Family Zone Legal Information

Legal Documents

Family Zone Cyber Safety Limited Privacy Policy Abridged Privacy Policy for Personal Accounts Advertising & Marketing Policy End User Policy Privacy Policy for Children Customer Terms Agreement Cyber Expert Terms Customer Detail & Security Vulnerability Disclosure Policy

Family Zone Cyber Safety Limited Privacy Policy

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Our agreement

Our business involves advertising, marketing and the provision of online safety technology, content and advice (our “products”) to you (the” account holder”) and the persons associated with your account (the “end-users”). We provide products under an agreement with you (the “Customer Terms” which is accessible on our website) and our Customer Policies, which include this Privacy Policy.

Our Privacy Policy is an agreement between you, the account holder and the owner of your information and us. If your account was created and/or paid for by another party (such as a school) then you are still the account holder and these arrangements are between you and us.

Our Privacy Policy applies whether you have purchased products from us directly or through resellers and if you download and use our products.

In addition to this Privacy Policy we comply with relevant privacy and data protection regulations across the world and we voluntarily sign-up to various pledges, data protection agreements and the like. These are outlined below.

If you do not accept our privacy policy then you should not use our products.

Information and ownership

In the course of our business we may collect information from and about you, your end-users and the use of our products.

This Privacy Policy describes how we collect, store, use and distribute this information. It also sets out your options which include how you can avoid capture of certain information and how you can access and update certain information.

Your privacy is of critical importance to us. We collect and use data strictly in accordance with best practices and relevant laws. We collect the minimum information necessary and retain your data only for as long as is necessary to provide our products, or until you tell us to delete it. Your data is never sold to third parties.

With respect the information we collect, generally speaking:

Data that relates to or identifies you or your end-users is owned by you;
User content such as content submitted by you into forms or surveys is owned by you;
Data associated with your use of our products is owned by us; and
Data which cannot reasonably be attributed to you or an end-user (through de-identification) is owned by us.

You have the right to know what we collect and have collected about you. You have the right to opt-out of providing us information and you have the right to request its removal. We may however not be able to provide you with our products in these circumstances.

End Users and consent

Our products may be used by you to monitor and filter the activity of End Users such as students (at a school), your children, guests on your network, your staff or you.

We provide our products to you under our agreement with you. You are responsible for informing your End Users and obtaining necessary consents from them or their parents/guardians with respect to the application of our products and with respect to our collection, use and disclosure of information associated with them in accordance with this Privacy Policy.

In providing our products to school clients we will collect personally identifiable information with respect to students, their parents and guardians and school staff (“School Data”).

We appreciate that schools have unique circumstances and specific obligations with respect to privacy and in particular in relation to information associated with students.

If you are a school account holder, this section applies to you.

For schools in the United States

Our role in USA schools

As a provider of cyber safety products to schools in the United States we act as a school official, operating under your direction and control. In this capacity, we have a legitimate educational interest in the collection, use, disclosure, and retention of information with respect to your students and staff.

Regulations & Pledges

We are committed to complying with the Family Education Rights and Privacy Act (“FERPA”), the Children’s Online Privacy Protection Act (“COPPA”) and the UK/EU General Data Protection Regulations (“GDPR”) in all applicable respects with regards to the collection, use, disclosure, and retention of School PII.

We have also taken the Student Privacy Pledge introduced by the Future of Privacy Forum (FPF) and The Software & Information Industry Association (SIIA).

For Schools in New York

We confirm that we comply with the applicable state law and regulations, including Education Law section 2-d and its implementing regulations at Part 121, and the “bill of rights” required therein. We will train all employees with access to your data on the requirements of state and federal law governing the confidentiality of such data. We will require all subcontractors to comply with the terms of this Privacy Policy, including its terms on data breach.

For Schools in California

Our Agreement and this Privacy Policy meet the requirements under California Education Code § 49073.1 and all other applicable state privacy laws.

For schools in the United Kingdom and European Union

Our role in UK and EU schools

For customers within the United Kingdom and the European Union, with respect to the GDPR, we act in the capacity of a data processor and you are the data controller with respect to any data captured, used and disclosed by us. These terms are defined in GDPR.

Other specific terms for schools

Consents from parents, students and staff

On your behalf we monitor, filter activity and capture, use and disclose School Data with respect to your End Users. We require you to obtain and maintain all necessary consents from these parties, in accordance with your local regulations (e.g. as required by COPPA in the US).

Extended data storage

By default, we store school Cyber Safety Data for 12 months however you may request us to extend that period. Where you do so, and where we can do so, then you acknowledge that you are responsible and agree to indemnify us and hold us harmless whatsoever, for any implications under relevant privacy laws in relation to the duration of storage of personally identifiable information; and you undertake to reflect your policy with respect to the duration of storage of personally identifiable information in your privacy policy and to communicate this to your End Users and their parents.

Safety & security incidents

You may subscribe to advanced cyber safety and security technology from us which monitors end-user activity for the purpose of identifying or recording concerning activity. You are responsible for the efficacy and disclosure of your use of such services to affected parties. Information collected by us using these advanced services is treated as Cyber Safety Data in accordance with this privacy policy. Where disclosures of harm are identified our End User Policy applies.

Marketing to Parents and Children

We will not directly market our products or offers to parents/guardians associated with your end-users without your permission unless we have permission from them or another legitimate source. We will not knowingly market to students or engage in targeted advertising. We will also not engage in targeted advertising on any site based on information we receive through our agreement. We will not use information gathered through our agreement to amass a profile about a student except in furtherance of the purposes of our agreement with you.

Review, Correction or Removal of Data

We only accept requests to review, change or remove School Data from our main contacts with you and your identified administrators. Parents or legal guardians who request changes to or removal of School Data should go through you.

School Community Products

Our products permit you to refer parents / guardians to us to create personal accounts with us. When doing so, you are obliged to have or obtain consent from them before taking this action.

Our products provide you and the parents/guardians of your students to share information on school calendars and student use of and access to the internet and devices. We call this the School Community feature. Such data is considered by us Cyber Safety Data and is subject to our privacy policy.

For the purpose of clarity, Cyber Safety Data collected during the application of school policies is owned by the school (not the associated parent) and is subject to our agreement with you.

Sharing of safety data is subject to an opt-in by each party, which can be revoked at any time.

Messaging Services for Schools

Our products permit the exchange of messages between End Users eg between teachers and students. Messaging services are provided under our arrangement with you (the “account holder”). You are required to obtain and maintain required parental/guardian consent.

Unless agreed with you otherwise:

Users cannot delete messaging content. We will retain messaging content under the same arrangements agreed with you for Cyber Safety Data or otherwise as agreed with you or until you ask us to delete it.
Messaging content exchanged between students and teachers is private to the student and you. We will not share it with other End Users or other parties (eg parents) unless permitted by you.

In providing our products to parents & guardians (personal accounts) we will collect personally identifiable information with respect to account holders and End Users being users of devices or home networks where our products are installed.

If you are a personal account holder, this section applies to you.

End User Consent

We provide our products under our agreements with you, the account holder. You are responsible for obtaining consent for relevant End Users for our products to operate and their Cyber Safety Data to be captured, used and shared in accordance with this Privacy Policy.

Our role under GDPR

For the purpose of clarity, under GDPR we act as a “data controller” with respect to delivery of products to parents. In this capacity, we have a legitimate interest in the collection, use, disclosure, and retention of information with respect to your family.

Data requests

We only accept requests to review, change or remove data from authorised account holders. This includes any user on your account with a “Parent” role. You should be careful when assigning parent roles.

School community

Our products permit parents and schools to collaborate and share information with respect to student activity. We call this the School Community feature. Such data is considered by us Cyber Safety Data and is subject to our privacy policy.

For the purpose of clarity, Cyber Safety Data collected during the application of parent policies is owned by the parent (not the school) and is subject to our agreement with you.

Sharing of safety data is subject to an opt-in by each party, which can be revoked at any time.

Disclosures of harm

Our products may from time to time identify concerning activity. Where disclosures of harm are identified our End User Policy applies.

Account and user related information

Contacts: When you sign-up we will ask for information to establish an account including your name and contact details. If you are a company or business, we will ask you for your business and tax registration details.

Addresses: We do not typically seek your address however we may if you order a physical product; if you request on-site support; if we need to communicate to you in writing or if our payment provider requires your address, post code or zip for verification purposes.

Payment Method: If you are paying us via electronic funds transfer, we will require a payment method (such as a credit card). We do not store this information. We will pass you to a compliant payment gateway.

Timezone: When you sign up we will capture your time zone. If we can, we will estimate this through geo-IP (through your internet session). We need a timezone to enable us to pre-configure our Products for you and for your account to function.

Support: When you use our support channels we will capture the information you share with us through emails, support tickets, over the telephone or in online chat services.

Admin users: When you sign up we will create an administrative user for your account. You may create additional administrative users. We will require their name and security information such as a password and PIN.

End Users: End Users are those persons that are affected by our products (e.g. authentication, filtering, device management). End Users may be students (at a school), your children, guests on your network, your staff or you.

Consumer accounts: When parents or guardians register End Users we will ask you for their name and date of birth. Date of birth helps us pre-configure settings for them. We ask for additional optional information so you can access optional features such as a security PIN (for device borrowing) and the name of the school they attend (for school community collaboration). When devices such as tablets and personal computers connect to our products we will ask for them to be registered along with device name, type and End User. In some of our products you may be permitted to add pictures for your End Users. This is optional and you may remove them.
School accounts: Where school institutions register End Users we will also ask for information about their role in the school, groups they are part of (e.g. class), classroom schedules and for identifiers such as student IDs or email address. If the school uses third party authentication services such as Google for Education then we will also capture identifiers to permit us to interact with those services but strictly only for the purposes of supporting your requirements.

Credit Information: If you are a company or an unincorporated organisation we may complete a credit review on you and source information available publicly or properly available for such purposes from credit reporting, law enforcement or government agencies.

Resellers: We provide our products through resellers such as telecommunications companies and technology vendors. If you have purchased our products through a reseller then they may pass to us your account set up information and in some circumstances End User and device registration information. We require our resellers to have authorisation from you before doing so.

School communities: We work with schools and businesses to provide cyber safety products to them and their communities. These organisations may refer us to parents/guardians or refer parents/guardians to us by providing us with relevant contact & student details. We require these parties to confirm to us that they have permission or a right under law to do this.

Submissions: We may provide opportunities for you or your end-users to post submissions in a forum, comments in a blog, or to complete surveys and forms. These services are inherently public, and we are not responsible for what is submitted or any third-party use of what has been submitted.

Sensitive Information: Unless permitted by law and requested by you or required by law, we will not deliberately record or use sensitive information. For the purpose of this policy sensitive information means information or an opinion about an individual’s racial or ethnic origin; political opinion; membership of a political association; religious beliefs or affiliations; philosophical beliefs; membership of a professional or trade association; membership of a trade union; sexual preferences or practices; or criminal record.

Cyber Safety Data

Our products enable you to monitor and control the use of the internet and devices by End Users. This includes use of networks and devices not owned by you. Our products necessarily capture usage and device information. We call this Cyber Safety Data and it may include:

Internet Usage: Use of the internet including online search terms, sites visited and blocked and related meta-data such as device, protocol, website, location, time and date.
Mobile Apps: Use of applications, including what applications are installed or attempted to be installed, are used and for how long, are blocked or permitted to be used and related information such as device details, time and date.
Device Location: Geo-location information derived from GPS services available on smart devices.
Events: Actions taken or patterns of actions which are indicative of behaviour. For example, if an End User installs or deletes an App. Such actions can be logged by us and made available to you.
Incidents: Records of identified incidents detected by our products or recorded by you or your end-users.
Calendars: Records of school and student schedules collected to support teachers to manage classroom activity.

System related information and analytics

Diagnostic Information: Our products log system level activities. We capture this information for quality assurance purposes only. It is stored for a short period of time.

Transactional records: Our products log certain transactions for the purpose of notifying and reporting system events. For example, where a device connects to your network or an End User seeks to borrow a device. Transactional data is required for the function of our products.

Web Analytics: Like most organisations, we use automatic data collection technology (such as Google Analytics) when you visit our websites. We may collect information such as your IP address, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the website you visit, number of links you click while on the website, search terms, and other data. This information is collected automatically and pseudonymised. By accessing and using our website, you consent to the processing of this data by our analytics partners in the manner and for the purposes set out in this policy. Analytics are collected through services we obtain from third party providers, such as Google. Where possible we will provide at familyzone.com/tracking details of our providers and guidance on how to opt-out from data collection.

Cookies and other Tracking Technologies: We and our advertising and analytics partners, use cookies and other tracking technologies (e.g., web beacons, device identifiers and pixels) to provide functionality and to recognise you across different services and devices. We will not use them to market third party products or to gather information on you or your End Users to sell to others. For more information, please see our Cookies and Tracking Notice below or visit familyzone.com/tracking.

Third party authentication services: For your convenience we may offer you the ability to sign-in to our products using third party authentication services provided by organisations such as Google and Facebook. Where you choose such services, we will exchange authentication information with them such as your email address. You will be required to accept their terms of use and policies with respect to the exchange of information. We only use these services for the purpose of authentication. You may disable authentication services at any time through your account.

Messaging

We may make available to you services which permit the exchange of messages between End Users. Such messaging services are provided to and under our arrangements with you (the account holder). These arrangements include terms for whom can interact and the monitoring and retaining of message content. We are not responsible for the content submitted.

If an End User on your account is enrolled in a school institution that is a client of ours then their messaging services will be managed under our agreement with that school institution.

Privacy & Mobile Device Management

We use Mobile Device Management (‘MDM’) in some of our products. MDM is a powerful tool which allows remote access to devices to monitor and control the functions available on them.

We use MDM for specific and limited purposes in the delivery of products to parents and schools (collectively ‘you’, ‘your’). We only ever use MDM for the purposes of providing the products requested by you which may be:

Scanning devices for new Apps so we can notify you;
Enabling or disabling access to device features such as the camera; screenshots; access to adult content and so on; and
Delivering a VPN profile to enable our web filtering services.

Account holders may disable any or all of these functions individually within their account or on the relevant device.

Unless required by law or with your express consent, we will never sell or disclose any data collected by MDM to any third party.

Purposes for processing your data

The table set out below identifies the data we collect, the purpose for which it is collected and our basis for doing so.

Purpose	Data Collected	Legitimate interest or basis for doing so
To register you as a new customer, bill you and support your use of our services	Contacts, Addresses, Timezone, Payment Method	So we can perform in our agreement with you.
To communicate with or seek feedback from you with respect to our services and policies	Contacts, Addresses, Submissions, Support	So we can perform in our agreement with you. So we can comply with relevant legal obligations (eg notifications). So we can keep our records updated and to monitor and improve our services.
To deliver, support, secure and administer our services	Contacts, Addresses, Timezone, Support, Admin user, End user, Cyber safety data, Diagnostic information, Web Analytics, Cookies and other Tracking Technologies, Third party authentication services.	So we can deliver services in accordance with our agreement with you. So we can comply with relevant legal obligations (eg data and security).
To provide a website which provides information on our services	Web Analytics, Cookies and other Tracking Technologies	So we can analyse our website activity to tailor it to what is of more interest to users. Because you consent to us capturing this.
To notify you of changes to and new services that may be of interest to you	Contacts, Cyber safety data Web Analytics, Cookies and other Tracking Technologies	So we can deliver services in accordance with our agreement with you, improve our services, offerings and relationship with you. Because you consent to us doing this.
To assess your creditworthiness	Credit Information	So we can assess whether we may offer you commercial credit.

How we share your information

In order to deliver to you the services requested and for us to meet our obligations we may from time to time share your information with others as described below.

Related companies: As a global company we have a number of corporate entities. We may need to share your information among these related companies. We will do so only to support your use of our products. All of our corporate entities and staff operate under our internal policies, procedures and standards which enforce the level of protection for your data reflected in this policy.

Service partners: You may request products that require us to direct you to third party providers such as cyber safety experts and providers of technology and equipment. If so, we will need to share relevant information with them. We only work with reputable organisations and when we partner with them, we subject them to checks which require them to have appropriate standards in place to manage your data. We encourage you to read their privacy policies and ensure you are fully informed.

Operational service providers: We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis, customer, technical and sales support services. If a service provider needs to access information about you to perform services on our behalf, they do so under instruction from us, including abiding by policies and procedures designed to protect your information.

Resellers: We provide our products through third party resellers such as telecommunications companies and technology vendors. If you have purchased our products through a reseller then we will exchange information with them for the purpose of setting up your account, billing you and other operational purposes.

App stores: Where you acquire or download our products from app stores (e.g. Google Play, Google Web Store or Apple App Store) we will exchange limited information with them to support the app, extension or application’s installation, update, support and operation. You will be required to agree terms including privacy terms with the relevant store or marketplace owner. The information you share with them is governed by their privacy policies, not ours.

Authentication providers: If you have enabled a “sign in with” service (e.g. through Google or Facebook) then we will exchange authentication information with them such as end-user name and email address. You and your end-users will be required to accept their terms of use and policies with respect to the exchange of information.

Learning system providers: If you have subscribed to learning services provided by us then we will exchange limited information with our chosen learning management system such as end-user name, email address and group (eg class).

Third party widgets: We may present you with social media widgets such as Facebook “like” or Twitter "tweet" buttons. We will not knowingly present these to minors. These widgets capture your IP address, the page you are visiting, and may set a cookie to enable the feature to function properly. Your interactions with these widgets is governed by the privacy policy of the company providing it.

Third party sites: Our products may contain links to websites owned or operated by third parties. Your use of sites and services and any information you submit to them is governed by their privacy policies, not ours.

Schools & parents: Where both a parent/guardian (account holder) and a school (account holder) opt-in then we will share chosen sets of Cyber Safety Data between them with respect to relevant students.

Hot-spots: When End Users connect to our networking products (e.g., access points, network gateways) an authentication process will be triggered. Device and/or authorisation tokens/certificates or a sign-in will allow our products to identify an End User (where possible). This is fundamental for the operation of our products. Once registered, devices can be recognised by participating network gateways. We may share your End Users masked names (first name and first initial of last name) and device identification information where they connect to participating networks.

Shared End Users: Should you request to share Cyber Safety Data associated with or control of an End User with another account holder then we will disclose your name to that other party. This is required to assist them to determine whether your request should be granted.

Legal reasons: We may disclose your information without your consent if we reasonably believe that doing so is necessary to:

satisfy any applicable law, regulation, legal process, or governmental request;
enforce applicable Customer Terms, including investigation of potential violations or breaches;
detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues; or
protect against harm to the rights, property or safety of us, our users or the public as required or permitted by law.

If we share School Data pursuant to a court order or legal process, we will provide you with notice unless notice is expressly prohibited by law or court order.

Business transfer: We may share or transfer information we collect under this policy in connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our businesses to another company. You will be notified via email and/or a prominent notice if such an event takes place, as well as any choices you may have regarding your information.

International Privacy

We are a global provider. We seek to store data in the country associated with the account holder however this is not always practicable. Accordingly, we may transfer, process and store some of your information outside of your country. We will only do so for the purpose of providing you products. Whenever we transfer your information, we will take steps to protect it and we will capture, store and deal with it in accordance with this policy.

To ensure that your data is protected and transferred in a manner consistent with legal requirements:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data; and
Where applicable, we may use specific contracts which give personal data an appropriate level of protection;

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data.

Information Storage

We use reputable data hosting service providers (such as Google and Amazon Web Services) to host the information we collect, and we use technical measures to secure your data.

While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others. We will respond to requests about this within a reasonable timeframe.

Our Security Procedures

We take information security seriously and have a security program which includes administrative, technical, physical and managerial measures that is reasonably designed to protect the information we collect from loss, misuse and unauthorised access or disclosure. For example we:

Use Secure Sockets Layering to encrypt communication between us.
Do not store your payment information. Instead we use a third PCI-DSS compliant party payment provider.
Require you to provide a unique username and set a password and other security measures from time to time such as PINs.
Hold passwords encrypted and do not re-issue them (instead you must enter a new one).
De-identify your information where possible, and in particular End User records.

Your Security Procedures

We urge you to be diligent in securing your computing networks, devices, usernames and passwords. Should other parties obtain access to these or guess them (because they are too simple) then your information may be compromised.

For convenience we make certain technologies available to you to make it easier to log in to your account or be authenticated to access the network or internet. For example, cookies, remember-me and single-sign-on type technologies. If you use these technologies, then we urge you to use device PINs and to log off your device when you’re not using it.

If you intend to sell or return a device which you have used with us you should remove our application/s, log-out and clear the cache, all browsing information and cookies before doing so.

You are responsible for maintaining the confidentiality of your account access information and for restricting access to your computer or device through which an account is accessed.

How Long We Keep Information

We retain information to provide you with the services and features you have requested and to support the ongoing improvement of our products. We take steps to secure and obfuscate your identity and once it is no longer needed, to de-identify your information or delete it.

How long we keep information depends on the type of information collected.

We will keep information relating to you and your End Users for as long as it remains necessary for its identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We retain de-identified information for as long as we consider necessary for our business purposes.
On cancellation of your account we will not automatically delete or de-identify the information we hold relating to you or your End Users. We need to retain some of your account information to comply with our legal obligations such as ensuring we’re capable of resolving disputes, enforcing our agreements and collecting outstanding payments.
There is some information we hold on you which for legal and legitimate business reasons, we will not be able to delete, even if you request us to do so. For example, under taxation laws we need to maintain a record of your account and the financial transactions we’ve completed. We have obligations to retain information to ensure we’re capable of resolving disputes, enforcing our agreements and collecting outstanding payments.
When we delete information, it may continue to be stored in backup archives. We will securely store such information and isolate it from any further use until deletion or de-identification is possible.
If an End User associated with your account is also an End User in another account (e.g. a shared parenting arrangement or school student account) then deletion in your account will not automatically delete them in the other account.
Our standard policy is to store Cyber Safety Data for 30 days on personal accounts and 12 months for school & business accounts. After that time related records are aggregated and de-identified. We may offer you the option to extend this storage period.
For the purpose of quality assurance, or due to technical limitations we may capture temporal Cyber Safety Data even when End Users have set by you to be “not tracked”. We will however purge such data as soon as practical.
If you acquired our services through a reseller, cancellation of your account with us and requests for us to remove records of you will not automatically remove records of you in the reseller’s platforms. This is because you were a customer of theirs.
If you have elected to receive marketing emails from us, we retain information about your marketing preferences unless you specifically ask us to delete such information. We retain information derived from cookies and other tracking technologies for a reasonable period of time, from the date such information was created.
Notwithstanding the foregoing, Personally Identifiable Information stored by us, relating to End Users under the age of 18 will be deleted in all cases (to the extent that it is reasonably and commercially possible to do so) when it is no longer needed for the purpose for which it was collected.

You have a range of options available to you when it comes to your information. Below is a summary of those choices. Where you request action from us, we will respond within a reasonable timeframe.

Access

You can access and modify the information in your account at any time, this includes all data that is required to provide the services.

Rectification

You can access and modify the information in your account at any time.

Relevant browser-based cookie controls are described in our Cookies & Tracking Notice.

Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Services do not currently respond to browser DNT signals. You can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving marketing from us as described above.

We offer you the ability to disable tracking of some Cyber Safety Data in your account.

Erasure

You can delete End Users from your account. Please note if the End User is also in another account (e.g. a shared parenting arrangement or school student account) then deletion in your account will not automatically delete them in the other account.

You can delete End User avatars from the product you loaded it into.

In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don't have the appropriate rights to do so. For example, if you believe an account was created for you without your permission or you are no longer an active user, you can request that we delete your account as provided in this policy.

You may request a deletion of information we hold on you. We will delete information where it is proper and practical to do so.

Restriction

Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. When you make such requests, we may need time to investigate and facilitate your request. If there is a delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved.

Portability

Data portability is the ability to obtain your information in a format you can move from one service provider to another (for instance, when you transfer your mobile phone number to another carrier). Should you request it, we will provide you with an electronic file of your account and End User information.

We will provide you with basic account level information without charge, Additional information may incur a reasonable charge. It may not be practical or proper to provide you some information (for example if fulfilling a request would reveal information about or owned by another party).

Objection

If there is a concern with regard to how we are storing, using, transferring, processing or treating your data you can contact us to raise that concern, but this will not affect any processing that has already taken place at the time. When you make such requests, we may need time to investigate and facilitate your request. If there is a delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved.

However, we may be entitled to continue processing your information based on our legitimate interests or where this is relevant to legal claims.

Withdrawal of consent

You may opt out of receiving third party promotional communications from us in your account. You may opt out of our promotions by using the unsubscribe link within each email. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us. You can opt out of some notification messages in your account.

Complaints to the regulator

You also have a right to lodge a complaint with a supervisory authority, where you are located, where we are based or where an alleged infringement of Data Protection law has taken place.

Your contact options are set out below.

United Kingdom

Office of the Information Commissioner
https://ico.org.uk/make-a-complaint/

Australia

Office of the Australian Information Commissioner
https://www.oaic.gov.au/privacy/privacy-complaints

New Zealand

Office of the Privacy Commissioner
https://www.privacy.org.nz/your-rights/making-a-complaint/

United States

Each state has its own relevant body.
http://www.ncsl.org/research/telecommunications-and-information-technology/state-laws-related-to-internet-privacy.aspx

We are committed to transparency with respect to serious data breaches.

When a data breach occurs which is likely to result in serious harm to any individuals whose personal information has been breached, then we will notify the relevant affected individuals (and other parties as required by law) and advise:

Our identity and contact details;
A description of the data breach;
The kinds of information concerned; and
Recommendations about the steps the individual should take in response to the data breach.

Abridged Privacy Policy for Personal Accounts

Our Privacy Policy describes how we collect, store, use and distribute information. We also set out your options which include how you can avoid capture of certain information and how you can access and update certain information.

Your privacy is of critical importance to us. We collect and use data strictly in accordance with best practices and relevant laws. We collect the minimum information necessary and retain your data only for as long as is necessary to provide our services, or until you tell us to delete it. Your data is never sold or given to Third Parties.

If you do not agree with our policy, please do not access, or use our products.

We collect data from account holders

So we can verify you and set up your account, we need some information about you and your family.

Your name, email address or mobile telephone number: Used to verify you and send account communications
Your child’s name (optional), date of birth, avatar (optional) and time zone: Used to personalise settings for your children
Delivery details and payment method: Used where we are required to deliver you a physical item or take a payment from you. We do not store these details against your account.

We collect data associated with the use of children’s devices

So we can provide the services you request, our products capture information relating to device activity. You can opt-out at any time.

Location: If you have enabled location, we collect location data using APIs provided by Google and Apple.
Locale: Allows us to send any necessary service messages in the correct language.
Requests: These are logs of requests from your user’s for changes in service settings.
Internet Usage: Used to provide Parents with the ability to monitor and control internet access.

We collect data using MDM

Some of our products use Mobile Device Management (MDM) functions. These are tools provided by operating system providers (such as Apple) which allow remote access to devices to monitor and control the functions available on them. You can opt-out of the use of MDM however our services will be affected.

Device Identifier (UDID): Used so we can ensure a parent's chosen settings apply to a specific device.
Device details: Such as OS Version, Build Version, Supervision Status, Device Name, Device Make, Model Code & Product Name: Used to assist parents identify devices paired to their account and for our support actions.
Installed Apps: Used to provide parents the ability to see what Apps are installed on their child’s devices.

Our Privacy and Data Protection Officer can be contacted at privacy@familyzone.com.

Our full Privacy Policy is available at www.familyzone.com/privacy.

Advertising & Marketing Policy

We will not knowingly market to minors.

We will communicate with you through the contact details you provide to us. You agree that we can communicate with you electronically. Our standard communication mechanisms include email, smart device notifications, SMS, web chat and telephony.

If you are a personal account holder then you can change your contact settings in your account.

You may opt out of receiving third party promotional communications from us in your account.

You may opt out of our promotions by using the unsubscribe link within each email.

Even if you opt-out of marketing or promotional communications you will continue to receive transactional messages from us.

We will not sell or provide your information to third parties so they can market their products or services to you.

We may from time to time use display advertising on the web and on platforms like Google and Facebook. Our advertising will only be aimed at supporting your engagement with cyber safety and education (such as topical information and insights) and maximising what you get out of our Products (such as promoting features and events).

You may have options in your browser or through the websites you access to limit or avoid advertising. You may also be able to opt out of personalised advertisements through the Network Advertising Initiative or Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info, http://optout.networkadvertising.org/ and http://www.youronlinechoices.eu.

SPAM is a common term for unwanted commercial electronic messages including emails, short messages, etc. In various countries around the world there are laws designed to inhibit the use of SPAM by commercial organisations.

We do not engage in SPAM;

We will not use false, or misleading subjects or email addresses;

We will identify marketing messages as such in a reasonable way;

We will include our registered address;

We will monitor Partner Marketing for compliance;

We will honor opt-out/unsubscribe requests in reasonable timeframes; and

We will provide opt-out unsubscribe options in relation to Partner Marketing.

We and our third party partners, such as our advertising and analytics partners, use various technologies to collect information, such as cookies and web beacons. In this notice we collectively describe these technologies as cookies.

We use cookies to improve our products and your experience. Specifically, we use cookies:

Where strictly necessary. These cookies are essential. They enable our Products to function, for example remembering you are signed in.
For functionality. These cookies remember choices you make such as language or search parameters. We use these cookies to provide you with an experience more appropriate with your selections.
For performance and analytics. These cookies collect information on how users interact with our Products and enable us to improve how they operate. For example, we use Google Analytics cookies to help us understand how visitors arrive at and browse our products and website to identify areas for improvement such as navigation, user experience, and marketing campaigns.
For promotion. These cookies permit us or a social media site to record that you have visited or used our products. We may use these to promote products we offer. We will not sell access to our cookies or use them for the purpose of promoting third party services to you.

To opt out of our use of cookies, you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from websites you visit. If you do not accept cookies, however, you may not get the best experience out of our Products.

Many browsers include their own management tools for removing HTML5 local storage objects.

Please visit familyzone.com/tracking for more information.

End User Policy

The following information is provided for law enforcement entities seeking information about our account holders and End Users.

All law enforcement requests for information should:

Be directed to us at legal@family zone.com;
Be written in English;
Include all relevant identifiers to permit us to search our records;
State specifically what information is being requested, why it’s being requested and how it pertains to the investigation; and
State the applicable act, law or ruling under which the law enforcement agency is requesting the data.

In the event of an emergency involving the danger of death or serious physical injury to a person please ensure the subject is: Emergency Disclosure Request.

We will respond to valid, properly served legal processes to the extent required by law.

It is our policy to use commercially reasonable efforts to notify affected account holders when we receive legal process requests for user data. Generally, except where a court order (and not just the request for information itself) requires delayed notification or no notification, or except where notification is otherwise prohibited by law or where we, in our sole discretion, believe that providing notice would be futile, ineffective or would create a risk of injury or bodily harm to an individual or group, or to our property, we will endeavour to provide reasonable prior notice to the relevant user of the request for user data in the event the user wishes to seek appropriate protective relief.

Submissions via an End User

The following relates to situations where an End User discloses to us information through a contact or feedback form and which indicates an incident or an intention to cause harm to themselves or others (a “Disclosure of Harm”).

For the purpose of clarity:

We do not provide mental health, crisis, counselling, or support services. Where we receive a Disclosure of Harm, we will take reasonable steps as lay persons only; and
Where a Disclosure of Harm is indicative of serious threat to life, health or safety of an individual then we reserve our rights to disclose such information to relevant authorities, schools and parents/guardians, subject to our obligations under relevant privacy legislation.

Disclosures of imminent and serious threat to life, health or safety

Where an End User discloses to us an Imminent and serious threat to life, health or safety then we will:

Seek to provide the End User with details of relevant support services;
Make reasonable steps to identify the End User, their School and their Parents (or guardians);
Make reasonable steps to contact the End User’s School and Parents (or guardians); and
Contact the local police and request a welfare check.

In this context Imminent means a Disclosure of Harm indicative of a Foreseeable risk which requires immediate action, as inaction is likely to result in harmful activities and Foreseeable means a future risk which can be reasonably predicted based upon a result of inferred actions, occurring as a result from a disclosure which indicates a method of harm, or a specified time, date, time-frame or location of harmful act.

Other disclosures of threats to life, health or safety

Where an End User otherwise discloses to us a serious threat to life, health or safety then we will:

Seek to provide the End User with details of relevant support services;

Make reasonable steps to identify the End User, their School and their Parents (or guardians); and

Make reasonable steps to contact the End User’s School and Parents (or guardians).

Indications based on End User activity

We may offer you features of our products which monitor End User activity for the purpose of identifying risky behaviour (“Behavioural Insights”). Such features may identify behaviour indicative of self-harm.

We do not promise that these Behavioural Insights are complete or accurate. We do not promise to monitor them or escalate issues to you or relevant authorities.

This notice is directed at End Users of our Products.

End Users are registered to account holders. You may have a primary account holder e.g. your parent or employer. You may also be associated with other accounts such as where you are a party to a shared parenting arrangement or you’re a student at a school using our Services or you’re a guest on a network using our Services.

Account holders have access to the information we hold on you and in particular the Cyber Safety Data related to you. This access is limited by and provided in accordance with this policy.

If you have queries with respect to the Products or your information, please direct your questions to the account holder/s administering you.

Privacy Policy for Children

You may be reading this document because our apps have been installed on your computer, tablet or phone. You may also have heard of us at your school.

In this document we will explain what we do and how it may impact the devices you use. We will also explain how we capture, use and share your information.

Who are we?

We are a Cyber Safety technology provider. We have apps that can be downloaded onto computing devices, smart phones and installed in home and school WiFi networks. These apps allow parents and schools to monitor and manage some of your online and device activities. Our apps have been developed so your parents and schools can look after you, support your use of technology and keep you safe online.

What do we do?

Function	What we do
Content filtering	Our apps can be installed on computers, tablets, phones and in networks. These apps monitor and manage your internet activity based on the choices of your parents/school. We will log the websites and Apps you access. This data is visible to your school and parents for a limited time.
Location tracking	When installed on tablets and phones our apps can log your device location. This data is visible to the owner of your device, which is usually your parents for a limited time.
Messaging	If enabled by your school, our apps allow you to communicate with your parents and teachers and other students. We log messages sent and received. We store this data for a limited time and make it available to your school.
Device management	When installed on tablets and phones our apps can log the apps installed and removed from your device. We also capture basic device information unrelated to you. This data is visible to your school and parents for a limited time.
Classrooms	When installed on your classroom computer or tablet our apps can capture and show your teachers screenshots and live views of your screens. We store this data for a limited time and make it available to your school.
Safeguarding	When installed on your classroom computer or tablet our apps can log your keystrokes and capture screenshots. If our apps identify high risk activity we will escalate this to your school or parents. Otherwise this data is deleted quickly.

Online safety incidents

If our apps identify indicators or serious risk to any individual’s safety and wellbeing then we reserve the right to escalate or intervene. What we will do is detailed in our Disclosures Of Harm policy.

Consent

Consent is needed for us to perform our services. We obtain consent for our products to be installed and used on devices and networks from the device or network owner, if you are using their device or network and do not wish to be impacted by our services then you need to talk to them to have our services removed.

Our commitment to data protection

We will not market services to you.
We will not share information associated with you with other companies.
We only ever ask for information that we really need to know.
We may share information associated with you if required by law or under an agreement with your parents or school.
We only keep information associated with you for as long as we need it and in accordance with laws.
We use good practices to keep information safe and secure.

Your rights

We provide our services to your parents or guardian or school and so we do as requested by them and as required by law. You do have rights and we are committed to you understanding them. These include:

You have a right to know and ask for copies of what information we collect relating to you.
You have a right to ask us to stop collecting or storing information relating to you unless we have a legal obligation or legitimate interest in doing so.
You have a right to tell us if your information is wrong or incomplete and then we must correct it.
You can complain to us or government agencies about us.

Where you exercise your rights we will let your parents/school know.

Contacts

For customers within the Australia and New Zealand

e: privacy@familyzone.com

m: Family Zone Cyber Safety Limited, Level 3, 45 St Georges Terrace, Perth WA 6000, AUSTRALIA.

p: +61 1300 398 326

For customers within the United Kingdom

e: privacy@familyzone.com

m: Avalon House, 1 Savannah Way, Leeds Valley Park, LS10 1AB, Leeds, United Kingdom

p: +44(0)113 539 7506

For customers within the United States

e: privacy@familyzone.com

m: 11545 West Bernardo Court, Suite 204 San Diego, CA, 92127

p: +844 SAFEWEB (844-723-3932)

Customer Terms Agreement

Download

1.1 Your Agreement

These are our standard terms and conditions (“Customer Terms”) for providing our Products to consumer customers. Our Customer Terms must be read in conjunction with:

Your Order;

Our Terms of Service;
Our Privacy Policy; and
Any Product Descriptions associated with the Products you use.

all of which together form your agreement with us (the “Agreement”).

In some instances, we may agree in writing to specific additional terms and conditions with you (“Specific Terms”). In such cases the Specific Terms also form part of this Agreement.

To the extent of any inconsistency in the Agreement, our terms apply in this sequence: Specific Terms, then Your Order, then Terms of Service; then our Customer Terms and then Product Descriptions.

1.2 This is a Binding Agreement

THE AGREEMENT IS BETWEEN YOU AND US REGARDING YOUR USE OF, RIGHTS TO AND OBLIGATIONS WITH RESPECT TO FAMILY ZONE PRODUCTS. THIS AGREEMENT APPLIES TO ANY UPDATES, SUPPLEMENTS OR MODIFICATIONS TO THE FAMILY ZONE PRODUCTS, UNLESS OTHER TERMS ACCOMPANY THOSE ITEMS. IF SO, THOSE TERMS APPLY. PLEASE READ THESE CUSTOMER TERMS CAREFULLY BEFORE USING THE FAMILY ZONE PRODUCTS. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND FAMILY ZONE.

BY CREATING AN ACCOUNT OR USING ANY OF THE FAMILY ZONE PRODUCTS YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE BEEN PRESENTED WITH, YOU UNDERSTAND AND ARE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE PLEASE DO NOT USE OUR PRODUCTS.

1.3 Resellers

If you have ordered Products through a Reseller then the Agreement is between you and them and where this agreement refers to us, this should be read as the Reseller.

1.4 Cyber Experts

We may offer you the option of subscribing to a Cyber Expert. Cyber Experts provide recommended settings and ongoing updates. Cyber Experts are independent of us, we are not in a joint venture, partnership or agency relationship with them.

Our terms for supplying Cyber Expert to you are set out in our Terms of Service.

Cyber Experts provide services to you in accordance with their Cyber Expert Terms. You agree these terms when you subscribe to a Cyber Expert in our Products.

Cyber Experts may provide other services outside of Family Zone. Should you utilise such services, the associated arrangements are between you and them only. We take no responsibility for your choice of Cyber Expert; and any services performed for you by them

2.1 Age requirements

You must be 18 years of age to enter in this Agreement. In doing so you become what we call an “Account Holder”.

We call users affected by our cyber safety Products, End-users. End- your consent, minors may use our Products.

You are responsible for your End User’s use of our Products. Your and our obligations with respect to End-users is set out in our Terms of Service and Privacy Policy.

2.2 Plans

Access to our Products requires you to subscribe to a Plan.

Our Plans include sets of features. Some of our Plans incur no charge. These are called Free Plans. Some of our Plans incur charges These are Paid Plans.

Our Plans are billed either monthly, quarterly or annually.

Our Plans run on either a month-to-month basis or have a minimum term eg 12 months.

If you have a month-to-month Plan:

Your Plan will continue on a monthly basis unless you cancel it or it is terminated.
We will bill you each month on the anniversary of the activation of your Plan or other date agreed with you (this is your ‘Billing Period’).
Where your Plan is cancelled or terminated it will end at the end of your current Billing Period..

If you have chosen a Plan with a minimum term:

Prior to completion of your minimum term you will be notified that your term is ending and advised of the commencement date and price of your new Plan.
You must advise us before commencement of a new Plan term if you wish to cancel your Plan renewal. If you do not advise us of cancellation, then the new Plan term will commence at the date provided.
Where your Plan is cancelled or terminated it will end at the end of your minimum term Billing Period.

By subscribing to a Plan, you permit us to charge you Plan Fees and any applicable promotions, offers or additional charges and applicable taxes in accordance with your Order and local laws. You further agree to pay all such items invoiced to you on or before the due date.

You may be offered additional features to attach to your Plan. Where these features attract their own particular charges these are described as Add Ons. If applicable, Add Ons will typically be added to your Plan Fees and billed in line with your Billing Period. Cancellation of Add Ons will follow the same rules as for your Plan.

When a Paid Plan ends, then by default we will move you to a Free Plan if one is available for you.

2.3 Promotions & Specials

You may be offered specials or promotions with specific prices, conditions and limitations, at our discretion and/or our Reseller’s. These are part of your Order and take precedence over these Customer Terms.

You may be offered a free trial period with specific terms at sign-up in your Order. We reserve the right, to determine your eligibility to access a free trial. Conditions of the trial will be outlined at the point of purchase.

We will begin billing your Plan Fees at the end of any applicable free trial period unless you cancel prior to that date. We may not automatically cancel your Plan at the end of your free trial. This will be set out in your Order.

We may offer gift-able Family Zone Products or coupons. We will charge you immediately for any gifts purchased irrespective of whether the recipient redeems the gift or not. Gift codes can only be used once, cannot be redeemed for cash, resold or combined with any other offers, including a free trial.

If you received a promotion code through a Third party then additional restrictions may apply. This information will be provided to you at the point of purchase.

2.4 Hardware Orders

You may from time to time be offered Hardware from us. Please choose carefully as refunds are not normally provided where you have simply changed your mind or made a wrong selection.

On occasions, stock of advertised Family Zone Hardware may become unexpectedly unavailable or may not be technically suitable for you or your location. In that event we may supply a substitute item that is substantially equivalent to those advertised without additional charge. If in our opinion we cannot supply a suitable Family Zone Product for your order at the SAME order price we will cancel your order, notify you and give you the option to cancel your account without penalty.

We will attempt to provide approximate delivery terms at the time of order. We cannot control carrier services and cannot promise delivery times will be adhered to.

2.5 Installation

We do not offer installation services, however we may introduce you to third parties who may be able to assist you. We don’t take responsibility for the work of Third party installers.

2.6 “Money Back Guarantee” offers

If Products purchased from us are subject to a special “money back” offer entitling you to return them for a refund then unless specified otherwise in your Order:

The Products must be returned and arrive to us within 14 days of the defined return period;
The Products must arrive to us in working order and with unblemished appearance;
The Products must be returned in their standard packaging with all accessories such as chargers, covers, cables and so on; and
Should the returned Products not conform to these preceding terms that we reserve the right to refuse to refund you.

2.7 Bundles

Some Plans will provide you with included Family Zone Hardware supplied at either no charge or with a subsidy. Title to these bundled Family Zone Products does not pass until completion of the minimum term of the associated Plan. Risk however passes to you on delivery.

You may be offered a group of Products as a package (“Bundled Plan”) for discounted charges. If you cancel some of the Products in the Bundled Plan then you will have ‘broken’ the bundle and we may adjust your Plan to bill you the applicable un-discounted Plan Fees.

2.8 Price Changes

Prices for our Products will be presented at the time of purchase as part of your Order. Prices are subject to change however we will not do so inside a contract term. Outside of a contract term we will be provide you with a reasonable time to cancel your Plan. Typically, this will be at least 30 days.

2.9 Billing currencies

Where we have established eCommerce arrangements to do so we will bill you in your local currency. Otherwise you will be billed in US Dollars (or other currency specified in your Order). In such circumstances you should understand that pricing in your local currency will vary depending on applicable currency exchange rates.

Foreign currency charges may also incur transaction fees from your financial institution. These transaction fees will be payable directly by you. Please check with your financial institution for details.

2.10 Commissions

Commissions may be paid to Cyber Experts, agents, employees, contractors and others in connection with your purchase of Family Zone Products.

2.11 Bills

You will typically receive an electronic bill for all charges each Billing Period, however, we may agree with you otherwise. Paper billing is not available. Bills will not be raised when you have subscribed through an App Store.

You may be billed late however not by more than 90 days in arrears. Some charges in a Bill may relate to a previous Billing Periods.

If you dispute a bill, you must pay it on time. We will credit you if it is later determined that you are entitled.

You may not raise a billing dispute more than 6 months after a bill is issued.

2.12 Payments and payment methods

Payment methods available to you will be displayed on electronic bills, our website and other materials distributed with our Family Zone Products.

Direct Debit: If your payment method is direct debit through a financial institution (eg direct debit via credit card, bank account or other payment service provider such as Paypal) then:

Payment will be attempted on your invoice due date.
If the payment attempt fails then we may immediately suspend your account or move you to a Free Plan.
If you have not paid your invoice within 7 days of your due date you permit termination of your related Services.

Indirect Payments: If your accepted payment method is indirect, e.g. paid through a Third party Reseller then:

Your billing and payments will be handled by your provider and are governed by their terms and conditions. If you have any subscription or payment related issues then you need to contact them directly.
Payment must be made to the relevant party by you by the due date for your account to remain available.
If you have not paid your invoice within 7 days of your due date you permit cancellation of your account.
You may modify your selected payment method subject to the methods available.

App Stores: If you have subscribed through an App store (eg Google or Apple) then:

Your billing and payments will be handled by your App Store Provider and are governed by their terms and conditions. If you have any subscription or payment related issues then you need to contact them directly.
A paymentattenpt will be made by the App Store on the due date.
If the payment attempt fails then we may immediately suspend your account or move you to a Free Plan.
You may modify your selected payment method subject to the methods available in the relevant Store.
If you have not paid your invoice within 7 days of your due date you permit termination of your related Services.

Payments and failed payments may incur transaction fees from your financial institution. Please check with your financial institution.

2.13 School paid accounts

If a Third Party pays for your Plan (eg a school) then you should note that you are still the account holder under this Agreement. Should that party cease paying for your Plan then we will move you to a Free Plan where one is available.

2.14 Late payment & recovery

You must pay invoices by the due date. If not paid on time we will attempt to make contact with you through the contact method registered with us. If they remain unpaid for 7 days your account will be cancelled without further notice.

If you owe us money recovery processes may be taken. We will appoint a debt collection agency. You are responsible for any costs we incur in debt recovery.

2.15 Charges relating to termination by you

You may cancel your account at any time. Plan Fees will be charged until the end of your current Billing Period. Payments are non-refundable and there are no credits for partially used periods.

Plan suspension is not available.

2.16 Maintaining your credit/debit card details

You are responsible to provide and maintain a valid payment method with us.

If your payment method details change, you must update them in "My Account" section of our website, or via the Apple App Store or Google Play Store if your subscription is managed via these platforms.

We will attempt but cannot promise to make contact with you if we observe that your payment method is not valid.

2.17 Errors in documents

Clerical or computation errors and misprints in any document that we or a Reseller provide to you in connection with your Family Zone Products including any Plan terms, catalogues, price lists, delivery dockets, invoices, statements or credit notes, may be corrected by the reissue of the document or otherwise by giving you notice of the error or misprint with reference to the original document.

You are not entitled to a reduction or variation in the price of a Family Zone Product by reason of any such error or misprint.

2.18 Use official methods only

You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft.

Always access your sensitive account information by going directly to our website and not through a hyperlink in an email or any other electronic communication, even if it looks official.

2.19 Use official methods only

Our Plans include entitlements to manage users and devices in your account. We apply “Reasonable Device & User Limits” to ensure that all of our customers can access our services, fairly and consistent with a typical family and for non commercial purposes. Our limits are set out in our Terms of Service.

3.1 Terms of Service

Subject to your Order and acceptance of these Customer Terms, we will supply you with Products. This includes Customer Support.

Unless otherwise agreed in writing, you acknowledge and agree that our Products are provided in accordance with our Terms of Service.

You acknowledge and agree that our Terms of Service:

include important obligations on us and you;
have been made available to you and you have read, understood and agreed to them;
impose obligations on you where our Agreement expires or terminates and accordingly survive expiration or termination of our Agreement; and
may be subject to Service Changes from time to time at our sole discretion.

Where we make a Service Change we agree to:

Make such Service Changes effective 30 days after posting notice of the change; and
Where a Service Change is in our sole opinion materially detrimental to you then (a) we will provide you with 30 days’ notice of the Service Changes; (b) we will offer you a right to terminate this Agreement without penalty; and (c) to do so you must provide us within written notice of termination within 30 days of receipt of notification of the Service Changes; and
Whilst we will endeavour to, we make no promise to make available prior versions of our Terms of Service on our website.

3.2 Subcontractors

You acknowledge that subject to this Agreement we may use Subcontractors to fulfil certain of our obligations under this Agreement.

3.3 Primary Responsibility

You acknowledge that you are responsible for the Products and any use or misuse of them. You agree to take reasonable steps to ensure use of the Products complies with our Terms of Service and Privacy Policy even where used by your End-users or an unrelated third party.

3.4 Updates

We may issue you an upgraded version of our software automatically from time to time. If you decline or otherwise make us unable to perform a software upgrade then relevant features may not operate properly.

If you "uninstall" Family Zone software, applicable features will no longer operate properly.

3.5 Third party equipment and services

Using a Family Zone Product will depend on you having services or equipment supplied by other parties such as an internet connection of computing device. You are responsible for such services and equipment.

3.6 Lost, stolen or sold equipment

If a Family Zone Product is sold, lost or stolen then you are responsible for deactivating it. You can do this through your account or through Customer Support.

3.7 Termination

We may terminate your access to our Products immediately if:

You are in material breach of these Customer Terms;
You have been notified of a (non-material) breach and you have failed to remedy it within the time requested;
You become Insolvent;
We are required to by law or a competent authority;
We reasonably suspect fraud or attempted fraud involving the Service;
For security reasons; or
You ask us to.

We may terminate your access to our Products on reasonable (typically 30 days) notice if:

You have Plan Fees which are overdue;
We have been requested to transfer your Plan to another party;
We reasonably believe we need to do so for technical, security or operational reasons; or if
You use our Products in a way that places unreasonable demands on our services to other persons.

No failure to exercise any rights in relation to a breach of any provision of our contractual terms constitutes a waiver of our rights to terminate your Services in the future.

3.8 Limited Hardware Warranty

Family Zone Hardware is sold subject to a Limited Warranty as outlined below.

Family Zone Hardware purchased by or delivered to Customers should be inspected by you prior to installation or use to determine whether they are in compliance with the specifications and free from material defects in workmanship. If any Product fails or does not work as advertised within 30 days of purchase or delivery then you may seek a full refund.

If any Family Zone Hardware fails to operate as advertised within six (6) months from purchase or delivery, please contact Customer Support immediately. We will troubleshoot the Family Zone Product with you and, if necessary, arrange for the failed item to be repaired or replaced.

We reserve the right to replace defective Family Zone Products with refurbished units of the same or better type and the defective Family Zone Products must be returned to us within a reasonable time, typically 14 days from logging your service request.

FAMILY ZONE SHALL NOT BE LIABLE FOR WARRANTY IF TESTING AND EXAMINATION IDENTIFIES THAT THE DEFECT DOES NOT EXIST OR WAS CAUSED BY YOUR OR YOUR END USER'S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR, OR BY ACCIDENT, FIRE, LIGHTNING OR OTHER HAZARD OCCURRING AFTER PURCHASE OR DELIVERY.

We reserve the right to charge you the full value for returned Family Zone Products where there is no fault with the item(s) or where it is reasonably obvious that the damage was caused by you.

We will assess returned units within a reasonable time, typically 30 days.

4.1 Cyber Safety Generally

You acknowledge that cyber threats, exposures and the various technical, operational, legal and other challenges surrounding these matters are complex and dynamic. Parental control technologies are subject to many limitations and can only ever be a part of a parent’s approach to keeping their family cyber safe. Furthermore, family and individual circumstances are all very different and Cyber Experts and Family Zone will never be aware of the issues pertaining to you and your family.

4.2 General Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAMILY ZONE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE FAMILY ZONE PRODUCTS INCLUDING ANY FEATURES AND FUNCTIONALITIES ASSOCIATED ARE PROVIDED WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT FAMILY ZONE PRODUCTS, INCLUDING SOFTWARE WILL BE FREE FROM ERROR, OUTAGE, FAULT, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR ANY SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO. YOU ARE PROVIDED WITH NO GUARANTEE, REPRESENTATION OR WARRANTY THAT THE FAMILY ZONE PRODUCTS WILL BE TAILORED FOR YOUR PERSONAL CIRCUMSTANCES. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT OUR CUSTOMER SUPPORT SERVICES WILL BE FREE FROM ERROR OR FAULT OR WILL NOT RESULT IN A LOSS FOR YOU AND WE DISCLAIM ANY LIABILITY RELATING THERETO. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WE, OUR SUBSIDIARIES OR ANY OF OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR PARTNERS, AFFILIATES OR CONTRACTORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

4.3 General limitation

In the event we are legally able to to do so in your jurisdiction, we limit our liability in respect of any claim under those provisions to: in the case of goods, at our option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at our option: the supplying of the services again; or the payment of the cost of having the services supplied again.

4.4 Waiver & Indemnity

You agree to defend, indemnify and hold harmless us, our members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to:

your unauthorized or unlawful use of the Family Zone Products and Services;
your breach of these Customer Terms; or
the infringement by you, your or any third party using your Plan, of any intellectual property or other right of any Third Party.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.

5.1 Our Intellectual Property

All copyright and other Intellectual Property Rights subsisting in Family Zone Products are, without limitation, owned or licensed by us.

5.2 Third party Rights

Various legislation across the world protects materials such as films, music, books and computer programs. You can break these laws if you download, copy, share or distribute such material, unless you’re allowed to do so by a piece of legislation or by permission of the copyright owner. Please don’t use our Products to do any of these things, because if you do, we might have to cancel your account and the copyright owner may take legal action against you.

6.1 Assignment

You may not assign or transfer all or any of your rights, benefits or obligations under this Agreement without our prior written consent, the granting of which shall be at our sole discretion. We may at any time assign or otherwise transfer to any party all or any part of our rights, benefits or obligations under this Agreement and in that event the assignee or transferee will have the same rights against you as it would have had if it had been an original party to this Agreement. You acknowledge that we may disclose Confidential Information to (subject to us entering into a confidentiality agreement with) a potential assignee or to any person who may otherwise enter into a contractual relationship with us related to this Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and permitted assigns.

6.2 Changes to Customer Terms

We may, from time to time, change these Customer Terms. Such revisions shall be effective immediately; provided however, for existing customers, such revision shall, unless otherwise stated, be effective 30 days after posting.

We will endeavour to make available prior versions of our terms on our website.

If we revise our terms and such revision is in our opinion materially detrimental to you then we will permit you to cancel your Family Zone account without penalty within 30 days and we will make a reasonable attempt to provide you notice of the change and your rights.

6.3 Governing Law

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter is governed by and will be construed according to the laws of the Commonwealth of Virginia if you live in the USA, the laws of New Zealand if you live in New Zealand or otherwise the laws of Western Australia, Australia.

6.4 Arbitration

If you are a customer of the Family Zone and you are based in a country that has a statutory small claims or arbitration process for dealing with disputes then you agree that, by agreeing to these Customer Terms, the relevant acts govern the interpretation and enforcement of this provision we both waive our rights to a trial by jury or to participate in a class action.

This arbitration provision shall survive termination of this Agreement and the termination of your Family Zone Services.

If you elect to seek arbitration or file a small claim court action, you must first send to Family Zone, by certified mail, a written Notice of your claim ("Notice") to us at our contact address available on our website.

If we initiate arbitration, we will send a written Notice to the email address we have on our records

A Notice, whether sent by you or us must:

Describe the nature and basis of the claim or dispute;
Set out the specific relief sought ("Demand").

If we and you do not reach an agreement to resolve a claim within 30 days after a Notice is received, you or we may commence a relevant arbitration proceeding or file a claim in small claims court.

You agree that we may choose whether any arbitration proceedings will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

6.5 No waiver for breaches

If we do not act in relation to a breach of our Customer Terms by you, we do not waive any rights to act in relation to that breach or any later breach by you.

If you do not act in relation to a breach of our Customer Terms by us, you do not waive any rights to act in relation to that breach or any later breach by us.

6.6 Force Majeure

We will not be liable to you for any breach of, or failure to perform, our obligations under this Agreement where such breach or failure is caused by a Force Majeure Event.

6.7 Notices

Any notices to you from us regarding the Services or these Customer Terms will be posted on our website or made by e-mail.

Any notice or communication that you desire or are required to send us should be sent through one of the means listed in on our website.

6.8 Entire Agreement

This Agreement constitutes the entire agreement between you and us and supersedes any prior agreements, whether in writing or otherwise.

6.9 Severability

In the event that any provision of these Customer Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Customer Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

6.10 Effects of Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

6.11 Electronic contracting

You accept that use of the Services acknowledges your acceptance of our ability to enter into agreements with you and/or to transact with you electronically.

You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

7.1 Meaning of Words

API’s means application programming interfaces provided by us for the Products as described in our Terms of Service.

Consumer means a Customer that is an individual person that is not using or intending to use the Products as part of a commercial business or enterprise and is capable at law of entering a contract.

Content means any information accessed via the Internet including such things as topics, data, ideas, facts, statements and advertising, published in any form including text, images, audio, animation and/or video.

Contracted Term means an agreed minimum time period for this Agreement, as set out in an Order.

Customer, you and your means the person(s) or legal entity named on the Order. If there is more than one, and/or it means each of you separately and all of you jointly and severally.

Customer Support means Product deployment, configuration and help desk services as described in our Terms of Service.

Cyber Expert means an independent third party provider of cyber safety advice and related services. Cyber Experts may provide you with Cyber Safety services in connection with our Products.

Cyber Expert Terms means the commercial and other terms agreed between you and your Cyber Expert governing your use of their services.

Defect means a defect in a Product which renders it unusable or otherwise unfit for its stated purpose in a live environment.

Documentation means any documentation provided by us in relation to the Products and includes, without limitation, user guides, procedures, training manuals, videos, tutorials, brochures and manuals.

End-users means a user of a Product provided by us.

Family Zone, we", our or us means any Family Zone corporate entity (including Family Zone Cyber Safety Limited ABN 33 167 509 177 (Australia), and Family Zone Inc (USA), our assignees, successors and any subcontractor engaged by, us to provide the Products.

Family Zone Content is Content available through the Family Zone websites, portals and other channels.

Family Zone Products is an all encompassing term for what Family Zone provides. Products means the Family Zone owned and developed and/or Third party cyber safety and security products and services that we provide Customers, either directly or through Resellers, and includes without limitation Services, Hardware, Software, Consulting, API’s, Support and Documentation. This term is used interchangeably with Our Products.

Force Majeure Event means any event that is beyond the reasonable control of a party and which prevents a party from performing, or delays the performance of, any of its obligations under this Agreement (except for any obligations to make payments to the other party) including, without limitation:

acts of God;
flood, fire, storm, earthquake or explosion or other natural disaster;
war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest;
actions, embargoes or blockades in effect on or after the date of this Agreement;
national or regional emergency;
strikes, labor stoppages or slowdowns or other industrial disturbances;
epidemics, quarantines, radiation or radioactive contamination;
action or inaction by any governmental authority;
government order or law; or
a breakdown of plant, machinery or equipment, telecommunications failure or shortages of labor, transportation, fuel, power or plant, machinery, equipment or material (including short supply from the regular source or regular supplier.

Hardware means computing equipment and associated software and accessories and includes any substituted equipment, components and accessories.

Insolvent describes a situation where you die or become bankrupt, subject to a winding-up order or similar insolvency event or if we have a reasonable belief that we are unlikely to receive or retain payments for amounts due and payable by you under contract.

Intellectual Property Rights means all rights, titles and interests wherever subsisting throughout the world and whether registered or not (including any applications, renewals, extensions, restorations or re-instatements), held by a party, in and to copyright works, logos, designs, inventions, software, code (compiled or otherwise) circuit layouts, trade secrets, patents, trademarks, service marks and business names, and including any rights of a related nature.

Limited Warranty means our written statement setting out conditions and time limits within which we warrant the performance and quality of our Hardware as set out in clause 3.8.

Order means trading terms agreed with you such as pricing, discounts, promotions, credit, commitment period, payment terms and modifications to Customer Terms. These are agreed at the time of purchase, account sign-up or activation as the case may be.

Plan means your Family Zone account established pursuant to your Order.

Plan Fees means the fees and charges billed to you according to your Order, as amended or updated by agreement with you from time to time.

Product Description means our description of certain features of our Products, as set out on our website and changed by us from time to time.

Resellers means independent 3rd parties who offer for sale Family Zone Products and Services.

Services means cyber safety and security technology and related services as described in our Terms of Service and includes any substituted Services.

Software means an executable program and/or application associated with the Products.

Subcontractor means a Third party appointed to perform tasks contemplated by this Agreement by a Party to this Agreement.

Terms of Service means our specific terms and conditions related to our supply of Products as set out on our website, described as Terms of Service & Supply, and updated from time to time.

7.2 Interpretation

In this Agreement, unless the context otherwise requires:

headings and emphasis are for convenience only and do not affect the interpretation of this Agreement;
words importing the singular include the plural and vice versa;
words importing gender include every gender;
a reference to a thing includes part of that thing;
other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning;
terms of inclusion are to be interpreted without limitation;
a covenant or agreement by more than one person binds, and is enforceable against, those persons jointly and each of them severally;
a reference to a law or regulation shall include any applicable amendments
a reference to a document includes every permitted amendment, modification or supplement to, or replacement or novation of, that document;
a reference to a party to this Agreement or to any other document referred to in this Agreement includes that party’s successors and permitted assigns;
an expression importing a natural person includes any company, partnership, joint venture, association, corporation, or other corporate entity and any government agency;
a reference to a clause, party, annex, exhibit or schedule is a reference to a clause of, a party, annex, exhibit or schedule to this Agreement and a reference to this Agreement includes any annex, exhibit or schedule;
where the day on or by which anything is to be done is not a Business Day, that thing must be done on or by the preceding Business Day; and
no principle of construction or rule of law that provides that an inconsistency or ambiguity in this Agreement will be construed against the drafter of this Agreement will have any application to the terms and conditions of this Agreement.

Cyber Expert Terms

1.1 Cyber Experts & the Family Zone

Cyber Experts offer customised packages of features and settings within the Family Zone. These packages are tailored for the specific needs of customer groups. These services are called “Cyber Expert Services” and are governed by this agreement.

Cyber Experts may offer other services outside of the Family Zone and may incorporate the Family Zone Services into broader services aimed at making families safe. Services outside of the Family Zone are not Cyber Expert Services and are not governed by this agreement.

Cyber Experts are independent of the Family Zone. Cyber Expert Services are the responsibility of Cyber Experts and are provided subject to this agreement between you and them.

1.2 Binding Agreement

THESE “Cyber Expert TERMS” ARE AN AGREEMENT BETWEEN YOU AND YOUR Cyber Expert REGARDING YOUR USE OF, RIGHTS TO AND OBLIGATIONS WITH RESPECT TO THEIR Cyber Expert SERVICES.

THESE TERMS APPLY TO ANY UPDATES, SUPPLEMENTS OR MODIFICATIONS TO THEIR Cyber Expert SERVICES, UNLESS OTHER TERMS ACCOMPANY THOSE ITEMS. IF SO, THOSE TERMS APPLY. READ THESE TERMS CAREFULLY BEFORE USING THE FAMILY ZONE PRODUCTS AND SERVICES. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND YOUR CHOSEN Cyber Expert.

BY SELECTING OR CHANGING A Cyber Expert WITHIN THE FAMILY ZONE SERVICES YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE BEEN PRESENTED WITH, YOU UNDERSTAND AND ARE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS DO NOT USE A Cyber Expert WITHIN THE FAMILY ZONE.

YOU MAY OBTAIN NON FAMILY ZONE RELATED SERVICES FROM YOUR Cyber Expert. SUCH SERVICES ARE NOT GOVERNED BY THESE TERMS.

1.3 Meaning of Terms

Unless defined herein, as the context requires, all terms have the same meaning as setout in the Family Zone’s Customer Terms.

2.1 Sign-up

The Family Zone permits you to choose a Cyber Expert (or not) when you create a new Family Zone account.

2.2 Changing Cyber Expert

You may change your Cyber Expert at anytime. Doing so will not automatically change Family Zone Control settings already chosen for your End-Users.

To reflect your new Cyber Experts settings in your End-User Family Zone Control settings you must select a new profile for each End-User. Once changed your new Family Zone Control settings will apply.

If you made modifications to the recommended settings by your former Cyber Expert then be advised that these are NOT transferred to your new settings. You must review these and modify them to suit your needs.

Choosing a new Cyber Expert may require a new Plan to be entered into. You will not automatically get a credit for any unexpired portion of a subscription paid for your previous Cyber Expert. Please contact your previous Cyber Expert to query this.

2.3 Ceasing to use a Cyber Expert

You may cease to use a Cyber Expert at anytime. You do so by choosing the Do-It-Yourself option within the Family Zone portal.

Doing so has the same effect as changing to a new Cyber Expert. You will need to manually change your End-User’s profiles and check all settings.

2.4 Termination by your Cyber Expert

Your Cyber Experts may at anytime with at least 30 days notice terminate their services to you. In this event, you must select a new Cyber Expert within that time period. If you do not select a Cyber Expert then:

Family Zone is permitted to substitute a Cyber Expert for you; or
Your Family Zone Service may, at the election of Family Zone, be terminated.

Family Zone we will attempt to contact and work with you to manage the transition.

2.5 Cyber Expert Permissions and Privacy Policy

In the course of providing their services to you your Cyber Expert will need to access personally identifiable information (PII) collected by The Family Zone or them (such as usage, settings and contacts) and will need from time to time to provide you with electronic communications such as email or SMS updates.

Your Cyber Expert will treat your information and to contact you in accordance with the Family Zone Privacy Policy.

You permit your personal information to be made available to your Cyber Experts and for your Cyber Experts to contact you in accordance with the Privacy Policy.

3.1 Fees and charges

Your Cyber Expert requires you to subscribe to a Plan. Your Plan may be month-to-month or may have a minimum term such as 12 months. It will be billed, collected, must be paid and may be cancelled under the same terms of your applicable Family Zone Plan.

Applicable fees and charges for your Cyber Expert Services are subject to change. If they are changed, reasonable notice will be provided to you and if you are inside a minimum contract term you will be provided with a reasonable time period to cancel your services without penalty. Typically this will be at least 14 days.

3.2. Errors in documents

Clerical or computation errors and misprints in any document that we or a Reseller provide to you in connection with Cyber Expert Services including any Plan terms, catalogues, price lists, delivery dockets, invoices, statements or credit notes, may be corrected by the reissue of the document or otherwise by giving you notice of the error or misprint with reference to the original document.

You are not entitled to a reduction or variation in a price by reason of any such error or misprint.

3.3. Commissions

Cyber Expert plan fees and charges may be subject to revenue sharing arrangements and the payment of commissions to partners, agents, employees, contractors and others.

4.1. Terms of Service

Cyber Expert Services are provided on the same terms as the Family Zone Services. These terms are described in Section 3 of the Family Zone Customer Terms which deals with:

Monitoring
Responsibility for use
Acceptable Use
Customer Support Updates
Reporting Faults
Termination
3rd party equipment and services
Changes
Lost, stolen or sold equipment
Use official methods only
Electronic Communications

4.2. Cyber Expert Services

A Cyber Expert’s specific role is to introduce customers to the Family Zone and to offer customers a customised version of the Family Zone Controls. Cyber Experts may provide any of these services (‘Cyber Expert Services’) to you:

A pre-defined package of Family Zone parental control settings including for specific age groups recommendations for internet filtering, device and app controls (‘Control Settings’).
Periodic updates of Control Settings.
Periodic communications such as blogs and emailed notices of changes and updates.
Installation services relating to the Family Zone Products and Family Zone Services or other products and services.

Cyber Experts may offer other services relating to parental control and cyber safety. These may include the following which for the purpose of clarity are specifically not considered Cyber Expert Services:

Seminars, talks, presentations and other speaking engagements
Parenting, family advice and counselling.
Matters of religion and faith.
Technology training and advice.
Cyber safety advice, products or services which do not involve the Family Zone Products and Services.

5.1 Cyber Safety Generally

You acknowledge that cyber threats, exposures and the various technical, operational, legal and other challenges surrounding these matters are complex and dynamic. Parental control technologies are subject to many limitations and can only ever be a part of a parent’s approach to keeping their family cyber safe. Furthermore family and individual circumstances are all very different and Cyber Experts and Family Zone will never be aware of the issues pertaining to you and your family.

5.2 General Disclaimer

Cyber Expert SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Cyber Expert SERVICES INCLUDING ANY FEATURES AND FUNCTIONALITIES ASSOCIATED ARE PROVIDED WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

Cyber ExpertS DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THE Cyber Expert SERVICES WILL BE FREE FROM ERROR, OUTAGE, FAULT, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR ANY SECURITY INTRUSION, AND ANY LIABILITY RELATING THERETO IS DISCLAIMED.

YOU ARE PROVIDED WITH NO GUARANTEE, REPRESENTATION OR WARRANTY THAT THE Cyber Expert SERVICES WILL BE TAILORED FOR YOUR PERSONAL CIRCUMSTANCES.

ANY INFORMATION SUBMITTED TO Cyber ExpertS IS AT YOUR SOLE RISK, AND ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY IS HEREBY DISCLAIMED.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL YOUR Cyber Expert(S), THEIR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR PARTNERS, AFFILIATES OR CONTRACTORS INCLUDING THE FAMILY ZONE BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

5.3 Your Statutory Rights

Nothing in this agreement shall affect any non-waivable statutory rights that apply to you. If any provision or provisions of these customer terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this section may not apply to you and these terms must be read subject to statutory provisions applicable to you. If these statutory provisions apply, to the extent to which we are entitled to do so, we limit our liability in respect of any claim under those provisions to: in the case of goods, at our option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at our option: the supplying of the services again; or the payment of the cost of having the services supplied again.

5.4 Waiver & Indemnity

You agree to defend, indemnify and hold harmless your Cyber Expert, its shareholders, affiliates and/or partners, and its and their officers, directors, partners, agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to:

(i) your unauthorized or unlawful use of the Cyber Expert Services.

(ii) your breach of these terms.

(iii) the infringement by you, your End-Users or any third party using your Plan, of any intellectual property or other right of any third party.

Your Cyber Expert(s) reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

6.1 Copyright

All copyright and other intellectual property rights subsisting in your Cyber Expert’s trading name Content and their Cyber Expert Services are, without limitation, now owned by you and are protected by the laws of Australia and other countries.

Subject to these terms, you are authorised to view our your Cyber Expert’s Content using your web browser or, where expressly invited to do so, to share certain content on social media. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of our Family Zone Content, except as permitted by statute or with our prior written consent.

6.2 Patents and Trademarks

Your Cyber Expert may hold patents and trademarks. Unauthorised or misleading use of these will cause your Cyber Expert damage and all rights are reserved.

6.3 Your feedback

Your Cyber Expert is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may provide to them ("Feedback"), including responses to questionnaires without further compensation, acknowledgement or payment to you for any purpose whatsoever.

Where you provide Feedback to your Cyber Expert you grant them a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your Feedback for the reasonable purposes of our business, and the right to sub-license those rights to others.

You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content and you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

You also warrant that you have the right to grant the above licence, that our exercise of the licence rights above will not infringe the intellectual property rights of any person, and that the Feedback is not defamatory and does not breach any law.

Your Feedback may be monitored, but their is no obligation for this to be done. Your Feedback may be altered or removed at any time, including to ensure the operational integrity of your Cyber Expert’s Services.

6.4 Third party copyright

Various legislation across the world protects materials such as films, music, books and computer programs. You can break these laws if you download, copy, share or distribute such material, unless you’re allowed to do so by a piece of legislation or by permission of the copyright owner. Please don’t use the Cyber Expert’s Services to do any of these things, because if you do, we might have to cancel your Family Zone Services and the copyright owner could take legal action against you.

7.1 Changes to Terms

These terms may be changed from time to time. Such revisions shall be effective immediately; provided however, for existing customers, such revision shall, unless otherwise stated, be effective 30 days after posting.

If these terms are revised and such revision are in the opinion of the Family Zone detrimental to you then you will be permitted to cancel your Cyber Expert Services without penalty within 30 days.

7.2 Governing Law

These terms shall be governed by and construed in accordance with the laws of Western Australia. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

7.3 Arbitration

The arbitration provisions contained within section 10.3 of the Family Zone Customer Terms apply with that clause being read to substitute your Cyber Expert for the Family Zone.

7.4 No waiver for breaches

If your Cyber Expert does not act in relation to a breach of these terms by you then this may not be construed to waive any rights your Cyber Expert has to act in relation to that breach or any later breach by you.

If you do not act in relation to a breach of these terms by your Cyber Expert then you do not waive any rights to act in relation to that breach or any later breach.

7.5 Your liability

You are liable to your Cyber Expert for breach of these terms or negligence under the principles applied by a competent legal body.

You are not liable for any loss to the extent that it is caused by your Cyber Expert .

7.6 Force Majeure

Your Cyber Expert shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

7.7 Notices

Any notices to you will be posted by e-mail.

7.8 Entire Agreement

These terms together constitute the entire agreement between you and your Cyber Expert in relation to the Cyber Expert Services and supersedes any prior agreements, whether in writing or otherwise.

7.9 Severability

In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms such determination shall not affect the validity and enforceability of any other remaining provisions.

7.10 Effects of Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

7.11 Electronic contracting

You accept that use of the Cyber Expert Services acknowledges that you accept entering into agreements and transacting electronically.

Customer Detail & Security

We use HTTPS for all incoming/outgoing data transfer
Our User Interface only provides access to this data to Zone (ie network) Owners and CSRs/Admins.
Our cloud servers are hosted by Amazon and we engage leading provider Conexim to manage the services and security.
We apply all industry security standards. All servers are firewalled and require security certificates and strong passwords. There is no direct or password only access to production servers.

We use HTTPS for all incoming/outgoing data transfer
User's names are masked when displayed in Zones other than their parent's.
We hold no personal or contact information on users (excluding parents). So we don’t know kid's emails, phone numbers or the like.
Addresses are captured and stored by us only when customers order Boxes. We plan to purge this data periodically.
Our cloud servers are hosted by Amazon and we engage leading provider Conexim to manage the services and security.
We apply all industry security standards. All servers are firewalled and require security certificates and strong passwords. There is no direct or password only access to production servers.

No. The only data the App needs is device identifiers eg MAC, IMEI, UID and App IDs (ie the codes of the apps installed on the device).
We absolutely do not access photos, contacts, messages etc.
Further, the App and its functions are disclosed to the user. It is not spyware.

All communication between the App and our MDM server is ssl encrypted. MDM services are firewalled and access to them requires a unique certificate plus a strong password.

All staff and contractors are required to sign confidentiality agreements.
Typical controls around password and systems access are used.
Non-production environment data is anonymised and are copies encrypted.
Production and non-production environments are on different networks.

We believe we are. The key issues for regulators appear to be around ensuring consent is obtained from parents/guardians before personal/identifiable information on minors is collected/processed.
We absolutely obtain consent from parents before we sign up users. Further, where we can't identify a device's owner (ie guest devices) we anonymize the guest record ie it does not persist across the family zone.
Also, we do not collect contact or personal information on any user (except parents). We don't know kid's emails, mobile numbers and we don't access personal data stored on mobile devices (eg pictures, messages, emails etc).
And we specifically do not capture or store credit card info or "sensitive" information.

With respect to highly publicized hacks the circumstances of each are different. However hacks and leaks are often the result of “inside jobs” or end user failures (such as weak passwords) and less often due to inadequately secured access to databases or systems.

Having said that, we take matters of security and privacy extremely seriously. Our approach to managing these risks include:

We do not store personal information with respect to users (ie kids). We do not access or store their contact details, or on-device data such as messages, pictures etc;
We obfuscate and encrypt personal information where appropriate to protect privacy;
Our end user technologies do not access personal information and operate with industry standard security technologies;
We take preventative steps to ensure our data and IT services are protected as per industry standards and best practices;
We utilize the services of reputable organizations and ensure all parties with access to our data are subject to strong confidentiality agreements and we monitor and routinely test our practices.

For Admins

For Teachers

Community

Legal Information

Legal Documents

Family Zone Cyber Safety Limited Privacy Policy

1. Introduction

Our agreement

Information and ownership

End Users and consent

2. Privacy and Schools

For schools in the United States

For schools in the United Kingdom and European Union

Other specific terms for schools

3. Privacy and Personal Accounts

4. The Information We Collect

Account and user related information

Cyber Safety Data

System related information and analytics

Messaging

Privacy & Mobile Device Management

Purposes for processing your data

5. How We Share Your Information

How we share your information

International Privacy

6. How We Secure Your Information

Information Storage

Our Security Procedures

Your Security Procedures

How Long We Keep Information

7. Your Rights

Access

Rectification

Erasure

Restriction

Portability

Objection

Withdrawal of consent

Complaints to the regulator

8. Data Breaches

Abridged Privacy Policy for Personal Accounts

We collect data from account holders

We collect data associated with the use of children’s devices

We collect data using MDM

Advertising & Marketing Policy

1. Advertising to Minors

2. Communications

3. Third-Party Advertising

4. SPAM

5. Cookies And Tracking Technologies

End User Policy

1. Law Enforcement Requests

2. Disclosures of Harm

3. Notice to End Users

Privacy Policy for Children

Who are we?

What do we do?

Online safety incidents

Consent

Our commitment to data protection

Your rights

Contacts

Customer Terms Agreement

1. Introduction

1.1 Your Agreement

1.2 This is a Binding Agreement

1.3 Resellers

1.4 Cyber Experts

2. Account, Billing & Payment

2.1 Age requirements

2.2 Plans

2.3 Promotions & Specials

2.4 Hardware Orders

2.5 Installation

2.6 “Money Back Guarantee” offers

2.7 Bundles

2.8 Price Changes

2.9 Billing currencies

2.10 Commissions

2.11 Bills