Version Date: May 3, 2018

 

PRIVACY POLICY

GENERAL

Fun and Function LLC  (“Company” or “we” or “us” or “our”) respects the privacy of its users (“user” or “you”) that use our mobile application software, Kyndred ™ (the “Application”), which provides child behavioral management functionality to be used by parents, teachers and others. The following Company privacy policy (“Privacy Policy”) is designed to inform you, as a user of the Application, about the types of information that Company may gather about or collect from you in connection with your use of the Application. It also is intended to explain the conditions under which Company uses and discloses that information, and your rights in relation to that information. Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Application, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the Application you should check the date of this Privacy Policy (which appears at the beginning of this document) and review any changes since the last time you used the Application.  

Our Application is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing our Application from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Application, you consent to that transfer and use of your personal information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Application and your agreements with us. Any persons accessing our Application from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure different from those of the jurisdictions mentioned above may only use the Application in a manner lawful in their jurisdiction. If your use of our Application would be unlawful in your jurisdiction, please do not use the Application.

BY USING OR ACCESSING THE APPLICATION, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.

 

CHILDREN

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to use the Application. Although the Application is designed for child behavioral management, the Application is not intended to be accessed or used by children, and the user is solely responsible for any access or use of the Application by a child that may occur. Company may offer external devices that allow very limited interactivity between a child and the Application.

The Children's Online Privacy Protection Act ("COPPA") protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by law. Any person who provides personal information through the Application represents to us that he or she is 13 years of age or older. If we learn that personal information has been collected from a user under 13 years of age on or through the Application, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a user of the Application or has otherwise transferred personal information to the Application, please contact Company using our contact information below to have that child's account terminated and information deleted.

 

GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION

Users of the Application Generally

“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person. Like most application providers, Company gathers from users of the Application Non-Personally-Identifying Information of the sort that applications, depending on their settings, may make available. That information includes the user’s Internet Protocol (IP) address and operating system. Although such information is not personally identifiable, it may be possible for Company to determine from an IP address a user’s Internet service provider and the geographic location of the visitor’s point of connectivity as well as other statistical usage data. Company analyzes Non-Personally-Identifying Information gathered from users of the Application to help Company better understand how the Application is being used. By identifying patterns and trends in usage, Company is able to better design the Application to improve users’ experiences, both in terms of content and ease of use. From time to time, Company may also release the Non-Personally-Identifying Information gathered from Application users in the aggregate, such as by publishing a report on trends in the usage of the Application.

Aggregated and Non-Personally-Identifying Information

We may share aggregated and Non-Personally Identifying Information we collect. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on our Application. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our Application and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop content and services that we hope you and other users will find of interest and to target content and advertising.

Mobile Device Additional Terms

• Mobile Device. We may collect device information (such as your mobile device ID, model and manufacturer), operating system and version information, and IP address.
• Geo-Location Information. Unless we have received your prior consent, we do not access or track any location-based information from your mobile device at any time while downloading or using our mobile applications or our services except that it may be possible for Company to determine from an IP address the geographic location of the user’s point of connectivity, in which case we may gather and use such general location data.
• Push Notifications. We send you push notifications if you choose to receive them letting you know when someone has sent you a message, or for other service-related matters. If you wish to opt-out from receiving these types of communications you may turn them off at the device level.
• Mobile Analytics. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any Personally-Identifying Information you submit within the mobile application.

SOCIAL MEDIA 

We may provide you the option to connect your account on our Application to your account on some social networking sites for the purpose of logging in, uploading information or enabling certain features on the Application. When logging in using your social network credentials, we may collect the Personally-Identifying Information you have made publicly available on the social networking site, such as your name, profile picture, cover photo, username, gender, friends network, age range, locale, friend list, and any other information you have made public. Once connected, other users may also be able to see information about your social network, such as the size of your network and your friends, including common friends. By connecting your account on our Application to your account on any social networking site, you hereby consent to the continuous release of information about you to us. We will not send any of your account information to the connected social networking site without first disclosing that to you. Each social network may further allow you to set privacy controls around your information on their system, and our collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.

 

EDUCATIONAL INSTITUTIONS

If you are a teacher, school leader, aide, or other similar school-affiliated employee (“School Personnel”) accessing the Application on behalf of a school, school district, or other similar educational institution (the "Institution"), then you agree that you are acting on behalf of (or have permission from) your Institution when using the Application as part of your work with the Institution.

You and your Institution are required to comply with the Family Education Rights and Privacy Act ("FERPA") and related regulations. Certain information that may be provided to Company by School Personnel that is directly related to a student and maintained by an Institution, may be considered an education record (“Education Record”) under FERPA. Additionally, certain information, provided to Company by School Personnel about a student, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. A school may not generally disclose personally identifiable information ("PII") from an eligible student’s education records to a third-party without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA (“FERPA Exemption(s)”), including the exemption for Directory Information (“Directory Information Exemption”) or disclosure to school officials with a legitimate educational interest (“School Official Exemption”).

As School Personnel or an Institution providing Directory Information or any Education Record to Company, you represent, warrant and covenant to Company, as applicable, that your Institution has: (i) complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be directory information and may be disclosed and allowing parents and eligible students a reasonable amount of time to request that schools not disclose directory information about them; and/or (ii) complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “school official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by Company; or (iii) obtained all necessary parental or eligible student written consent to share the Directory Information and Educational Records with Company, in each case, solely to enable Company’s operation of the Application.

It is important that School Personnel not provide information to Company from any student or parent that has opted out of the disclosure of Directory Information. Company depends on our school partners to ensure that the school is complying with the FERPA provisions regarding the disclosure of Directory Information or the School Official Exemption for any student information that will be shared with Company. Company is not in a position to provide legal advice regarding whether the school's existing FERPA disclosures are sufficient. To the extent that School Personnel have questions regarding these issues, they should consult the school's own legal counsel for more information.

Company will never share PII contained in Education Records with third parties except (i) as directed by a user (i.e., teacher sharing with another teacher or parent); or (ii) to our service providers that are necessary for us to provide the Application, as stated in our Privacy Policy. PII contained in Education Records is never used or disclosed for third-party advertising or any kind of first- or third-party behaviorally-targeted advertising to students or parents.

Company may use Directory Information and Education Records that have been de-identified for product development, research or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed, this includes, but is not limited to, name, date of birth, demographic information, location information and school identity. Company agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third-party unless that party agrees not to attempt re-identification.

COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION

Application Registration

As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Company may collect a range of Personally-Identifying Information from and about Application users. Much of the Personally-Identifying Information collected by Company about users is information provided by users themselves when (1) registering for our service, (2) logging in with social network credentials, (3) participating in polls, contests, surveys or other features of our service, or responding to offers or advertisements, (4) communicating with us, (5) creating a public profile, or (6) signing up to receive newsletters. That information may include each user’s name, address, email address, and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender, age, date of birth, username, hometown and other demographic information, and other relevant information as determined by Company from time to time. Users of the Application are under no obligation to provide Company with Personally-Identifying Information of any kind, with the caveat that a user’s refusal to do so may prevent the user from using certain Application features.

BY REGISTERING WITH OR USING THE APPLICATION, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.                              

Company Communications

We may occasionally use your name and email address to send you notifications regarding new services offered by the Application that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the Application. Generally, you may opt out of such emails at the time of registration or through your account settings, though we reserve the right to send you notices about your account, such as service announcements, and administrative messages, even if you opt out of all voluntary email notifications.

Company Disclosures 

Company will disclose Personally-Identifying Information under the following circumstances:

• By Law or to Protect Rights. When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our Company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our license agreement or other agreements or policies, in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
• Marketing Communications. Unless users opt-out from receiving Company marketing materials upon registration, Company may email users about products and services that Company believes may be of interest to them. If a user wishes to opt-out of receiving marketing materials from Company, user may do so by following the unsubscribe link in email communications,  by going to your account settings (if applicable) or contacting us using the contact information below.

• Third Party Service Providers. We may share your Personally-Identifying Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our Application. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.

• Business Transfers; Bankruptcy. Company reserves the right to transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Company’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.

Changing Personally-Identifying Information; Account Termination

You may at any time review or change your Personally-Identifying Information by going to your account settings or contacting us using the contact information below.  Upon your request, we will deactivate or delete your account and contact information from our active databases. Such information will be deactivated or deleted as soon as practicable based on your account activity and accordance with our deactivation policy and applicable law. To make this request, either go to your account settings  or contact us as provided below. We will retain in our files some personal information to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce our Application license agreement and to comply with legal requirements as is permitted by law. Therefore, you should not expect that all your personal information will be completely removed from our databases in response to your requests. Additionally, we keep a history of changed information to investigate suspected fraud with your account.

General Use

We use the Personally-Identifying Information in the file we maintain about you, and other information we obtain from your current and past activities on the Application to: deliver the products and services that you have requested, manage your account and provide you with customer support, communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties, develop and display content and advertising tailored to your interests on our Application and other sites, resolve disputes, troubleshoot problems, measure consumer interest in our services, inform you of updates, customize your experience, detect and protect us against error, fraud and other criminal activity, enforce our Application license agreement, and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems. In particular, we may examine your Personally-Identifying Information to identify users using multiple user IDs or aliases. We may compare and review your Personally-Identifying Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on our Application, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

 

COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY

 Company contractually prohibits its contractors, affiliates, vendors and suppliers from disclosing Personally-Identifying Information received from Company, other than in accordance with this Privacy Policy. Third parties are under no obligation to comply with this Privacy Policy, however, with respect to Personally-Identifying Information that users provide directly to those third parties or that those third parties collect for themselves. These third parties include advertisers, providers of games, utilities, widgets and a variety of other third party applications accessible through the Application. Company neither owns nor controls the third-parties and applications accessible through the Application. Thus, this Privacy Policy does not apply to information provided to or gathered by the third parties that operate them. Before visiting a third-party, or using a third party application, whether by means of a link on the Application, directly through the Application, or otherwise, and before providing any Personally-Identifying Information to any such third party, users should inform themselves of the privacy policies and practices (if any) of the third party responsible for that website or application, and should take those steps necessary to, in those users’ discretion, protect their privacy.

 

SECURITY

We take security of your Personally-Identifying Information seriously and use reasonable electronic, personnel, and physical measures to protect it from loss, theft, alteration, or misuse.  However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third party circumvention of any privacy settings or security measures.

We are dedicated to protect all information on our Application as is necessary. However, you are responsible for maintaining the confidentiality of your Personally-Identifying Information by keeping your password confidential. You should change your password immediately if you believe someone has gained unauthorized access to it or your account. If you lose control of your account, you should notify us immediately.

 

PRIVACY POLICY CHANGES

Company may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to Company’s Privacy Policy will be reflected in our Privacy Policy and the date new versions are posted will be stated at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Users should regularly check this page for any changes to its Privacy Policy. Company will always post new versions of the Privacy Policy on the Application. However, Company may, as determined in its discretion, decide to notify users of changes made to this Privacy Policy via email or in app communication.

 

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer as listed below.

DO NOT TRACK POLICY

Our Application does not respond to “Do Not Track” signals or mechanisms.

 

CONTACT

 If you have any questions regarding our Privacy Policy, please contact our privacy officer at:

Privacy Officer

Fun and Function LLC

POB 11, Merion Station, PA 19066

1.800.231.6329 or 1.215.876.8500

CustomerCare@FunandFunction.com 

fax: 1.866.343.6863