TimeOutIQ Technologies Inc. (the “Company” or “We/us”, with domicile at 86 Warnford Circle, Ajax Ontario Canada) provides its services to you so you can manage the screen time of your children’s mobile devices and set an educational level for appropriate questions using a parental control panel which allows you to set the amount of screen time and grade level for the devices associated with your User Account (as defined in our Terms of Service). The purpose is to enable you to control the use of these devices by their Users (as defined below), when and to the extent that such activity is permitted by applicable law and without infringing the rights of others (including the fundamental rights of Users) or other applicable regulations.
We are committed to respecting and protecting your privacy and that of your Users (as defined in the TimeOutIQ Terms of Service). This Privacy Policy explains our practices regarding the use of personal data collected and processed through our Services (as defined in the TimeOutIQ Terms of Service, of which this Privacy Policy is a part).
TimeOutIQ processes two types of personal data in relation to the Service: your account and contact data, for which it is responsible (as Data Controller), and your user data, collected from your devices, for which you are responsible.
– Your account and contact data are used for managing our relationship with you, including activation, support, invoicing, and upselling.
– Your user and device information is processed on your behalf, for providing the screen time management and educational services through the parental control panel.
You are solely responsible for the configuration and use of the parental control panel and the processing of personal data associated with your account which includes, among others, collecting, storing and analysing personal activity data from device Users. The TimeOutIQ platform automatically deploys the configuration and the instructions given by you and you are solely responsible for the configuration of this control panel. You can change those configurations at your option and remove User devices at any time to limit and/or erase any data collected.
You warrant that (a) you have informed any Users that are 14 years old or more that the Devices used by them include a control and monitoring software and have obtained authorisation from such Users for this kind of activity, as provided in this Privacy Policy or (b) there are rules in your country that exempt you from the aforementioned obligation of information and consent, or provides for a different age limit, in which case that age limit will apply. Both TimeOutIQ and you agree to fully comply with this Privacy Policy.
By using our Platform and Services, and in particular by providing your personal information on registration or contacting us for any reason, you explicitly accept this Privacy Policy and you provide us with full consent to the collection, storage and processing of personal data for which you are responsible in accordance with the terms set out in this policy, including the sending of our own electronic communications relating to our products and services.
We may amend this Privacy Policy as required to adapt it to future legislative or case law developments. We will notify you by posting a clear notice of these changes on our Platform and in this Privacy Policy.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Unless a specific local regulation of mandatory application provides otherwise, the Privacy Policy is governed by the laws of Canada.
Data Controller: TimeOutIQ Technologies Inc.
Address: Ajax, Ontario, Canada
Privacy Manager: [email protected]
The personal data about you or the Users (hereinafter the “Data”) that can be collected by us through the use of the Services are as follows:
Browsing.
We do not collect any personal data if you are merely browsing the Platform, except as indicated in our Cookie Policy.
Account Data
Your User Data.
On your behalf, as a principal function of the service, we collect and process some basic personal data relating to your children/Users (as defined in the Terms) in accordance with the provisions set out in section 3 below.
We use different methods to collect Account Data from and about you including through:
Direct interactions.
You may give us your personal data by registering or contacting us. This includes personal data you provide when you create an account on our website, subscribe to our service or publications, request marketing to be sent to you, or give us feedback.
Automated technologies or interactions.
As you interact with our app, we may automatically collect Technical Data about your devices.
Minors. We do not let minors subscribe to the TimeOutIQ Service.
Please note that this Section does NOT relate to the processing of User Data, which is regulated by Section 3 below and Appendix 1 hereto.
General.
We are responsible for processing your Account Data, which is solely used for the development of our contract and communications with you and for the provision and management of your TimeOutIQ Account and our Services provided to you (as described in the Terms). It is also used to measure and improve the services and functionality and to provide customer service, send email notifications and (unless no longer in the distribution list) newsletters, or communications, in general, about the Services, products and novelties, and product offers or promotions offered by Us. We will use the Account Data in order for these purposes and to comply with the Terms, applicable law, and other legal notices. Registered users are also sent notification emails about activities of the Service.
Service optimization.
We may process such information on an aggregated non-identifiable basis for establishing user general attributes and profiles and share such anonymous information with third party service providers to help improve or promote our service. We also use your data in a non-identifying and aggregated manner (i.e. dissociated data) to better design our web site, software and services.
Disclosure.
We treat your Account Data with strict confidentiality in accordance with applicable law. However, we shall disclose any information about you or your use of our Services (i) in compliance with a legal obligation, (ii) in order to correctly deliver our Services or perform other obligations in accordance to the applicable regulations and rules set forth in the Terms, (iii) in the event of a sale of change of control of the Company for the purpose of appropriate due diligence; or (iv) to service providers providing us a service in relation to the data. We require all third parties to respect the security of your Account Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Account Data data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Lawful Bases.
Below are the lawful bases that we rely on to process your Account Data:
Generally we do not rely on consent as a legal basis for processing your Account Data other than in relation to sending own marketing communications to you via email or text message. However, for transparency and clarity, we ask you to provide this consent, which is given by you on registering your account. You have the right to withdraw consent at any time by contacting us at [email protected]. This will not affect the processing of your Account Data for service provision until you cancel your account.
Data retention.We will only retain your Account Data for as long as necessary to fulfil the purposes 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. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Generally speaking, we will retain your Account Data for the period of your subscription (active) and up to 5 years thereafter (blocked), for legal and administrative purposes.
Statistical use.We may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use and retain this information indefinitely without further notice to you.
User Data.
In registering for a TimeOutIQ Account, the Services start collecting data from the Devices associated to the Account, which may include personal data relating to you, to the Users of the Devices or to third parties (“User Data”, including information about your Devices, websites and apps that your Users use, contacts, connections, payments, messages and other communications, posted and received content, etc.). In accordance with applicable privacy law, to the extent that it applies to the Services, you are the Data Controller of this User Data and you appoint us as a Data Processor of such data for the purpose of providing the TimeOutIQ Services.
Service optimization.
We may process such information on an aggregated non-identifiable basis for establishing user general attributes and profiles and share such anonymous information with third party service providers to help improve or promote our service. We also use your data in a non-identifying and aggregated manner (i.e. dissociated data) to better design our web site, software and services.
The provisions of Appendix 1 of this Policy apply to the processing of User Data.
Warranties. You, as the person responsible for User Data that we process on your behalf as Data Processor for the provision of the Services, represent and warrant to us that:
a) You comply with all applicable legislation with respect to the monitoring and control of equipment and devices used by Users within your organisation.
b) You are not in any situation described in the section on “Prohibitions” in the Terms (see clause 1.3 of the Terms)
c) You have all the appropriate informed consents from each and every data subjects whose personal data are submitted to us in the course of the provision of the Services or collected and transmitted to us by the TimeOutIQ Software.
Indemnity.
You agree to indemnify and keep us harmless from all claims, damages and losses we may suffer relating to or arising out of the processing of User Data and other third party personal data submitted to our systems during the course of use and provision of the Services.
We use third party technological services for the provision of Services, whose providers may process Account Data and User Data collected in the course of providing us their services indicated below, as sub-processors. These entities may be in jurisdictions that generally don’t provide adequate safeguards in relation to the processing of personal data. However, we have entered into contracts with such entities that do include such safeguards, including the EC model clauses. For more information, please contact [email protected]. In addition, our providers which are in the USA are companies within the EU-US Privacy Shield.
We have adopted technical and organizational measures to preserve and protect your personal information from unauthorized use or access and from being altered, lost or misused, taking into account the technological state of art, the features of the information stored and the risks to which information is exposed. However, due to the nature of the information and related technology, we cannot ensure or guarantee the security of your personal information and expressly disclaims any such obligation. If we learn of a security breach, then we will attempt to notify you electronically so that you can take appropriate steps.
For the purpose of improving our services and providing sector/segment reports, we anonymise your Account Data and certain generic User Data and store and process this data on an anonymous basis, even after your Account has been closed. The principal purpose is to analyze on an aggregated non-identifiable basis how our Services are used, measuring their effectiveness, and providing general customer service. We may also provide this data (or parts of it) on a fully anonymous aggregate basis to third party business partners, including for conducting academic research and surveys or commercial analytics, and to publish periodic sector or segmented information and reports about behaviour patterns and tendencies.
Account Data:
You have rights under data protection laws in relation to your personal Account Data. You have the right to:
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
To exercise your rights, please contact us at [email protected].
User Data:
You are Data Controller of your User Data, and you can access, delete, restrict, correct and request a copy of your data at any time. We will assist you in accordance with the functionalities of the Platform and the term of this agreement to attend any end-user request with regard to the processing of their personal data, as provided in Appendix 1 hereto.
An integral part of our service involves informing you of new options, configurations and service offerings. On registration or contacting us, you expressly consent to receive electronic commercial communications regarding the subject matter of the Services in accordance with applicable law, including alerts, notices, newsletters, offers and promotions. Once opted in, if afterwards you do not wish to receive information from this Platform you can expressly opt out by sending a notification to [email protected].
Although we have a legal basis other than consent for the processing of the data set out in this form (other than marketing communications), we also would like to ensure that we additionally have your express consent.
By registering for a TimeOutIQ Account, you declare to have read and accepted the terms of this Policy. Without prejudice to the generality of the foregoing, you expressly and unequivocally consent to:
Your consent to personal data collection and processing may be revoked, without retroactive effects, in accordance with the General Data Protection Regulation. This will not prevent processing of your Account Data for providing you the service, unless you also cancel your account with us.
| Categories of Data Subjects | Users of the Devices which are monitored by TimeOutIQ. Third parties who interact with the users of such devices |
|---|---|
| Type of personal data | All data collected by such devices, including device identification, Internet browsing, content viewing data, behavioural data, and third-party application usage |
| Purpose | To provide the parental screen time management, monitoring and educational services of TimeOutIQ |
| Duration | The term of the client contract + 12 months (see below) |
For the purpose of this Addendum, the following terms shall take the meaning set out herein:
The purpose of this addendum is to regulate the processing of the User Data indicated above. The term of validity of this Addendum is established by virtue of the client subscription with TimeOutIQ.
Each Party shall comply with all applicable laws relating to privacy and data protection, including (without limitation) the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA) and the EU General Data Protection Regulation (GDPR) (2016/679) on and from 25 May 2018, and any amending or replacement legislation from time to time (collectively and individually, “Data Protection Laws”).
As established in the applicable law, Client shall:
a) Inform and obtain all such necessary consent from the Device users for the processing of their personal data.
b) Implement appropriate technical and organizational measures to ensure and be able to demonstrate that the processing is carried out in accordance with applicable legislation.
c) Respond to the legal rights of Device Users established by applicable law on the protection of personal data and comply with the stipulations indicated in clause 6 even if these were originally addressed to the TimeOutIQ.
As established in the applicable laws and regulations, the TimeOutIQ shall:
a) Process User Data only on the basis of documented instructions from the Client, including transfers of User Data to a third country or international organization, unless otherwise required to do so under Union law or applicable Member State law; In such case, TimeOutIQ will inform the Client of that legal requirement prior to the processing, unless otherwise prohibited by such law or in the public interest.
b) Ensure that the persons authorised to process User Data have undertaken to respect confidentiality or are subject to an obligation of confidentiality of a statutory nature.
c) Take all appropriate technical and organisational measures to ensure a level of safety appropriate to the risk of processing.
d) Respect the conditions for having recourse to another Data Processor, as established in the current legislation on protection of personal data.
e) Assist the Client, taking into account the nature of the processing, through appropriate technical and organisational measures, whenever possible, so that it can comply with its obligation to respond to requests for the exercise of the rights of the data subjects, here the Device users.
f) Assist the Client in ensuring that Client complies with its obligations, taking into account the nature of the processing and the information that is available to TimeOutIQ.
g) At the choice of the Client, either destroy or return all personal data once the processing services have been completed, and destroy any existing copies unless the retention of personal data is required under Union or applicable Member State law.
h) Make available to the Client all information necessary to demonstrate compliance with the obligations established in herein, as well as to allow and contribute to the performance of audits, including inspections, by the controller or other authorised auditors for the Client.
i) Process the User Data placed at the disposal of TimeOutIQ in a way that ensures that the personnel in charge follow the instructions of the Client.
j) Ensure that the appointed Data Protection Officer (if applicable) or, in his / her absence, the Privacy Officer is involved in an adequate and timely manner in all matters relating to the protection of User Data.
k) Adhere to a Code of Conduct that is approved by the Office of the Privacy Commissioner of Canada or other competent authority.
l) Keep a record of processing activities in the case of processing personal data that may pose a risk to the rights and freedoms of the data subject and / or in a non-occasional manner, or which involves the processing of special categories of data and / or data relating to convictions and infractions.
m) Respond to the legal rights established by applicable law and comply with the stipulations indicated in clause 6 even if these were originally addressed to the Client.
If the Data Subjects (Device users) address a request or exercises any of the rights established in the General Data Protection Regulation, the Client and / or TimeOutIQ must provide the information requested and perform any required actions, without delay and, at the latest, within one month from receiving the request, which may be extended for a further two months if necessary, taking into account the complexity of the application and the number of applications.
Similarly, in the event that the Client and / or TimeOutIQ do/es not proceed with the request of the Device user, he/she shall inform the latter without delay, and no later than one month after receipt of the request, shall provide the Device user with the reasons why he/she/they has/ve not acted and inform the Device user of his/her right to file a complaint before a competent authority and to file a judicial appeal. The response to the Device user’s request shall be made in the same format as that used by the person concerned, unless he/she requests that it be done otherwise.
TimeOutIQ may subcontract its obligations and/or reveal User Data to third party service providers without further authorization of the Client. For this purpose, the Client hereby expressly agrees to TimeOutIQ subcontracting the entities indicated in the Privacy Policy. TimeOutIQ will establish a list of subcontractors, and further or substitute sub-processors will be informed to Clients, who may request a list at any time to [email protected].
International transfers of User Data may only be performed if the requirements of national or Community laws and regulations that regulate them, are met. If TimeOutIQ carries out an international transfer of data without the other party’s consent, the latter shall be exempted from any liability that may arise as a result of or in connection with such transfer. TimeOutIQ uses third party technological services for the provision of Services, whose providers may process User Data collected in the course of providing us their, as sub-processors. These entities may be in jurisdictions that generally don’t provide adequate safeguards in relation to the processing of personal data. However, we have entered into contracts with such entities that do include such safeguards. For more information, please contact [email protected].
Insofar as there exists an instruction from a competent supervisory authority, a development of a national legislation or a delegated act, in the event of a security breach of the personal data, the Client and/or TimeOutIQ shall notify the competent supervisory authority of such breach without undue delay, and if possible, no later than seventy-two (72) hours after it happened.
In the event of termination, resolution or expiration of the contractual relationship for the provision of services hereunder between the Client and TimeOutIQ, the latter shall not keep the User data unless otherwise legally required or advisable to do so. Otherwise, upon termination, resolution or expiration, or when no longer legally required to keep the data, TimeOutIQ shall destroy or return to the Client all personal data and any copies of it, as well as any support or other document containing any personal data. This is without prejudice to the right of TimeOutIQ to continue process User Data where such data is being processed by TimeOutIQ or for the defense of its legal interests.
This Appendix shall be governed by and construed in accordance with the laws of Canada and shall be subject to the exclusive jurisdiction of the Courts of Ontario, Canada.
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