Privacy Policy | FamiKit

FAMIKIT - PRODUCTS AND SERVICES PRIVACY POLICY

This Products and Services Privacy Policy (Privacy Policy) describes how we use the information you provide when you use our products and services, and the choices you can make about our use of the information. We also describe the measures we take to protect the information and how you can contact us about our privacy practices.

In connection with specific products or services offered by FamiKit, you are provided with the agreements, terms of use, and statements that supplement this policy relating to data handling.

This policy may be changed because of changes in legislation, the requirements of the authorities or to reflect changes in our practices concerning the processing of personal data. The revised policy will be posted on our website and will be effective immediately upon being posted.

Summary

Generally, FamiKit processes two types of personal data in relation to the Service: your account and contact data, for which it is responsible (as Data Controller), and your User data, collected from your devices monitored associated to your User Accounts (“Monitored Devices”), for which you are responsible (as Data Controller), while FamiKit acts as Data Processor.

-Your account and contact data are used for managing our relationship with you, including activation, support, invoicing, and upselling.

-Your User and Monitored Devices information is processed on your behalf, for providing the parental control and monitoring services through the control panel.

You are solely responsible for the configuration and use of the parental control panel and the processing of personal data associated with your account which includes, among others, collecting, storing and analysing personal data from Users’ Monitored Devices. The FamiKit Service automatically deploys the configuration and the instructions given by you and you are solely responsible for the configuration of this control panel. You can change those configurations at your option and provide instructions to limit and/or erase any data collected.

You warrant that: (1) you have informed any Users that are 14 years old or more that the Monitored Devices used by them include a control and monitoring software and have obtained authorisation from such Users for this kind of activity or (2) there are rules in your country that exempt you from the aforementioned obligation of information and consent, or provides for a different age limit, in which case that age limit will apply. Both FamiKit and you agree to fully comply with this Privacy Policy.

1. Data controller and representative

Through its website (the “Website”) and its desktop applications and mobile applications (the “Application”), FamiKit implements the processing of personal data listed below.

Please read carefully the following privacy policy which provides you, as the user of the Website and/or Application (the “User” or “You”), with the relevant information regarding the various processing of personal data implemented by FamiKit.

2. Data processing implemented by FamiKit

We treat your personal data with strict confidentiality in accordance with applicable law. However, we shall disclose any information about you or your use of our Services: (i) in compliance with a legal obligation, (ii) in order to correctly deliver our Services or perform other obligations in accordance to the applicable regulations and rules set forth in the Terms, (iii) in the event of a sale or change of control of the Company for the purpose of appropriate due diligence actions; or (iv) to our service providers that provide us a service in relation to the data.

We require all third parties to respect the security of your personal data and to process it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process it data for specified purposes and in accordance with our instructions.

2.1 Processing of personal data related to your visit to our website and the purchase and use of our products

When the User visits to our Website, or purchases a FamiKit product through the Website or the Application, or use our products, FamiKit implements a processing of personal data as follows:

2.1.1 Personal data collected if you visit our websites

- Information we get from your visit to our websites. We collect information about how you visit our websites (including the webpage that led you to a FamiKit website, the search terms entered into a search engine which led you to a FamiKit website);

- Your operations and clicks to our websites;

Date and time of the visit and the duration of use of the websites.

2.1.2 Data we collect only if you submit it to us.

- Name;

- Gender;

- Age;

- Email address;

- Address;

- Country;

- Postal code;

- Phone number;

- Company name and industry you work for;

- Order information, such as the products you purchase, date and amount of the order;

- Payment information such as Credit card information (type, number, expiration date, CVV security code)/debit card information or other payment/billing information.

- Your product serial number;

- Content of customer support communications.

2.1.3 Data we collect if you use our Products

- Information we get from your use of our products. We usually collect information on the device which has installed FamiKit. We collect information about the products that you use and how you use them and your local device information, including but not limited to:

- Name;

- Your "monitored" device information;

- Operating system;

- User name;

- FamiKit ID;

- IP address;

- Operating log information;

- Crash reports;

- the information and format of the files you are working with;

- Location;

Specifically, FamiKit app collects location data to enable [Geofences], [Location History] and [Real-time Location] features even when the app is closed or not in use. We will ask for your additional consent to use these features in app. You need to read and agree to this location permission terms before using FamiKit:

-In the Location History feature, location data is used to know where your child has been.

-In the Geofence feature, location data is used to know the range of your child's location and notify you when entering or leaving the range.

-In the Real-time Location feature, Location data is used to know your child's current location.

-In the FamiKit Parent app, location permission is used to use your location as the default location on the map.

You are solely responsible for the configuration and use of the parental control panel and the processing of these data associated with your account from Users’ Monitored Devices. The FamiKit Service automatically deploys the configuration and the instructions given by you and you are solely responsible for the configuration of this control panel, FamiKit won't use these data collected.

2.1.4 Purpose and legal basis of the processing

FamiKit uses the information we collect about you for the following purposes:

In order for FamiKit to provide the User with the ordered product(s);

For the performance of a contract to which the User is party, in accordance with Article 6.1.b of the GDPR and the collected data are necessary in order for FamiKit to identify and bill the User and to charge its bank card number;

For Verifying your identity and Providing customer service or support;

Analyze your use of our websites and products to better understand how they are being used so we can improve our services and the user experience and engage and retain users.

2.1.5 Recipients of the personal data

We may also transmit your personal information with companies that help us to run our business by processing personal information on behalf of us for the purposes identified above. Such companies include providers of payment processing services, server services providers, data analysis services providers, fraud monitoring and prevention providers, email delivery service providers, social media, and other marketing platforms and service providers.

In addition, FamiKit may disclose the User’s personal data:

- if FamiKit is under a duty to disclose or share such personal data in order to comply with any legal obligation, or in order to protect the rights, property or safety of its business, its customers or others; and

- to successors in title or replacement operators of all or part of FamiKit’s respective businesses.

2.1.6 Transfer of personal data

The collected personal data may be transferred by FamiKit to recipients which are located outside the European Union and such destinations may not have laws which protect the User’s personal data to the same extent as in the European Union.

FamiKit ensures that the User’s personal data processed by FamiKit or by its suppliers and partners operating outside the European Union are treated securely and are protected against unauthorized access, loss or destruction, unlawful processing and any processing which is inconsistent with the purposes set out in this privacy policy.

Please find below the relevant information on transfer:

- FamiKit may transfer the collected information to third party payment processors to complete the charge process;

- FamiKit may transfer the collected information to providers of third party email delivery service to send promotion emails, or to other marketing platforms and service providers to complete relevant service;

- FamiKit may use third party track tools (such as Adwords, Bing, bugsplat, Criteo, disqus, fabric, Facebook, FireBase, Flurry, Google Analytics, Hotjar, LinkedIn, Pardot, Quora, JPUSH) to track the information on how users use the products and websites, such information will be stored in third party servers. Such third party track tools may send the data analysis report to FamiKit for FamiKit’s above mentioned purpose;

- FamiKit may store the collected information on the servers leased from providers of third party server service.

2.1.7 Duration of the storage

FamiKit will store the collected personal data for the duration of the contract and 60 days after the termination of the contract. Beyond this duration, in order for FamiKit to be able to demonstrate the existence of a right or a contract or a legal obligation, the relevant personal data will be stored through intermediary archives for a duration that will not exceed what is strictly necessary regarding the purpose of the storage and in accordance with the applicable legislation.

Regarding banking information, said information will be deleted once the payment has been processed and has become effective. Withdrawal time period could additionally apply. The number and the expiration date of the credit card number (not the CVV security code) could be stored through intermediary archives for evidence purposes in case of a claim regarding the payment, for the duration provided by Article L. 133-24 of the French Monetary and Financial Code (13 months or 15 months in case of deferred charge card).

2.2 Processing of personal data related to comments areas

When the User decides to comment a FamiKit product through the Website or the Application, FamiKit implements a processing of personal data as follows:

2.2.1 Personal data collected

Regarding this processing, FamiKit collects the following personal data:

- Email address;

- Name or nickname;

- profile photo;

- Other potential personal information provided by the User through its comment (age, location, etc.);

- The content of your comment.

2.2.2 Purpose and legal basis of the processing

This processing is implemented by FamiKit in order to improve its products and provide the consumers and potential consumers with a better and transparent information about the FamiKit products. Said comments and the related personal data are provided by the User on a voluntary basis so that the processing of the collected personal data relies on the User’s consent. FamiKit may use the comments (with your relevant information) you post for marketing purpose in order for others to better understand and use our products.

2.2.3 Recipients of the personal data

FamiKit may transmit the collected personal data to third party email delivery service providers, social media, other marketing platforms and service providers.

2.2.4 Transfer of personal data

The collected personal data are transferred by FamiKit to recipients which are located outside the European Union and such destinations may not have laws which protect the User’s personal data to the same extent as in the European Union.

Please find below the relevant information on transfer:

- FamiKit may transfer the collected information to providers of third party email delivery service to send promotion emails, to other marketing platforms and service providers to complete relevant service.

- FamiKit may store the collected information on the servers leased from providers of third party server service.

2.2.5 Duration of the storage

FamiKit will store the collected personal data for not more than 5 years after the collection.

2.3 Processing of personal data related to newsletters and advertising emails

The User may want to subscribe to FamiKit’s newsletter in order to be provided with information and news regarding FamiKit products. In this case, FamiKit implements a processing of personal data as follows:

2.3.1 Personal data collected

Regarding this processing, FamiKit only collects your provided information such as the User’s email address, name or nickname, country, preferred product, and your operation to the promotion emails.

2.3.2 Purpose and legal basis of the processing

FamiKit implements the processing of personal data in order to provide consumers and potential consumers with information and news regarding FamiKit products.

The subscription to FamiKit’s newsletter and the related provision of personal data is made on a voluntary basis so that the processing of the collected personal data relies on the User’s consent.

2.3.3 Recipients of the personal data

FamiKit may transmit the collected personal data to providers of email delivery service and other service providers such as data analysis providers and server providers.

2.3.4 Transfer of personal data

Please find below the relevant information on transfer:

- FamiKit may transfer the collected information to providers of email delivery service providers to send newsletters or promotion emails.

- FamiKit may store the collected information on the servers leased from providers of server service.

- FamiKit may use third party track tools (such as Google Analytics) to track the information on the user’s operation to the advertising emails, such information will be stored in third party servers. Such third party track tools may send the data analysis report to FamiKit for FamiKit’s above mentioned purpose.

2.3.5 Duration of the storage

FamiKit will store the collected personal data for 3 years from their collection or from the last contact from the User (whichever is later).

At the end of this 3 years period, FamiKit may contact the User in order to know if the User wishes to keep receiving commercial information from FamiKit. In case FamiKit would not receive any positive and explicit answer from the User, the personal data would be deleted or archived in accordance with the applicable legislation.

3. Data Security

We have adopted technical and organizational measures to preserve and protect your personal information from unauthorized use or access and from being altered, lost or misused, taking into account the technological state of art, the features of the information stored and the risks to which information is exposed. In case of a security breach, we will take the appropriate measure and will notify you electronically in a timely manner.

4. User’s rights

To the extent required by the law of your jurisdiction, you may have below rights. Before you exercise below rights, you may consult your legal counsel if the laws of your jurisdiction stipulate below rights.

Rights	Content
The right to be informed	The User has the right to be provided with clear, transparent and easily understandable information about how FamiKit collects and uses personal data and its rights. This is the reason why FamiKit is providing the User with the information in this privacy policy.
The right of access	The User has the right to obtain access to its personal data (if FamiKit is processing it), and other certain information (similar to that provided in this privacy policy).
The right to rectification	The User is entitled to have its personal data corrected if it’s inaccurate or incomplete.
The right to erasure	This ‘the right to be forgotten’ enables the User to request the deletion or removal of its personal data where there’s no compelling reason for FamiKit to keep using it. This is not a general right to erasure; there are exceptions.
The right to restrict processing	Under certain circumstances, the User has the rights to ‘block’ or suppress further use of its personal data.
The right to data portability	The User has the rights to receive its personal data provided to FamiKit in a structured, commonly used and machine readable format and has the right to transmit those data to another controller.
The right to object to processing	The User has the right to object, on grounds relating to its particular situation, at any time, to the processing of its personal data.
The right to lodge a complaint	The User has the right to lodge a complaint about the way FamiKit handles or processes its personal data with its national supervisory authority (in France, the CNIL).
The right to withdraw consent	If the user has given its consent for a specific processing of its personal data implemented by FamiKit, the User has the right to withdraw its consent at any time. In case the User does so, it does not mean that anything FamiKit has done with the User’s personal data with its consent up to that point is unlawful).
The right to define instructions	The User has the right to define general or specific instructions regarding storage, deletion and use of its personal data after death.

5. Revision of this Privacy Policy

Occasionally, we may change this privacy policy (or other documents related to privacy policy) to allow FamiKit to use or share your personal data in a different way. If we do, the links to the policy on our websites (which are generally found in the footer of the website) will indicate that the policy has been changed. For new users, the change will become effective upon posting. For existing users, if the change is significant, it will become effective 30 days after posting. We encourage you to periodically review the privacy policy for the latest information on our privacy practices.

6. Contacting FamiKit

If the User needs to contact FamiKit for any reason (including to exercise any of its rights in relation to data protection as set out above) please contact support@famikit.com.

FamiKit will act on the User’s requests and provide information free of charge, except where the requests are manifestly unfounded or excessive (in particular because of their repetitive nature) in which case FamiKit may charge a reasonable fee (taking into account the administrative costs of providing the information or communication, or taking the action requested), or refuse to act on the request.