RAK COMMENTS: 12/19/2019

SAFERKID PRIVACY POLICY

Last Modified: December 23, 2019

Protecting your privacy is really important to us. With this in mind, we’re providing this Privacy Policy (this “Policy”) to explain our practices regarding the collection, use and disclosure of information that we receive through our Services. This Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services. Also, please note that, unless we define a term in this Policy, all capitalized terms used in this Policy have the same meanings as in our Terms of Service found at saferkid.com/pages/tos. So, please make sure that you have read and understand our Terms of Service.

This Policy is an agreement between you and SaferKid, Inc. This Privacy Policy is governed by and incorporated by reference into the Terms of Service found at saferkid.com/pages/tos, and should be interpreted consistent therewith.

Along with our affiliates, parents, subsidiaries, trustees, directors, officers, shareholders, members, employees, advisors, representatives, subcontractors, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors or anyone acting on their behalf (“SaferKid,” “we,” “us,” or “our”), we provide the Services to you subject to the following terms of this Policy, which you acknowledge, agree to and consent to by clicking “I Agree” below or by using our Services.

This Policy may be amended by us from time to time. Please periodically review the controlling version. By continuing to use our Services subsequent to us making available an amended version of this Policy, you thereby acknowledge, agree and consent to such amendment. This Policy applies to our on-line and off-line information gathering and disclosure practices in connection with our Services.

BY USING OUR SITE, YOU ARE ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS POLICY, AS UPDATED AND AMENDED FROM TIME TO TIME. IF, FOR ANY REASON, YOU DO NOT AGREE TO THE TERMS OF THIS POLICY, PLEASE STOP USING OUR SERVICES IMMEDIATELY.

You represent that you are at least 18 years old and not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. We only store PII (as defined below) about minors if we have received the proper consent. If you are under age 13, your parent or guardian must consent to your use of our Services. If you are between 13 and 16 years of age, you must consent to the use of our Services.

California Consumer Privacy Act

For all California residents, we are not subject to the requirements of the California Consumer Privacy Act because we do not have annual gross revenues of $25 million; annually buy, sell, receive, or share for commercial purposes the personal information of 50,000 or more consumers, households, or devices; or derive 50 percent or more of its annual revenues from selling consumers’ personal information.

Collection and Use of Information

Information Collected or Received from You. Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account if you are a User), and to enable you to enjoy and easily navigate our Services.

You understand and agree by using our Services to the collection, use and disclosure of your individual personally identifiable information (“PII”) as set forth in this Policy. You also agree to have your PII be collected, used, transferred to and processed in the United States and elsewhere.

We have technical, administrative and physical safeguards in place to help protect against unauthorized access to, use and disclosure of the PII and other information we maintain. Access to this information is authorized only for those who have a business need for such access, and PII records are to be retained only so long as necessary for business or legal needs and are destroyed before disposal.

We may collect non-PII about you in a number of ways, including tracking your Internet activities through your IP address, computer or cellular/mobile phone settings or most-recently visited URL. We may also ask you to directly provide certain non-PII about yourself, such as any preferences you have for specific features or Services we provide.

If you report a problem with our Services, there may be additional details requested. Also, if you contact us, we may keep a record of those communications. Should you sign up to an account using other social media platforms, we may also obtain your user name and password details along with other information sent out by the related login page.

We will not sell, dispose, or otherwise transfer your PII to third parties without your consent except as specifically set forth in this Policy. When you choose to supply us with your email address, SaferKid compiles this information in a database with other user information. We also retain the personal information associated with your Account.

Among the additional uses we may make of the data we have from and about you, we may also use or disclose your information:

  1. To enforce Our Terms of Service and this Policy;
  2. To notify you about any changes in or to our Services or other products or services;
  3. To fulfill our legal obligations or to otherwise contact you;
  4. To comply with any court order, law or legal process, including responding to any litigation, government or regulatory inquiry;
  5. To ensure that our website, apps, products and services are presented to you in the most efficient manner for you and us;
  6. To deliver products to you and to improve the design and performance of the website and apps. We may also use your information to deliver to you, among other things, communications, emails, newsletters and marketing materials from us and third parties as you request them or which we feel may interest you, where you have consented to be contacted for such purposes;
  7. To allow you to participate in any interactive features of our website and apps, when you choose to do so;
  8. To provide you with information about products and services we think may be of interest to you or which you have consented to receive;
  9. To administer our website and apps and keep them safe and secure, and for internal operations, including research, statistics, troubleshooting, data analysis, testing, survey and similar purposes
  10. With third party service providers, including payment processors, auditors and others; or
  11. As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to protect the rights, property, or safety of SaferKid, our customers or our Affiliated Parties; (c) to protect our rights, privacy, safety or property, or that belongs to you or others; or (d) to allow us to pursue available remedies or limit the damages that we may sustain.

By using our Services, you consent to us providing your information to third parties that assist us in the operation and delivery of our website, apps, products and services. We will take reasonable steps to require any such third parties to comply with the terms of this Policy.

Account Information. If you create an Account, we may collect certain information that can be used to identify you, such as your name and email address (“PII”). If you purchase a Paid Feature or a Subscription through the Services, we may also collect your Payment Information, which may include PII. We may also collect information that is not considered PII, such as your time zone. We may store your PII alongside any non-PII about you. When you use your Account to set up the Services, we may also collect certain information about your Child that you provide to us, including your Child’s first name, date of birth and time zone (“Child Information”).

App Information. If you install the Child App or MDM Profile on a Target Device, the Services will collect a list of all the mobile applications installed on the Target Device (“App Information”). The App Information we receive is updated through the Services when a new application is installed on the Target Device. We use App Information for the purpose of identifying the applications installed on the Target Device that are subject to SaferKid’s proprietary application rating system and to provide parents and legal guardians with alerts regarding those installations on the Target Device.

Information Collected Using Cookies and other Web Technologies. Like many website and application owners and operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information.

“Cookies” are small text files that are placed on your device by a web server when you access our Services. We may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use Cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Services.

“Web Beacons” (also known as web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many Visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the device, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).

Some third-party services providers that we engage (including third-party advertisers) may also place their own Cookies on your device or use Web Beacons. Note that this Policy covers only our use of Cookies and Web Beacons and does not include use of Cookies and Web Beacons by such third parties.

Information Collected Automatically. Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both Users and non-Users (either, a “Visitor”). Log Data may include information such as a Visitor’s Internet Protocol (IP) address, browser type, operating system, the web page that a Visitor was visiting before accessing our Services, the pages or features of our Services to which a Visitor browsed and the time spent on those pages or features, the links on our Services that a Visitor clicked on and other statistics. We use Log Data to administer the Services and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences.

Information Sent by Your Mobile Device. We collect certain information that your mobile device sends when you use our Services, like a device identifier, user settings and the operating system of your device, as well as information about your use of our Services.

Location Information. When you use our Services, we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or coarse location if you enable location services on your device. We may use location information to improve our Services for you. If you do not want us to collect mobile device location information, you may disable that feature on your mobile device.

Apple Account Data. When you use our Services, we may collect and store data from accounts on devices or computers manufactured by Apple that you legally control. This data includes but is not limited to text message and iMessages history, web browsing history, and contacts.

Mobile Device Management Data. When you use our Services, we may collect and store data from devices that you legally control using Apple's Mobile Device Management API. This data includes lists of installed apps, the universal device ID, etc. Data collected via the Mobile Device Management API is not shared with third parties unless required by law, as part of a transaction for the sale of all or substantially all of the SaferKid's assets, or in aggregate and anonymized fashion. Data collected via the Mobile Device Management API is not used for marketing purposes.

Device Usage History. When you use our Services on Android devices, we may passively collect and store data from the device. This data includes but is not limited to text message threads, web browsing history, contacts, phone call history, and lists of installed apps.

Information We Collect From Children

If our Services are installed on the mobile device of a child under the age of 13, and if those Services collect data requiring us to obtain parental consent pursuant to the Children’s Online Privacy Protection Rule, we will email the child’s parent so that we can verify the parent’s consent to collect information from your child’s device in order to provide the Services. To verify the parent’s consent, we will send the parent a message that can be used to verify the SaferKid account installed on the child’s phone, to notify the parent about our privacy practices, to send the parent communications either about the child’s mobile device usage, and for the other purposes described in this Policy. If the parent does not verify consent for use of the SaferKid on the child’s device within 10 days of receiving the verification email from us, we will delete the parent’s email address from our system, and the Service will not work on the child’s device.

Information that We Share with Third Parties

We will not share any PII, Child Information or App Information that we have collected from or regarding you, or a Target Device, except as described below:

Information Shared with Our Services Providers. We may engage third-party service providers to work with us to administer and provide the Services. These third-party service providers have access to your PII, Child Information and App Information only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your PII for any other purpose.

For example, we may share the following information reflected in your payment information with our third-party payment processing service providers in order to complete a Transaction initiated through the Services: your name, email address, credit card number, expiration date, security code, zip code and the IP address from which you made your purchase.

Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes.

We utilize Google Analytics, a service provided by Google, Inc., that we use to gather information about how Visitors engage with our Site and Services. For more information about Google Analytics, please visit http://www.google.com/policies/privacy/partners/.

We use fabric.io to gather information about crash logs to help us identify bugs in our software. The Crashlytics privacy policy can be found at http://try.crashlytics.com/terms.

We also use Mixpanel to provide us with analytics data regarding your interactions with our Services. You may opt-out of Mixpanel’s automatic retention of data collected while using the Services by visiting https://mixpanel.com/optout/). To track opt-outs, Mixpanel uses a persistent opt-out cookie placed on your device. Please note that if you get a new computer, install a new browser, erase or otherwise alter the browser’s cookie file (including upgrading certain browsers), you may clear the Mixpanel opt-out cookie.

We also use Firebase to gather information about how Visitors engage with our Site and Services. The Firebase privacy policy can be found at https://firebase.google.com/support/privacy/.

We also use AppsFlyer for attribution of installation of applications to advertising channels. The AppsFlyer privacy policy can be found at https://www.appsflyer.com/privacy-policy/.

We also use iOS SDK for tracking installation of applications tied to search ads.

Information Disclosed in Connection with Business Transactions. Information that we collect from Visitors, including PII, Child Information and App Information is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your PII and the Child Information and App Information, may be disclosed or transferred to a third party acquirer in connection with the transaction.

Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose any information about you or your use of the Services (including Child Information and App Information) to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims or other legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.

We also reserve the right to reveal the identity or any PII or other information we know about any user, including any individual, in the event of a complaint or legal action arising from any message from any user to us, any breach of our Terms of Service and/or this Policy, or where such information is otherwise relevant or legally required to be disclosed.

We may log all Internet Protocol addresses accessing the Site and other information about any user Account, user access and may maintain back-up copies of Content indefinitely.

Your Choices

We offer you choices regarding the collection, use and sharing of your PII and Child Information and we’ll respect the choices you make. Please note that if you decide not to provide us with the PII or Child Information that we request, you may not be able to access all of the features of the Services.

Communications. As part of the Services we provide, you may (if enabled) receive notifications, alerts or other types of messages via email or the messaging functionality provided by your mobile device operating system, including free newsletters and e-mails that directly promote our Services (collectively, “Messages”). You have control over the Messages settings, and can opt in or out of these Messages either through your Account or by following the unsubscribe instructions provided in the e-mail you receive. We do need to send you certain communications regarding the Services and you will not be able to opt out of those communications – e.g., communications regarding apps we have found on your children’s devices, Account management or billing or updates to our Services, the Terms of Service or this Policy.

Modifying Your Information. You can access and modify the PII and Child Information associated with your Account through the Services. If you want us to delete your PII and your Account, please contact us at support@saferkid.com with your request. We’ll take steps to delete your information as soon as we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.

To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making changes or modifications. Unfortunately, we cannot always ensure that such changes or modifications will be reflected in all iterations of your information as previously stored.

Please remember that any information you disclose on public portions of any website or application, such as “Feedback”, may become widespread. You should exercise caution when deciding to disclose your personal details, including your PII.

Responding to Do Not Track Signals

Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers. Some content or applications, including advertisements, on the Site are served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Site. The information they collect may be associated with your PII or they may collect information, including PII, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

The Security of Your Information

We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you in connection with your use of the Services (including your PII) from unauthorized access, use or disclosure. When you enter information on our forms, we encrypt this data using SSL or other technologies. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. If you become aware of any security breach, please immediately notify us at support@saferkid.com

Data Transfer

Please note that your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there. By submitting your information, you agree to the transfer, storage and processing of your data in accord with this Policy.

The PII you provide to us is stored on servers that are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure reasonable security of such information. In addition, we restrict access to user PII to those of our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain our Services. Although we take commercially reasonable measures to safeguard against unauthorized disclosures of your information, no e-commerce platform, application, website, electronic database or other format or system is completely secure and, for this reason, we cannot ensure or warrant the security of any information that you transmit to us. You can help protect your PII by using a combination of letters, numbers and characters in your password, changing your password often, using a secure web browser, and signing off our Services when you are finished with their use.

When we collect or transmit sensitive information such as a credit or debit card number, we use industry standard methods to protect that information. A link provided on our Services does not constitute an endorsement of the content, viewpoint, accuracy, opinions, policies, products, services or accessibility of such linked website.

Links to Other Sites

Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-Party Service”). Any information that you provide on or to a Third-Party Service or that is collected by a Third-Party Service is provided directly to the owner or operator of the Third-Party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices and policies of any Third-Party Service. To protect your information we recommend that you carefully review the privacy policies of all Third-Party Services that you access.

Laws in Other Countries

We comply with the United States privacy laws and regulations. We do not represent that our Services are governed by, or operated in accordance with, the laws of other nations or jurisdictions, or that the website or apps or any portion thereof are appropriate or available for use in any particular location. If you choose to access our website and apps, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. By using the Services, visitors from outside the United States acknowledge and agree that our Services are subject to United States laws and regulations, and waive any claims against us that may arise under their own national laws.

Other U.S. Jurisdictions

The information practices described herein comply with federal law. Some U.S. states place additional limits on the sharing of your PII. In accordance with those laws, we will not disclose information we collect about you with unaffiliated companies except as permitted by law, such as with your authorization or consent.

Digital Millennium Copyright Act

We have adopted the following policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole discretion, the expeditious removal of allegedly infringing material.

If you have a good faith belief that your copyright is being infringed by any material on the website or apps, or material to which our website or apps link, please send a notice of claimed infringement, including the information listed below, to our Designated Copyright Agent at:

ADDRESS: SaferKid, Inc. 590 Lipoa Parkway, Suite 110, Kihei HI 96753
Email address: dmca_agent@saferkid.com

To be effective, the notice of claimed infringement must include the following required contents:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing URLs in the body of an email is the best way to help us locate the content quickly);
  • information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted;
  • a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

Questions?

Please contact us at support@saferkid.com if you have any questions about our Privacy Policy.

© December 23, 2019