Family Zone Legal Information

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Family Zone Cyber Safety Limited Privacy Policy Abridged Privacy Policy for Personal Accounts Advertising & Marketing Policy Privacy Policy for Children Customer Terms, Enterprise Customers Terms of Service End User License Agreement End User Policy Cyber Expert Terms Customer Detail & Security Changes to Our Customer Policies 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 Data

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, Messaging 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.
Unless otherwise agreed with you Messaging Data is stored for 12 months and will be deleted earlier if our contract with you ends.
For the purpose of quality assurance, or due to technical limitations we may capture temporal Cyber Safety Data even when End Users have been 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.

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, Enterprise Customers

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Set out below is the Customer Terms. These terms may be updated from time to time, with notice as described herein. In this document Agreement refers to the Customer Agreement between you and us and terms have the meanings set out in our Customer Terms unless otherwise defined in this document or unless the context suggests otherwise.

We are a provider of online safety & security Products and related Services. Our Products & Services are provided to Customers under a Customer Agreement which consists of all of the following:

A Customer Order which sets out the key commercial arrangements and selections of a particular Customer;
Our Customer Terms which set out the legal terms and conditions that apply to all Customers; and
Our Terms of Service which set out the specific conditions within which we supply specific Product or Services; and
Our Customer Policies which set out how we work with Customers, End Users and protect Data. Additionally, End Users of our Products are subject to the End User Licence Agreement which sets out the terms applicable when individuals download, install or use our software.

Additionally, End Users of our Products are subject to the End User Licence Agreement which sets out the terms applicable when individuals download, install or use our software.

We appoint Partners to Re-sell our Products and Services. You may have acquired Products and/or Services from a Partner of ours. Partners are required to Re-sell our Products and Services in accordance with the requirements of the Customer Agreement.

You may, at your absolute discretion, refer other Third Parties to us. This may include for example referring a parent or a guardian to procure Consumer Product. Should a referral result in a Consumer account being then such accounts are separate and independent from your account and the Customer Agreement.

Within the Customer Agreement documents You or "your" refers to the party which has entered into the Customer Agreement contract with us or a Partner. This will be set out in the Customer Order. You accept the Customer Agreement by accepting and signing a Customer Order. Until you do so and on termination of your Customer Agreement you may not use our Products and Services.

We, us, our, Family Zone and Family Zone Group refers to Family Zone Cyber Safety Limited (Australia) and it’s subsidiary companies including inter alia Family Zone Inc (USA), DerbyTech Inc (USA), Smoothwall Inc( USA), Smoothwall Limited (UK), Linewize Limited (NZ), Cyber Education Pty Ltd or a Partner.

Meaning of words

Words used in this document have the following meanings.

Action means any claim, action, suit, inquiry, proceeding, audit or investigation by or before any governmental authority, or any other arbitration, mediation or similar proceeding, including claims or allegations of infringement, inducement to infringe, contributory infringement, and misappropriation.

Affiliate means, with respect to any Person, any other Person that directly, or indirectly through one or more intermediaries, is controlled by, or is under common control with, such first Person.

Associated Parties means in relation to a Party to this Agreement, third parties that service, supply, for the purposes of the relevant party completing its obligations under this Agreement, are delegated, organisations, sales agents, suppliers and customers, Partners, employees and/or device manufacturers or software vendors.

Bundled Hardware refers to arrangements where we sell Hardware in conjunction with our Software Products as a subscription contract.

Business Hours means 8:30 a.m. to 5:00 p.m. Monday to Friday (excluding weekends and any applicable public or federal holidays in your Location unless otherwise specified on the Customer Order.

Business Day means days other than declared public holidays in your Service Location.

Claim means any claim, demand, action, proceeding, judgment, settlement or award, whether at law, under statute, in equity or otherwise, for losses, damages, liabilities, deficiencies, penalties, fines, injunctions, debt, restitution or any other remedy and any costs, charges, expenses or payment.

Code of Conduct means our governance expectations of you set out in these Customer Terms under the heading Code of Conduct.

Consulting means cyber safety, security and technology consulting services provided by us.

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, enterprise or in education and is capable, at law, of entering into a contract.

Contracted Term means an agreed minimum contractual time period for your Customer Agreement. This is set out in your Customer Order.

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

Customer Agreement means a contractual agreement between you and the provider of our Products and/or Services, which may be us or a Partner and which consists of the following documents. These have been listed in order of precedence should any terms within these documents conflict with one another: 1) The Customer Order which sets out the key commercial arrangements with you and which has been signed by you and approved by us; 2) The Customer Terms which set out the legal terms and conditions that apply to all Customers; 3) The Terms of Service which set out the specific conditions within which we supply specific Product or Services; 4) The Customer Policies which set out how we work with Customers, End Users and protect Data; and 5) our End User License Agreement which when individuals download, install or use our software.

Customer Order means an invitation provided to a Customer to purchase or subscribe to our Products and/or Services. The Customer Order will only be binding on us if it includes an acknowledgment that our Products and Services are provided under the Customer Agreement. We may quote you for Products and/or Services. A quote is not a Customer Order until signed by you and then accepted by us.

Customer Data means any data captured by us from you or your End Users in the operation of your account and Products and includes, without limitation, registration information, usage information, information about computing devices and networks and software running on them, geo-location information, system logs, diagnostic data, messages and submitted comments, information, ideas, concepts, reviews, documents and materials.

Confidential Information means any information, however conveyed or presented, that relates to the business, affairs, operations, customers, processes, budgets, pricing policies, product information, strategies, developments, trade secrets, know‐how, personnel and suppliers of the disclosing party, including personal data, and any information recorded in writing and electronically relating to and forming part of the Products, together with all information derived by the receiving party from any such information and any other information clearly designated by a party as being confidential to it (whether or not it is marked “confidential”), or which ought reasonably be considered to be confidential.

End Users means the ultimate users of the Products or is deemed to be an End-User of the Products.

End User Licence Agreement means the software license agreement made between us and End Users relating to the use of our Software Products.

Fees means any fees and charges charged or chargeable by us by you under the Customer Agreement.

GSA Customer means a Customer procuring our Products and/or Services through the U.S. General Services Administration.

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

Insolvency Event means, in relation to a Party, where that Party is: unable to pay its debts as and when they fall due; or states that it is, insolvent within the meaning of relevant insolvency legislation; subject to any arrangement, assignment, moratorium or composition, protected from creditors under any applicable law or dissolved (in each case, other than to carry out a reconstruction or amalgamation while solvent on terms approved by the other party); the subject of an application (not contested in good faith and that is not stayed, withdrawn or dismissed within 30 days of its commencement) made to a court for an order or an order is made, that it be wound up or that a liquidator be appointed to it; has appointed over any or all of its assets, a receiver, receiver and manager, trustee, administrator or similar official; or suffers or incurs anything analogous, or having substantial similar effect to, any of the events described in this definition under the law of any applicable jurisdiction.

Intellectual Property means all intellectual property rights arising from or associated with the following, whether protected, created or arising under the laws of any jurisdiction: trade names, trademarks and service marks (registered and unregistered), domain names and other Internet addresses or identifiers, trade dress and similar rights, and applications (including intent to use applications and similar reservations of marks and all goodwill associated therewith) to register any of the foregoing (collectively, “Marks”); patents and patent applications (collectively, “Patents”); copyrights (registered and unregistered) and applications for registration (collectively, “Copyrights”); trade secrets, know-how, non-public parts of the source code of software, inventions, methods, processes and processing instructions, technical data, specifications, research and development information, technology, product roadmaps, customer lists and any other information, in each case to the extent any of the foregoing derives economic value (actual or potential) from not being generally known to other persons who can obtain economic value from its disclosure or use, excluding any Copyrights or Patents that may cover or protect any of the foregoing (collectively, “Trade Secrets”); and moral rights, publicity rights, database rights and any other proprietary or intellectual property rights of any kind or nature that do not comprise or are not protected by Marks, Patents, Copyrights or Trade Secrets.

Law(s) means any law, regulation, statute, statutory provision or subordinate legislation or any mandatory rules or guidance issued by any regulatory body having jurisdiction over the applicable party.

Legislative Obligations means provisions of consumer trade practices statutes, rules and regulations which may be applicable to our supply of Products to you and which may imply certain non-excludable warranties or conditions or mandate certain statutory guarantees.

Location means the place our Products have been located or installed.

Our Bank means our commercial or transactional banking provider in your jurisdiction. If we do not have a banker in your jurisdiction then Our Bank is Australian bank, Westpac Banking Limited.

Our Intellectual Property means any Intellectual Property owned by us or any Intellectual Property that are licensed to us including Our Marks.

Our Marks means any Marks owned by us or any Marks that are licensed to us.

Partner means a Party that is a party to the Partner Agreement with us to Re-sell our Product and/or services.

Party means a party to your Customer Agreement, being you and us.

Product(s) means hardware and software products provided by us under the Customer Agreement, including products under our brands and may include third party software, open source software and services including information and communication technology, network components and other computing devices.

Regulatory Impediment means where a government, regulatory authority or controlling body of any country or territory in which our Products and/or Services are distributed or made available, imposes any law, restriction or regulation that makes it illegal to distribute or make available them available, or any portion of them, or places a substantial burden on our doing so.

Re-sell means to market, promote and/or sell Products and/or Services to Customers.

Service Levels means our commitments to levels of service as set out in our Terms of Service.

Services means such services including consultancy, delivery, installation, training, managed services, cloud/hosted services or Support Services as are provided by us and/or a Partner to Customers and/or End Users in accordance with the Customer Agreement.

Service Change means changes to our Terms of Service.

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

Support Services means the maintenance and technical support services as set out in our Terms of Service and generally consisting of:

Customer Support being services to deploy, configure, troubleshoot and provide general advice with respect to the Products.
Managed Services being outsourced management, monitoring and configuration of the Products.
Product Support being the Product maintenance and escalated customer support.

Terms of Service means terms applicable to specific Products and Service as set out on our website and subject to change from time to time.

Third Party means a party other than a Party to a Partner Agreement.

Third Party Products means Products offered by us to a Partner for Resale which have been provided to us by a Third Party.

Unbundled Hardware refers to arrangements where we sell Hardware in conjunction without an associated subscription contract for Software.

Force Majeure means any circumstances beyond the reasonable control of the affected party, including fire, flood or other extraordinarily severe weather conditions, acts of God, war, riot or armed conflict, epidemic or pandemic, acts of terrorism, raw materials or labour shortages, failure of suppliers, industrial relations difficulties, strikes, lock‐outs, failure in plant or equipment or similar matters. If you are a GSA Customer the terms of FAR 552.212-4(f) apply.

We, us, our, Family Zone and Family Zone Group refers to Family Zone Cyber Safety Limited (Australia) and it’s subsidiary companies including inter alia Family Zone Inc (USA), DerbyTech Inc (USA), Smoothwall Inc( USA), Smoothwall Limited (UK), Linewize Limited (NZ), Cyber Education Pty Ltd or a Partner.

Interpretation

In our agreements, unless the context otherwise requires:

headings and emphasis are for convenience only and do not affect the interpretation of the 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 the 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, replacement or novation of, that document;
a reference to a party 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 the relevant document agreement and a reference to an agreement includes any annex, exhibit or schedule thereto;
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 the agreement will be construed against the drafter of the agreement will have any application.

Terms of Service: Subject to the Customer Order and acceptance of the Customer Terms, we will supply you with our Products and/or Services. Unless otherwise agreed in writing, you acknowledge and agree that the Products and Services are provided in accordance with the Terms of Service, as may be modified from time to time. You acknowledge and agree that the 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; and
may be subject to Service Changes from time to time at our sole discretion.

Service Change: You agree that we may make a Service Change from time to time. Where we do so 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 penalty and You shall be entitled to a pro rata refund for any fees paid not used; 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 the Terms of Service on our website.

Hardware: We may sell you Bundled Hardware or Unbundled Hardware. We may also provide you Hardware for trial. We retain ownership of Bundled Hardware and Hardware provided for trial. We retain ownership of Unbundled Hardware until it is fully paid for. We sell and supply Hardware in accordance with the Terms of Service.

Subcontractors: You acknowledge that subject to this Agreement we may use Subcontractors to fulfil certain of our obligations under this Agreement and We will remain liable for the actions of Subcontractors at all times.

Primary Responsibility: You acknowledge that you are the registered user of the Products and you are responsible for any use or misuse of them, even if the misuse was committed by an unrelated or related third party.

Compliance: In connection with the Customer Agreement, you agree that you will:

not use the Products for any unlawful purpose;
not take any action that may be construed as being an infringement of any of our Intellectual Property Rights or Third Party Intellectual Property Rights;
not take any action that impacts on another person’s lawful activities; and
comply with all applicable federal, state and local laws and regulations, including but not limited to consumer and privacy laws.

Term: The Customer Agreement commences on the date of the Customer Order and continues until terminated in accordance with the Customer Agreement. Your Customer Order may specify a Contract Term (e.g. annual contract) or a month to month basis. If no end date and/or a term is specified then we will assume a month to month basis. You may cancel use of your Products 30 days prior to the end of Contract Term. If not cancelled your Contract Term will be automatically extended by 12 months (an ‘Auto-renewal’). We may adjust Fees to our current price book for auto-renewals or month to month arrangements and you may cancel your subscription in these circumstances.

Termination: We may terminate the Customer Agreement in the event of a Force Majeure event or if you suffer an Insolvency Event. If a Party fails to comply with, or breaches, any material obligation under the Customer Agreement and such Party fails to remedy such breach (if the breach is capable of remedy) or comply with its obligations within 14 Days of the non-defaulting party’s notice to the defaulting party detailing the defaulting Party’s breach or default, then your Customer Agreement automatically terminates on the date which is the earlier of:

the date the non-defaulting party gives the notice if the breach or default is not capable of being remedied;
the expiration of the 14 day notice period if the breach or default is not adequately remedied.

US Disputes Act: Notwithstanding any other provision of the Customer Agreement for GSA Customers we agree that any recourse against the United States for any alleged breach of the Customer Agreement will be taken in accordance with the Contract Disputes Act. We agree that should a dispute be brought, we shall proceed diligently with performance under the Customer Agreement, pending final resolution of any request for relief, claim, appeal, or action arising under the Customer Agreement. We further agree to comply with any decision of the appointed contracting officer.

Obligations Continue: Notwithstanding termination or expiration of the Customer Agreement, your obligations under the Customer Agreement will continue in full force and effect until:

You have fully paid for or returned in good working order any Bundled Hardware or trial Hardware supplied to you (as determined solely by us acting reasonably); and
All amounts due to us for the period up to and including the termination date under the Customer Agreement have been paid in full.

Service Suspension: If we reasonably believe that our systems may be exposed to potential damage or misuse, or in the event of a Force Majeure, we may reasonably and temporarily suspend your access to our Products and/or Services. This right does not affect or limit any other rights we have under the Customer Agreement. Notwithstanding anything to the contrary in the Customer Agreement, in the event of a Regulatory Impediment either party shall have the right to suspend performance to the extent reasonably necessary.

Effects of Termination: On termination of the Customer Agreement:

Any Fees owing at the date of termination shall be due immediately and any subsequent charges from us will be due immediately upon receipt of an invoice;
Any Fees that have been paid to us at the date of termination shall be deemed to have been fully utilized and no refunds will be available; and
You must immediately return to us at your expense any Bundled Hardware or any other items that we own such as trial hardware and you acknowledge and agree that we will charge you reasonable Fees if you do not do so within 30 Days or where we reasonably asses Product Damage for any returned items;
Any licences or rights granted to you by us will automatically terminate and we shall cease providing you with our Products and/or Services; and
You must immediately cease using our Products and Our Marks.

Fees: Applicable Fees for your ordered Products are set out on your Order or in the case of Auto-renewals, on the associated renewal invoice. You agree to pay us applicable Fees for the Products and/or Services we (or a Partner) supply to you in accordance with your Customer Order or as modified by us from time to time in accordance with the Customer Agreement.

Fees for GSA Customers: Notwithstanding any other provision of the Customer Agreement if you are procuring our Products and/or Services through the U.S. General Services Administration (GSA) you agree to pay us applicable Fees for the Products or Services we supply to you under your Customer Order in accordance with the relevant GSA schedule price list. We (or irrelevant Partner) shall state separately on invoices taxes excluded from the Fees. You shall either pay us the taxes or provide evidence necessary to sustain an exemption in accordance.

Price Changes: Fees for our Products will not be subject to change during a Contracted Term.

Third Party Products: If you have ordered Third Party Products through us then unless otherwise specified in the Customer Order, you will be responsible for paying the cost of any price increases which we pass on to you. We will use our best efforts to mitigate these changes and provide you with prior notice.

Tax: All Fees are set out exclusive of taxes. We will levy taxes where required under local regulations unless you provide evidence of a relevant tax exemption.

Invoicing and payment: Unless otherwise specified in the Customer Order:

Period-related Fees are due from the date the relevant Product is made available to you;
Hardware-related Fees are due from the date of delivery of the items to you;
Invoices will be issued in your local currency;
Invoices are due 30 days from the invoice date;
You have no right of offset against any of our invoices;
Invoices not paid by the due date will bear interest at the interest rate established by the U.S. Secretary of the Treasury as provided in Title 41 U.S.C. 7109;
You must make payments to us free of any withholding tax, and of any currency control or other restrictions; and
Payment is not deemed to have been made until it has been cleared by our bank.

Our Privacy Policy is available on our website and sets out our commitment and undertakings with respect to privacy and data protection as it relates to you and your End Users' information. You agree to:

Comply with relevant local laws and regulations with respect to data protection and privacy;
Respond promptly to our reasonable requests with respect to matters of data protection;
At all times take all appropriate technical and organizational measures against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data; and
Immediately notify us if you receive any complaint, notice or communication which relates directly or indirectly to the processing of personal data under this agreement and provide full co‐operation and assistance in relation to any such complaint, notice or communication.

Legal restrictions on using online safety technology: In the legal jurisdiction within which we provide you with our Product and Services there may be legal limitations (‘Legal Restrictions’) with respect to when and how features such as the following may be used by you:

Filtering technology (permitting the inspection, blocking and reporting of internet activity);
Location tracking technology;
Recording technology (permitting the capture or recording of audio or visual material);
Safeguarding technology (such as key-logging or the scanning of cloud accounts); and
Data capture with respect to the above.

Where such Legal Restrictions are applicable to you, then we will use reasonable efforts to ensure our Products and Services support such Legal Restrictions. Configuration of our Products & Services to meet applicable Legal Restrictions is your sole responsibility. If compliance with applicable Legal Restrictions is not possible within our Product and Services then it is your sole responsibility to not use them and we disclaim all liability.

Legal obligations for notification, consent and reporting: In the legal jurisdiction within which we provide you with our Product and Services there may be legal obligations imposed on you and us (‘Legal Obligations’) with respect to matters such as:

Notification: The notification of End Users, staff, students or their parents or guardians about the use of our Services;
Consent Obtaining consent from End Users, staff, students or their parents or guardians for the use of our Services;
Reporting: Sharing of information captured by our Services in certain circumstances to relevant government bodies, End Users, staff, students or their parents or guardians.

Where such Legal Obligations are applicable, then:

we require you to, and you agree to, perform any and all required actions;
we disclaim all liability; and
unless you are a GSA Customer, you agree at your own expense, to indemnify, defend and hold us harmless from and against any and all Actions brought against us, our affiliates, directors, officers, agents and employees arising in connection with a failure to comply with such Legal Obligations.

Limited Warranty

We warrant that the products will perform substantially in accordance with products written materials accompanying it. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT THE PRODUCTS ARE PROVIDED "AS IS." WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE), AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OF ANY KIND THAT THE PRODUCTS, OR ANY OTHER GOODS, SERVICES, TECHNOLOGIES, INFORMATION, OR MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE OF ANY OF THEM, WILL MEET YOUR OR OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES,INFORMATION, OR MATERIALS EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THIS AGREEMENT, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL OPEN SOURCE COMPONENTS AND OTHER THIRD-PARTY MATERIALS ARE PROVIDED "AS IS" AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF SUCH OPEN SOURCE COMPONENTS OR OTHER THIRD-PARTY MATERIALS. FURTHER, WE HAVE MADE NO REPRESENTATION OR STATEMENT AND GIVE NO CONDITION, WARRANTY OR GUARANTEE ABOUT THE DATES FOR DELIVERY OR RELEASE OF ANY PRODUCTS.

Limitation of Liability

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING STUDENT OR PARENT OR OTHER CUSTODIAN) UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING TORT, STRICT LIABILITY, AND OTHERWISE, FOR ANY LOSS OF USE, PROFITS, DATA, BUSINESS, REVENUE, GOODWILL OR REPUTATION OR FOR SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, ENHANCED, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (IN EACH CASE EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY THEREOF), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PRODUCTS, (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER DATA, OR (c) ANY OTHER MATTER RELATING TO THIS AGREEMENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY (INCLUDING STUDENT OR PARENT OR OTHER CUSTODIAN) UNDER THIS AGREEMENT FROM ANY OR ALL CLAIMS OR CAUSES EXCEED THE AMOUNT OF THE AGGREGATE FEES RECEIVED BY US. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY IN THE AGGREGATE AND WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. IN ADDITION, WE TAKE NO RESPONSIBILITY NOR ACCEPT ANY LIABILITY FOR THE PERFORMANCE OF THIRD PARTIES IN RELATION TO THE PRODUCTS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO (1) PERSONAL INJURY OR DEATH RESULTING FROM LICENSOR’S NEGLIGENCE; (2) FOR FRAUD; OR (3) FOR ANY OTHER MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW.

Indemnity

We agree to indemnify, have the right to intervene to defend, and hold you harmless from any and all Claims brought against you, your affiliates, directors, officers, agents and employees by a Third Party arising from a claim of infringement of copyright or other intellectual property right arising from the use of a Product or Services. This indemnification will not apply in the event that the infringement is caused by your use of the Products or Services in combination with other software, hardware or materials not developed by us, your modification of our Products or Services, your general use of the internet, and/or an allegation made against You or based on actions you took prior to the execution of the Customer Agreement.

Except if you are a GSA Customer, you agree, at your own expense, to indemnify, defend and hold us harmless from and against any and all Actions brought against us, our affiliates, directors, officers, agents and employees by a Third Party:

arising in connection with your breach of the Customer Agreement; or
arising in connection with your unlawful conduct.

Under this Agreement any party’s obligation to indemnify the other arises only if the party seeking to be indemnified promptly notifies the other party within 30 days of learning of an action for which indemnification is sought. If we provide indemnification to you, we retain sole right to direct the defence of and settle any such action and you agree to fully cooperate with any such action.

Third Party Supplier Indemnity

If you have been supplied Products of a Third Party (through us or directly from that Third Party) You acknowledge that there are different Third Party’s terms and conditions relating to supply, service or product.

You agree that you do not own OurIntellectual Property or Our Marks and that you will not make any claim of ownership to or concerning OurIntellectual Property or Our Marks during the course of the Customer Agreement. You agree to use your reasonable endeavours to ensure no party can access the Products in any way which may facilitate the analysis, copying,reverse engineering of the Products, including but not limited to the operating system or copying of any music, video or message files. We reserve the right to claim compensatory or other relief for breach of this term. You agree that other than as provided in the Customer Agreement or as otherwise agreed in writing by us, you will not use, change, add to or modify any Products,related software or configuration.

Confidentiality: Each Party undertakes in relation to the other party’s Confidential Information to maintain the same in confidence and not to make any commercial use thereof or use the same for the benefit of any third party other than pursuant to the Partner Agreement. Obligations with respect to Confidentiality under this clause shall not apply to any information or material which the recipient party can prove:

was already known to it prior to its receipt thereof from the disclosing party;
was subsequently disclosed to it lawfully by a third party who did not obtain the same (whether directly or indirectly) from the disclosing party; or
was in the public domain at the time of receipt by the recipient party or has subsequently entered into the public domain other than by reason of the breach of the provisions of this clause 9 or any obligation of confidence owed by the recipient party.

Disclosures: Each Party shall notify the other Party if any of its staff connected with the provision or receipt of the Products or Services becomes aware of any unauthorized disclosure of any Confidential Information and shall afford reasonable assistance to the other party, at that other party’s reasonable cost, in connection with any enforcement proceedings which that other party may elect to bring against any person.

Agreement: Unless required by law, the terms of the Customer Agreement may not be disclosed by you (other than to its legal advisors) without our prior written consent.

Publicity: Each Party may make public the existence of the Customer Agreement. Other than where required to disclose information under operation of law, by a court order, or by a governmental agency with jurisdiction, neither party will publish or release any public relations materials or make any public announcement relating to the Customer Agreement or the other party without the other party’s prior written consent. Each party agrees to exercise good faith dealing in respect of any such requests.

Your Information: For the purposes set out below; you authorise us, and you undertake to procure if requested by us authorisation from your directors (if you are a company) and trustee/s (if you are a trust) for us to collect, retain and use personal Information (the "Information") about you, your directors and trustee/s (as the case maybe). The purposes for which we may request the Information are:

Checking your credit worthiness;
Seeking to enforce our(or any financier's)rights (as applicable) under your Customer Agreement or at law;
Providing information to or requesting Information from, credit agencies;
Assignment (or potential assignment) of your Customer Agreement to a Third Party; and
Any other purpose reasonably contemplated by your Customer Agreement.

You irrevocably acknowledge that the Information shall be deemed to be held by us for the purposes described above; and where the Information can be readily retrieved, you shall have access to it, the right to request correction and the right to be notified of action taken in response to any such request, subject to payment of any reasonable charge.

Communications: You consent to receive communications from us for purposes reasonably related to your Customer Agreement. If you subscribe to news services from us, you will receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

Customer Communications: We reserve the right to send electronic communications to Customers associated with you covering topics such as technical announcements, Product and Service developments as well as general company news.

Regulator disclosures: We recognize that you may be subject to regulations, such as the (U.S. Freedom of Information Act, 5 U.S.C. 552) which may require the disclosure of otherwise confidential information.

Assignment: You may not assign or transfer all or any of your rights, benefits or obligations under the Customer Agreement without our prior written consent, the granting of which shall be at our sole discretion. Unless the Anti-Assignment Act, 41 USC 6305 applies (in which case we acknowledge the requirement to seek approval for assignment) 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 the Customer 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 the Customer Agreement. The Customer Agreement shall be binding upon and inure to the benefit of the Parties’ successors and permitted assigns.

Assignment and Sub‐Contracting: You shall not assign, novate, dispose of, sub‐licence, sub‐ contract or otherwise transfer your Customer Agreement nor any or all of their rights and obligations hereunder to any third party without our prior written consent (such consent not to be unreasonably withheld or delayed).

Counterparts: The Customer Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original of your Customer Agreement, but all the counterparts shall together constitute the same agreement. No counterpart shall be effective until each party has executed at least one counterpart.

Entire Agreement: The Customer Agreement sets out the entire agreement between the parties in relation to the subject matter hereof and supersedes any previous agreement relating to the subject matter of the Customer Agreement, whether written or oral. Each party acknowledges and agrees that in entering into the Customer Agreement it places no reliance on any representation or warranty in relation to the subject matter of your Customer Agreement other than as expressly set out therein, nor shall have any remedy in relation to the subject matter of the same save as expressly set out in the Customer Agreement, provided always that nothing in this clause or in the Customer Agreement shall operate to exclude or restrict any remedy or liability for fraud or fraudulent misrepresentation.

Enurement: The provisions of the Customer Agreement will enure for the benefit of and be binding on the Parties and their respective successors and permitted substitutes and assigns and (where applicable) legal personal representatives.

Further acts: Each Party will promptly do and perform all further acts and execute and deliver all further documents (in form and content reasonably satisfactory to that Party)required by law or reasonably requested by the other Party to give effect to this Agreement.

Force Majeure: Neither party shall not be in breach of the Customer Agreement, nor liable for any failure or delay in performance of its obligations under this Agreement, where the failure or delay was caused by an event of Force Majeure. If the event of Force Majeure continues for a period in excess of three months after the date on which it began, either party may give one month’s written notice to the other Party terminating the Customer Agreement. Neither party shall have any liability to the other in respect of termination of the Customer Agreement due to circumstances of Force Majeure, but rights and liabilities which have accrued prior to termination shall subsist. For GSA Customers excusable delays shall be governed by FAR 552.212-4(f).

Governing Law: This Customer Agreement shall be construed in accordance with the following table:

If you operate out of this region	This governing law applies	Jurisdiction
United Kingdom	The laws of England	The courts of England
European Union	The laws of the European Union and the country in which the Partner operates	The courts of the European Union and the country in which the Partner operates
United States of America	If you are a GSA Customer then the Federal laws of the United States otherwise the laws of the Commonwealth of Virginia	The courts of Virginia
Australia	The laws of Western Australia, Australia.	The courts of Western Australia
New Zealand	The laws of New Zealand	The courts of New Zealand
Other region	The laws of Western Australia, Australia.	The courts of Western Australia

Non-Solicitation: Neither party shall during the term of the Customer Agreement and for a period of 6 months after its termination solicit or endeavour to entice away whether or not on behalf of itself any of the employees of the other party without the prior written consent of the other party.

Notices: Any notice, approval consent or other communication under the Customer Agreement must be in writing, and delivered personally or sent by prepaid registered post or email to a Party at the address set out in the Schedule or updated from time to time, or to such other address as that Party may from time to time notify to the other for the purposes of this clause. Proof of posting by prepaid registered post or of dispatch of email will be proof of receipt, in the case of a letter, on the third Business Day after posting and, in the case of email, if the sender does not receive an automated email notifying the sender of non-delivery or delivery error in relation to the sender’s email.

Power of Attorney: You irrevocably appoint us and any authorising officer of ours severally to be your attorney to execute all such documents and to do such things as may be required on your part to give effect to the provisions of the Customer Agreement.

Relationship: Nothing in your Customer Agreement establishes a partnership, employment, franchise of joint venture relationship between you and us. You are an independent contractor and you represent and warrant that compensation received from us is not your only source of income. You are not required by us to incur any costs or expenses pursuant to this Agreement. If you do incur costs and expenses, you agree to pay them and not seek reimbursement from us. No payment or withholding of any taxes related to income received by you from us will be made by us. You are solely responsible for withholding and payment of all applicable taxes. Neither party will have the power to bind the other party or incur obligations on the other party's behalf without the other party's prior written consent.

Remedies: The rights and remedies provided in the Customer Agreement are cumulative and not exclusive of any rights or remedies otherwise provided by law.

Severability: In the event that any provision of the Partner Agreement 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 the Customer Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

Third Party Rights: An entity which is not expressly a party to your Customer Agreement shall have no right to enforce any term of the Customer Agreement.

Waiver: No delay or failure by either party to exercise any of its powers, rights or remedies under your Customer Agreement will operate as a waiver of them, nor any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.

Contacts

For customers within the Australia and New Zealand
e: corporate@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: corporate@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: corporate@familyzone.com
m: 11545 West Bernardo Court, Suite 204 San Diego, CA, 92127
p: +844 SAFEWEB (844-723-3932)

Terms of Service

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Set out below is the Terms of Service which forms part of theCustomer Agreement with us. These terms may be updated from time to time, with notice as described herein.

In this document Agreement refers to the Customer Agreement between you and us and terms have the meanings set out in our Customer Terms unless otherwise defined in this document or unless the context suggests otherwise.

We are a provider of online safety & security Products (hardware and software) and related Services (consulting, support, deployments, training, warranties and features within our Products).

Our Products & Services are provided to Customers under a Customer Agreement (also referred to as your Agreement in this document) which consists of all of the following:

A Customer Order which sets out the key commercial arrangements and selections of a particular Customer;
Our Customer Terms which set out the legal terms and conditions that apply to all Customers; and
Our Terms of Service which set out the specific conditions within which we supply specific Product or Services;
Our Customer Policies which set out how we work with Customers, End Users and protect Data; and

Additionally, End Users of our Products are subject to our End User Licence Agreement which sets out the terms applicable when individuals download, install or use our Software. Software means an executable program and/or application associated with the Products.

You may, at your absolute discretion,refer other Third Parties to us. This may include for example referring a parent or a guardian to procure Consumer Product.. Should a referral result in a Consumer account being then such accounts are separate and independent from your account and the Customer Agreement.

Within our Customer Agreement documents You and "your"refers to the party which has entered into the contract with us. This will be set out in the Customer Order. You accept the Customer Agreement by signing and accepting a Customer Order. Until you do so and on termination of your Customer Agreement you may not use our Products and Services. We, us, our, Family Zone and Family Zone Group refers to Family Zone Cyber Safety Limited (Australia) and it’s subsidiary companies including inter alia Family Zone Inc (USA), DerbyTech Inc (USA), Smoothwall Inc( USA), Smoothwall Limited (UK), Linewize Limited (NZ) or a Partner.

Acceptable Use: In using the Products and Services, you agree to use reasonable efforts to ensure that you and End Users associated with your account:

Use the Products and Services for their intended purposes and do not share, resell or supply them for any form of compensation;
Comply with reasonable directions from us and our appointed subcontractors;
Comply with all applicable terms within these Terms of Service;
Comply with applicable laws; and
Do not use the Products and Services in any way that could harm them or impair any other use of them.

Security: Unless otherwise agreed with us in writing you are responsible for providing any and all security or privacy measures for your computer networks and any data stored on those networks or accessed through the Products. We will incur no liability to you in relation to any loss, damage, costs or expenses suffered or incurred by you as a result of your failure to provide that security or privacy.

Privacy: In using the Products and Services, you acknowledge having read, understood and agreed to our Privacy Policy which is available on our website.

Third Party Services and Hardware: Using the Products and Services may depend on you having Third Party services, equipment or software. Unless otherwise agreed with us in writing, you are solely responsible for the costs, installation, maintenance, legality and use of such items.

Provisioning: We may agree in writing to provisioning and installation time targets for individual Products or Services (“Required Dates”). We will use commercially reasonable efforts to, but cannot guarantee that we will, meet Required Dates. Typically we invoice from the date of your Customer Order. If we have agreed to invoice from the date of provisioning or installation then where provisioning or installation is delayed due to your actions or inactions then we reserve the right to begin invoicing you from the agreed Required Date.

Scaling: Products (including any Third party products or services) and Services we supply have been chosen based on our understanding of your requirements. We have made these selections based on information provided by you. If your requirements change (such as the number of users, devices or data throughputs change) then the Products supplied may no longer be suitable for you. You acknowledge and agree that in such circumstances we may need to vary your Products and you will be subject to reasonable fees and charges.

Maintenance: You acknowledge that we may modify the Products and Services. If we make a modification, we will use commercially reasonable efforts to do so in a manner that provides technical and operational continuity. We undertake to provide you with reasonable notice of any modifications however we reserve the right in our sole and absolute discretion to make changes without notice where we believe it necessary to do so. You must comply with reasonable directions given by us or our Subcontractors, agents or Partner for continued and effective operation of the Products and Services. We may issue you upgraded versions of Software automatically. If you decline or otherwise cause us to be unable to perform the upgrade the relevant Products and Services may not operate properly.

Support: You acknowledge and agree that Support will be provided in accordance with our Support Terms (set out below) and the Customer Order.

Assistance: You agree to provide us with reasonable assistance to ensure the ongoing functioning of supplied Products and Services.

Termination: We may terminate your access to the Products and Services immediately if:

You are in material breach of the Customer Agreement;
You have been notified of a 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;
For security reasons; or
You ask us to.

We may terminate your access to the Products and Services on reasonable (usually 30 days) notice if:

You have overdue invoices;
We reasonably believe we need to do so for technical, security or operational reasons; or if
You use a Product in a way that places unreasonable demands on our systems or may impact persons.

Primary Responsibility: You acknowledge and agree that you have primary responsibility for any use and misuse of the Product and Services, even if committed by an unrelated or related party (including End Users) with access to your accounts of Products.

Hardware Used in conjunction with our Products and Services: You acknowledge and agree that you are required to use your reasonable endeavours to ensure that Hardware used in conjunction with our Products and Services is suitable, available and adequately secured and insured.

Reasonable Use Limits: We seek to ensure quality and available Products and Services and we reserve our right to impose reasonable use limits where in opinion these are required. For example if we provide a free trial we may limit the extent of its use. We will provide you reasonable notice where we seek to apply a limit and these will be set out in our Terms of Service. We may reasonably suspend your use of some or all of our Products and Services if you do not comply with our reasonable request.

Filtering technology (permitting the inspection, blocking and reporting of internet activity); ● Location tracking technology;
Recording technology (permitting the capture or recording of of audio or visual material); ● Safeguarding technology (such as key-logging or the scanning of cloud accounts); and
Data capture with respect to the above.

Notification: The notification of End Users, staff, students or their parents or guardians about the use of our Services;
Consent: Obtaining consent from End Users, staff, students or their parents or guardians for the use of our Services;
Reporting: Sharing of information captured by our Services in certain circumstances to relevant government bodies, End Users, staff, students or their parents or guardians.

Where such Legal Obligations are applicable, then:

we require you to, and you agree to, perform any and all required actions;
we disclaim all liability; and
you agree at your own expense, to indemnify, defend and hold us harmless from and against any and all Actions brought against us, our affiliates, directors, officers, agents and employees arising in connection with a failure to comply with such Legal Obligations.

These terms of service apply to situations where we sell Hardware to you unrelated to any contract for the supply of Services. For example we may sell you a redundant appliance.

Acknowledgements and Obligations

Subject to your Customer Order, these terms apply for the sale of Unbundled Hardware:

All risk in sold Products passes to you upon delivery.
All dates and times specified in Customer Order are estimates only. We cannot be responsible for losses or other costs as a result of delays.
You must inspect Products upon delivery. If damage is identified, you must give us written notice and request a return authorization within seven (7) days of delivery or you will have waived any claims for damages and the Products will be deemed accepted. We will pay for the shipping costs to return damaged Products.
We will at our sole discretion either replace or credit your account for any Product proved to our sole satisfaction to have been lost or damaged in transit.
Until we have been paid in full for the Products supplied to you we retain ownership of them and you hold these for us in a fiduciary capacity as a bailee.
We reserve the right to retake possession of any Products which have not been fully paid for.
We will provide or arrange to be provided a warranty compatible with the country in which the Product is sold. This warranty is provided to the Customer.
We will invoice you for the Products inclusive of applicable taxes.

In instances where we agree to provide you with Hardware for trial use or as part of a subscription (called Bundled Hardware) then these terms apply.

Acknowledgements and Obligations

Subject to your Customer Order, these terms apply for the sale of Unbundled Hardware:

Bundled Hardware is personal property, owned by us, and is not a fixture.
Bundled Hardware remains our property at all times.
You only have a right to use the Bundled Hardware for the term of your Agreement and no right to purchase the Bundled Hardware on or before termination or expiration of this Agreement.
Opening the encasings of the Bundled Hardware will be considered Product Damage.
Replaced components become part of the Bundled Hardware once they have been exchanged for any reason.
Additional or different Bundled Hardware provided to you, will be on the same terms and conditions as contained in this Agreement and you agreed to pay all additional Fees which may apply for any additional or different Bundled Hardware.
Any loss or Product Damage to the Bundled Hardware is your responsibility and legal obligation from the date of delivery to you.

You agree to use your best efforts to:

Protect, defend and make clear to others our interest in the Bundled Hardware;
Use the Bundled Hardware for the purpose for which it was designed and in accordance with our/or the manufacturer’s instructions as applicable.
Where you (or parties instructed by you) are installing, configuring or removing the Bundled Hardware that it is done so safely (on the understanding that you are responsible for any Damage that may be caused). You acknowledge and agree that you have:
Acted solely based on your own judgment in accepting the Bundled Hardware under this Agreement.
Not relied on any representation about the Bundled Hardware by us with respect to suitability for any particular use.

You agree to not, without our prior written permission:

Grant another person an interest in, or security over the Bundled Hardware to others for any reason.
Part with possession of or alter the Bundled Hardware in any way.
Move the Bundled Hardware to any other location.

Permitted Actions by us

With respect to Bundled Hardware you permit us to:

Engage Subcontractors to provide, install, maintain, restore and/remove all or any of the Bundled Hardware.
Charge you for repairs to, or replacement of, any Bundled Hardware that is lost, damaged or destroyed until it has been returned to us (Repair Charges).
At any time swap the Bundled Hardware for alternative equipment offering in our reasonable judgment the same functionality.

Effect of Termination

On termination or expiration of your Agreement for whatever reason you are required to return the Bundled Hardware to us within 30 days at our registered office and pay for any costs of delivery.

If you do not return the Bundled Hardware to us on termination or expiration of our Agreement within this 30 day period then we are entitled to invoice you a reasonable market value of the Bundled Hardware.

If Bundled Hardware returned to us is with Product Damage we are entitled at our election to:

charge you for the cost of repairs; or
invoice you for the market value of the Bundled Hardware.

Hardware on a Service Term

We may provide you with Bundled Hardware on a service agreement with a set term. Where we do so the term will be set out on your Customer Order. For example, we may supply you with hardware on which our Services operate and we may support that hardware under a contract for a 3-year term. In these circumstances, you acknowledge and agree that at the end of the said term we are under no obligation to continue to support the Bundled Hardware. At that time, you must either purchase new hardware from us, purchase an extension of Support or cease using the Bundled Hardware and return it to us at your cost.

These terms apply with respect to customer and product support services we may offer to provide you.

Specific Terms

In addition to meanings set out in our Customer Terms, the following terms apply in this section. Excluded Event means:

a breach of this Agreement by you;
a Force Majeure event;
any act or omissions of a Third Party which affects the function or performance of the Products;
a negligent, fraudulent or wilful act or omission of you or your personnel or an End-user; or
a failure of any of your or an End-user’s Customer’s equipment.

Defect means a fault in a Product or Service 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 Product or Service and includes, without limitation, user guides, procedures, training manuals, videos, tutorials, brochures and manuals.

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

Components or Parts means any component part or complete unit of a Product;

Improvements means any modification or enhancement to the Products or Services, which in our sole opinion, in any way whatsoever improves them.

Patches means temporary software programming, subroutines or workarounds produced after the Commencement Date to overcome errors or to improve the performance or operation of the Products or Service without significantly altering the performance characteristics or adding additional functionality.

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

Managed Services means the outsourced management, monitoring and configuration of Products or Services.

Structure of our Support Services

We may offer you Support services. Where we do so, it will be included in your Customer Order. Subject to your Customer Order and the terms set out below we will provide or procure:

Technical Support: For business hours deployments, configuration and escalations;
Product Support: For our Products and Services;
Managed Services: Offering ongoing management of a Product or Service; and
Vendor Product Support: Offering support for 3rd Party branded Products or Services.

Acknowledgments and Obligations

As soon as you become aware of any potential or actual Defect, you must promptly report that to us by contact methods notified to you by us from time to time.

Before reporting a Defect to us, you must take all reasonable steps to ensure that it is not caused by an Excluded Event. This includes where caused by a fault in any equipment or services located on your side of the service delivery point. If we investigate a Defect and determine that the defect is attributable to any equipment or services on your side of the service delivery point we will use commercially reasonable efforts to inform you of the Defect and its probable cause and location but will bear no further liability or responsibility; we may charge you for any costs that we incur in investigating the Defect; and if we agree to rectify the defect, we may charge you the fee for service charges set out in the Order if any) and otherwise the fee for service charges set out in the standard pricing table in respect of any work performed. If we investigate a defect and determine that the Defect is attributable to any equipment or services on our side of the service delivery point, then where we determine that the Defect is in equipment provided by us, we will be responsible for rectifying it in accordance with the Agreement; and where we determine that the Defect is in equipment within a supplier network, we will inform the supplier of the Defect and request its rectification.

If we investigate a Defect and determine that it is attributable to an Excluded Event, then we may charge you for any costs which we incur in investigating and rectifying the Defect.

You must provide all necessary assistance to enable location and rectification of any Defect, regardless of whether that Defect is the responsibility of us or a Third Party.

Where we or a Third Party vendor has stipulated a Hardware and/or Software compatibility list or configuration, you must adhere to these guidelines. Any work arising from non-compliance with these guidelines will be chargeable. The Service Levels table set out below shows our target Defect response and rectification times. Such targets are measured from the time that the Defect is reported to us or we become aware of the Defect. We will use commercially reasonable efforts to meet the target timeframes referred to below, but do not make any guarantees that such targets will be met.

Unless specifically agreed by us in writing, we do not promise to monitor use of the Products and Services. End-user activity is your responsibility. You should not rely on us to contact you or to suspend your use of Products of Services in the event of excessive or unusual activity.

Where you have requested and we have agreed in writing to provide onsite visits, the frequency and length of the scheduled onsite visits may change throughout the term of our Agreement by mutual agreement; and unless agreed with us otherwise visits on public or federal holiday or weekends and work outside the scope of Managed Services will be chargeable.

Support Fees

Chargeable support Fees are listed on our pricing schedule which you may request from us at any time. We may include bundled support hours in which case this will be specified on your Customer Order.

Support Fees will be chargeable where support work is:

Not included within the scope of our Support services; and
Relates to the investigation or remediation of an Excluded Event.

Technical Support

We (or our Partner as applicable) will provide you with Technical Support under these terms. The objective of Technical Support is to assist Customers to deploy, configure and use the Products and Services and to resolve any questions or issues they have and to escalate and expedite any identified problems. Technical Support functions may be provided by us or a Subcontractor as agreed with you in your Customer Order. Technical Support responsibilities consist of:

Supporting you and End Users with deployment, configuration, documentation and advice;
Fielding your and End User questions and complaints;
Information/data gathering and initial diagnosis;
Resolving problems and implementing configuration changes;
Detailed investigation of escalated problems and calls;
Where mutually agreed, performing (including the review and testing) configuration changes;
Identifying known problems and applying the known solutions to those problems; and
Escalating defaults and complex questions to relevant Third Parties and to Product Support.

Service Level Targets for Technical Support

Times set out below are during Business Hours (at your location).

Level/priority	Technical Support		Notes
Level/priority	Respond	Resolve	Notes
P1 - Critical Incidents	1 hr (business hours)	2 hrs (business hours)	Reserved for Infrastructure outages/critical systems. Examples include: A reduction in capacity of traffic handling capability such that a major part of the traffic load cannot be handled by the system. Significant loss of service in a business critical area. Loss of safety or emergency capability.
P2 - Major Incidents	2 hrs	4 hrs	Examples include: Reduction in capacity handling or traffic measurement function. Repeated short outages greater than 2 minutes every 24 hours or continuing over longer periods. Degradation or loss of access for operations and maintenance functions or routine admin functions. Degradation of the system’s ability to provide any system notification of critical or major alarms.
P3 - Minor Incidents	4 hrs (business hours)	2 business days	Examples include: Restored SL 1 or 2 calls under observation. Processor restarts with no traffic impact. Any small impact on the system that impacts call processing, traffic handling or End User but does not prevent operator delivering service to the End Users. Serious impact on operations and maintenance functionality. Any condition that does not impact the functionality of the system or impact service to End Users.
P4 - Low Priority	1 business day	5 business days	All Customer calls are default logged as LOW (priority 4) until triaged. Examples include: Single user affected, but operational. Problem has a temporary workaround. Partial failure of redundant service. Performance issues. General questions, feature requests or requests for information.

Product Support

Product Support relates to support for our branded Products or Services.

The objective of Product Support is to maintain the Products and Services and to deal with escalated issues and problems. Product Support is provided by us.

Product Support consists of:

Ascertaining if a problem is caused by an error in the code or some other component or in system design;
Applying bug fixes to the code and releasing code revisions containing bug fixes together with appropriate release documentation;
Investigating problems in Third Party products and identifying any known problems;
Releasing patches to Technical Support teams for implementation.

Managed Services

If we have agreed to provide you with Managed Services, then the following terms apply.

If your provider of Managed Services is a Partner of ours then these are our default terms, however you may agree alternative arrangements with them.

You authorize us to install any remote management tools as we deem necessary for the purpose of managing our Products and Services.
You authorize our access to your environment for the purpose of managing our Products and Services.
Where the supply of a Product or Service requires functionality from your IT infrastructure, you are responsible for ensuring that that functionality is present.
If you request onsite support and we believe we are capable of completing required support tasks remotely, we will treat the request as chargeable.
The Managed Services Table set out below shows the matters and actions that are in and out of the scope of our Managed Services.
We make no warranty on the integrity of software released by Third Party vendors, including but not limited to patches, hotfixes, updates and device drivers. As such, we are not liable for any damages caused by the application, automated or otherwise, of this software as part of our Managed Service. Any remedial work to resolve issues caused by the application of vendor released software is out of scope of Managed Services.
We make no warranty on the effectiveness of security, anti-virus and anti-malware products or services. Any remedial works for issues caused by security, virus or malware infections that were not captured by the said measures are considered out of scope of Managed Services. Where we provide you with internet security, whilst we do so with due care no system, product or service can claim to be completely secure.
Where we or a Third Party vendor has stipulated a Hardware and/or software compatibility list or configuration, you must adhere to these guidelines. Any work arising from non-compliance with these guidelines will be considered out of scope of Managed Services.
Other than Bundled Hardware, we are not required to provide support for Hardware or software which is no longer supported by the relevant vendor (End of Life). Where we become aware that Hardware or software has reached, or is imminently approaching End of Life, we will use commercially reasonable efforts to notify you, however, we are not liable for any failure to do so.
Included hours of Managed Services will be specified in your Order.

In Scope	Out of Scope (Chargeable)
Monitoring of agreed Product performance parameters Critical Incident management Remote assistance with deployment, and configuration Recommendation on set up Management of warranty claims	Onsite support Network and infrastructure management and support Hardware management - servers, network infrastructure and connected devices

Vendor Product Support

If we have agreed to provide you with 3rd party branded Products, then we may procure on your behalf support from the manufacturer or vendor of that product (“Vendor Product Support”). Where we do so then these terms apply. You agree to adhere to guidelines, requirements and instructions from the relevant provider of Vendor Product Support (“Vendor Instructions”).

You acknowledge that any work arising for us from your non-compliance with Vendor Instructions will be chargeable by us to you.

Where Vendor Product Support is provided for a set term (for example a 3 year support contract) then at the end of the said term we are under no obligation to procure support for you and you must at that time either purchase an extension of support or cease using the relevant product.

Cyber Experts refers to our in-house Education and Wellbeing team, staffed with professionals in areas of online safety, child development, psychology, education, public safety and more. Some of our Products and Services provide you with access to the expertise, advice and recommendations of our Online Safety Experts.

You acknowledge and agree that:

Our online safety expert advice is Intellectual Property
Advice provided by our Online Safety Experts is Intellectual Property and may from time to time include personal information. You agree to keep Online Safety Expert advice under the strictest confidence and not share, sell or use the advice other than as specifically permitted in your Agreement.

We make no promises with respect to online safety expert advice
Advice provided by our Online Safety Experts is provided on a reasonable endeavours basis and we are not liable for any direct or indirect loss or damage whatsoever resulting from your or any other party’s use of it (as further described in our Customer Terms). You agree to be prudent when dealing with the advice of our Online Safety Experts and in particular with respect to actions taken based on this advice.

Our Services may offer the ability for End Users to communicate with school staff, parents and other users. Where we do so, in addition to terms set out in our Privacy Policy, these conditions apply.

You acknowledge and agree that:

We do not moderate messages
Our messaging service does not moderate content in our messaging services. We are not responsible in any way for the content submitted by the End Users. If you use our Safeguarding Services then we may capture and flag messages for escalation.

We store messaging for the account owner
We will capture, store and share message content in accordance with our Privacy Policy and the relevant contractual terms with the relevant account holder. For example if the messaging service is provided to our school client then handling of messages is governed by that relationship and not the parent/child relationship.

Our Services include features which allow implementation of acceptable use policies for students using school devices, networks or services. These include:

Applying web filtering for personal and school owned devices;
Reporting on user activity including internet search, internet browsing and app usage
Flagging internet activity considered risky or inappropriate

If you have subscribed for such features then these terms apply.

You can configure when you want to apply filter
Our services allow configuration of when you would like filtering to apply for example you may wish to disable filtering or reporting after school hours. This may be necessary for you to ensure compliance with relevant legal restrictions or school policy. As set out in our Agreement, you are solely required to ensure you are compliant with any applicable legal or policy obligations in.

We make no promises with respect to filtering
Filtering is inherently challenging and whilst we will apply reasonable efforts, we make no promises with respect to the proper categorization, application of filtering policy, reporting of activity, flagging of risky activity or the timeframes for delivering reports or alerts.

Filtering relating to sensitive data
As a matter of policy sensitive data (such as relating to an individual’s health, sexuality, religion & politics) is not relevant to filtering however categorization of internet activity may be adjacent to sensitive data. For example sexual content and sexuality.

You are responsible for your personnel
You are responsible for ensuring persons with access to configure filtering rules and accessing filtering data are properly trained and supported. This includes ensuring that such personnel do not inappropriately deal with, act upon or share data or sensitive data.

You are responsible for reporting and sharing flagged activity
If you report or share information we provide to you then you do so at your own risk; we take no responsibility for you doing so and you indemnify us in accordance with our Agreement.

Our Services include features which allow behavioural monitoring, incident management and mandatory reporting. These include:

Monitoring features which can log keystrokes and scan devices and End User(cloud) accounts for the purpose of protecting End Users with respect to matters such as bullying, self-harm, radicalisation etc. (concerns).
Moderation services whereby we provide human review of concerns.
Recording features whereby we support the logging of incidents and reporting to relevant parties and authorities.
Escalation features whereby we communicate and escalate concerns to agreed parties and within agreed timeframes.
Reporting capabilities where incidents can be properly logged for the purpose of reporting to relevant bodies. If you have subscribed for such features then these terms apply.

You acknowledge and agree that:

You can configure what Activity may be flagged
Our services allow configuration of types of activity that may be captured and flagged for escalation. This may be necessary for you to ensure compliance with relevant legal restrictions or school policy. As set out in our Agreement, you are solely required to ensure you are compliant with any applicable legal or policy obligations in.

We make no promises with respect to captures, moderation or escalation
Activity captures (e.g. data captured by key logging, screen captures, file scanning or cloud account scanning) is analysed by our technology and if applicable our human moderation team. If deemed applicable by us at our sole discretion our moderation team will escalate flagged activity to your designated personnel through agreed communications channels.

We will apply reasonable efforts however we make no promises with respect to the capture or flagging of activity or the timeframes for moderation or escalation or the delivery of communications.

We will not store child sexual material
Our captures may detect images and videos which contain child sexual material. It is our policy to not knowingly store such material or report such material to authorities. We will log case notes where such material is flagged. We will not delete such material from student devices or school services. Where possible, in the instance of cloud services, we will attempt to quarantine such material and provide restricted access to designated school personnel.

We do not use sensitive data
As a matter of policy sensitive data (such as relating to an individual’s health, sexuality, religion & politics) is not relevant to safeguarding however sensitive data may be captured where adjacent to flagged activity and made available to your designated personnel.

You are responsible for your personnel
You are responsible for providing us with details of approved personnel to obtain flagged activity. You are responsible for ensuring such persons are properly trained and supported. This includes ensuring that such personnel do not inappropriately deal with, act upon or share data or sensitive data.

You are responsible for reporting and sharing flagged activity
If you report or share information we provide to you then you do so at your own risk; we take no responsibility for you doing so.

We won't share concerns with parents or students unless required or have appropriate agreements in place
Safeguarding is a service which we provide to educational institutions for whom we expect will have appropriate training to properly handle such matters. Our service is not designed to deliver alerts to lay-persons such as parents as additional interpretative guidance and contractual arrangements would likely be required.

Accordingly, the sharing safeguarding concerns to parents or students is a matter for you.

We act on your behalf
If you request us to escalate incidents and/or share data relating to incidents and associated students then we do so as your agent in accordance with our Agreement. You are responsible for ensuring your instructions to us are lawful and proper consent has been obtained.

Our products permit schools and parents / guardians to collaborate in online safety with features which may include:

Schools creating accounts or inviting parents to create accounts for parents/guardians
Schools and parent/guardians sharing data
Schools and parent/guardians sharing policy control of devices

We call these features Community.

If you have subscribed for such features then these terms apply.

You acknowledge and agree that:

We rely on the parent & student information you provide
Our Community service allows parents to connect their parental control accounts with our school services. To do this we check that the parents' contact details are verified as owned by them. We also cross check these details with the student record provided by you.

Student records can be uploaded by you into our systems or you can permit our systems to sync with your student information systems. Either way we rely on the data you provide to connect accounts and share visibility & control with parents.

IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THE STUDENT RECORDS ARE ACCURATE.

You can permit limited sharing of student data to parents
Our services allow you to involve parents in your online safety programs through Community. If you enable Community then if parents can verify ownership of a contact method stored in your information systems they can connect their Qustodio account to the student account.

Once ‘connected’ parents have access to summary data on student activity as follows:

Includes allowed categories of internet content when school policy is applying
Excludes blocked categories, internet searches or access to videos or location data

If you don’t want to provide this access to parents then you should not enable / disable the Community feature. If you enable Community then you do so at your own risk; we take no responsibility for you doing so and you indemnify us in accordance with our Agreement.

Parents can choose to not Connect accounts
Parent Qustodio accounts are not automatically linked to student accounts.. Connection of accounts must be accepted and may be removed by the parent or the school.

We provide parents with access to online safety expert advice
The Qustodio App enables parents to access advice from our Online Safety Experts. If you have subscribed to our Online Safety Hub then this is the same advice resident in the Hubs.

We will not use school data to market to students or parents
We will not use school data such as parent contact or student details to market to parents or students whatsoever. Any referral of parents to our Services, such as Qustodio , is at your sole discretion.

Parents in your community have access a free version of Qustodio
Subject to your Customer Order we will offer parents in your school community access to a limited free version of Qustodio. The features of this offering may change from time to time.

When installing Qustodio, parents must accept their terms and conditions related to the Qustodio Service. This includes matters relating to communications and privacy. Parents, with a Qustodio Service, may at their sole discretion upgrade to a paid version of Qustodio in accordance with Qustodio’s standard terms and conditions.

Online Education refers to online courses provided by our in-house Online Safety Experts, staffed with professions in their areas of online safety, child development, psychology, education and public safety.

You acknowledge and agree that:

Our online safety expert advice is our Intellectual Property
Content and advice provided by our Online Safety Experts is Intellectual Property. You agree to keep such content under the strictest confidence and not share, sell or use the advice other than as specifically permitted in your Customer Agreement.

We make no promises with respect to online safety expert advice
Content and advice provided by our Cyber Experts is provided on a reasonable endeavours basis and we are not liable for any direct or indirect loss or damage whatsoever resulting from your or any other party’s use of it (as further described in our Customer Terms). You agree to be prudent when dealing with the advice of our Online Safety Experts and in particular with respect to actions taken based on this advice.

We make a number of authentication methods available
When providing online education modules we create individual accounts for each registered student in our learning management system. This is so we can provide individual insights back to the student and you. We have a number of different authentication (or sign-in) methods to cater for creating these accounts and ensuring practical methods are available for students, of all developmental levels.

When you subscribe to our Online Education Service you will choose an authentication method and accept the associated acknowledgements from those set out below.

Authentication method	Your acknowledgements
StudentID and Generic Password Under this method students are created with their school ID/email addresses as their username and are provided a generic password. This may be unique to the school or class or other grouping.	You acknowledge that this method is designed to simply sign in by students and is open to students or others signing-in to other’s accounts. While we endeavour to limit the personal information available in our learning management systems we take no responsibility for any compromise of student information.
StudentID and Generic Code Under this method students are created with their school ID/email addresses as their username and a password is generated by us for them using a mixture of their name and a code eg johnONA22.	You acknowledge that this method is designed to simply sign in by students and is open to students or others signing-in to other’s accounts. While we endeavour to limit the personal information available in our learning management systems we take no responsibility for any compromise of student information.
StudentID and SSO Under this method we use the institution's Single-Sign-On services to sign-in students to their learning system account.	You acknowledge that we take no responsibility for the third party single sign on services. While we endeavour to limit the personal information available in our learning management systems we take no responsibility for any compromise of student information.

We may provide free offers to you from time to time in times of need. We call these “Special Support”. When we do so, subject to the Customer Order and the Customer Terms, the following terms also apply. These terms are intended to ensure we can provide a quality service.

You acknowledge and agree that:

Special Support is not forever
We reserve the right at any time and without notice to impose restrictions on the provision of Special Support, including which clients can take-up offers and usage limits.

We reserve the right at any time but with 60 days’ notice to cease providing the Special Support to you.

Special Support is provided on a as-is basis
Products and Services supplied under Special Support are provided on an as-is basis. We cannot promise to comply with our standard terms of Support.

Special Support is provided with reasonable use limits
Products and Services supplied under Special Support are subject to our reasonable use policy. Under this policy we reserve the right to limit access to the Special Support. Our standard limits are 500 students and 50 classes per school and 5,000 students and 250 classes per school group. We may exercise discretion in applying our limits and may need to change these limits at any time.

In accordance with our Privacy Policy you have rights to request the data of yours that we hold and you may request its removal.

You acknowledge and agree that:

You must make a formal request
So we can properly deliver on your request please email our privacy team at privacy@familyzone.com.

We will take reasonable steps
We will take reasonable steps to act on your request in terms of response times and what can be or should be accessed or removed. If, in our reasonable opinion, the data that is the subject of your request is not yours or not personally identifiable then we need not act on your request to that extent. We will communicate this to you.

Your data may be retained temporarily in secure backups
To ensure continuity of our Services and as permitted by data protection laws globally your data may be stored in secure backups. These backups are typically stored by use for no more than 30 days at which time your backed-up data will be purged.

End User License Agreement

This End User License Agreement applies to you if you:

have purchased a Product from us or where you are otherwise a holder of an account with us;
use our Software and you are legally competent to enter into this End User License Agreement with us; and/or
Are a Customer who use the Product
Are a Customer who appoints End Users;.

In this End User License Agreement “you” means End Users or are deemed to be an End-User and Software means an executable program and/or application associated with the Products.

Your obligations in this End User License Agreement with respect to End Users is to use reasonable efforts.

Our Software is proprietary and contains material that is protected by copyright and intellectual property laws. Our Software is licensed, not sold. We and the applicable licensors retain all right, title and interest in the Software (including any upgrades, updates or any modifications thereto and/or new versions thereof), and all computer programs,related documentation in whatever form, screen displays, images and other information contained therein or related thereto, and all patents, copyrights, trademarks and all otherIntellectual Property Rights and other rights with respect thereto. Subject to the terms and conditions of the Customer Agreement and in consideration of the applicable Fees, we grant you, solely during the term of the Customer Agreement, a non-exclusive, limited, personal,royalty-free and non-transferable term license, subject to and conditioned on your compliance with the restrictions set herein, to as applicable install, access and use Software provided to you by us solely for your internal business use and in accordance with our reasonable instructions. You do not acquire any rights, express or implied, in the Software other than those specified in this Agreement.

You may not sell, distribute, sublicense,rent, lease, assign or grant any rights to the Software or use the Software except as provided under this Agreement.

You may not and agree to take reasonable efforts to ensure no copying,reproduction, creation of derivative works, reverse engineering, disassembly, decompilation or other attempt (i) to defeat, avoid, bypass,remove, deactivate or otherwise circumvent any software protection mechanisms in, or(ii) to derive the source code of the underlying ideas, algorithms, structure or organization from the Software except to the extent required by law. You also may not in any other way alter, translate, modify or adapt the Software, nor may you export the Software.

You may not and agree to take reasonable efforts to ensure the Software is not used to upload, transmit, or transfer any data, information, materials, or content to us or any Third Party other than transmissions or transfers of information necessary for the intended use of the Software.

You may not and agree to take reasonable efforts to ensure the Software is not used for any illegal purposes.

This license is only effective during the term of this Agreement. We may terminate your rights under this license at any time without notice if we reasonably believe that you have violated any terms of this Agreement.

Your ability to use the Software depends on the compatibility of your systems or devices. Unless otherwise agreed with us in writing, ensuring such compatibility is your responsibility.

If you or an End User associated with your account (collectively for the purpose of this clause “you”) have downloaded any our Software from a third party App Store, such as the Apple iTunes Application Store or Android Marketplace (the “App Store”), the following additional terms apply:

Acknowledgment: Your license to use the Software is between you and us only.
Scope of License: Your license to use the Software is non-transferable and applies only on a singular device that you own or control. Your license is subject to specific rules provided by the App Store. These are available from the App Store.
Maintenance and Support: The App Store is not responsible for providing any maintenance or support of the Software.
Warranty: We and not the App Store are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed by us. Notwithstanding, in the event of any failure of the Software to conform to any applicable warranty, if you make a claim against the App Store it will be limited to the maximum extent permitted by applicable law to the purchase price for the Software within the App Store and the App Store will have no other warranty obligation whatsoever with respect to the Software.
Product Claims: We and not the App Store are responsible for addressing any claims relating to the Software or your possession and/or use of the Software including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You and we acknowledge that, in the event of any Third Party claim that the Software or your possession and use of the Software infringes that Third Party’s Intellectual Property Rights, we and not the App Store will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
Legal Compliance: You warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: We are Family Zone Cyber Safety Limited ABN 33 167 509 177 of 945 Wellington St, West Perth WA 6005 AUSTRALIA. You can contact us through our website www.familyzone.com. All of your questions, complaints or claims with respect to the Software must be directed to us there.
Third Party Beneficiary: You and we acknowledge and agree that the App Store and all related parties (including subsidiaries) are Third Party beneficiaries of this License and, upon your acceptance of the terms and conditions of this License, the App Store will have the right (and will be deemed to have accepted the right) to enforce this License against you as a Third Party beneficiary thereof.

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.

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.

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.

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.

Changes to Our Customer Policies

We may, from time to time and in our sole discretion, make changes to this policy. We will provide notice to you by email (if you have provided us with one) or when you sign in to your account for the first time after the change.

We will ask you to review and agree to the changes. If you agree to the changes, simply continue using the Products (which will be deemed acceptance of the updated policy). If you object to any of the changes, immediately notify us at the contact information below.

How To Contact Us

If you have any questions about this Privacy Statement, the information that we collect from you or your End Users, or the Products, please contact our Privacy & Data Protection Officer as follows:

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)

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 Data

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

9. Changes to Our Customer Policies

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

Privacy Policy for Children

What do we do?

Online safety incidents

Consent

Our commitment to data protection

Your rights

Contacts

Customer Terms, Enterprise Customers

1. Background

2. Interpretation

Meaning of words

Interpretation

3. Provision of Products & Services

4. Term and Termination

5. Commercial Terms

6. Data Protection

7. Legal Restrictions and Obligations

8. Warranties and indemnities

Limited Warranty

Limitation of Liability

Indemnity

Third Party Supplier Indemnity

9. Intellectual Property

10. Confidentiality

11. General

Contacts

Terms of Service

1. Background

2. General Obligations and Acknowledgements