This policy applies where we are acting as a data controller with respect to the personal data (in accordance with Article 4 (1) GDPR) collected of our Website visitors and Service users whenever and where we determine the purposes and means of the storing and/ or processing of that personal data to be collected.
In this policy “we”, “us” and “our/s” refer to Family Orbit.
The storing and/ or processing of data through our website and for the purpose of providing our Services, are based on our legitimate interest (in accordance with Article 6(1)(f) GDPR) to monitor and improve both our Website itself and the Services associated with it. With respect thereto, we may store and/ or process personal data following the provisions of Article. 13(1) GDPR:
1. data about your use of our website and of our Software, as well as about our services provided with respect thereto ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, length of visit, and website navigation paths, as well as information about the timing, and frequency. The source of the usage data is our analytics tracking system. This usage data may be stored and/ or processed for the purposes of analysing the use of the website and its services;
2. Data that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be stored and/ or processed for the purposes of sending you the relevant notifications and/or newsletters;
4. Information contained in an enquiry you submit to us regarding our services ("enquiry data"). The enquiry data may be stored and/ or processed for the purposes of offering Software, certain Services related to this Software, as well as to perform marketing.
5. Data related to communication you send to us (“correspondence data”) The correspondence data may include any form of communication content and metadata associated with the communication. Correspondence data may be stored and/ or processed for the purpose of record-keeping.
6. Data that you provide in the course of the use of our services ("service data"). Service data may be stored and/ or used for the purposes of ensuring the quality and proper functioning of our website and our Services, to provide technical support and customer care.
7. Information relating to monetary transactions related to our Services, as well as relating to order details (“transaction data”). Transaction data may include personal information such as names, payment information, billing address and other related data. Transaction data may be stored and/ or processed for the purpose of processing payments and/ or detecting incorrect order details.
We do not store and or process any other person’s personal data and thus ask you not to provide such data unless and until we prompt you to do so.
Whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected or used by others. Such postings may also appear on other Apps or when searches are executed on the subject of your posting.
We may disclose any of the above-mentioned data to any member of our company in accordance with Article 13(1)(e) GDPR insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy. We may disclose any of the above-mentioned data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
We may disclose necessary information of the above-mentioned, to our payment service providers whenever financial transactions relating to our Website and Services are being conducted. We will share transaction data with our payment service providers only to the extent necessary for the purpose of processing your payments, refunding payments and/ or dealing with complaints relating to such payments and/ or refunds.
In addition to the disclosure of data set out herein, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your interests as a natural person or the interests of another natural person. We may also disclose your personal data where such disclosure is necessary with respect to litigation whether in court proceedings or in an administrative or out-of-court procedure.
In any event, in which personal is disclosed, we guarantee to follow all provisions made under Articles 13(1)(e) and 14(1)(e) GDPR.
All personal data that we store and/ or process for any purpose or purposes mentioned herein shall not be kept for longer than is necessary for that or those purposes. Your personal data will be retained as follows:
(a) “usage data” – will be retained for a minimum period of 90 days following the date at which the website and its contents are viewed from your personal computer/ mobile device.
(b) “notification data”–will be retained for a minimum period of 90 days following the date at which you agree on our website that you wish to receive notifications.
(c) “submission data” – will be retained for a minimum period of 90 days following the date at which you add the account data to our system.
(d) “enquiry data”–will be retained for a minimum period of 90 days following the date at which you enter an enquiry into our system.
(e) “correspondence data” – will be retained for a minimum period of 90 days following the date at which you opt to get in touch with us.
(f) “service data” – will be retained for a minimum period of 90 days following the date at which you make an action to either seek technical support or reach out for customer help in any way.
(g) “transaction data” – will be retained for a minimum period of 90 days following the date at which the transaction is made.
Irrespectively of the period of 90 days mentioned above, we recognize that in certain cases (such as in the event of i.e. disclosure due to litigation) it is not possible for us to specify in advance the periods for which your personal data will be retained.
Here at Family Orbit, your data may be transferred to, stored and/ or processed in countries outside of the EEA. The European Commission has made a so called “adequacy decision” with respect to data protection laws of non-EEA countries. Transfers, storing and or processing to and in those countries will be protected by standard data protection clauses adopted or approved by the European Commission. However, the European Commission yet did not make adequacy decision with respect to all non-EEA countries – for transfers to those countries, please find Regulations (EU) 2016/679 and (EU) 2016/680.
Here at Family Orbit, your data may be transferred to, stored and/ or processed in Australia, United States, India and Hong Kong where our servers are located. Where data is transferred to these countries, transfers to these coutries are made via HTTP or FTP. Although we deploy all necessary measures to make sure your data is protected when transferred internationally, we recognize that circumstances beyond our control may cause your data to be disclosed to third parties at certain points. With respect thereto, you acknowledge that the personal data submitted to us through your proactive act of submission either through our Website or otherwise with respect to our Services, may be available via the Internet, all around the world. We cannot prevent and thus cannot be held liable for the use (or misuse) of such personal data by others.
You may at any given point in time instruct us to provide you with any personal information we hold about you; provision of such information will be subject to the supply of appropriate and sufficient evidence of your identity. As sufficient and appropriate evidence, we accept a copy of your national identity card, or your passport, accompanied by a utility bill stating your current address of residence.
We may withhold personal information that you request to the extent permitted by law. You may instruct us at any time not to process your personal information for marketing purposes. We will use your personal information for marketing purposes only if expressly agreed to our use of your personal information for marketing purposes.
Your principal rights under data protection law shall remain unaffected by the provisions contained herein. With respect thereto, your principal rights are the following:
a. the right to access your personal data according to Article 15 GDPR; the right to rectification of any inaccurate or incomplete personal data about you following Article 16 GDPR;
b. the right to erasure without undue delay if the data stored and/ or processed is no longer required to be stored and/ or processed given that the purpose as to which the data was stored and/ or processed in the first place is omitted, unless the data to be erased is subject to exclusions of the right to erasure under Article 17 GDPR, and in accordance with Articles 13(2)(b), 14(2)(c) and 15(1)(e) GDPR
c. the right to restrict processing in accordance with Article 18(1) GDPR if i.e. the processing of the personal data is unlawful, but the provision of erasure does not apply, or i.e. if the purpose of storing and/ or processing ceased to apply but means of litigation require the data to be stored and/ or processed;
d. the right to object to processing personal data for marketing purposes and/ or scientific research under Article 21 GDPR read in conjunction with Articles 21(4), 13(2)(b) and 14(2)(c) of the GDPR;
e. the right to data portability if and unless this right interferes with any rights of third parties set forth in Article 20 GDPR, read in conjunction with Articles 13(2)(b), 14(2)(c); the right to complain to a supervisory authority if you experience an infringement of data protection laws and you have the legal right to file a complaint with a supervisory authority following Article 77 GDPR, read in conjunction with Articles 13(2)(d), 14(2)(e) and 15(1)(f); and
f. the right to withdraw consent according to Article 7(3) GDPR, read in conjunction with Articles 13(2)(c), 14(2)(d) and 17(1)(b).
You may exercise any or all of these rights with respect to the storing and/ or processing of your personal data by written notice to familyorbit.com.
If you have used the App before, it is possible that Family Orbit has data about you already and it is being used to contact you about offers, events, items or related activities. If you are an existing customer, Family Orbit will continue to keep you informed unless you revoke your consent via the procedures set forth below.
If you are a new user, Family Orbit will automatically opt-you in to receive emails regarding future offers, events and new services or related activities. Family Orbit will not bombard you with emails, but Family Orbit, with your consent, would like to keep you informed of any developments on the App.
If you have consented to receive such information, you may always revoke that consent at any time by tapping on Unsubscribe on any of those emails or deleting your account.
Transmission of data and information via the App is not a secure or encrypted transmission method for sending your Personal Information, unless otherwise indicated on the App. Accordingly, your attention is drawn to the fact that any information and personal data carried over the Internet is not secure. Personal Information may be intercepted, lost, redirected, corrupted, changed and accessed by other people.
Nevertheless, Family Orbit is committed to using all reasonable efforts to protect Personal Information collected through the App against unauthorized access, use or disclosure. Consequently, we limit employees' access to Personal Information collected through the App to only those employees who need access to the information in the performance of their official duties. In addition, we set strict security standards to prevent any unauthorized access to your Personal Information once we have received it and wherever possible we will use adequate security software and working procedures to ensure the security of your personal data. To prevent unauthorized access, maintain accuracy, and ensure proper use of Personal Information, we have employed physical, electronic, and managerial processes to safeguard and secure the Personal Information we collect online. These measures include limiting the number of people who have physical access to Family Orbit database servers, as well as electronic security systems and password protections which guard against unauthorized access.
Data in our Logs. When you use Family Orbit or go to a webpage or use an app that has Family Orbit features (like our 'Share It' button), our system automatically records that information ('data in our logs') including information that your internet browser sends whenever you search an App or your mobile application sends when you're using it going to and from different applications. The data in our logs may also include your IP address, the address of the most recent web pages you've visited that had Family Orbit features, browser type and settings, the date and time of your request, how you used Family Orbit, and cookie data.
We may disclose your Personal Information to any member of our group, which means our subsidiaries and our ultimate holding company and its subsidiaries. We may disclose your Personal Information to third parties if you have consented to such disclosure. In addition, we may disclose or provide access to your Personal Information to third parties without your consent:
- if we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets;
- if Family Orbit or substantially all of its assets are acquired by a third party, in which case Personal Information held by it about its customers will, in most instances, be one of the transferred assets;
- if we ask a third party to carry out data analysis, cleansing and/or market research on our behalf;
- for the purpose of validating the identity of the user and/or conducting background checks; or
- if we have a good faith belief that we are under a duty to disclose or share your personal data in order to comply with any legal obligation (such as in connection with a law enforcement request, judicial proceeding, court order or legal process), or in order to enforce or apply our policy or to protect the rights, property, or safety of Family Orbit, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
It is important to Family Orbit that parents and guardians have control over what information is collected from their children online and how such information is or may be used. The Children's Online Privacy Protection Act of 1998 ("COPPA") imposes restrictions on commercial Apps, including ours. It is our policy to be compliant with the requirements of COPPA and not to solicit or collect information about or from children age 13 and under without the consent of the parent or legal guardian first.
Beyond the requirements of COPPA, we require that individuals be age 21 or over to register an account of the Service. Users are cautioned, however, that absent a clear indication an online communication has been submitted by a person under age 21, the collection of Personal Information submitted to the App will be treated as though it was submitted by an adult, and may, unless exempted from access by federal or state law, be subject to public access.
If a Parent wishes to add a User who is under 13 to the Family account, the Parent must first complete the Parental Consent Form and return it via mail, or email. The Parental consent form can be found here - https://www.familyorbit.com/dl/parental-consent.pdf.
The parent may contact us to review and/or delete any personal information that is collected by Family Orbit from the child, or to withdraw permission for Family Orbit to collect any additional information from the child. Please contact us at firstname.lastname@example.org if you have any question about your child account. All the information collected from the child is viewable by the parent through the online web panel or the parent's app using the authentication created by the parent upon account creation.
In the event that Family Orbit receives an online communication clearly indicating that it has been submitted by a person under the age of 18, under no circumstances will any Personal Information be published on the App, be used for a purpose not intended by its sender or shared with third parties.
Users may also find advertising or other content on our App that link to the Apps and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these Apps and are not responsible for the practices employed by Apps linked to or from our App. In addition, these Apps or services, including their content and links, may be constantly changing.
These Apps and services may have their own privacy policies and customer service policies. Browsing and interaction on any other App, including Apps which have a link to our App, is subject to that App's own terms and policies. An App may contain links to other Apps. Family Orbit is not responsible for the privacy practices that they are acceptable prior to use. A link does not constitute an endorsement of the content, viewpoint or accuracy of such Apps.
On our website, we may use social media sharing buttons which help share web content directly from web pages to a social media platform. Whenever you use a social sharing button, be advised that you do so on your own discretion and note that the social media platform may track and save your request.
We may share web links to relevant web pages through our social media accounts. By default, some social media platforms shorten lengthy URL’s (web addresses). Users are advised to take caution and good judgement before clicking any shortened URL’s published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine URL’s are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
We may use third party service providers to help us operate our business and the App or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
If we ever send you information by email concerning new products, services or information that you did not expressly request, we will provide you with an email address by which you may request no further notices.
Family Orbit understands Google along with all other web browsers must adhere to any and all laws, of any and all States with the United States and abroad when anyone under the age of 18 years old is involved. Family Orbit is law compliant. Family Orbit does not hire children to perform any work on this web property or for the company itself. Children are not allowed to peruse, join, read, write or co-join this App.
Children is defined as a person under the age of 18 years age, no matter if they are emancipated or not, or they are the ward of court jurisdictions. Children are not allowed to contract, therefore, may not purchase services and or products from Family Orbit.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
o Send information; respond to inquiries, and/or other requests or questions.
o Process orders and to send information and updates pertaining to orders
o We may also send you additional information related to your product and/or service.
o Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
To be in accordance with CANSPAM we agree to the following:
o NOT use false or misleading subjects or email addresses
o Identify the message as an advertisement in some reasonable way
o Include the physical address of our business, App or site headquarters
o Monitor third party email marketing services for compliance, if one is used.
o Honor opt-out/unsubscribe requests quickly
o Allow users to unsubscribe by using the link at the bottom of each email
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email
o Within 7 business days We will notify the users via in our App or site notification
o Within 7 business days We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only those individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
Your acceptance of these terms
Family Orbit welcomes your questions or comments regarding this Statement of Privacy. If you believe that Family Orbit has not adhered to this Statement, please contact us at:
App: Family Orbit
Last Modified on May 26, 2018