The recipient of a Claimant Notice may request an individualized telephone or video settlement conference, and both parties shall personally attend (with counsel, if represented) any conference that is held.  You and KinderCare agree to work cooperatively to schedule the conference at the earliest mutually convenient time (with the Informal Resolution Period being extended as needed until that time) and to seek to reach a resolution during any such conference.

e.              CLASS ACTION WAIVER

This Section 1(e) will apply to the fullest extent permitted by applicable law.  NO DISPUTE SHALL BE JOINED TO ANY OTHER DISPUTE, INCLUDING ANY DISPUTE INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES.  NO CLASS ACTION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER YOU OR KINDERCARE ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY SHALL BE PERMITTED, AND NEITHER YOU NOR KINDERCARE WILL PARTICIPATE AS A CLASS MEMBER IN ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICES OR ANY OTHER PRODUCTS OR SERVICES RELATED THERETO.   ANY RELIEF MAY BE AWARDED ONLY INDIVIDUALLY AND ONLY TO THE EXTENT NECESSARY TO REDRESS YOUR OR KINDERCARE’S INDIVIDUAL CLAIM(S); RELIEF MAY NOT BE AWARDED ON BEHALF OF OTHERS OR THE GENERAL PUBLIC.

f.               One Year to Assert Claims

In no event shall you or KinderCare send a Claimant Notice or commence litigation over any Dispute more than one (1) year after the Dispute first arose.  After such time, the Dispute is permanently barred, which means that you or KinderCare will no longer have the right to assert that Dispute.

g.              Severability

If any part of this Section 1 is found to be unlawful or unenforceable for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms and (ii) the remainder of these Terms will remain in effect.  If the Class Action Waiver in Section 1(e) is found to be unlawful or unenforceable in a state for any reason, to the fullest extent allowed by applicable law, claimants may seek certification only of a class composed of residents of that state.  Further, if any part of this Section 1 is found to unlawfully prohibit an individual claim seeking public injunctive relief that provision will have no effect to the extent such relief is allowed to be sought, and the remainder of this Section 1 will be enforceable.

h.             Third-Party Beneficiaries

You must resolve Disputes with our past, present, and future affiliates and agents as though they were or are KinderCare.  Such affiliates and agents are third-party beneficiaries of this Section 1 and can enforce this Section 1 as though they were or are KinderCare in the event they become involved in a Dispute with you.  Otherwise, these Terms are only for the benefit of, and will only be enforceable by, you and KinderCare only and do not give rights to any third parties.

2.              YOU AGREE TO OUR PRIVACY POLICY

Please review our Privacy Policy, which is incorporated by reference in these Terms of Use.  By using the Services, you are consenting to and agreeing to be bound by the Privacy Policy.

When you use the Services, you consent to receive communications from us electronically via the Services, email, or otherwise.  You agree to provide accurate, current, and complete information about yourself when you use the Services and to update such information while you continue to use the Services.

3.              USE OF THIS SITE

If you access this Site from outside of the United States, you do so at your own risk and are responsible for compliance with local, national, or international laws.  In particular, you understand that this Site, the Services, or both may not be available in all countries and that you are responsible for ensuring that it is lawful for you to use this Site and receive the Services in your location.

Some countries may have laws that forbid participating in the activities we offer on the Site or Services.  These restrictions might include a minimum age for using the Internet or entering into contracts like these Terms of Use.  You are responsible for making sure you can use this Site and the Services in the location you reside in.  Continuing to use the Services represents and warrants to us that you have verified that you are permitted to use the Services in your jurisdiction.

4.              ELIGIBILITY

You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Site or our Services; and (c) have full power and authority to enter into these Terms, and in doing so will not violate any other agreement to which you are a party.

5.              SERVICES AND YOUR ACCOUNT

In order to access and use certain Services available on the Site, you may need to sign up for, open and maintain an account (your “Account”) with us.  Prior to completing the signup process for your Account, you may be required to confirm your acceptance of all of the terms and conditions of these Terms of Use.  If you do not agree to these Terms of Use, you may not sign up for an Account and you shall not have the right to use such Services.

You represent and warrant that at all times you will: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and promptly update your information (including your e-mail address) to keep it accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your account and any or all privileges on the Services and to refuse any and all current or future use of the Services.

During the registration process, you may be required to choose a username and enter your email address.  You acknowledge and agree that KinderCare may rely on this email address or username to identify you.  You shall be responsible for protecting the confidentiality of your username(s), student identification number, and/or password(s), if any.  You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use.  You must not choose a username that infringes the rights of any third party or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate. You agree not to transfer your right to use or access this Site or the Services via your username or password to any third person.

WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT FOR WHICH WE ARE NOT RESPONSIBLE.

Any conduct that in our sole discretion restricts or inhibits anyone else from using or enjoying the Services will not be permitted.  We reserve the right in our sole discretion to remove or edit any content and to terminate your Account for any reason.  If you wish to delete your account or terminate your subscription, you can do so at any time.  In the event of termination, you will still be bound by your obligations under these Terms.

6.              MOBILE DEVICES

If you use a mobile device to access the Services optimized for mobile viewing, or use a mobile application, the following additional terms and conditions also apply.

a.              Message and Data Charges

Based on the preferences you select, KinderCare may send you account-related text messages, such as payment reminders, enrollment updates, scheduling or tour reminders, confirmations, and other important information about your account, enrollment, or services.  If you separately opt in, we may also send promotional text messages about special offers, events, new programs, and other marketing communications.

Promotional text messages are optional and are not required to enroll your child or receive KinderCare services.  Message frequency varies based on your account activity and communication preferences.  KinderCare does not charge for text messages, but your wireless carrier’s message and data rates may apply.

You can opt out of text messages at any time by replying STOP to any KinderCare text message or by calling 1-888-525-2780.  After we process your request, we’ll send one final confirmation message.  For assistance, reply HELP to any KinderCare text message or call 1-888-525-2780.

If you opt out of promotional text messages, we may still send important account- or service-related communications that are necessary to provide the services you requested or are otherwise permitted by law.

You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise.  You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site.  All such charges are billed by and payable to your mobile service provider.  Please contact your participating mobile service provider for pricing plans, participation status and details.

KinderCare’s text messaging program is supported by participating U.S. wireless carriers. Carrier participation may vary, and carriers are not responsible for delayed or undelivered messages.  Please provide a mobile number you own or are authorized to use.  If your number changes, update your contact information with KinderCare so we can continue communicating with you.

For more information on our messaging program, please review our Privacy Policy.

b.             Mobile Application

KinderCare offers a mobile application which is currently made available to you free of charge for your personal, non-commercial use.  Please note that the mobile application is not owned or managed by KinderCare and, as such, is governed by the application provider’s separate terms. For more information about the mobile application, please see KinderCare’s Privacy Notice for Mobile App Users.

7.              ELECTRONIC MESSAGES

By accessing our Site, signing up for Services, creating an account with us, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (i) us communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations from us (collectively, “Records”) electronically; and (iii) entering into agreements and transactions using electronic Records and signatures.  Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink.  You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.  You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically.  You agree to be responsible for keeping your own Records.  If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at privacy@kindercare.com. Agreements and transactions executed prior to this request will remain valid and enforceable.

8.              OUR MATERIALS

KinderCare may make certain digital reproductions of materials, information, content, software, or other materials (including but not limited to intellectual property, database rights, graphics, videos, text, and logos) available to you from this Site from time to time (collectively, the “KinderCare Materials”). 

a.              Intellectual Property

The Services, the content, any KinderCare Materials, information downloaded, and all intellectual property pertaining to or contained on the Services (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by KinderCare or third parties; all rights, title and interest will remain the property of KinderCare and/or such third-party owner, as applicable. KinderCare Materials and all related content is protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, trade dress, internet domain names as well as various other intellectual property and unfair competition laws.  KinderCare or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner except as permitted.

b.             Copies of KinderCare Materials

You are authorized to view and retain copy of pages of the Site only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the Services for the purpose of transacting business with us. You may not tokenize copies of the pages of the Services or any other content on the Services. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Services, or any portion of the Services, for any public or commercial use, without our prior express written consent. Additionally, you agree that you: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Services (or printed pages produced from the Services), and (b) will not make any other modifications to any documents obtained from the Services other than in connection with completing information required to transact business with KinderCare.

c.              License to Use KinderCare Materials

By using the Services, we grant you a non-exclusive, non-transferrable, non-sublicensable right and license to use the KinderCare Materials for your personal use only.  If you download, access or use any KinderCare Materials, you agree that such materials: (i) may only be used for your personal use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without KinderCare’ prior written permission; (iii) shall not be submitted to, processed by, or otherwise fed into any artificial intelligence or automated processing software; and (iv) shall only be used in compliance with any additional license terms accompanying such materials.

9.              USER CONTENT

a.              License for KinderCare for User Content

You are solely responsible for the content and information (collectively referred to as “User Content”) that you post or upload on the Services including feedback or questions.  By submitting User Content to the Services, you automatically grant KinderCare the royalty-free, perpetual, worldwide, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties.  You acknowledge and agree that this license includes the right to reproduce User Content, including any personal information or your likeness, for marketing and advertising purposes.  User Content uploaded or otherwise communicated on the Services shall comply with all applicable law and regulations and any applicable third party agreements, which you are responsible for knowing and understanding.

b.             KinderCare’s Removal of User Content.

You understand and agree that we, without any obligation to do so, may monitor or review any User Content you post, upload or otherwise communicate through the Services.  We reserve the right to remove any such User Content, in whole or in part, at our sole discretion, that violates these Terms, is likely to harm our reputation, is deemed inappropriate or otherwise poses a risk of harm to any other person.  We reserve the right to deactivate your account or otherwise prevent your use and/or participation on the Services at any time and for any reason.

c.              KinderCare’s Use of User Content.

You agree that we may access, preserve and disclose your account and any User Content posted, uploaded, received or otherwise communicated if required to do so by law or with the good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with an enforceable subpoena or other legal process; (ii) enforce these Terms; (iii) respond to claims that any information violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Services in the future; or (v) protect the rights, property or personal safety of KinderCare or its members, employees, agents, affiliates, partners, communities or any other person.

d.             Moral Rights.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personal data, personal information, personally identifying information, or equivalent term be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by KinderCare or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release KinderCare, and its licensees, successors and assigns, from any claims that you could otherwise assert against KinderCare, or any of its assigns or affiliates, by virtue of any such moral rights.  You also permit any other user to access, view, store, or reproduce the User Content for that user’s personal use.

e.              User Content is Non-Confidential.

 User Content submitted by you will be considered non-confidential and KinderCare is under no obligation to treat such User Content as proprietary information.  Without limiting the foregoing, we reserve the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it.  KinderCare is under no obligation to edit, delete or otherwise modify User Content once it has been submitted to us.  We shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.

f.               Disclaimer

Please note that we do not make any representations, warranties or guarantees that: (i) the Site, the Services, or any portion thereof, will be monitored (e.g., for accuracy or unacceptable use); (ii) apparent statements of fact will be authenticated; or (iii) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with these Terms of Use.  We generally do not pre-screen any communications, content or other materials before it is posted, uploaded, transmitted, sent or otherwise made available on the Site or through the Services by users, so you may be exposed to certain communications, content or other materials that is opinionated, offensive, inappropriate, and/or violates these Terms of Use.

10.           USE OF THE SERVICES

You represent and warrant that you will use the Services and any User Content solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have with us and any third parties, all of which  you are responsible for knowing and understanding. You agree that you will not:

  • Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
  • Create user accounts under false or fraudulent pretenses, create or use an account for anyone other than yourself, or create multiple active user accounts to post multiple reviews for the same company;
  • Act in a manner that is harassing, threatening, abusive, racist, bigoted, or is otherwise objectionable (as determined by us);
  • Promote, endorse, or further illegal activities;
  • Disclose information in violation of any legally enforceable confidentiality, nondisclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
  • Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third party;
  • Except as expressly approved by us, and subject to applicable laws, use the Services for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, or other forms of solicitation;
  • Imply a KinderCare endorsement or partnership of any kind without our express written permission;
  • Introduce software or automated agents to the Services, or access KinderCare or the Services so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from KinderCare or the Services without our express written permission;
  •  “Frame” or “mirror” or otherwise incorporate part of the Services into any website, or “deep-link” to any portion of KinderCare or the Services without our express written permission.
  • Reproduce, distribute, copy, modify, or create derivative works of KinderCare or the Services or any content on the Services (excluding User Content) without our express written permission;
  • Copy or use the information, content, or data on the Services in connection with a competitive service, as determined by KinderCare;
  • Sell, resell, rent, lease, loan, trade, or otherwise monetize access to KinderCare or the Services posted on the Services without our express written permission;
  • Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of KinderCare or the Services;
  • Interfere with, disrupt, or create an undue burden on KinderCare or the Services or the networks or services connected to KinderCare or the Services;
  • Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to KinderCare or the Services or attempt to circumvent any security feature of KinderCare or the Services;
  • Post any User-Content that includes any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, defamatory, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity); or
  • Post any User Content that (i) does not generally pertain to the designated topic or theme of the Site or the Services; (ii) violates any specific restrictions applicable to the Site or the Services, including age restrictions and procedures; or (iii) is antisocial, disruptive, or destructive, including anything that can be construed as “spamming,” “flooding,” or “trolling,” as those terms are commonly understood and used on the Internet.

11.           AVAILABILITY

We cannot and do not promise that the Site or the Services will be uninterrupted, secure, or error-free.  We reserve the right to interrupt/suspend this Site or the Services, or any part thereof, with or without prior notice for any reason.

12.           ACCESS TO THE INTERNET

You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Site and the Services, and you shall be solely responsible for all charges and fees related thereto.

Please note that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered.  KinderCare is not liable for any damages related to communications to, or from, this Site or the Services.

13.           CURRENCY OF SITE

KinderCare cannot and does not guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site and the Services.  We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update this Site (including the KinderCare Materials) and the Services at any time, without prior notice to you.

14.           LINKS TO OTHER SITES AND SERVICES

This Site or the Services may contain links to outside services and resources, the availability and content of which KinderCare does not control.  The inclusion of these links does not imply that KinderCare monitors or endorses these sites.  We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites.  We do not assume any responsibility or liability for the actions, products, and content of these and any other websites.  Any concerns regarding any such services or resources should be directed to the service or resource.

15.           SECURITY

KinderCare makes no warranty whatsoever to you, express or implied, regarding the security of the Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Site.  KinderCare is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access.  You are required to notify us of any unauthorized use of the Services by using the contact information in the “Contact Information” section below.

Due to technical difficulties with the internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site or the Services.  Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site or the Services.  KinderCare recommends that you install appropriate anti-virus or other protective software.

KINDERCARE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR THE SERVICES OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THE SITE.

16.           SEVERABILITY/NO WAIVER

If any provision of these Terms of Use is found to be unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  KinderCare’ failure to enforce the strict performance of any provision of these Terms or the additional terms and conditions for any Service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms or the additional terms and conditions.

Sections 1 (DISPUTE RESOLUTION), 15 (SECURITY), 17 (DISCLAIMERS: SITE, SERVICES AND MATERIALS PROVIDED “AS-IS”), 18 (LIMITATION OF LIABILITY), 19 (INDEMNIFICATION), and 20 (TERM & TERMINATION) will survive any termination of expiry of these Terms of Use.

17.           DISCLAIMERS: SITE, SERVICES AND MATERIALS PROVIDED “AS-IS”

THIS SITE, THE SERVICES AND THE KINDERCARE MATERIALS ARE PROVIDED “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS,” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  KINDERCARE DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES, OR THE KINDERCARE MATERIALS WILL MEET YOUR REQUIREMENTS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KINDERCARE, OR THROUGH THE SITE SHALL CREATE ANY WARRANTY REGARDING THE SERVICES NOT EXPRESSLY STATED IN THESE TERMS.  YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SERVICES AND ITS CONTENT AND DATA MAY BE PROVIDED BY KINDERCARE FROM TIME TO TIME WITHIN THE SERVICES.

These Terms were written in English (US).  Any translated version is provided solely for your convenience using third party translation services such as Google Translate.  You understand and agree that KinderCare in no way controls or is responsible for any third-party product or service accessed through the Site.

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.  THE SITE IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY.  WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OF TRANSLATIONS OF THE SERVICES.  PLEASE SEEK INDEPENDENT TRANSLATION SERVICES TO VERIFY ANY INFORMATION ON WHICH YOU RELY.  NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, AN OFFICIAL AND VERIFIED TRANSLATION OF THE SERVICES.

WE DO NOT WARRANT THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT.  IF YOUR USE OF THE SERVICES, THE MATERIAL, OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

Content on the blog related to health, wellness, nutrition, child safety, or similar topics is provided for general informational purposes only and is not intended to be, and should not be taken as, medical or health advice, diagnosis, or treatment.  The blog should not be used as a substitute for the advice of a qualified healthcare professional who is familiar with your individual circumstances.  Always seek the advice of your physician or licensed healthcare provider with any questions you may have regarding a medical condition, health objectives, or before starting any new health, nutrition, or child safety program.  Never disregard professional advice or delay seeking it because of something you have read on the blog.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION PROVIDED, AND WE MAKE NO GUARANTEES REGARDING OUTCOMES. RELIANCE ON ANY INFORMATION ON THE BLOG IS SOLELY AT YOUR OWN RISK. REFERENCES TO, OR LINKS TO, THIRD-PARTY RESOURCES, PRODUCTS, OR SERVICES ARE PROVIDED FOR CONVENIENCE AND DO NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION.

Please note that some jurisdictions do not allow the disclaimer of certain representations or warranties, so the disclaimer in this Section 17 will apply to you to the extent permitted by applicable law.

18.           LIMITATION OF LIABILITY

YOU AGREE THAT NONE OF THE PROTECTED PARTIES (AS DEFINED BELOW) SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES.  IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY.  INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING PARAGRAPH AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, FOR ANY CLAIM, COST, DAMAGE, OR LOSS ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING FOR ANY WARRANTIES THAT MAY NOT BE EXCLUDED, SHALL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $10.00 (TEN DOLLARS) (USD) (THE “LIABILITY CAP”).

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages.  In such jurisdictions, our liability is limited to the greatest extent permitted by law.

19.           INDEMNIFICATION

You will defend, indemnify, and hold KinderCare, each third-party service provider, their respective affiliates, subsidiaries, and parent companies, and their respective officers, directors, employees, agents, information providers, and partners (collectively, the “Protected Parties”) harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to (a) your conduct with respect to the Services and/or (b) violation (or alleged violation) of these Terms by you or any other person accessing the Site or Services on your behalf.  Under no circumstance will KinderCare be liable for damages of any kind that result from your use of, or the inability to use, the Services.

Please note that some jurisdictions limit the extent to which a party may indemnify another.  As such, this provision will apply to you to the extent permitted by applicable law.

20.           TERM & TERMINATION

KinderCare may, from time to time, but is in no way obligated to, permit you to access and use this Site and the Services in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree (i) that access to this Site and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and (ii) that KinderCare shall not, in any event, be responsible to you in any way should you be unable to access this Site and the Services at any time or from time to time. We may terminate these Terms of Use for convenience with no notice to you.

Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Site and the Services.

21.           CHANGES

You are responsible for reviewing these Terms regularly.  KinderCare reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Services, these Terms, or any of our policies related to use of the Services.  We will not amend Section 1 (Dispute Resolution)  in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or Class Action Waiver in its entirety.  Revisions to these Terms or our policies may be provided through the Services, including by posting the revisions on the Services and updating the “Last Updated” date.  Such revisions will go into immediate effect once posted to the Services.  Continued use of the Services following such modifications to the Services, these Terms, additional terms and conditions for any service, or our other policies will constitute your acceptance of such modifications and revisions.

22.           MISCELLANEOUS

a.              Entire Agreement

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. 

b.             Headings.

The section headings used in these Terms shall not be given any legal import.

c.              Assignment

These Terms of Use are not assignable, transferable, or sublicensable by you except with KinderCare’ prior written consent.  KinderCare may assign its rights and duties under these Terms of Use at any time without notice to you.

d.             Waiver

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

23.           CONTACT INFORMATION

If you need to contact us regarding this Site, the Services or these Terms of Use, please reach out to us at privacy@kindercare.com.

Last Updated: September 22, 2026

This consumer health data privacy policy (“Consumer Health Data Privacy Policy” or “Policy”)outlines how KinderCare Learning Companies, Inc.™ and its affiliates including but not limited to KinderCare® Learning Centers, CCLC®, Champions®, Knowledge Beginnings®, The Grove School®, Cambridge Schools™, Rainbow Child Care Center, Crème de la Crème, and any other entity over which KinderCare Learning Companies, Inc.™ has control (collectively, “KinderCare,” “we,” “us” or “our”) handle Consumer Health Data in compliance with Washington’s My Health My Data Act (“MHMD”), Nevada’s Senate Bill 370 (“SB370”), the Connecticut Data Privacy Act (“CDPA”), and other applicable privacy regulations.

This Policy applies to residents of the Washington State, Nevada, Connecticut, and other individuals whose Consumer Health Data we collect in those states, consistent with the definition of “Consumer” in the applicable regulations.  “Consumer Health Data” in this Policy means personal information that is linked to, or reasonably linkable to, a consumer and that identifies the consumer’s past, present, or future physical or mental health status, diagnosis, or other similar terms, as defined under applicable heath data laws and regulations.  Consumer Health Data does not include personal health data regulated by the federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and related regulations.

This Policy does not apply to other types of personal information.  For more information on our collection or processing of personal information, please review our Privacy Policy.

1.              CONSUMER HEALTH DATA WE COLLECT

We may collect the following categories of personal information from you and about you, which may constitute Consumer Health Data if not excluded from the relevant consumer health data laws:

  • Information about health-related conditions, treatment, diseases, or diagnosis (for instance, we may ask you about your child’s physical conditions, limitations or allergies);
  • Social, psychological, behavioral, and medical interventions (for instance, we may ask you about your child’s participation in speech or occupational therapy);
  • Health-related surgeries or procedures (for instance, we may ask you about any procedures or surgeries which may impact your child’s participation in daily activities at our facilities);
  • Use or purchase of prescribed medication (for instance, we may ask you about your child’s use of EpiPen or other allergy medications);
  • Bodily functions, vital signs, symptoms, or measurements of health information (for instance, we may collect information about your child’s bodily temperature when suspecting an illness);
  • Other information that may be used to infer or derive data related to the above or other health information.

Consumer health data does not include publicly available information, deidentified data, or information that is already protected under certain federal and state laws, including but not limited to personal data defined as Protected Health Information under HIPAA, and Substance Use Disorder Patient Records (42 C.F.R. Part 2).

2.              Sources of Consumer Health Data

We collect the categories of Consumer Health Data listed above, online and offline, from the following sources:

  • Directly from you.  For example, we may collect information from you when you use our services or services, share a specific health condition with us, sign up for receiving communications from us, interact with us over the phone, online or in any other way.  This may include health-related information obtained indirectly from you, such as through body temperature sensors.
  • From your healthcare providers and therapists, who may share information about your child’s health with us at your direction and with your consent.

From websites, mobile applications, and automatically from devices you use to connect to our services.  This may include IP addresses, device identifiers, and information collected through cookies, pixels, tags, web beacons, and other tracking technologies that send us information when you browse, use, visit, or otherwise interact with our sites, applications and services.  For more information about this, please see our Privacy Policy, Terms of Use, and cookie policies specific to individual KinderCare websites and applications.  Please note that the mobile application is not owned or managed by KinderCare and, as such, is governed by the application provider’s separate terms. For more information about the mobile application, please see KinderCare’s Privacy Notice for Mobile App Users.

  • Our business partners and other third parties.
  • Those authorized to provide the information on your behalf such as a caregiver or authorized representative.

3.              How We Use Your Consumer Health Data

We may use Consumer Health Data as reasonably necessary in order to provide you with the products and services you have requested from us.  This may include using Consumer Health Data to communicate with you, to power our services, and to comply with law.  We may also use Consumer Health Data for other purposes, including:

  • To fulfill the purposes for which you provided the data or that were described when it was collected.
  • To respond to your questions and requests for information and provide you with customer service (for instance, to respond to your inquiries during the registration process about our ability to meet your child’s needs, as related to their health conditions).
  • To create, maintain, customize, and secure your profile or account information.
  • To provide you with promotional materials, such as information about the services, programs, or events that may be relevant to you.
  • To prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any activity that is illegal under state law or federal law; preserve the integrity or security of systems; or investigate, report, or prosecute those responsible for any such action that is illegal under state law or federal law.
  • To protect the confidentiality, integrity and accessibility of your Consumer Health Data.
  • To perform data analytics and quality control, including assessments of the quality and performance of our products and services and improving the safety and design of our products.
  • To perform research, product development, testing, and analysis, including to improve our website, products and services.
  • To conduct internal investigations and audits and to ensure appropriate recordkeeping.
  • To respond to law enforcement requests.
  • To comply with any applicable laws, regulations, court orders, and statutory requirements (including any internal policy based on or reflecting legal or regulatory guidance, codes, or opinions.
  • To exercise and defend our legal rights.
  • To protect your safety or the safety of others.
  • To evaluate or conduct a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which information held by us is among the assets transferred.

4.              How We DISLCOSE Your Consumer Health Data

We do not sell your Consumer Health Data.

We may share the categories of the Consumer Health Data listed in Section 1 of this Policy with select trusted parties in order to provide you with the products and services you requested from us, for any purpose for which you provided consent, or to comply with the law.  We may share the Consumer Health Data with the following categories of third parties:

  • Our affiliates, if sharing is needed for data processing or operational purposes.  For example, we may share data when transferring care to a related KinderCare facility or where we share common data systems with our affiliates, subsidiaries or related companies.  The affiliates with whom we may share consumer health data include KinderCare® Learning Centers, CCLC®, Champions®, Knowledge Beginnings®, The Grove School®, Cambridge Schools™, Rainbow Child Care Center, and any other entity over which KinderCare Learning Companies, Inc.™ has control.
  • Professional third-party service providers who assist us in processing claims, preventing fraud, and those that provide information security and technology programs.  This may include insurance providers, claims adjusters (in connection with the warranty claims), IT service providers, e-commerce vendors, and analytics service providers, where enabling access to data helps us provide our services and operate our business.
  • Government, regulatory, and law enforcement agencies, if required by law.
  • Parties to litigation.

We may also disclose consumer health data as permitted by applicable law, including:

  • With your consent.
  • To prevent, detect, protect from, or respond to security incidents, identity theft, fraud, harassment, or malicious or deceptive activities.
  • To our processors, i.e., third-party entities that process Consumer Health Data on our behalf in a manner consistent with the purpose for which consumer health data was collected.
  • To a third party with whom you have a direct relationship for the purpose of providing a product or service requested by you, in circumstances where we maintain control and ownership of the data and the third party only uses the data at our direction for the purpose for which the data was collected or to which you consented.
  • To a third party engaged in a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets.
  • To investigate, report, or take legal action to protect our rights, property, and safety and the rights, property, and safety of others.  This may include sharing with KinderCare lawyers, auditors, and consultants, as well as authorized legal representatives, family members, and anyone you authorize.
  • To protect your or others’ vital interests, including health and safety.

5.              Data Security

We implement reasonable security measures to protect your Consumer Health Data from unauthorized access, use, or disclosure.  However, while we strive to protect your data, no method of electronic transmission or storage is completely secure.

6.              Your Rights

To the extent afforded to you under MHMD, SB370, and CDPA, we will honor the following rights regarding your health data as a Consumer:

  • Access: You have the right to request access the Consumer Health Data we hold about you.  You have the right to confirm whether we are collecting, sharing or selling your Consumer Health Data and to access such data, including:
    • a list of all third parties and affiliates with whom we have shared your Consumer Health Data; and
    • the email addresses or other online method to contact those third parties and affiliates.
  • Correction: You can request corrections to any inaccurate or incomplete Consumer Health Data.
  • Withdraw Consent: You may withdraw your consent from our collection and sharing of your Consumer Health Data at any time.
  • Deletion: You may request the deletion of your health data, subject to any legal and contractual obligations we have to retain it.
  • We will not discriminate against you for exercising any of the above rights.  We will not attempt to re-identify any data that was previously deidentified.
  • Please note that these specific rights will not apply to any data that is exempt from consumer health data laws – for example, the Washington My Health My Data Act does not apply to deidentified data, publicly available information, or information that is protected by certain other privacy laws, such as HIPAA.

7.              EXERCISING Your Rights

a.              Submitting Your Request

To exercise these rights, please submit a request by emailing us at privacy@kindercare.com.  Depending on the nature of your request, we may require identification verification before granting any request to access, withdraw consent, or delete your Consumer Health Data.  We take special precautions to help ensure the security of your information when processing requests.  We cannot respond to your request or provide you with Consumer Health Data if we cannot verify your identity or authority to make the request and confirm that the Consumer Health Data relates to you.  We will only use Consumer Health Data collected in connection with a verifiable consumer request to verify the requestor’s identity or authority to make the request.

b.             Our Response to Your Request

We will respond to your request within 45 days of its receipt. If we require more time (up to a total of ninety (90) days), we will inform you of the reason and the extension period in writing.  If we are unable to authenticate your request to exercise consumer rights using commercially reasonable efforts, we are not required to comply and we may request additional information from you.  We may need to turn down deletion requests if state or federal laws or regulations require that we maintain the particular kind of information you requested us to delete.

You are entitled to receive information in response to your request free of charge, up to twice per year.  In case of requests that are manifestly unfounded, excessive, or repetitive, we may charge a reasonable fee to cover the administrative costs of complying with the request or decline to act on the request.

c.              Appeal Process

If your request to exercise a right under MHMD, SB370, or CDPA is denied, you may appeal that decision by contacting us at privacy@kindercare.com.  If your appeal is unsuccessful, you may raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint, the Nevada State Attorney General at https://ag.nv.gov/Complaints/CSU_Complaints___FAQ/, or the Connecticut State Attorney General at https://portal.ct.gov/AG/Common/Complaint-Form-Landing-page.

8.              Changes to This Policy

We may update this Consumer Health Data Privacy Policy from time to time to reflect changes in our practices or legal requirements.  Any updates will be posted on our website with an updated effective date.  We encourage you to review this Policy periodically.

9.              Contact Us

If you have any questions or concerns about this Consumer Health Data Privacy Policy or how we handle your Consumer Health Data, please contact us at privacy@kindercare.com.

Last Updated: September 22, 2026

1.              Overview

This Employee and Contractor Privacy Policy (the “Privacy Policy”) contains the policies and procedures to be followed by KinderCare Learning Companies, Inc. and its affiliates including but not limited to KinderCare® Learning Centers, CCLC®, Champions®, Knowledge Beginnings®, The Grove School®, Cambridge Schools™, Rainbow Child Care Center, and any other entity over which KinderCare Learning Companies, Inc.™ has control (the “Company,” “KinderCare,” “we,” “us,” or “our”) related to the collection and use of personal information of a Company employee, officer or director (“Employee”), or a Contractor in the United States, (collectively referred to this in Privacy Policy as the “Employee/Contractor,” “you,” or “your”).  Note: A “Contractor” is a non-employee who performs services for KinderCare and is not employed by the Company.  Certain sections of this Privacy Policy, such as provisions related to Employee benefits, will not apply to Contractors.

KinderCare wants you to understand how and why we collect “Personal Information,” which includes any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Applicant/Employee/Contractor. 

KinderCare is committed to protecting the privacy of all of our Employees/Contractors, and we take administrative, technical, and physical safeguards to protect your Personal Information from unauthorized access, misuse, accidental loss, or alteration.  However, except as otherwise provided under applicable law, Employees/Contractors should have no expectation of privacy when using technology provided by KinderCare or whenever accessing KinderCare technology resources or information.

California Residents.  If you are a resident of California, please see the attached California Privacy Notice Addendum for a full list of the disclosures and rights available to you under California law.

2.              Notice of Employee Monitoring

We may monitor telephonic and electronic conversations or transmissions, including e-mail and internet access, by Employees/Contractors conducted using our systems or devices.  This includes use of systems, computers, telephones, and other devices provided or maintained by the Company or by our service providers.  We may monitor these devices and services to ensure their safety, security, and efficiency, and to permit internal evaluations.

3.              What Information Do We Collect?

The following chart explains the categories of Personal Information that we may collect or process and the specific reasons for which we process each category of information. For more detailed information regarding why we process each category of information, please see the Purposes of Collection section, below.

Please note that we may not collect all categories of Personal Information about each Employee/Contractor.  For example, if the collection of Personal Information relates to a specific benefit that is not generally available to Employees, we would only collect that Personal Information from the Employees who are eligible for and enroll in the benefit.  Additionally, when we collect a category of Personal Information, we may not collect each specific example listed.

CategoriesExamples

Purposes for Collection
A. Identifiers  A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiersAdminister the Employee/Contractor Relationship Comply with Legal Obligations Facilitate Communications and Efficiency Provide Benefits Ensure the Safety of Employees, Contractors, Facilities, and Property Ensure the Security of Our Systems
B. Personal Information, generally (this category may overlap with other categories)  A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information Some Personal Information included in this category may overlap with other categories  Administer the Employee/Contractor Relationship Comply with Legal Obligations Facilitate Communications and Efficiency Provide Benefits Ensure the Safety of Employees, Contractors, Facilities, and Property Ensure the Security of Our Systems
C. Protected classification characteristics under California or federal law  Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information)  Administer the Employee/Contractor Relationship Comply with Legal Obligations Facilitate Communications and Efficiency Provide Benefits Ensure the Safety of Employees, Contractors, Facilities, and Property
D. Commercial information  Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies  Facilitate Communications and Efficiency Provide Benefits
E. Biometric information  Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data  Administer the Employee/Contractor Relationship Provide Benefits Ensure the Safety of Employees, Contractors, Facilities, and Property
F. Internet or other similar network activity  Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement  Facilitate Communications and Efficiency Provide Benefits Ensure the Security of Our Systems
G. Geolocation data  Physical location or movements  Facilitate Communications and Efficiency Provide Benefits Ensure the Safety of Employees, Contractors, Facilities, and Property
H. Sensory data  Audio, electronic, visual, thermal, olfactory, or similar information  Administer the Employee/Contractor Relationship Comply with Legal Obligations Facilitate Communications and Efficiency Provide Benefits Ensure the Safety of Employees, Contractors, Facilities, and Property
I. Professional or employment-related information  Current or past job history or performance evaluations  Administer the Employee/Contractor Relationship Comply with Legal Obligations Ensure the Safety of Employees, Contractors, Facilities, and Property
J. Non-public education informationEducation records and transcriptsAdminister the Employee Relationship Comply with Legal Obligations Ensure the Safety of Employees, Contractors, Facilities, and Property
K. Inferences drawn of the consumer  Inferences drawn from Personal Information identified above to create a profile about a consumer reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes  Facilitate Communications and Efficiency Provide Benefits
L. Sensitive Personal InformationPersonal Information that reveals (a) Social Security, driver’s license, state identification card, or passport number; (b) account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credential allowing access to an account; (c) precise geolocation; (d) racial or ethnic origin, religious, or philosophical beliefs, or union membership; (e) political opinions; or (f) the contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication Biometric information processed for the purpose of uniquely identifying a consumer, Personal Information collected and analyzed concerning a consumer’s health, sex life, or sexual orientation. Some Sensitive Personal Information included in this category may overlap with other categoriesAdminister the Employee/Contractor Relationship Provide Benefits Ensure the Safety of Employees, Contractors, Facilities, and Property

4.              Purposes of Collection

a.              Administering the Employment/Contractor Relationship

We keep and process Personal Information for traditional employment and contractor engagement purposes.  We use this information for management and administrative uses and only disclose it with others who have a need-to-know such information.  We keep and use it to enable us to run the business and manage our relationship with you effectively, lawfully and appropriately, during the recruitment process, while you are working for us, and after your employment or contract has ended.  This includes using Personal Information to enable us to comply with any legal requirements associated with an employee or contractor relationship, to administer payroll, to provide you with benefits, ensure your safety, comply with an employment or service contract, and to demonstrate our commitment to equal employment opportunity and fair employment practices. 

b.             Compliance with Legal Obligations

In certain situations, we may need to collect and process your Personal Information to comply with our legal obligations.  This may include:

  • Tracking demographic information to confirm compliance with equal opportunity and non-discrimination policies and requirements;
  • Processing information relating to your health, which could include reasons for absence and doctor’s reports and notes, in order to comply with our obligations under applicable employment and safety and health laws;
  • Processing information regarding certifications and qualifications for your role or position;
  • Processing information regarding participation in employment related activities about which we are required to retain a record; and/or
  • Processing information relevant to any alleged violations of the Code of Conduct or other Company policies necessary to investigate allegations and institute disciplinary action as is required.

c.              Facilitate Communications and Efficiency

The Company uses various tools and platforms that allow Employees/Contractors to more easily communicate with each other and to more efficiently access and disclose various types of work product and schedules.  Some tools may also allow Employees/Contractors to disclose information via social media or other channels, including information relating to job opportunities.

These tools and platforms may collect and disclose contact information and company profile pictures; log certain preferences and actions; collect your geolocation; and create user profiles that allow Employees and the Company to track their efficiency and performance.  We may also have access to communications sent using Company systems and devices.

d.             Provide Benefits

We offer Employees a variety of benefits, including benefits related to healthcare, retirement savings, and the ability to order goods and services directly from the Company.  If Employees take advantage of other benefits, such as fitness-related benefits, we may also collect additional biometric and sensory information.  When you participate in certain benefits programs, we may also generate a log of your activity, track internet and other network activity, and develop a user profile to provide those programs to you in a manner tailored to your preferences.

All benefits may not be available to all Employees, and the Company will only collect Personal Information to provide a benefit if the Employee is eligible for and enrolled in that benefit.  Employees should take care to read the specific terms applicable to any particular mobile application or benefits program to understand the specific pieces of information collected.

e.              Ensure the Safety of Employees, Contractors, Facilities, and Property

We collect various categories of information to ensure the safety of Employees/Contractors, facilities and property.  This information helps verify the identity of Employees/Contractors in specific facilities and ensure the security of facilities and Company vehicles.  Additionally, we may process certain categories of Personal Information to ensure the safety and security of our electronic systems and devices.  This includes monitoring our systems for suspicious or fraudulent activity and other forms of illegal conduct.  This monitoring is critical to ensure the safety and security of our systems and the confidential information that is entrusted to us.

5.              Disposal of Personal Information

We take appropriate measures to ensure that your Personal Information is processed and disposed of in a manner that maintains its confidentiality.  All Personal Information disposal procedures, including the disposal of computerized data storage devices, are designed to ensure the complete destruction of Personal Information and eliminate the risk of subsequent unauthorized access or disclosure.

6.              Updates to the Privacy Policy

This Privacy Policy is subject to occasional revision, and if we make any material changes in the categories of information we collect or the reasons we collect that information, we will notify you by sending you an e-mail and/or by prominently posting notice of the changes.  This Privacy Policy will also be posted to Legal Information | KinderCare.  You can review or consult the Privacy Policy at any time. 

The Company may be subject to certain laws and regulations relating to privacy and information security in more than one jurisdiction in which Employees/Contractors reside.  If any term, covenant, condition, or provision of this Privacy Policy is held by a court of competent jurisdiction to be invalid, void, or unenforceable, it is the intent of this Privacy Policy that the scope of the rights and obligations of the Privacy Policy be reduced only for the affected jurisdiction and only to the extent deemed necessary under the laws of the local jurisdiction to render the provision reasonable and enforceable and the remainder of the provisions of the Privacy Policy statement will in no way be affected, impaired, or invalidated as a result.

7.              Contact Us with Questions

If you have questions regarding this Privacy Policy, please contact us at privacy@kindercare.com.

California Privacy Notice Addendum

This California Privacy Notice Addendum (“California Addendum”) applies to Employees, and Contractors that are residents of the state of California.  This California Addendum supplements our Employee and Contractor Privacy Policy (“Privacy Policy” or “this Policy”).  Words reused in this California Addendum shall be interpreted as defined by the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq., as amended by the California Privacy Rights Act, and implementing regulations (collectively, the “CCPA”). 

This California Addendum will provide you with a summary of the categories of information we collect, the reasons that we collect each category of information, information regarding how we may disclose your Personal Information with third parties, and information regarding your rights under the CCPA 

1.              PERSONAL Information WE COLLECT

In the preceding 12 months, we have collected the categories of Personal Information identified above in the Employee and Contractor Privacy Policy.  We collect the majority of the information directly from you, through the applications or forms you submit and the information you provide at the time of hiring.  In addition to the information that you provide to us, we may collect information about you from third parties, such as information from third parties that provide accreditation, educational institutions, benefits providers, and vendors that provide background checks or related information.  Finally, we may automatically collect, store, or otherwise process information about you as you use our tools, systems, or resources, or when you are on-site at one of our locations.

2.              How Your Personal Information Is Disclosed

In the preceding 12 months, we have disclosed the following categories of employment related personal information, as set forth in further details in the “What PERSONAL Information Do We Collect” section of this Privacy Policy, with service providers, who are necessary for facilitating the employment relationship and providing you with benefits:

  • A (Identifiers), B (Personal), C (Classification), D (Commercial), F (Internet), I (Professional), L (Sensitive).

Where necessary, we enter into written contracts with our service providers to ensure the privacy and security of your Personal Information.  Under these contracts, we restrict the access to and processing of your Personal Information to that which is necessary for the purpose of the disclosure.

In certain circumstances, we may provide you with opportunities to sign up for certain benefits programs that involve the disclosure of your Personal Information to third party benefits providers.  Any such program will be purely optional and based on your opt-in participation.

In the preceding 12 months, we have not “shared” or “sold” employment related Personal Information to third parties as those terms are defined by the CCPA.

We do not collect, process, or disclose sensitive Personal Information, as defined under the CCPA, for purposes other than those specified in Section 7027 of the CCPA regulations.

3.              Individual Rights

The CCPA provides residents of California with a series of rights regarding the processing of their Personal Information. This section explains the scope of these rights and outlines how you may exercise them.

f.               Right to Know About Personal Information Collected, Disclosed, Shared, or Sold

You have the right to know whether we are processing your Personal Information and to request that we disclose the Personal Information we collect, use, and disclose to third parties.  There are two types of Rights to Know requests that you can make: an Abbreviated Request and a Specific Information Request.

If you make a Right to Know request (Abbreviated Request), you will receive the following information about you:

  • Categories of Personal Information collected, sold, or shared;
  • Categories of sources from which Personal Information is collected;
  • Categories of third parties to whom the information is sold, shared or disclosed;
  • Business or commercial purpose for collecting, sharing, or selling Personal Information;
  • Categories of Personal Information disclosed for a business purpose and categories of persons to whom it was disclosed for a business purpose.

If you make a Right to Know request (Specific Pieces of Information Request), you will receive the following information about you:

  • Specific pieces of Personal Information Collected About You.

We will provide this information to you free of charge, unless we determine that your request is manifestly unfounded or excessive.  You may request this information twice in a 12-month period.

We will provide this information to you in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data without hindrance.

There are certain exceptions to the Right to Know.  We will state in our response if an exception applies.

g.              Right of Deletion

You have the right to request that we and our service providers delete personal that we have collected about you by submitting a verifiable request.  This right is subject to certain exceptions and does not require us to delete information that we are otherwise required to hold under applicable laws.  We will state in our response if an exception applies.

h.             Right to Opt-Out of the Sale or Sharing of Personal Information

You have the right to opt-out of the “sale” or “sharing” of your Personal Information by a business subject to certain laws and regulations.  We do not sell or share information that we collect or process about you in your capacity as an Employee or Contractor. 

To the extent you interact with the Company outside of your capacity as an Employee or Contractor, please see our separate Privacy Policy.

i.               Right of Correction

You have the right to request that we correct inaccuracies in any Personal Information that we collect or process about you upon receipt of a verifiable request. When submitting a correction request, we request that you provide all of the information reasonably necessary to confirm that the accuracy of the correction request. This right is subject to certain exceptions. We will state in our response if an exception applies.

j.               Right to Limit Use and Disclosure of Sensitive Personal Information

You have the right to request that we limit the use and disclosure of your Sensitive Personal Information to only those purposes specifically authorized under California law.  At this time, we do not process or disclose your Sensitive Personal Information for purposes that are not specifically authorized under California law.  Should this change, we will notify you and provide you with an opportunity to limit our processing of your Sensitive Personal Information.

k.             Right to Non-Discrimination

We will not retaliate against any employee, applicant for employment, or independent contractor for exercising your rights under the CCPA. Additionally, we will not discriminate against you by: denying goods or services to you; charging different prices or rates for benefits, goods, or services, including through the use of discounts or other benefits or imposing penalties; providing a different level of quality of goods or services to you; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services. 

l.               Submitting Requests

To submit a rights request, you may email us at privacy@kindercare.com or contact us by phone at toll free at 1-833-KCE-PRIV (1-833-523-7748).

We will provide responses to your requests free of charge unless exclusions apply, which we will identify in our response.

m.            Verifying Requests

To ensure the protection of your Personal Information, we must verify that the individual submitting a request to know, request to delete, or request to correct is the applicant, contractor, or employee to whom the request relates prior to processing the request.  To verify your identity, we may request up to three pieces of Personal Information about you to compare against our records.

You will not be required to create an account with us to submit a verifiable request.  However, you may be required to access an existing account to the extent accessing the account is necessary.

We will only use Personal Information provided in your request to verify your identity and will delete any information you provide after processing the request, unless otherwise prohibited from doing so under applicable law.  We reserve the right to take additional steps as necessary to verify your identity where we have reason to believe a request is fraudulent.

n.             Authorized Agents

You may chose a person or business that you authorize to act on your behalf to submit your requests (“Authorized Agent”).  If you choose to use an Authorized Agent, we require that you provide the Authorized Agent with written permission to allow them to submit your request and that you verify your identity directly with us.  Failure to do so may result in us denying your request.