Your Privacy Rights
Effective Date: May 7, 2019
In particular, we recognize the sensitive and confidential nature of the information which may be shared between users of our Service. We are making every reasonable effort to secure your data and have engaged an Advisory Committee so that we follow and maintain the best practices in the industry.
Our Services include tools designed to help you and your former partner (“Partner”) and other Users (collectively, “Users”) manage communication, parenting plans and scheduling, help you manage shared expenses, contacts and other critical information, and send and receive payments to one another. In order for you to use the Services effectively, you will need to provide us with information about your family, your schedules and your parenting responsibilities, as well as any shared expenses, contacts or other information that you would like to manage via the Services. You will also have the option to upload, store and search your relevant legal documents (such as court orders, judgments and agreements), as well as medical information and other materials, which we will store on our server.
Your account and that of your former Partner will be connected so that you both will have access to the Services in order to manage and facilitate your interactions. You will control what information is shared with your Partner. Similarly, you will have the ability to share certain information with others, such as other family members, caretakers, attorneys and accountants.
Regardless of where you or our servers are located, your personal data may be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world. BY VISITING THE WEBSITE AND USING THE SERVICES, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND THAT U.S. LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.
We collect two types of information about and from persons who use the Services: Personal Information and Anonymous Information. “Personal Information” is information that is personally identifiable to you, such as your name, address, email address or phone number, as well as other non-public information that is associated with the foregoing. Anything you publicly post or that is available publicly will not be considered Personal Information, and will be outside the restrictions of this policy. “Anonymous Information” means information that is not associated with or linked to your Personal Information. We may create Anonymous Information from (i) automatically gathered information or (ii) Personal Information by excluding information (such as name) that may make the information personally identifiable to you.
Personal Information Collected
We collect certain Personal Information about you or about those you identify, which may be supplied when you interact with the Services, complete a survey, make a transaction, schedule an event, share information, when you request services or initiate a transaction, or otherwise when you submit such information. The information collected may include one or more of the following:
- Phone Number(s);
- E-mail address;
- Credit card information;
- Date of birth;
- Your schedule and the schedule(s) of your children or dependent adults;
- Employment information;
- Other family information;
- IP Address;
- Information from your activities on the Services;
- Other financial information (e.g. child care expenses, etc.);
- SMS and other text messages and e-mail messages;
- Photos, videos and audio recordings;
- Account information (e.g. user name);
- Other information and documents that you may voluntarily upload or communicate through the Service, which may include medical and other health information of your minor children; and
- Certain court orders or other legal documents.
- Social security number;**
- Bank account information;** and
- Other information required for payment processing and receipts for payment**
*Geolocation tracking is included in the Service for convenience in drop-off and pick-up of children or other dependents, or delivery of items, as well as monitoring and recordation of such deliveries and pick-ups. If a protective order is issued against your Partner at any time, you must contact support@FamilyPlanApp.com immediately. The Service will continue to collect geolocation information and will maintain records for your own use, but we will disable it from being shared at that time with the Partner who is subject to the order. Please be aware that your phone and that of your Partner will collect such data and send it to us even when you are not actively using the Service. However, most mobile devices allow you to control or disable the use of location services at any time in your mobile device’s settings menu.
The Service may permit you to log in through, or directly share any information with, a third party platform (such as Google, or a social media platform like Facebook, Twitter, Instagram, etc.). Please note that those services may collect additional information about you and your usage of the Service. The Service charges a fee, facilitates payments between you and other Users, and collects payment information which may include credit card, debit card, or bank account information. All payments between you and us, and between and among you and other Users (a “Transaction”) will be accomplished through a third-party payment processor, and is subject to the policies of that processor.
**Social security, bank account, and other similar information may be collected and shared with a financial services provider. We do not use this information except to assist in verification of the identity of the sending and receiving party and the initiation and receipt of Transactions.
The initial third party financial services provider for Transactions will be Paypal, with privacy policies found here: https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
Anonymous Information is collected about you when you use the Services, including but not limited to enrolment history, the type of device you used and its operating system, the pages accessed most frequently, how pages are used, search terms entered, and similar data.
Automatically tracking Internet Protocol (IP) addresses is one method of automatically collecting information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your device whenever you surf the internet. Further, the Services may utilize web beacons, pixel tags, cookies, embedded links, and other commonly used information-gathering tools. Although it may be possible to turn off the collection of cookies through your device, that may interfere with your use of the Services.
Cookies are files created by the website and stored in your computer or device, either temporarily for that browser session (session cookie) only, or more permanently on your computer or device (persistent cookie). Cookies provide a way for a website or application to recognize you and keep track of your preferences. You can turn off some cookies, but doing so will affect the functionality of our Services and make usage less convenient.
Our website and web-based application uses both session cookies and persistent cookies. These cookies are used to remember your user preferences and to store your user name and password or other login information (if that option is chosen)
Our mobile application also includes a mobile browser popup that can utilize persistent cookies to remember your user name for Transaction processing..
We use web analytics tools provided by service partners such as Google Analytics to collect information about how you interact with our Services, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information. We use the information provided by these tools to improve our Services. Some of these tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. The information collected from the cookie may be transmitted to and stored by our service partner anywhere in the world, not necessarily on servers in a country in which you reside. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies. You can manage your cookies and cookie preferences in your browser or device settings, or through third-party tools. Again, the functionality of the Services may be affected if you do not allow for cookie placement or if you delete cookies.
Use of Information
Internal Use of Information by Us
We accept and gather Personal Information and Anonymous Information in an effort to provide the Services to you. We may also use this information to help us develop and improve our Services, fulfill your requests, execute Transactions, send materials to you, inform you about our offers and those of others, tailor our Services to meet your interests and needs, and for other purposes permitted by law.
We may use Personal Information or Anonymous Information for any business purpose including, but not limited to, analyzing traffic and usage patterns, diagnosing problems, administering the Service, tracking how users are using the Service, and improving reporting and marketing systems.
Sharing Collected Information
We may share Personal Information and Anonymous Information with our business associates, consultants, service providers, advisors and affiliates in order for them to provide services to us, to you, and to enable us to provide the Services. For example, our host and internet service provider may have access to this information, and our payment processor requires us to pass Personal Information to it in order to verify your identity and allow you to make or receive payments.
We may ask you to share e-mail addresses or other information in your address book in order to invite others users to our Services. In some cases, this will be required for use of the Service, for example, by your former partner, caretaker, or attorney. If you wish to invite your former partner or someone else to use the Services, or you wish to recommend the Services to other friends, we will automatically send an email, text message, or another form of message (as selected by you) to each person that you select to receive your recommendation. We store the contact information you provide so that we can (a) send an initial message to your contact, and (b) monitor the effectiveness of our invitation services. For contacts that do not respond, or that do respond but do not elect to give us their contact information for subsequent information and updates, we will delete that information when we periodically purge our files.
We may share Personal Information and Anonymous Information with other users of the Service that you interact with or that you select or indicate for information sharing, or if required by an applicable legal obligation such as a court order, as further described below.
We do not and will not share Personal Information with any third-parties for their marketing purposes.
We may share Anonymous Information with service providers for the purposes of analytics and for our own marketing of Services, and for other purposes permitted by law. The use of such Anonymous Information by third-parties will be governed by their own policies, and may be broader than the uses outlined in this Policy.
We may disclose collected information, including Personal Information and Anonymous Information, to the extent we believe it necessary to comply with the law, such as in response to a subpoena or court order, to defend a legal claim or establish or protect our legal rights or otherwise as permitted by applicable law (a “Compelled Disclosure”). You agree to such disclosures and will indemnify, defend, and hold X2X harmless for any information related to your account that X2X shares pursuant to a Compelled Disclosure. Please be aware that some court orders or government agencies may require that we not inform you that such Compelled Disclosure has been required or made. We reserve the right to charge our Users for any fees or costs incurred in complying with subpoenas and court orders.
We may also disclose any information in our possession in the event that we believe it necessary or appropriate to prevent criminal activity, personal injury, property damage or bodily harm.
Additionally, we may transfer your information to a successor in interest, which may include but may not be limited to a third-party in the event of an acquisition, sale, asset sale, merger or bankruptcy. The policies applicable to your information thereafter may be determined by the transferee, except that we will require the transferee to prohibit use of Personal Information for marketing purposes.
Retention of Information
All information you generated through use of the Service will be retained while you have an active account, regardless of whether you deleted it from your computer or mobile device. That information includes, but is not limited to, Personal Information such as posted messages, photos, requests, calendar entries, financial entries, all whether received or sent within each six month period (“Account Activity”) and for a period of time after termination of your account, as determined by X2X (“Retention Term”). If there is no Account Activity for six months or longer, you agree that X2X has no obligation to contact you or advise you that your account has terminated or is scheduled to be terminated due to inactivity, and that in such event we have the right to terminate your account without liability to you, and may permanently delete all Personal Information associated with your account. We do not have the ability to delete Anonymous Information. For the Retention Term, you unconditionally and irrevocably grant to X2X the authority to retain any data or records created by you, including but not limited to, text messages, financial transactions, photos, calendar events, and all Personal Information created by you.
During the Retention Term, your Personal Information may be retrieved by you, other persons you have previously authorized us to provide that Personal Information, or your child’s (or children’s) other parent or legal guardian (or in some cases by another court appointed professional, such as a guardian ad litem). A person requesting such information must have an active account at the time of the request.
We employ procedural and technical safeguards to secure your personal information against loss, theft, alteration, and unauthorized access, use and disclosure. We also employ security procedures to protect your information from unauthorized access by users inside and outside the company.
Regardless of the precautions we take, no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect personal information, we cannot ensure or warrant the security of any information you transmit to us.
E-Mail and Electronic Newsletters
We may offer electronic newsletters and e-mails concerning existing and new products and services, or may provide other marketing or informational materials as a service to our users. Users may receive newsletters and e-mails concerning promotions and marketing of ours or of our business partners, after registering with the Services or after engaging with us in person or through our agents.
If you have received a message from us, and you no longer wish to receive such materials, you may opt-out by following the unsubscribe instructions included in each electronic newsletter and e-mail.
Please note that you may be required to separately opt out of any e-mails sent by our business associates.
Children and Privacy
We do not knowingly permit users to use our Services if they are under 13 years old, and therefore do not request personally identifiable information from anyone under the age of 13.
If we become aware that a user or customer is under the age of 13 and has registered without verifiable parental consent, we will remove his or her personally identifiable registration information from our files and will disable the account. If you are the parent or guardian of a person under the age of 13 who has provided personally identifiable information to us without your approval, please inform us by contacting us at the e-mail address below and we will remove such information from our database.
Do Not Track
At present, the Services do not specifically respond to browser do-not-track signals.
California Privacy Rights
California law allows California residents to request information regarding our disclosures in the prior calendar year, if any, of their personally identifiable information to third parties. To make such a request, please contact us at CA privacy@FamilyPlanApp.com with “Request for Privacy Information” in the subject line. Please include enough detail for us to locate your file; at a minimum, your name, email, and username, if any. We will attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted in a form other than as prescribed in this notice. Please note that this law does not cover all information sharing. Our disclosure only includes information covered by the law.