iKydz provides services to you so that you can manage and monitor the internet activity on your family members’ devices, visitors and others (“Users”) within your Home Network or connected to your iKydz Account through your iKydz Customer Portal, the iKydz Parent App and related Products and Devices, collectively known as “iKydz Services” (as defined in the iKydz Terms and Conditions of Use). These iKydz Services also include optional services for safe internet search, geolocation and reporting of internet activity. The purpose is to enable you to manage the use of these devices by their Users, when and to the extent that such activity is permitted by applicable law and without infringing the rights of others (including the fundamental rights of Users) or other applicable regulations.
The purpose of collecting, using and processing Your Data by iKydz is to comply with our obligations and responsibilities to you when you avail of the iKydz Services and the use of the iKydz website. When you buy or use the iKydz Products and Services and the iKydz website you are agreeing to our Terms and Conditions of Use.
iKydz defines Your Data in two parts:
Account Data, as defined in Section A below
User Data, as defined in Section A below
iKydz is responsible for and is the Data Controller for your Account Data and you are responsible for your User Data.
Please note that you are solely responsible for the configuration and use of the iKydz Services parental control applications, as well as the processing of User Data associated with your account which includes, among others, collecting, storing and analysing Personal Data and Non Personal Data from device Users. The iKydz Services automatically deploy the configuration set by you when using the iKydz customer portal or iKydz Parent App. You can change those configurations at any time and provide instructions to iKydz to limit and/or erase any data collected.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
For further information on your privacy rights within the EU please visit www.gdprandyou.ie.
“Personal Data” means any information (this would include information specific to the natural subject or other information when gathered together) relating to an identified or identifiable natural subject who is living; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a first and last name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, genetic, mental, economic, cultural or social identity of that natural person. iKydz gather this information from various sources including: email address, a home, postal or other physical address, other contact information (including information discoverable via access to your mobile device’s operating system), and other information, including information that you submit to or save within the iKydz Services.
“Non Personal Data” means any identification information may include the browser name, IP address, the type of device and technical information about Users means of connection to our website, such as the operating system and the Internet service providers utilised and other similar information, as well as tracking behaviour on what pages and products are viewed, added to cart and purchased.
“Account Data” means your iKydz Account Data that includes the contact and other personal information that you supply us in order to create your account, provision the iKydz Services for you and to allow us to interact with you for the purpose of technical support, billing and other legitimate interest purposes.
“User Data” means information on your Users and their Devices that are connected to the iKydz Services by you, including non personal data, personal or sensitive data acquired or stored, in order to utilise the parental control services using the iKydz customer portal or iKydz Parent App. This also includes information about your Users’ devices, websites and apps that your Users use, contacts, connections, payments, messages and other communications, posted and received content, etc.
“User Content” means content uploaded, submitted or received by Users such as feedback, information, updates, comments, text, images, photographs, videos, notes, sounds, data, posts and suggestions.
“User” means any natural person that have consented to their devices being managed using the iKydz Account either through the installation of iKydz Software and/or using an iKydz network.
“iKydz Account” means the account created by you in order to access and use the iKydz Service.
“Website User” means any visitors to any iKydz websites.
B. The Information that the Company Collects
- When browsing our websites
If you browse our websites, we collect information according to our Cookies Policy.
- When you register for iKydz Services
When you register to use the iKydz Services, you will provide us some Personal Data including your name, your email address and your phone number. We also need you to provide the iKydz Unit ID, which is provided when you associate your iKydz Unit with your iKydz Account. We need this information to provision your account and also to be able to continue to provide the iKydz Services to you.
You may opt in to receive promotional offers and communications from us. These preferences and choices may be collected and analysed for business purposes only.
We only collect your information and your Personal Data when you voluntarily provide it to us. For example, when you use the iKydz Service, or when you contact our customer support or when you purchase products through our website. You do not need to provide us you’re your Personal Data. However, without providing certain information, we may not be able to respond to your request or provide you with the iKydz Services.
- When you purchase iKydz Services
- When you provide Feedback or User Content
We maintain a record of correspondence with you when you submit support queries, website comments, testimonials, reviews, etc.
- When using an iKydz network and/or connected to the iKydz Service
If Users are connected to your iKydz Account via your iKydz Unit or via iKydz Sotfware (as defined in iKydz Terms and Conditions of Use), on your behalf and as the main function of the iKydz Service, we collect certain information about Users’ devices (User Data). The processing of this data on your behalf and the role of the Company as data processor is detailed further in Section D. Such information may include, without limitation, Non Personal Data, network preferences, Personal Data, and sensitive data. This also includes information about your Users’ devices, websites and apps that your Users use, contacts, connections, payments, messages and other communications, posted and received content, etc. In accordance with applicable privacy law, to the extent that it applies to the iKydz Services, you are the Data Controller of this User Data and you appoint us as a Data Processor of such data for the purpose of providing the iKydz Services.
iKydz relays information about Internet access on specific managed 3G/4G enabled mobile devices to the related iKydz Account using technologies including virtual private network (“VPN”) and Mobile Device Management (“MDM”) for iOS only. VPN and MDM allow iKydz to manage content and time online for managed mobile devices and report about use of that device. The iKydz Parent App on iKydz Account Owner devices displays information collected via MDM and VPN. iKydz never shares data collected through the VPN with any third-party.
C. Use of Information (Account Data) Collected by the Company
iKydz will process your Account Data only where there is a legal basis to do so. While you are a user of the iKydz Services it will be necessary to hold your Personal Data for the limited purpose of providing functionality and features via the iKydz Services. It is also used to measure and improve the services and functionality and to provide customer service, send email notifications and (unless no longer in the distribution list) newsletters, or communications, in general, about the iKydz Services and product offers or promotions offered by Us. We use your Account Data:
- For the performance of our contract with you, or to take steps at your request prior to entering into a contract, including to process and deliver your order to you, to notify you of the status of your order and to provide you with customer support services, as well as to process payments and refunds, if applicable.
- For legitimate business interest to provide the iKydz Services to you by responding to your requests or queries and by providing you with customer support services, communicating with third parties in the handling of claims or complaints, maintaining business administration records and preventing fraud.
- For legitimate business interest to maintain proper administration of disputes by keeping records and administration on how products and services were provided, claims and complaints were handled, including the documents underlying such services, claims and complaints.
- For legitimate business interest to improve customer experience of our services by understanding how people use our websites, the iKydz Services (including the iKydz customer portal, the iKydz Parent App (and the associated products and services), by understanding more about Users and their preferences, by operating, maintaining and improving the iKydz Services, and by developing new products and services. This will include:
- Collecting and segmenting data to optimise and improve the iKydz Service
- Aggregating anonymised, non-identifiable data and information for analysis, research and sharing such anonymous information with third party services to help improve or promote our service
- Operating, improving and maintaining the iKydz Service, including analysing user behaviour
- For legitimate business interest to inform you of important changes or additions to the iKydz Services offered.
- To comply with legal or regulatory obligations such as responding to legal process or requests for information issued by government authorities or other third parties where it is necessary for legal or regulatory compliance.
- For analytics tracking as well as ad-targeting via marketing channels, where you have opted-in.
D. The role of iKydz as Data Processor and the Processing of User Data on your behalf
By registering for and using the iKydz Service, and by connecting User devices to the iKydz Service, you enable the iKydz Services to begin collecting User Data from the devices connected to the iKydz Account. In accordance with applicable privacy law, to the extent that it applies to the iKydz Services, you are the Data Controller of this User Data and you appoint us as a Data Processor of such data for the purpose of providing the iKydz Services.
Warranties and Indemnities:
You, as the person responsible for User Data that we process on your behalf as Data Processor for the provision of the Services, represent and warrant to us that:
- You comply with all applicable legislation with respect to the monitoring and control of equipment and devices used by Users within your family and/or organisation.
- You are not in breach of the Prohibitions on Use (clause 3.10) contained within the iKydz Terms and Conditions of Use.
- You have all the appropriate informed consents from each and every data subjects whose personal data are submitted to us in the course of the provision of the Services or collected and transmitted to us by iKydz Software.
You agree to indemnify and keep us harmless from all claims, damages and losses we may suffer relating to or arising out of the processing of User Data and other third party personal data submitted to our systems during the course of use and provision of the iKydz Services.
E. Data Security and Account Data Retention
We have adopted technical and organisational measures to preserve and protect your personal information from unauthorised use or access and from being altered, lost or misused, taking into account the technological state of art, the features of the information stored and the risks to which information is exposed. However, due to the nature of the information and related technology, we cannot ensure or guarantee the security of your personal information and expressly disclaim any such obligation. iKydz is not responsible for the security of information you transmit to us over networks that iKydz does not control, including the internet and wireless networks, or the data that is stored on your iKydz Unit. If we learn of a security breach, then we will attempt to notify you electronically so that you can take appropriate steps.
Our computer systems are hosted in a secure data centre environment that uses a firewall, intrusion detection systems, and other advanced technology to prevent interference or access from outside intruders.
iKydz retains the information collected in an identifiable form as long as reasonably necessary and only for as long as required to fulfill the purposes and on the lawful grounds described above. This means that we will keep your Personal Data as long as necessary to be able to provide you with our products and services and to be able to respond to your requests. Examples of this are:
- Keeping your Personal Data collected during a purchase for as long as required by revenue
- Keeping your Personal Data against your iKydz Account for 6 months after the date you deleted your account to enable you to reactivate the account if you decide to
- Keeping the iKydz Account associated with you iKydz Unit so that you can regain access to you iKydz Unit
- Keeping your email address for product-specific and service-related messaging after you have requested the removal of your email address for direct marketing purposes
When we have no ongoing legitimate business need to process your Account Data, we securely delete the information or anonymise it or, if this is not possible, then we will securely store our User Information and/or Personal Data and isolate it from any further processing until deletion is possible. We will delete this information from the servers at an earlier date if You so request, as described above.
Without explicitly contacting iKydz, we are unable to judge if a customer has discontinued use of the iKydz Account. As such, we retain the information required to regain access to the iKydz Account until deletion of that information is requested.
Please bear in mind that whenever you voluntarily make your Personal Data available for viewing by third parties online (e.g. through email or registering on a App) that information can be seen, collected and used by others besides us. We are not responsible for any unauthorised third-party use of such Personal Data.
If you have elected to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our content or services, such as when you last opened an email from us or ceased using your iKydz Account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
F. Information Sharing and Disclosure
- We never sell Your Data: We do not sell, license, or otherwise share any Account Data, Personal Data, Non Personal Data, User Data, User Content, Personal Data, or information that reasonably identifies you for independent use except as expressly described in this Policy or when iKydz has a legal basis to do so, for instance with your prior written consent.
- By Law or Protected Right: We may disclose part or all of Your Data, Account Data, User Data, User Content and/or Personal Data collected through the iKydz Services:
- If we are required to by law;
- If we believe that disclosure is necessary to comply with the law
- To enforce our intellectual property rights
- To protect the rights, property or safety of us and our employees or agents
- If it is necessary to defend against third-party claims.
- If iKydz transfers your Personal Data to a recipient outside the EEA, it will only do so in compliance with the General Data Protection Regulation (“GDPR”). In these circumstances, we will take appropriate steps to ensure that your Personal Data is adequately protected. Typically, such steps include carrying out data security reviews of any recipients and ensuring that appropriate contracts with such recipients are in place to ensure they employ the same or similar appropriate technical and organisational measures as iKydz, so your data is adequately protected.
- For more information on the international transfers of Your Personal Data or the appropriate safeguards in place, please contact us at email@example.com.
G. Third Party Content on Website and Applications
H. User Rights
You have rights under data protection laws in relation to your Account Data. You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”).
- Request correction of the personal data that we hold about you.
- Request erasure of your personal data. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
In order to help with your request, please provide sufficient details which can help us locate and identify the Personal Data which you are requesting, e.g. previous addresses, customer account numbers etc. There is no charge made by us for providing this information. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. However it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
To exercise your rights, please contact us at:
iKydz Limited, Unit 1A Hume Centre, Hume Avenue, Park West Industrial Estate, Dublin 12, D12 C8C7.
Data Protection Commissioner, Canal House, Station Road, Portarlington, Co. Laois, R32 AP23
Tel: + 353 (0) 761 104800
You are Data Controller of your User Data, and you can access, delete, restrict, correct and request a copy of your data at any time. We will assist you in accordance with the functionalities of the iKydz Service and the term of this agreement to attend any end-user request with regard to the processing of their personal data, as provided in Addendum A hereto.
I. Remote Access of Your iKydz Unit
The End User License Agreement for the iKydz Unit or iKydz Mobile services authorises iKydz or its duly authorised support representatives to access iKydz Devices and Accounts remotely. iKydz requires such access in order to troubleshoot, debug, and otherwise offer support and solutions to iKydz Unit and iKydz Mobile users. iKydz does not access a given iKydz Unit or Acount unless a support request has been received, and it becomes apparent to the support representative that there is a problem that can be solved via remote access. If you wish to limit the level of access iKydz or its duly authorised support representatives have to your iKydz Device or Account, you must state what limitations you wish to place on iKydz’s use of remote access at the time of your support request. iKydz or its duly authorised support representatives will only access your iKydz Unit or Account under the conditions that you set. Whether or not you set any limitations on remote access, iKydz will discontinue access upon resolution of the support request.
Although we have a legal basis other than consent for the processing of the data set out in this form (other than marketing communications), we also would like to ensure that we additionally have your express consent.
- the collection and processing of your personal data by us in accordance with the indicated purposes and this Policy;
- the collection and processing of User Data on your behalf, as indicated herein; and
Your consent to personal data collection and processing may be revoked, without retroactive effects, in accordance with the General Data Protection Regulation. This will not prevent processing of your Account Data for providing you the iKydz Service, unless you also cancel your iKydz Account or subscription with us.
Addendum A – Processing of User Data
This Addendum sets out the obligations of the parties in relation to the processing of the User Data by iKydz on behalf and following the instructions of the client as Data Controller.
“Data Controller” means the natural or legal person, public authority, or other organisation that, alone or jointly with others, defines the purposes and means of the processing.
“Data Processor” means the natural or legal person, public authority or other organisation processing personal data on behalf of the Data Controller.
“Data Subject” means the individual that is identified or identifiable.
“Processing” means any operation or set of operations carried out on personal data or personal data sets, whether by automated processes or not, such as collection, registration, organisation, structuring, preservation, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of access, collation or interconnection, limitation, suppression or destruction.
“Security breach of the personal data” means any breach of security that results in the destruction, loss or accidental or unlawful alteration of personal data transmitted, preserved or otherwise processed, or unauthorized communication or access to such data.
2. Data Processing Information
|Categories of Data Subjects||Users of the devices which are managed and monitored using the iKydz Service. Third parties who interact with the users of such devices.|
|Type of personal data||All data collected by such devices, including identification and contact data, Internet browsing and content viewing data, behavioural data, etc|
|Purpose||To provide you with parental control and monitoring services|
|Duration||The term of the your contract with iKydz + 12 months|
3. Your use of User Data
4. Service Configuration
5. Data removal
During the Client’s subscription to the iKydz Service, we generally retain the Client’s User Data on an identifiable basis for 12 month periods. It is then deleted or diassociated for our analytical purposes. In addition, through the iKydz parental control panel, the Client may delete all historical data saved at any time. This data will no longer be accessible and will be fully removed from our systems on the next back-up, except as indicated below. If the Client wishes to remove all the User Data in the iKydz Account, please disconnect the iKydz Unit and uninstall iKydz software from devices, and send an email with a digital copy of the Client ID or other identification document to prove identity. Once the Client’s identity is confirmed, we will immediately remove all User Data from our active systems and back-ups within thirty (30) days from confirmation of identity (except as indicated in section 14 below).
6. Object and Term
The purpose of this addendum is to regulate the processing of the User Data indicated above. The term of validity of this Addendum is established by virtue of the Client subscription with the iKydz Service.
7. Data Protection Laws Compliance
Each Party shall comply with all applicable laws relating to privacy and data protection, including (without limitation) the EU Data Protection Directive (95/46/EC) up until 25 May 2018 as implemented in each jurisdiction, the EU General Data Protection Regulation (2016/679) on and from 25 May 2018, the EU Privacy and Electronic Communications Directive (2002/58/EC) as implemented in each jurisdiction, and any amending or replacement legislation from time to time (collectively and individually, “Data Protection Laws”).
8. Rights and responsibilities of the Client as Data Controller
As established in the applicable law, the Client shall:
- Inform and obtain all such necessary consent from the Users for the processing of their personal data.
- Implement appropriate technical and organisational measures to ensure and be able to demonstrate that the processing is carried out in accordance with applicable legislation.
- Respond to the legal rights of Users established by applicable law on the protection of personal data and comply with the stipulations indicated in clause 10 even if these were originally addressed to iKydz.
9. Rights and responsibilities of iKydz as Data Processor
As established in the applicable laws and regulations, iKydz shall:
- Process User Data only on the basis of documented instructions from the Client, including transfers of User Data to a third country or international organisation, unless otherwise required to do so under EU law or applicable Member State law; in such case, iKydz will inform the Client of that legal requirement prior to the processing, unless otherwise prohibited by such law or in the public interest.
- Ensure that the persons authorised to process User Data have undertaken to respect confidentiality or are subject to an obligation of confidentiality of a statutory nature.
- Take all appropriate technical and organisational measures to ensure a level of safety appropriate to the risk of processing.
- Respect the conditions for having recourse to another Data Processor, as established in the current legislation on protection of personal data.
- Assist the Client, taking into account the nature of the processing, through appropriate technical and organisational measures, whenever possible, so that it can comply with its obligation to respond to requests for the exercise of the rights of the data subjects, here the Users.
- Assist the Client in ensuring that Client complies with its obligations, taking into account the nature of the processing and the information that is available to iKydz.
- At the choice of the Client, either destroy or return all personal data once the processing services have been completed, and destroy any existing copies unless the retention of personal data is required under EU or applicable Member State law.
- Make available to the Client all information necessary to demonstrate compliance with the obligations established in herein, as well as to allow and contribute to the performance of audits, including inspections, by the controller or other authorised auditors for the Client.
- Process the User Data placed at the disposal of iKydz in a way that ensures that the personnel in charge follow the instructions of the Client.
- Ensure that the appointed Data Protection Officer (if applicable) or, in his / her absence, the Privacy Officer is involved in an adequate and timely manner in all matters relating to the protection of User Data.
- Adhere to a Code of Conduct that is approved by the European Commission or other competent authority.
- Keep a record of processing activities in the case of processing personal data that may pose a risk to the rights and freedoms of the data subject and / or in a non-occasional manner, or which involves the processing of special categories of data and / or data relating to convictions and infractions.
- Respond to the legal rights established by applicable law and comply with the stipulations indicated in clause 10 even if these were originally addressed to the Client.
10. Data subjects’ exercise of their rights
If the Data Subjects (Users) address a request or exercises any of the rights established in the General Data Protection Regulation, the Client and/or iKydz must provide the information requested and perform any required actions, without delay and, at the latest, within one month from receiving the request, which may be extended for a further two months if necessary, taking into account the complexity of the application and the number of applications.
Similarly, in the event that the Client and/or iKydz do not proceed with the request of the User, the Client and/or iKydz shall inform the latter without delay, and no later than one month after receipt of the request, shall provide the User with the reasons why the Client and/or iKydz has not acted and inform the User of his/her right to file a complaint before a competent authority and to file a judicial appeal. The response to the User’s request shall be made in the same format as that used by the person concerned, unless he/she requests that it be done otherwise.
12. International transfer of data
International transfers of User Data may only be performed if the requirements of national or Community laws and regulations that regulate them, are met. If iKydz carries out an international transfer of data without the other party’s consent, the latter shall be exempted from any liability that may arise as a result of or in connection with such transfer. iKydz uses third party technological services for the provision of Services, whose providers may process User Data collected in the course of providing us their services as sub-processors. In these circumstances, iKydz will take appropriate steps to ensure that the Client’s User Data is adequately protected. Typically, such steps include carrying out data security reviews of any recipients and ensuring that appropriate contracts with such recipients are in place to ensure they employ the same or similar appropriate technical and organisational measures as iKydz, so your data is adequately protected.
13. Security breach of the personal data
Insofar as there exists an instruction from a competent supervisory authority, a development of a national legislation or a delegated act, in the event of a security breach of the personal data, the Client and/or iKydz shall notify the competent supervisory authority of such breach without undue delay, and if possible, no later than seventy-two (72) hours after it happened.
14. Termination, resolution and expiration
In the event of termination, resolution or expiration of the contractual relationship for the provision of services hereunder between the Client and iKydz, the latter shall not keep the User Data unless otherwise legally required or advisable to do so. Otherwise, upon termination, resolution or expiration, or when no longer legally required to keep the data, iKydz shall destroy or return to the Client all personal data and any copies of it, as well as any support or other document containing any personal data. This is without prejudice to the right of iKydz to continue to process User Data where such data is being processed by iKydz or for the defense of its legal interests.
15. Governing law
This Addendum shall be governed by and construed in accordance with the laws of the Republic of Ireland and shall be subject to the exclusive jurisdiction of the Courts of the Republic of Ireland.