OneCall Family Protection – Brukervilkår

OneCall FamilyProtection er ment som et verktøy som skal hjelpe foresatte regulere barnas mobil- og internettbruk. Tjenesten skal kun aktiveres på enheter som regelmessig benyttes av foresattes barn under 15 år. Ettersom tjenesten forutsetter lagring av informasjon knyttet til mobil- og internettbruk, må enhver som bruker de aktiverte enhetene, herunder eventuelle andre familiemedlemmer, få informasjon om tjenesten slik at det ikke blir oppfattet som ”skjult overvåkning”. Ved brudd på disse punkter vil tjenesten kunne deaktiveres umiddelbart.

OneCall kunder vil ha tilgang til tjenesten i 12 måneder uten å bli belastet et gebyr på tjenesten. Etter denne perioden vil kunder som ønsker å beholde tjenesten blir belastet 39 kr per måned.

Tjenesten OneCall Family Protection leveres av MYMobileSecurity Ltd, og bruk av tjenesten forutsetter at du samtykker til MYMobileSecurity sin brukeravtale:

MYFamily Protection - Terms and Conditions

These terms and conditions ("Terms") govern the access to and use of the MYFamily Protection Platform and control panel ("MYFamily Protection Platform"), the MYFamily Protection client Software ("MYFamily Protection Software") and MYFamily Protection services ("MYFamily Protection Services") provided by MYMobileSecurity Ltd. (the "Licensor", "Company" or "we/us") for all users ("Licensee" or "you"), and made available at family.mymobilesecurity.com. The MYFamily Protection Platform, Software and Services are jointly referred to as "MYFamily Protection".

Please read the license terms below. By using the MYFamily Protection Software and registering for a MYFamily Protection Account, you accept these terms. Breach of any part of the Terms may result in suspension or termination of your MYFamily Protection account. If you do not agree to them, then do not install, use or copy MYFamily Protection nor create any online MYFamily Protection account.

To be able to use MYFamily Protection, you must also create an online account at www.mymobilesecurity.com, or at any of MYMobileSecurity’s partners websites and accept the corresponding terms of use.

You affirm that you are fully able and competent to enter into these terms.

A. MYFamily Protection Software License

License Grant. Subject to the terms below, you are hereby granted a non-exclusive and non-transferable license (without right to sub-license) to install and use one copy of the MYFamily Protection Software on each of the computers or workstations and other devices at your home ("Devices"), for your own internal and private (domestic) use only.

Home Users

Free use: You may use the Software with certain limited functions under the above License at no charge (as indicated by Licensor) for home use only on an as-is basis. This license includes only downloading, installing and using the MYFamily Protection client/endpoint software on Devices at home under your control.

Premium Use: you may use the MYFamily Protection Software on additional Devices and with additional features if you are a Premium client.

Restrictions on Use. MYFamily Protection may only be used for monitoring usage of Devices owned by you in, for controlling use of these Devices by your family and other domestic users (“Users”) when and to the extent such activity is permitted by applicable law and without infringing any third party rights (including User's fundamental rights) or other applicable regulation. In addition, you may not: (1) copy (other than for back-up purposes), distribute, rent, lease, transfer or sublicense all or any portion of MYFamily Protection; (2) modify or prepare derivative works of MYFamily Protection other than for your own use; (3) use MYFamily Protection in a computer-based services business or publicly display visual output of MYFamily Protection; or (4) reverse engineer, decompile, or disassemble MYFamily Protection except for debugging modifications.

Confidentiality. You agree to keep confidential and use your best efforts to prevent and protect the contents of MYFamily Protection and accompanying documentation from unauthorized disclosure or use.

Title. MYFamily Protection Software shall remain the exclusive property of Licensor and title to MYFamily Protection and all rights therein, including all rights in patents, copyrights, trademarks and trade secrets applicable thereto, shall remain vested in Licensor and/or its licensors. You shall do nothing inconsistent with Licensor's title. You shall not transfer, sell, assign, sublicense, pledge or otherwise dispose of, encumber or suffer a lien or encumbrance upon or against any interest in MYFamily Protection without Licensor's prior written approval. You shall not remove any trademark, trade name, copyright notice or other proprietary notice about MYFamily Protection.

Disclaimer of Warranties. We guarantee that MYFamily Protection works substantially in accordance with its technical documentation, available at www.mymobilesecurity.com. Your sole remedy for any breach of this warranty is to request support from us or our partners in accordance with the terms of service set out at www.mymobilesecurity.com. MYFamily Protection is a work in progress and apart from this limited warranty, Licensor does not warrant MYFamily Protection or that it will be error free. MYFamily Protection is furnished "AS IS" and without warranty as to the performance or results you may obtain by using MYFamily Protection. The entire risk as to the results and performance of MYFamily Protection is assumed by you. Except as set out above, LICENSOR MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING ANY WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY STATE OR COUNTRY

Limitation of Liability. EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR DAMAGE TO PERSONS OR DEATH, IN NO EVENT SHALL LICENSOR OR ITS OFFICERS OR SHAREHOLDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHER TYPE OF DAMAGES WHATSOEVER RELATING TO THE USE OF MYFAMILY PROTECTION, WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY, OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION. In particular but without limitation, we shall not be responsible for any illegal use of MYFamily Protection by you or uses that breach these terms, including the restrictions set out in the section "Restrictions" above, or the terms for MYFamily Protection Services set out below.

Tracking. In addition to monitoring and controlling User Devices at your request and on your behalf (including the collection of personal data relating to the Users, URLs that are visited and communications sent by the Users), which is the principal objective of the MYFamily Protection Service, MYFamily Protection includes optional functional usage tracking capability which allows Licensor to collect general statistical information about MYFamily Protection usage to improve the product. This information is collected by Licensor and associated to the user account, but is subsequently processed on an anonymous basis. Please see http://www.mymobilesecurity.com/privacy-policy and below for details on how Licensor uses and collects such information.

MYFamily Protection Browser Guard and Secure Search. These add-on applications, installed at your option, collect certain additional non personal user data, such as search queries or page addresses, performance and other usage information (search term, IP address, browser type, language setting, URL address of the site you visit) and install one or more cookies for managing the service. In addition, they periodically contact our servers to request automatic updates to the latest version, and as part of this request sends the unique application numbers along with optional Toolbar usage and configuration statistics. These unique application numbers are not associated with any other personally identifying information. Disclaimer: All content that may be accessed through use of these tools is the property of its respective owner and may be protected by applicable laws and treaties, and MYMobileSecurity disclaims any responsibility with respect to such content.

Third party code. This software includes Qt software components linked by shared library mechanism, distributed under the LesserGPLv2.1 license - http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html. A copy of this license may be found at the listed URL.

A. MYFamily Protection Software License

The terms of this section govern the access to and use of the MYFamily Protection platform and control panel ("Platform"), and MYFamily Protection services ("Services") of the Company for Home use, made available to you via the MYFamily Protection Software and at http://www.mymobilesecurity.com.

1. MYFamily Protection Services and Platform

MYFamily Protection: MYFamily Protection provides services for monitoring and controlling use of computer devices owned by you for controlling use of these devices by your family and other other domestic third parties (“Users”) when and to the extent such activity is permitted by applicable law and without infringing any third party rights (including User's fundamental rights) or other applicable regulation. This includes a service for monitoring and storing online activity reports and content of communications, in particular social networks, and for blocking certain categories of sites, at your option. MYFamily Protection provides a dashboard on the Platform for enabling you to configure the level and degree of monitoring of the computer/s and or other devices associated to the account. You are SOLELY RESPONSIBLE for how such dashboard controls are configured and the processing of personal data as a consequence, including its collection, storage and analysis on the Platform. MYFamily Protection only implements automatically the configuration and instructions provided by you. MYFamily Protection is a work in progress, and we reserve the right to modify or suspend temporarily the MYFamily Protection services at any time for any reason. Notice of any suspension will be given in accordance with these terms.

Platform. The MYFamily Protection Platform provides access to the MYFamily Protection online control panel, and feedback forms. Through the MYFamily Protection Software and Platform, we enable registered users to access and use of our MYFamily Protection Services, subject to these Terms.

Ownership. We own or are licensee of all intellectual and industrial property rights in MYFamily Protection. Access to and use of our web-based services and content does not imply any transfer of all or part of these rights to you.

Trademarks. You will not use our trade marks, trade names, logos, domain names, other distinctive brand features or any copyrighted material or which are associated with MYFamily Protection without our consent.

Privacy policy. MYFamily Protection enables you to process personal data of Users under your control. Our privacy policy is part of these Terms and is set out below.

Service Provision. We use reasonable endeavours to make available to you at all times the Platform and Services but we shall not, in any event, be liable for interruptions of Service or down-time. Due to special maintenance, security or capacity issues, and also to some events over which we may not influence (e.g., anomalies in public communication networks, electricity cut offs, etc.), Services may be temporally suspended or affected by brief anomalies.

Security. You understand that the MYFamily Protection Software and Service can be used for transmission of content to the Platform, collected from the Devices associated to the User account, and that during processing, your Content, including contact names, email or IM communications, social network activity and other account information are transferred (encrypted) over the internet. Currently they are not stored in an encrypted manner, as this would prevent the monitoring and filtering services.

Support. We try to provide the MYFamily Protection Service 24/7, however due to maintenance, security or capacity issues, and also to some events over which we may not influence (force majeure), the Platform and Services may be temporally suspended or affected. Our support policy is set out at www.mymobilesecurity.com.

2. You/Users and registration/termination

About you and your users: You warrant that you are over 18 and owner of the computer/devices in which the Software associated to your online account is installed. You warrant that you have notified any User over 14 years old of such Devices that it includes control and monitoring software and you have their consent to such activity. You undertake to fully comply with our Privacy Policy, which is incorporated as a part hereof.

Registration. Registration and creation of a MYFamily Protection account is required to use the MYFamily Protection Services. To register, you must create an account by completing the corresponding form with your details (email and name) and agreeing to these Terms. You warrant that this information is and will be correct, complete and accurate at all times. A verification email is sent to you.

Activation. We try to provide access to the MYFamily Protection Service immediately. We reserve the right to refuse the MYFamily Protection Services to anyone for any reason. On confirmation of the account, you are granted a limited, revocable, non-exclusive and non-transferable license to use the MYFamily Protection Service in accordance with these Terms.

Passwords. The passwords are confidential and it is therefore your responsibility to safeguard and ensure their correct use. You agree to notify us immediately upon learning of any unauthorised use of your Account or any other breach of security known to you.

Term. Subject to payment, when applicable, of the fees, your account shall be activated and remain in force for the Term indicated below, unless terminated by either us or you hereunder:

  • Free User: use of the limited Service for an unlimited period
  • Evaluation Term: use of the Service for the period of 30 days from registration of the account
  • Premium User : subject to payment of the fees, use of the Service for the contracted term, in accordance with the plan you have chosen.
  • Premium terms plans are automatically renewed for the same term, unless written notice of cancellation is provided by either party at least 30 days' prior to renewal

Termination. You may cancel your account at any time. All cancelations should be addressed to: support@mymobilesecurity.com. No refunds will be given for early termination. We may suspend or cancel your registration immediately in case of breach by you of these Terms, by written notice. We may cancel any Free Use at any time, provide you 30 days' notice of termination, and Premium plans providing you 30 days' notice prior to the end of any Premium Term. On termination for any reason, your access to your account and all of its content will be disabled and your content deleted, except as maintained in backups (for back-up retrieval purposes only or for any legal contingency). In addition, we reserve the right to terminate our agreement with you if the provision of the Services is, in our sole opinion, no longer commercially or otherwise viable or your account is inactive for more than 1 month (in this latter event, we will provide you 15 days' notice of termination, sent to your registered email address).

3. Use of MYFamily Protection Services

Proper Use of MYFamily Protection services. You agree to use the MYFamily Protection Platform and Services in accordance with these Terms and applicable law. In particular, you will use the Software and Services in compliance with applicable law as to privacy, telecommunications secrecy, labour relations, non discrimination, trade secrets, and the protection of personal image, honour and reputation.

Responsibility for use. You are responsible for all activities undertaken under your account. You are data controller of all personal data collected and submitted via the MYFamily Protection Service, and MYFamily Protection is data processor. For more information, see our Privacy Policy. You agree not to use the MYFamily Protection Service for any illegal or unauthorized purpose or any activity that infringes third party rights or breaches these Terms. You may not use the MYFamily Protection Service in any manner that may deteriorate the service. You agree that you will not, in the use of the Service, violate any laws in your jurisdiction. You agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of MYFamily Protection.

Prohibitions on Use of MYFamily Protection: You agree not to use or permit use of MYFamily Protection to monitor or control Users devices and activities in any of the following conditions:

  • 1. When the User Devices are not your property or leased to you
  • 2. When it is not clear in your jurisdiction that such controlling and monitoring through functionalities offered by MYFamily Protection are permitted by law or regulation.
  • 3. When it is not clear in your jurisdiction that that such controlling and monitoring through functionalities offered by MYFamily Protection does not require express User consent, unless such express consent is obtained and documented by you.
  • 4. When there are no guarantees that the use of information obtained through using MYFamily Protection will respect third party (including Users') rights and applicable regulation.

Exclusion. We reserve the right to exclude any User from the Platform and Services without prior warning should you breach these Terms.

5. User Content

User Content. The Platform and Services monitor and store information transmitted from the Devices where the MYFamily Protection Software is installed, about Users' local and online activities (usage of applications, searching, social networks, browsing, etc.) and certain communications (social network forms, instant messaging, etc.) (collectively, "User Content"). While MYFamily Protection collects, stores and analyses this information for you, you and the User are sole owners of this information and are solely responsible for all User Content that is transmitted to MYFamily Protection. You grant us a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to store such User Content on our servers for these purposes.

Responsibility for content. We do not control or supervise any User Content, except when required to in accordance with your instructions (configuration of the Platform) or by applicable law or competent court or administrative decision. We do however reserve the right to eliminate at any time any User Content of which we are aware that infringes the law or third party rights.

Data on termination. In the event of termination for any reason, your access to your account and all of its contents will be disabled and your User Content will be removed, with the exception of backups (saved only for backup or for any unforeseen circumstances). However, we may retain such User Content to cover any legal responsibilities that may arise from our relationship with you. Access to such data will be blocked in accordance with applicable laws unless such event arises.

Data retention. If there are any data you wish to retain for legal purposes, you must obtain it via the Control Panel of the Platform prior to termination. You are responsible for the conservation of such data. If we terminate the contract without notice because you have breached these conditions, you must provide evidence to us of the need to retain the data within 3 days following termination, and you will have an additional 5 days to obtain these data.

6. Fees

Fees. The fees for the Premium Services are set out at www.mymobilesecurity.com. For premium use , you agree to pay the fees set out in the Plan selected by you. Payment is by way of online payment system provided by MYFamily Protection. On periodic renewal, you will be charged at the then current price, unless otherwise agreed in writing with us. Fees are non-cancellable and non-refundable. Fees for Users or Devices added during the subscription term are charged at the same price as for the pre-existing subscriptions.

Price updates. Prices for the Services may change at any time (but no more than once a semester) by giving you thirty (30) days prior written notice. New prices will apply to the next renewal period. If you do not reject such price change in writing requesting termination of Services or in the event of any continued use of the Services after such renewal date, you are deemed to have accepted the new prices.

Invoicing: For standard services, invoice for the start-up and subscription fee/s will be issued upon acceptance of the online order and 15 days prior to renewal. You will be invoiced at start up and for additional Users for a full month, regardless of the start date. At the end of service on termination, a refund will be made for the number of days to run to the end of the then current period, if any. Renewals are invoiced on the periodic basis set out in the Order form. Unless provided otherwise in the Order, we will issue all invoices in Euros. You agree to provide us or our reseller complete and accurate billing and contact information.

<Payment. Unless stated otherwise on your order form, all amounts invoiced shall be due and payable in advance on contracting the service and 7 days prior to renewal. We reserve the right to suspend or terminate this Agreement and access to the Services if you do not pay in timely manner. In the event of credit card payment, you will provide us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to us. If you provide credit card information, you authorise us to charge such credit card for all Services set out in the order form for the initial subscription term and subsequently any renewal subscription term(s) as set out herein.

Late Payments. Overdue charges will accrue late payment interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. In the event of late payment, we may condition future subscription renewals and Order Forms on payment terms shorter than those specified herein or we may suspend or terminate this Agreement and access to the

Taxes: Unless otherwise provided, prices do not include any taxes that may apply, including without limitation VAT or equivalent sales tax, such taxes being your responsibility. If we have the legal obligation to pay or collect taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.

6. General

Links. Our Platform contains links to third party Internet sites. We make no representation whatsoever nor accept any responsibility about such sites nor have any control over them. Any third-party content or a link to a third-party site is for informational purposes only.

No warranty. Except as established by mandatorily applicable law, your use of the MYFamily Protection Platform or Service, including any content, information or functionality contained within it, is provided "as is" and "as available" with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Liability limitation. You agree that your use of the Services shall be at your sole risk. To the maximum extent permitted by mandatory applicable law, in no case is the Company, its directors, employees, shareholders, affiliates or sponsors responsible or liable for any direct or indirect or consequential loss, including without limitation, damages, loss of reputation, equipment failures or other damage or loss, arising out of or relating in any way to (i) the use or the inability to use the Platform, the Software and Services; (ii) reliance placed by you on the completeness, accuracy or existence of any of the Services (iii) any changes which we may make to the Services, or for any permanent or temporary cessation in the provision of the Services (iv) unauthorized access to or alteration of your data or failure to keep your password or account details secure and confidential; (v) the deletion of, corruption of, or failure to store, any your content and other communications data maintained or transmitted by or through your use of the Services; (vi) any errors in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services; or (vii) statements or conduct of any third party on the Platform service. Our aggregate liability arising out of this statement or MYFamily Protection will not exceed the greater of one hundred euros (Eur 100) or the total fees paid to us to date. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

C. MYFAMILY PROTECTION PRIVACY POLICY

MYMobileSecurity Ltd . (the "Company" or "We/us") is committed to respecting and protecting your privacy and that of your Users (as defined in the Terms above). This Privacy Policy explains our practices regarding the use of personal data collected and processed through our Platform and Service. By using our Platform and Services , and in particular by providing your personal information on registration or contacting us for any reason, you explicitly accept this Privacy Policy and You provide us with full consent to the collection, storage and processing of personal data for which you are Responsible in accordance with the terms set out in this policy, including the sending of electronic communications. We may amend this Privacy Policy as required to adapt it to future legislative or case law developments. We will notify you by posting a clear notice of these changes on our Platform and in this Privacy Policy. Unless a specific local regulation of mandatory application provides otherwise, the Privacy Policy is governed by the laws of United Kingdom

1. Data collection by the Company through the Services

Registration. On registering for MYFamily Protection Services, we will collect the following personal data: name, surname, company/institution, email address and telephone/fax ("Registration Data"). This data is obligatory and if they are not provided, an account cannot be created.

Web-forms. If you submit any webform to us (Contacts, comments), we collect the data indicated in the forms and submitted by you, including name and email address. Required data is indicated. This data is used for processing your request and contacting you for further communication.

Information about your computer. Due to the communications standards on the internet, when you visit our Platform we automatically receive the URL of the site from which you came and the site to which you are going when you leave the site. We also receive the internet protocol ("IP") address of your computer and the type of web browser you are using. We use this information to analyse overall trends and to help improve the service. This information is not shared with third parties without your permission.

MYFamily Protection Browser Guard and Secure Search. These add-on applications to the MYFamily Protection software, installed at your option, collect certain additional user data, such as search queries or page addresses, performance and other usage information (search term, IP address, browser type, language setting) and install one or more cookies for managing the service. In addition, they periodically contact our servers to request automatic updates to the latest version, and as part of this request sends the unique application numbers along with optional Toolbar usage and configuration statistics. These unique application numbers are not associated with any other personally identifying information. Certain optional Toolbar features may send the URL address of the site you visit. We will let you know when you are enabling a feature that automatically sends page addresses to us, and you can turn these features off at any time. These URL addresses are not associated with any other personally identifying information.

2. Use of Registration Data collected by the Company

General. Registration Data is solely used for the development of our contact with you and for the provision and management of your MYFamily Protection account and the Services provided to you (as described in the Terms), to measure and improve those services and features, to provide you with customer support, the sending of any newsletters, notification emails or commercial communications in general about the Services and products and any new features, offers or promotions offered by us, and for compliance with the Terms and other legal communications. Registered users are also sent notification emails about activities the Service. We may process such information on an aggregated non-identifiable basis for establishing user general attributes and profiles and share such information with third parties to help improve or promote our service or offer joint services.

Data removal. Through the Platform control panel you may delete all historical data saved. This data will no longer be accessible and will be fully removed from our systems on the next back-up.

Disclosure. We treat your Registration data with strict confidentiality in accordance with applicable law. However we shall disclose any information about you or your use of our Services, in compliance with a legal obligation or in order to correctly deliver our Services or perform other obligations in accordance to the applicable regulations and rules set forth in the Platform Terms, or in the event of a sale of change of control of the Company.

Commercial Communications. By filling in and sending your data to us, you expressly consent to receive electronic commercial communications regarding the subject matter of the Platform and other Services in accordance to applicable law, including alerts, notices, newsletters, offers and promotions. If you do not wish to receive information from this Platform you can expressly opt out by sending a notification to support@mymobilesecurity.com.

3. Data processing on users' behalf: the Company as data processor

In registering for a MYFamily Protection Service account and collecting any third party personal data within the context of this account ("Third Party Data"), you shall be the Data Controller and you appoint us as a Data Processor of such data, for the purpose of providing the MYFamily Protection Services.

Use of third party data. You may have access to personal data of other persons (in particular, Users of the Devices where the Software is installed). You agree to process and use the data in accordance with these terms and only for the explicit purposes of the Services, or otherwise with the consent of the User or as permitted by applicable law. You will not submit or publish any personal data relating to any individual that has not been authorized by that person or this Policy. You will protect the confidentiality of any accessible personal data and prevent access by any unauthorized third person. You will inform us within 24 hours about any problem arisen in relation with user data management. You will be responsible for any illegal use by you of other person's data, including any use contrary to the applicable data protection laws and/or in violation this Privacy Policy.

Service Configuration. MYFamily Protection Services and Software provide device monitoring and controlling services, as described in the Terms. As part of the same, significant amounts of personal data may be collected and transmitted by the Software to the Platform, including data relating to the Users, URLs that are visited and communications sent by the Users. You are responsible for configuring the monitoring and controlling activities services on dashboard hosted on the Platform, which will determine the data that is processed, and these are your instructions to us to process data from Users. The level and degree of such monitoring is entirely under your control and the Company will not be liable for any such configuration and control carried out by you. All such data will be under your responsibility, with the Company as data processor in accordance with this Section C.

Data Processor Obligations. To the extent that we are such Data Processor, we shall (a) implement appropriate technical and organizational measures to safeguard the Third Party Data against any unauthorized or unlawful access, loss, destruction, theft, use or disclosure; (b) limit access to the Third Party Data only to those employees who need to know it to enable the Processor to perform the Services; (c) only process the personal data as specified by this Policy and in accordance with your instructions, and (d) will not use the Third Party Data for any purposes other than those related to the performance of the Services or pursuant to your written instructions. Upon the expiry or termination of this Agreement by way of de-registration, or upon your request, we will cease any and all use of the Third Party Data and will destroy or return it to you except as provided above with respect to backed-up data and termination. We will not disclose the Third Party Data to any third party without your prior written consent of the Customer.

Subcontracting. As Data Processor we may provide access to any such Third Party Data to a subcontractor processor if we reasonably consider such access and processing necessary to the performance of the Services. In the event of such access and before the access takes place, we shall ensure that an agreement with the third party is in place which is sufficient to require it to treat personal data in accordance with the applicable provisions of this Agreement and applicable, signing for an on your behalf. In particular, you authorise us to subcontract hosting services to Amazon Inc. and support services at ZenDesk.com, both of them in the USA. Further third party subcontractor processors will be notified to you prior to subcontracting.

Warranties. You warrant that

  • (a) You comply with all applicable legislation with respect to the monitoring and control of equipment and devices used by Users within your organisation.
  • (b) You are not in any situation described by section B "Prohibitions" in the above Terms.
  • (c) You have all the appropriate consents from data subjects whose personal data are submitted to us in the course of the provision of the MYFamily Protection Service or collected and transmitted to us by the MYFamily Protection 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 and other third party personal data submitted to our systems during the course of use of MYFamily Protection and the provision of the Services.

4. Data Security

We have adopted technical and organizational measures to preserve and protect your personal information from unauthorized use or access and from being altered, lost or misused, taking into account the technological state of art, the features of the information stored and the risks to which information is exposed. We currently implement basic level security measures, as set out in Spanish Royal Decree 1720/2007, for all personal data processed on our Platform.

However, due to the nature of the information and related technology, we cannot ensure or guarantee the security of your personal information and expressly disclaims any such obligation. If we learn of a security breach, then we will attempt to notify You electronically so that You can take appropriate steps.

5. User Rights

You have the right to access, rectify, erase, block and oppose any processing of your personal data that we may have. Moreover, you may at any time withdraw your consent to the processing of your personal data and information. This withdrawal will not have retroactive effects but may prevent providing the Services. The above is without prejudice to provisions of English applicable law enabling conservation of data for the purpose of defending our responsibility and complying with mandatory legal obligations. The aforementioned rights may be effective by contacting us at info@mymobilesecurity.com or at 5 Upper Montagu street, W1H 2AG, London, UK

We will assist you in accordance with the functionalities of the Platform and the Term of this agreement to attend any User request with regard to the processing of their personal data.

6. Consent

By completing the Platform forms and submitting your personal data, you declare to have read and accepted the terms of this Policy. Without prejudice to the generality of the foregoing, you expressly and unequivocally consent to:

  • The collection and processing of your personal data by us in accordance with the indicated purposes and this Policy; and
  • The processing of your data outside the European Economic Area by indicated third party data processor subcontractors (e.g. for the purpose of providing professional services to us such as hosting or database management services);

Your consent to personal data collection and processing may be revoked, without retroactive effects, in accordance to Sections 6 and 11 of Spanish Data Protection Law 15/1999.

D. General

Agreement. These Terms contain the entire agreement of the parties relating to the subject matter hereof. Any representation, promise, or condition not explicitly set forth in these Terms shall not be binding on either party. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

Indemnification. You agree to indemnify the Company, and its agents, directors, officers, employees and partners against any loss, liability or cost arising out of your breach of any of these Terms or of any applicable laws, rules or regulations or any third party rights in connection with your use of the Platform and/or Services.

Modifications. We may modify without previous notice the design, outlay and/or configuration of this Platform and Services, as well as some or all the Services offered, may add new ones, and may revise these Terms (including the Privacy Policy). Any modification will be notified to you and enforceable from the date of publication and any subsequent use of the Platform and/or Services will be subjected to the new Terms, hence we recommend you to read them carefully.

Contact and notifications. You agree to receive our email notifications related to MYFamily Protection. We will not share your email with 3rd parties. We may contact you for information and service notifications relevant to your account or when required by law. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Platform or delivering them to You through e-mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

Law and Jurisdiction: These terms and the provision and use of MYFamily Protection are subject to Norwegian Law without regard to its conflicts of laws provisions. For the resolution of any conflict regarding the interpretation, performance or breach of these Terms or use of MYFamily Protection, the parties submit to the exclusive jurisdiction of the Courts of the City London, UK, without prejudice to any applicable consumer rights to bring actions in the court of the user's domicile. The parties agree to use all reasonable efforts to resolve such issues amicably prior to initiating any legal action.

Contact. Any questions regarding MYFamily Protection, our products and services or these Terms should be addressed via the online web form or to info@mymobilesecurity.com. MYMobileSecurity Ltd. is registered in the HRMC Commercial Registry, corp id 7715967. Its registered address is 5 Upper Montagu street, W1H 2AG, London UK. VAT: GB1211109