Bayou AB (“Bayou”) provides the service Tyra (“Tyra”). Tyra is a tool designed for use in preschools (the “School”) and parents to children in the School. The School can communicate
information through the application to the parents and compile necessary data about the children (the “Service”). Since the School has entered into an agreement with Bayou about the use of Tyra, you as a parent have the opportunity to access the Service.
By installing or using the Service, you as a parent enter into a binding legal agreement with
Bayou regarding the use of Tyra. The general terms and conditions stated below (the “Terms”) applies at installation and usage of the Service. Please read through the Terms carefully before accepting them and starting the use of the Service.
By accepting the Terms you get a right to use the software that the application consists of in accordance with these Terms. If you do not comply with the Terms Bayou reserves the right to withdraw your right to use the Service.
All rights, not explicitly granted to you under these Terms in its current or
additional wording, are retained by Bayou. The material contained in the application may be protected as intellectual property and eventually belong to a third party. These Terms do not entitle anyone to use such material.
Your right to use Tyra requires that the School has entered into an agreement with
Bayou. If the agreement between the School and Bayou is terminated your right to use Tyra will cease.
The license signed by the School implies a right to download, install, create a user, and use Tyra on a mobile phone, touchpad or other intended device (below
referred to as “Devices”). You may not attempt to copy, decompile, deconstruct, disassemble, derive the code, decrypt, modify, or create derived products wholly or in part based on the software in the application or on the services therein, except from what is stated in mandatory legislation, these Terms and/or licensing terms regarding any components based on open source
You may not use the Service in an illegal manner, thus you agree to comply with all applicable legislations, rules and guidelines e.g. the Swedish Personal Data Act, GDPR and copyright law.
You may not publish content that is discriminatory, illegal, humiliating or constitutes an infringement of the rights of others. Further you may not use Tyra in a way that implies defamation, bullying, persecution or violation of dignity of another person.
The child’s parents, legal guardians or other users are to monitor the child’s use of the application.
If you use Tyra in a way that violates these Terms or in any other way misuse Tyra, Bayou has the right to unilaterally cancel your account and block you from future usage of Tyra. Also, Bayou may choose to remove, edit, block or in another way handle such content as Bayou considers to be in violation of these Terms.
You are aware of, and agree to, that Tyra is provided “as is”. Unless required by mandatory legislation, Bayou takes no responsibility for any personal injury, direct or indirect damage, or consequential loss if not due to Bayou or any other circumstances that is within Bayou’s control.
You undertake to defend and hold Bayou harmless from any and all third party claims (including but not limited to reasonable legal costs) arising out of, or in connection with, your breach of the Terms or any law, regulation or third party’s right.
The School is responsible for your, and your child’s, personal data when these are collected by the School or when you as a parent submit the information through Tyra to the School. As a controller, the School is responsible for the protection of your, and your child’s, personal integrity in accordance with Regulation (EU) 2016/679 of the European
Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free flow of such data, and repealing Directive 95/46/EC (”General Data Protection Regulation”), and from time to time applicable laws and regulations in force. As a result, the School in its capacity as a controller, is obliged to clarify to you as a parent that your, and your child’s, personal data is collected, which personal data is stored, the purpose of the storage and what the data is utilised for.
Bayou is the processor of personal data to the School. As a processor Bayou may only process the personal data as specified in the agreement entered between Bayou and the School, and only in accordance with the instructions on processing of personal provided by the School to Bayou. The personal data processed or stored in connection with the registration and use of Tyra are, [name, address, personal identity number, allergies, absence, images and other personal data provided in Tyra regarding the preschool children, their parents, other related persons and staff at the School.]
The purpose of the collection and processing of personal data in Tyra is that you, as a parent, can register as a user and be able to access and use the Service as intended.
Bayou may only process your, and your child’s, personal data for that purpose and only for the time necessary in order for you to be able to use the Service.
Bayou shall at the request of the School or you as a parent provide documentation of the processing of the personal data. You as a parent have the right to request erasure of the
information or rectification of incorrect information directly from Bayou. If you as a parent wish to receive information about the personal data processed by Bayou on behalf of the School or request rectification of data, such a request shall be made in writing to the
School or directly to Bayou and shall contain details of your name, personal identity number, address and be signed by you. If you want to pose the request directly to Bayou, this shall be sent to: Bayou, Stortorget 27, 211 34 Malmö or via email to hello@tyra.io
Bayou has given the School sufficient guarantees to implement appropriate technical and organisational measures in such way that the processing of personal data meets the requirements of the General Data Protection Regulation or other applicable regulations and to ensure that your, and your child’s, rights are protected.
Bayou stores data regarding you as a user in a way that ensures that current rules on processing of personal data are complied with, and that the data is stored in a safe way.
Bayou uses Elastx for IT operations by Tyra. Elastx meets EU requirements for processing of personal data. If Elastx fails to comply with EU requirements for processing of personal data, Bayou has the right to hire another subcontractor to ensure that personal data is handled with an adequate level of protection and in accordance with law.
Bayou undertakes to ensure that every person who carries out work for Bayou and who gets access to personal data only process these on instructions from the School, unless in conflict with law. Bayou does not own the right to use personal data in Tyra for its own purposes. Bayou shall comply with the instructions issued by the School regarding the processing of personal data in Tyra, provided that these are not in conflict with law. Bayou shall immediately inform the School if it considers an instruction from the School to be in conflict with law, and await further instructions from the School. Bayou shall on request assist the School when the School is to fulfil its obligations under law, e.g. those obligations arising from Chapter 3, and Articles 32-36 of the data protection regulation.
Bayou undertakes, taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying
likelihood and severity of the rights and freedoms of natural persons posed by the processing, to implement appropriate technical and organisational measures in order to ensure a level of security appropriate to the risk, including, where appropriate;
pseudonymisation and encryption of personal data (e.g. your personal data will be anonymised or pseudonymised when you delete your account, but the data still needs to be processed due to a connection to your child),
the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services,
the ability to restore the availability and access of personal data by reversing Tyra to one version back in time, in the event of a physical or technical incident within Bayou’s control, a process for regularly testing, assessing and evaluating the effectiveness of the technical and organisational measures to ensure the security of the processing.
If a child and/or a user linked to the child, has no connection for a period of more than six months, Bayou reserves the right to delete the profile.
In the event that the School terminates the agreement, Bayou can export all data in Tyra to the School. When Bayou ceases the processing of your, and your child’s, personal data on behalf of the School, Bayou shall destroy and erase any personal data related to the agreement entered into by Bayou and the School. In the event that a child is to be erased
in Tyra, there is a possibility to export data through functions in Tyra before deleting the profile.
After Bayou’s agreement with the School is terminated by either party or for any other reason ceases to be valid, Bayou’s right to process or in any other way use personal data belonging to the School shall also ceases. Bayou will then, no later than 30 days after the termination of the agreement, delete all personal data that has been processed for the account of the School. Thus, Bayou does not own the right to save any personal data about you or your child (unless storage of personal data is required according to national or Union law or the supplier has a legal basis to process the relevant personal data).
By taking part of these Terms, you acknowledge that Bayou may use the registered data, mailing addresses, and e-mail addresses for the distribution of information that is relevant to the use of products and services under these Terms or the use of other Bayou products. Bayou may also use the information to send out questionnaires to you in the purpose of developing Tyra in the best possible way.
Bayou reserves the right at any time, without responsibility or liability for damages, to update, upgrade, modify, temporarily restrict or close down Tyra or your access to Tyra. This can e.g. occur if you withdraw your consent to processing of personal data.
These Terms can be unilaterally changed by Bayou by giving you a clear message thereto through Tyra. In the event that you agree to the new Terms or continue to use Tyra after having accessed such changed Terms you are deemed to have accepted this. Otherwise you shall uninstall Tyra from all Devices.
The Terms also apply to all upcoming updates of Tyra provided by Bayou and which supersedes and/or constitutes addendum to Tyra, as long as and to the extent this is not covered by a separate agreement.
Any dispute arising between the parties shall be settled in general court with Malmö District Court as the first instance and with the application of Swedish law.