Privacy Policy

Introduction

Our Privacy Policy notifies you how we gather, apply and share the data and information we collect. We collect information through 1.from the fenced website at www.fenced.ai (the “Site”) 2.the provision of our Services

You agree to our terms of Privacy Policy by using any of our Services, Site, and/or submitting any information to us. This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in fenced.ai. This policy does not apply to any information collected offline or via channels other than this website. This Privacy Policy should be read in conjunction with and is incorporated into, the fenced.ai website Terms of Use (https://fenced.ai/terms-of-use/)

Data Collection by fenced.ai

The personal data about you or your Covered Accounts (hereinafter the "Data") that can be collected by us through the use of the Services or the Site are as follows: The following are the types of personal data (stated as “Data” here) about you or your Covered Account (s) that we may acquire through the Site or Services:

Browsing

We collect information such as your operating system, browser, and device's IP address, as well as statistics on how you use the Site when you visit it. If you use a mobile device to access our Site, we may collect information about it, such as the operating system and browser you're using, as well as a unique device identification number. We may also collect information about your online activities from other websites that you designate to us, such as social networking sites, email accounts, or other interactive sites.

Third-Party Cookies

When a customer uses our website, these third parties may gather information about his or her online habits over time and across multiple websites. We may also allow third-party service providers to put cookies on our Site for analytic or marketing purposes provided you have been informed and consented to their use. We have no control over how these third-party cookies are used or the information that results from them, and we are not responsible for their actions or policies. We enable chosen third parties to install cookies on the Site to give us greater insights into how the Site is used or user demographics, or to present you with more relevant advertising. For example, we enable Google Analytics to set cookies on our Site to collect aggregated information on how our Site is used and how visitors use it so that we may improve our services to you.

Web-forms

We gather the data stated in the forms stated in and supplied through these forms by you, including your name and email address if you submit any webform to us. The information needed to send the web form is highlighted. This information is used to complete your request and to contact you for more data.

Cookies

We use cookies and other similar technologies to gather aggregated data about how our visitors use the Site and to remember you and your preferences when you return. These cookies will remain on your computer until they expire or you delete them. When you shut your browser window, these cookies are normally deleted. https://fenced.ai/cookie-policy/ provides more basic information on cookies and how they function

Covered Account Data

We collect and handle personal data linked to your Covered Accounts on your behalf as a primary feature of the Service. Our system employs proprietary algorithms to examine Covered Account(s)' online activities with websites, social networking sites, personal emails, and other online sites, including postings, blogs, and other communications, via their registered devices and apps.

Registration Data

We will collect the following personal data when you register for fenced.ai Services: name, organization/company (if applicable to Services selected), email id, payment details (if applicable), and at least one username (“Registration Details”). This information is required, and an account cannot be created without it.

Location information

We may track the geolocation of devices that are linked to our Site. In addition, we may ask for geographic information, such as the city where your child's school is situated so that we can put our analytics into perspective.

Do-Not-Track

We do not utilize technology that detects your web browser's "do-not-track" signal.

The Services

Fenced.ai (“fenced.ai” or “we” or “us”), is a company based in Melbourne, Australia. Our services assist you in keeping track of youngsters under the age of 18 about how they utilize digital devices and apps. You may choose the devices and applications to be monitored for each of your Covered Accounts using the Services (s). You are fully responsible for the setup of the Services for your Covered Account, as the fenced.ai Services deploy the configuration and instructions you provide automatically.

Data Collected by fenced.ai and Its Use

Here we present the use of data collected by fenced.ai.

Covered Account Data

All Covered Account Data in our custody will be accessible to your Authorized Users for inspection and, if required, modification. By e-mailing our customer care at [email protected], your Authorized Users can seek access to such Covered Account Data. You will get notification emails, texts, and other reports on certain Covered Account Data monitored by the Services, as well as your registered Administrators and Users (collectively, your "Authorized Users").

Registration Data

We are in charge of processing your Registration Data, which is used for interaction with you as well as the delivery and administration of our Services. It is also used to evaluate and improve the Services and functionality, as well as to provide customer support, send email alerts and (unless removed from the distribution list) newsletters, or other communications in general about the Services, products, and novelty items, as well as offers or promotions offered by us. We'll use your Registration Data for these reasons, as well as to comply with the Terms of Service and other legal requirements that apply to your Services.

Commercial Communications

You expressly consent to receive electronic commercial communications on the subject matter of the Services, as well as additional services such as alerts, notifications, newsletters, offers, and promotions, by filling out and providing your Registration Data to us. You can specifically opt out of receiving such information from us by sending a message to [email protected]

Sharing your Information

We keep your information private and secure, as required by law. fenced.ai can share your details with security agencies based on implementing a lawful court order or in the event of litigation. It may also arise where there is a case of bribery, violation of contracts, or to protect workers’ or consumers’ rights and privileges. We may disclose your Data or other information about you to unaffiliated third parties:

• if you request or agree to allow it;
• ii. if the data is shared with our affiliates, outside contractors, or service providers, agents for them to execute tasks on our behalf (e.g., Data analysis, customer support, order processing, and so forth.);
• If the disclosure is made as part of a service or asset acquisition, transfer, or sale (e.g., Your Data may be one of the transferred assets if we sell substantially all of our assets to another company.);
• if the information is given to comply with the regulations, relevant laws, legislative and semi-governmental requests, legal procedures, or arrest warrants (issued that we will inform you of any such interaction of your Data to the extent legally acceptable), to implement our Terms of Service or other agreements, or to protect our rights, assets, or security or the rights, property, or protection of our users; or
• as indicated elsewhere in this Privacy Policy We will only share your data with third parties as specified in items 3 through 5 of the previous sentence if the third party agrees to protect your data to the same degree as we do under the conditions of this Privacy Policy. We will never sell or rent your data to other parties, nor will we supplement, extend, or mix it with data from other sources. fenced.ai or any person or entity operating on fenced.ai's behalf will never make your data publicly available in any form.

Data Retention

Your personal data will only be retained for the period it is necessary to fulfill the purpose we collected it for, including (a) the performance of the contract with registered users and (b) for the purposes of satisfying any legal, accounting, or reporting requirements. The period for retention of personal data is based on its nature, including the amount, nature, and sensitivity as well as the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which it is processed and whether those purposes can be achieved through other means, and the legal requirements. Generally speaking, we will retain your personal data for the period of your subscription (in active format) and five years thereafter (blocked), for legal and/or administrative purposes.

Data Processing on Your Behalf

Data Processing on Your Behalf: fenced.ai as Data Processor.

User Data

User Data is not our property nor under our control, and we merely keep track of it to provide the Services. Any User Data that contains both personally identifiable and non-personally identifiable data will be handled as personally identifiable data. We shall take reasonable effort to ensure that any User Data we collect is accurate. We begin collecting data from the devices and applications associated with your Covered Account(s), which may include personal data relating to you, your Covered Accounts, or third parties, including information about your devices used by Covered Accounts, websites and applications that your Covered Accounts use, and contacts after you register for and deploy the fenced.ai Services. You are the Data Controller of this User Data, and you appoint us as a Data Processor of such User Data to deliver our Services, following relevant privacy law to the extent that it relates to the Services.

Your use of User Data

As Data Controller, you represent and warrant that you have the legal authority to collect and process User Data, and you agree to handle and use User Data following this Privacy Policy, the relevant Terms of Service, and applicable legislation. You will not submit to the Services any personal data on anybody who has not given their consent to be processed. You shall keep any accessible User Data secret and prevent unauthorized third parties from accessing or disclosing it. Any problem emerging from the maintenance of your fenced.ai account and/or User Data will be reported to us within 24 hours. You and your Users are responsible for any illegal use of another person's data (personal or otherwise) through the Services, including any use that violates applicable data protection laws and/or this Privacy Policy (including the Federal Family Educational Rights and Privacy Act of 1974 (“FERPA”) and/or this Privacy Policy. The parties acknowledge that (a) User Data might comprise personally identifiable information from FERPA-protected educational records ("FERPA Records"); and (b) We shall be deemed a "School Official" (as that word is used under FERPA and its implementing rules) and will comply with FERPA to the extent that User Data in our possession, custody, or control includes FERPA Records. Under FERPA, we shall not divulge FERPA Records as “Directory Information.”

Data Processor Obligations

If we are acting as a Data Processor on your behalf, we shall

• Enact adequate technological and organizational safeguards to protect any User Data against unauthorized or illegal access, loss, destruction, theft, use, or disclosure;
• Only treat User Data following this Privacy Policy and your instructions;
• Only those employees who need to know about User Data for us to provide the Services should have access to it and
• Will not use the User Data for any reasons other than those necessary to provide the Services or as directed by you in writing. We shall stop using the User Data and destroy it after this Agreement expires or is terminated by de-registration, or if you request it. We will not disclose User Data to any third party without your prior written consent or following a court or administrative order, except as indicated in this Privacy Policy or the applicable Terms of Service.

Warranties

You represent and warrant to us, as the person responsible for User Data that we handle on your behalf as Data Processor for the provision of the Services, that:

• You follow all relevant rules regarding the monitoring and management of devices and apps that you or your Covered Accounts use; and
• Every data subject, including without limitation, each Covered Account, whose personal data is provided to us in the course of providing the Services or collected and transferred to us by the Services, has given you all legally needed informed consents.

Subcontracting

In the case of such access by a subcontractor or other third party, we will verify that an agreement is in place with the third party that is adequate to oblige it to treat personal data following the applicable terms of this Privacy Policy before the access takes place. As Data Controller, we may give a subcontractor processor access to any User Data if we reasonably believe such access and processing is required for the delivery of the Services. You specifically permit us to subcontract to the third parties listed in the section on international transfers that follows.

Indemnity

You undertake to defend, indemnify, and hold us harmless from any claims, damages, or losses we may incur as a result of the processing of User Data and othe¬r third-party personal data supplied to our systems during your use of the Services and our supply of the Services.

Data removal

If you want to delete all of your fenced.ai account's User Data, uninstall the app from all of your devices and submit an email (as detailed below) with a digital copy of your ID or another form of proof to establish your identity. We will erase all of your data from our active systems and backups within fifteen (15) days of confirming your identification (except as indicated below). We usually save your User Data on an identifiable basis for 30 days before deleting it. We may keep elements of your User Data indefinitely to provide you with reports on your Covered Account (s). The Covered Account and/or you as a Data Controller are in charge of each Covered Account's User Data. We do not have control over any User Data, and we cannot and will not grant access to any Covered Account requesting to review or fix inaccuracies in his or her User Data. Any such requests we get will be forwarded to you, and you will be responsible for responding to them.

Service Configuration

As specified in this Privacy Policy and the relevant Terms of Service, the Services provide device and application monitoring services for Covered Accounts. Significant quantities of User Data may be gathered and communicated to fenced.ai as part of the same. You are responsible for configuring the Services that you use.

• Regulates the monitoring and supervision of activities, and
• Defines the kind of personal data that will be watched and collected. Setting such preferences entails you permitting us to process User Data on your behalf to provide you with the Services. You are solely responsible for the amount and scope of such surveillance and monitoring, and we will not be held liable for any such configuration and control carried out by you. You shall be responsible for all such User Data, with fenced.ai acting as a data processor and adhering to this Privacy Policy.

Fenced.ai services and the Children’s Online Privacy Protection Act (COPPA)

The Children's Online Privacy Protection Act regulates the collection of information about children under the age of 13 who access websites or other Internet applications. Despite being designed to help parents/guardians with children of all ages, the configuration, administration, and management of Fenced.ai is intended for use by adults over the age of 18. Fenced.ai does not request any information about minor children in order to provide its services. Any user who submits personal information about a minor child will have that information encrypted during transmission.

Ensure the effective use of Fenced.ai’s services and assist in the effective use of information to prevent inadvertent disclosure of personal information. We also encourage the parents with children under the age of 18 to actively guide any interactions with Fenced.ai. Fenced.ai believes that its privacy policies and procedures meet the requirements of the COPPA when access is permitted to anyone under the age of 13.

International Transfers of Data

fenced.ai privacy policies are covered by common law, Which applies to any sovereign nation on earth under international law. For the provision of Services, we use third-party technical services, the providers of which may handle Registration Data and User Data obtained in the course of providing us with the services listed below as sub-processors. You give us permission to subcontract the following services and transmit User Data to the businesses and countries specified below:

• Data hosting and information systems: Amazon Inc., USA;
• Electronic communications: Google Inc., USA;
• 3. Sending of commercial emails: Sendinblue, USA

These organizations are all covered by the EU-US Privacy Shield.

Analytics and Other Anonymous Data Use

We anonymize your Data and keep and use it to evaluate and enhance our Services. This de-identified data is exclusively used for internal purposes, such as determining how our Services are used, assessing their efficacy, and providing general customer service.

Accessing Your Information and Your Choices

You have the right to request access to, correct, remove, block, and object to any processing of your data that we may conduct. By accessing the Site's Settings page, you may update, alter, or remove your contact information at any time. On the Site's My Account page, you may update or amend your billing and payment information. You can “unsubscribe” from receiving promotional emails from us by following the instructions in any promotional email you receive. This does not prevent us from sending you emails regarding your account or transactions. You may remove or disable cookies by configuring your browser to reject all cookies or just accept cookies from certain websites. If you disable cookies, the Site's functionality may be hampered, and certain functions may not work at all. You can also withdraw your permission to the processing of your data and information at any time. This withdraw will not affect the past, but it may prohibit us from delivering the Services in the future. The foregoing is without prejudice to relevant legislation, which allows us to keep your data to defend our duty and meet our legal responsibilities. Contact us at [email protected] to exercise the aforementioned rights. We shall help you in following the features of the Services and this Privacy Policy to respond to any Covered Account request for data processing.

Data Security

We have implemented technical and organizational measures to preserve and protect your Data (including User Data) that we keep track from unauthorized access, alteration, loss, or misuse, taking into account the technological state of the art, the characteristics of the information stored, and the risks to which information is exposed, including without limitation encryption of all data at rest. Every year, we also hire a third party to assess our security policies, methods, and standards. We cannot, however, secure or guarantee the security of your Data owing to the nature of information and related technologies, and we expressly disavow any such obligation. If we become aware of a security breach, we will make every effort to tell you electronically as soon as possible so that you may take the necessary precautions. You play a part in the security of your data, and you're responsible for keeping your log-in credentials safe from prying eyes. You can update your email/user name or password on the Site's Account page if your log-in information is lost or stolen. We will assume that you have authorized the instructions if we get them using your log-in credentials.

Consent

You confirm that you have read and accepted the terms of this Privacy Policy by registering for the Services and creating an account. Without limiting the generality of the preceding, you hereby expressly and firmly agree to:

• The gathering and processing of your data by us for the reasons stated and following our Privacy Policy;
• As described below, the gathering and processing of User Data on your behalf; and
• The collection of all personal data mentioned in this Privacy Policy by the following subcontractors: Amazon Inc., Google Inc., and Sendinblue, USA for the purposes described above, outside the European Economic Area (especially in the United States of America).

Your permission to the collection and processing of your data may be canceled at any time, with no retroactive effect, per relevant legislation.

Links to Other Sites

Others may connect to this Site or post a link to their site on ours with our permission. Other sites and their privacy practices are not endorsed by us, and we are not responsible for them. Before submitting any information, please read their privacy policies.

Changes to the Privacy Policy

This Privacy Policy may be amended as we develop and develop. How we may use your information is governed by the Policy in force at the time you use the Site. If we make significant changes, we will post the new Policy and the amended effective date on this Site and notify you when you use the Services again. Please return to this page from time to time to examine any updates.

Data subject’s rights

In accordance with the applicable data protection law, you have the right to:

• Request access to your personal data: In the event of this request, we’ll provide you with a copy of your personal data (commonly known as ‘data subject access request’) we store about you and the verification of its lawful processing by us. The data subject can request access to personal data on the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the user.
• Request correction of your personal data: : In the event of this request, you can change/correct any inaccurate or incomplete data we hold about you. This correction will be active as soon as we complete a simple process for the verification of the accuracy of new data you provide to us.
• Request erasure of your personal data: If you find the possession and processing of any of your personal data by us to be without any specific reason, you have the right to request us to delete or remove the personal data. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), in the event of unlawful processing of your information by us or the need to erase your personal data in order to comply with local law. The data subject can withdraw consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing. The data subject can object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR. NOTE: In the case that any specific legal reason prohibits us from complying with your request for erasure of your personal data, we’ll notify you with the exact reasons, if applicable, at the time of your request.
• Object to processing of your personal data: You have a right to object to processing if you find a legitimate interest (or those of a third party) impacts your fundamental rights and freedom. You also have a right to object where we are processing your data for marketing purposes, but this right may be override if we can show compelling legitimate grounds for the processing of your information. The data subject can object to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
• Request restriction of processing of your personal data: In the event of such a request, we’ll suspend the processing of your personal data. The scenarios that enable you to put this request includes (i) if you want us to establish the data’s accuracy; (ii) we’re using your data unlawfully but you do not want it erased; (iii) you need us to hold the data despite it being no longer required by us, for establishing, exercising, or defending legal claims; or (iv) you have objected to our use of your data but we need to verify if we have overriding legitimate grounds to use it. The data subject can object to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of controller override those of the data subject. Note: 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: You have a right to withdraw your consent to prevent us from processing your personal data, which was processed only upon your consent. Your withdrawal of consent will not have an impact on the lawfulness of the data processed before your request. We may not be able to make certain products or services available to you in the event you withdraw consent for processing of data. You’ll be notified if this is the case. The data subject can object to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of controller override those of the data subject.

Termination, resolution, and expiration

Fenced.ai will not keep the User Data in the event that this contractual relationship is terminated, resolved, or expired, unless otherwise required by law. All personal information and all copies thereof, as well as all documentation containing personal information, shall be destroyed or returned to the client by Fenced.ai. In such an instance, Fenced.ai retains the right to maintain the processing of User Data where the data is already being processed by Fenced.ai, or for its own legal defense.

Fenced.ai – Google API Disclosure

Fenced.ai’s use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

The Limited Use requirements have four elements:

• Allowed Use: Developers are only allowed to use restricted scope data to provide or improve user-facing features that are prominent from the requesting app’s user interface. It should be clear to your users why and how you use the restricted scope data they’ve chosen to share with you.
• Allowed Use: Developers are only allowed to use restricted scope data to provide or improve user-facing features that are prominent from the requesting app’s user interface. It should be clear to your users why and how you use the restricted scope data they’ve chosen to share with you.
• Prohibited Advertising: Developers are never allowed to use or transfer restricted scope data to serve users advertisements. This includes personalized, re-targeted and interest-based advertising.
• Prohibited Human Interaction: Developers cannot allow humans to read restricted scope user data. For example, a developer with access to a user’s data is not allowed to have one of its employees read through a user’s emails. There are four limited exceptions to this rule: (a) the developer obtains a user’s consent to read specific messages (for example, for tech support), (b) it’s necessary for security purposes (for example, investigating abuse), (c) to comply with applicable laws, and (d) the developer aggregates and anonymizes the data and only uses it for internal operations (for example, reporting aggregate statistics in an internal dashboard).

Our use of data obtained via the Restricted Scopes comply with these requirements:

• Limit our use of data to providing or improving user-facing features that are prominent in the requesting application's user interface. All other uses of the data are prohibited;
• Only transfer the data to others if necessary to provide or improve user-facing features that are prominent in the requesting application's user interface. We may also transfer data as necessary to comply with applicable law or as part of a merger, acquisition, or sale of assets with notice to users. All other transfers or sales of the user data are prohibited;
• We don't use or transfer the data for serving ads, including retargeting, personalized, or interest-based advertising; and
• We don't allow humans to read the data, unless
  • We have first obtained the user's affirmative agreement to view specific messages, files, or other data, with the limited exception of use cases approved by Google under additional terms applicable to the Nest Device Access program;
  • It is necessary for security purposes (such as investigating a bug or abuse);
  • It is necessary to comply with applicable law; or
  • Our use is limited to internal operations and the data (including derivations) have been aggregated and anonymized.

These prohibitions apply to the raw data obtained from Restricted Scopes and data aggregated, anonymized, or derived from them. We ensure that our employees, agents, contractors, and successors comply with this Google API Services: User Data Policy.