User Privacy Statement
We are Ablescent LLC and Ablescent Limited (collectively, “Ablescent”, “MyFampal”, “we”, “us” and “our”). We are the premier provider of family dynamics monitoring and comparison services (the “Services”), including:
- Our parent site at MyFampal.com (“MyFampal Site”).
- Mobile applications and software on user devices (“MyFampal Apps”).
Each person or entity who uses our Services is referred to as a “user” or “you” or “your”. If you subscribe to any of our Services, we will refer to you as a “registered user”. If you don’t register with us, we will refer to you as an “unregistered user”. If you use the Services to store or process information for a family member or another person who is not registered with us, then we will refer to that person as a “family member”. This Privacy Statement and the Terms of Service (“Terms”) apply to each user and family member.
This document is our statement of our privacy practices (“Privacy Statement”). Among other things, it explains how we and some of the companies we work with collect, use, share and protect personally-identifiable information, including without limitation personal health information, personal financial information, and other sensitive information (collectively, “Personal Information”) while using our Services, and your choices about the collection, storage and use of your Personal Information.
By using our Services you understand and agree that we are providing a platform for you to receive and post information and Content, including comments and other materials (collectively, “Content”) to the Services and to share Content through the Services and through other means. This means that other users may see, use, or share any of your Content that you make publicly available through our Services.
When using our Services you consent to the collection, transfer, analysis, transformation, storage, disclosure and other uses of your information, including your Personal Information, as described in this Privacy Statement.
- Information We Collect
Information you provide us directly
- Registration information. When you create or modify an account or subscribe to any of our Services, you provide Personal Information to us, such as your user name, password, postal address and email address.
- Profile information. You may provide us with additional profile information to make public, such as your birthday, a short description of yourself, your website or a picture. You may also provide information to customize your account, such as a cell/mobile phone number for the delivery of short message system (“SMS”) or text messages. We may use your contact information to send you information about our Services or to market to you. You may use your account settings to customize notifications from us. If you email us, we may keep your message, email address and contact information to respond to your request.
- Location Information. We may ask for your geographic location information. When you post Content to our website or to social media, you may provide your location information, including global positioning system (“GPS”) data or other location information embedded in or accompanying the Content (e.g., in tags or captions).
- Communications between you and MyFampal: We may send you emails, SMS or text messages, and other electronic communications for account verification, notices of changes/updates to features of the Services, technical and security notices, and for other purposes. We may collect and store these communications.
Information we gather from your use of our Services
- We collect and may save private emails sent to us by users, and we may share your emails with any third parties or other users. Any public posts on MyFampal Services may be viewed by any user and is public to anyone who visits the Services. You may elect to disclose certain Personal Information and information that is not Personal Information (“Non-Personal Information”). The information you submit in any public forums is not confidential or private, and MyFampal does not protect it. All information you choose to provide publicly, including information that identifies you or others, can be read, collected, or used by other users and by other third parties, and could be used to send you unsolicited messages and for other purposes.
- We use third-party analytics tools to help us measure traffic and usage trends and other Non-Personal Information for the Services. These tools collect information sent by your device or our Services, including the web pages you visit, add-ons, and other information that assists us in improving our Services. We collect and combine this analytics information with analytics information from other users so that it cannot be used to identify any particular individual user.
- Metadata is usually technical data that is associated with other data, including Content. For example, metadata can describe how, when and by whom an item of Content was collected and how that Content is formatted. MyFampal may collect and store metadata, including about each user’s public posts on the Services.
- MyFampal may keep track of how you interact with links across our Services, including our email notifications and third-party Services by redirecting clicks or through other means. We do this to help improve our Services, to provide more relevant local data, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
- Device Identifiers. We may access, collect, monitor, store on your device, or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your computer, phone or other device, which uniquely identifies your device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by MyFampal. A device identifier may deliver information to us or to a third-party partner about how you browse and use the Services and may help us or others provide reports or personalized Content and ads. Some features of the Services may not function properly if use or availability of device identifiers is impaired or disabled.
- Log Data. Our servers automatically record information (“log data”) created by your use of the Services. Log Data may include information such as your Internet Protocol (“IP”) address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive log data when you interact with our Services, for example, when you visit our website, sign into our Services or interact with our email notifications. MyFampal uses log data to review how we provide our Services and to measure, customize, and improve the Services.
- How We Store Your Information
- For all US registered users, we provide the Services from within the United States, and we store all Personal Information that we currently collect and retain on servers inside the United States.
- For all UK registered users, we provide the Services from within the United Kingdom, and we store all Personal Information that we currently collect and retain on servers inside the United Kingdom.
- In the future, we may store Personal Information on servers located outside the United States and the United Kingdom.
- Certain types of Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, or other Personal Information about you or others.
- By using our Services, or by submitting your personal Information to us, you consent to the collection, storage, processing and onward transfer of your personal Information as stated in the current version of this Privacy Statement and the current version of the Terms of Service.
- How We Use Your Information
We share and use your Personal Information in the following circumstances:
- Opt-in with Your Consent. We may ask for your permission to share your Personal Information with other people and organizations outside of Ablescent, including to help conduct studies or provide you with other services. As with any opt-in procedure, you are under no duty to agree to a request that you opt-in. For example, we will ask for your permission if you wish MyFampal to share recent results collected by your family with a pediatrician or family counsellor.
- Affiliates of Ablescent. We may share your Personal Information with our Ablescent affiliates (meaning entities controlled by, controlling or under common control with Ablescent) as necessary to provide the Services. However, any Personal Information stored in one country or jurisdiction would not be forwarded to another country or jurisdiction, except in compliance with applicable laws and regulations.
- Public Health Purposes. We may disclose your health information for public health activities. Public health activities are things such as:
- Preventing or controlling disease, injury or disability.
- Reporting reactions to medications or problems with products.
- Notification of recalls of products a person may be using.
- Notifying a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition.
- Please note, however, that Ablescent does not provide public health or medical surveillance and should not be seen as an alternative to standard regulatory reporting channels.
- Abuse or Neglect. We may disclose protected health information to a public health authority or other government authority that is authorized by law to receive reports of abuse, domestic violence or neglect.
- Health Oversight Activities. We may disclose your health information to an oversight agency for activities authorized by law. Examples are audits, investigations, inspections and licensure. These activities are necessary for the government to monitor the health care system, government programs and compliance with civil rights laws.
- To Avert a Serious Threat to Health or Safety. We may use or disclose your health information when necessary to prevent a serious threat to your or your family members’ health and safety or the health and safety of the public or another person.
- Third Party Advertisers. We do not work with any third party advertisers or advertising networks and will not provide your address, email address or mobile phone number to third parties.
- Opt-out Email or Postal Address. If you supply us with your postal or email address you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not want to receive such mailings, please let us know by sending an email to us at the “opt-out” address in the email footer. We will be sure your name is removed from the list we use internally. Opting-out of these emails does not mean we remove your email from our system entirely, because we still retain it for login and password reset purposes.
- Opt-out Telephone Numbers. Users and registered users who supply us with their mobile telephone numbers do so predominantly as a mechanism to reset forgotten passwords, however they may receive telephone calls, texts and other communications from us with information regarding new products and services or upcoming events. If you do not want to receive such telephone communication, please let us know by sending email to us at the “Contact Us” email address or writing to us at the “Contact Us” postal address. Please provide us with your exact name, company name, address and phone number. We collect the mobile phone numbers of those who voluntarily provide them to us. Although any mobile communication from us incurs no mobile data fee levied by Ablescent, standard messaging and data fees may apply. Check your mobile plan for more details.
- Service Providers. We employ third party companies and individuals to facilitate our Services (e.g., payment processing, maintenance, analysis, audit, marketing and development). These third parties may have limited access to your Personal Information only to perform these tasks on our behalf and are obligated to Ablescent not to disclose or use your Personal Information for other purposes.
- Required by Law. We may access, preserve and share your Personal Information in response to a legal request (like a search warrant, court order or subpoena). We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
- National Security and Intelligence Activities. We may release your Personal Information to authorized federal officials for intelligence, counterintelligence and other national security activities when authorized by law. For example, under current law in the United States, certain federal officials may require that we provide particular information in response to a national security or related request, demand or order, and we would be required not to tell you that we complied with that request, demand or order.
- Change of Control. If we sell or otherwise transfer part or the whole of Ablescent or our assets to another organization (e.g., a merger, acquisition, or reorganization), your Personal Information such as user name and email address, Content and any other information collected through the Services may be among the items sold or transferred. You will continue to own your Content, but the license you granted in the Terms may be transferred to others.
- Non-Personal Information. We may share aggregated information that is not personally-identifiable information (“Non-Personal Information”) publicly and with publishers, researchers or connected sites. For example, we may share Non-Personal Information publicly to show trends about the general use of our Services. Non-Personal Information includes collective information about multiple users that does not reflect or reference an individually-identifiable user.
- In addition to some of the specific uses of information we describe in this Privacy Statement above, we may use Personal Information that we receive to:
- help you efficiently access your information after you sign in.
- remember information so you will not have to re-enter it during your visit or the next time you visit the Services.
- provide personalized Content and information to you and others, which, in the future, could include online ads or other forms of marketing.
- provide, improve, test, and monitor the effectiveness of our Services.
- develop and test new products and features.
- monitor metrics such as total number of visitors, traffic, and demographic patterns.
- diagnose or fix technology problems.
- Your Right to Review, Request Changes, and Disclose Personal Information
Subject to applicable laws and regulations, each user and family member may inspect and receive a copy of his or her Personal Information as stored in the Services. In rare circumstances, we may deny a request along with an explanation. If we deny your request, you may request a review by another health care professional, who will be chosen by MyFampal, and we will comply with the outcome of the review.
Subject to applicable laws and regulations, the Personal Information you provide to us remains completely under your control, although each family member has his or her own rights. If you believe or a family member believes the Personal Information we have is incorrect or incomplete, you or the family member may in writing request an amendment to that person’s Personal Information. MyFampal will approve or deny each request, and notify the maker of the request of our decision. If approved, MyFampal will amend the Personal Information. We will also make a reasonable effort to notify people to whom the Personal Information was released. In the case of a denial, MyFampal will provide the reason for the denial and instructions on how to appeal.
Any information or Content that you voluntarily disclose for use of the Services, such as your user name, your Personal Information or your Content, may become available to the public if you release it to other users or to the general public. Once you have shared your Personal Information or your Content with other people, or otherwise made it public, that Personal Information and your Content may be re-shared by others.
Our Services are not yet directed to persons under age 18. If you are the parent or guardian of a person under 18, and you become aware that your young person has provided us with Personal Information or Content without your express consent, please contact us at customer.services@MyFampal.com and we will remove such information or Content, and we will terminate the young person’s account and any subscriptions.
- Changes to this Privacy Statement
We may modify our Privacy Statement from time to time on prior written notice sent to the email address we have for you. For any user who has not provided us with an email address, the revised Privacy Statement will become effective no less than thirty (30) days after posting on the MyFampal website at www.MyFampal.com. We will also keep prior versions of this Privacy Statement in an archive for your review.
- Different Locations, Different Laws
The laws and regulations that address privacy rights and responsibilities (collectively, “Laws”) are different from one to another. Indeed, some of the Laws do or do not apply depending on different factors, including:
- Location or residence of the user.
- Location or residence of the individual (e.g., a family member) that is the subject of the Personal Information (“Data Subject”).
- Location or residence of the person or organization that employs or contracts with the Data Subject.
- Location of each server or other machine where the Personal Information is received, stored, processed or forwarded to.
- Location of the relevant office of Ablescent.
Several of the Laws that concern unregistered users, registered users, family members and Ablescent are discussed in this Section, but these are not all of the Laws that may apply.
7.1 United States Federal Laws
Several of the federal Laws in the United States may apply to the Personal Information collected by MyFampal.
Currently, all Personal Information of users and registered users resident in the United States is stored on servers and other machines physically located within the United States.
7.1.1 Health Insurance Portability and Accountability Act (“HIPAA”)
Currently, HIPAA does not apply to the Services as MyFampal is neither a covered entity nor a business associate (as those terms are used in HIPAA).
7.1.2 Children’s Online Privacy Protection Act (“COPPA”)
Currently, COPPA does not apply to the Services provided by MyFampal. Each registered user and other user must be 18 years of age or older. As noted in this Privacy Statement, if we learn of any registered user or user is under the age of 18, or if any parent or guardian contacts us, we will close that person’s account and remove all information provided by the individual from our Services.
7.2 State Laws in the United States
Individual states in the United States have passed and enforce information privacy and security laws.
– 7.2.1 Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information by MyFampal to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to customer.services@MyFampal.com, or send us postal mail at:
Attn: Privacy, Ablescent LLC, P.O. Box 347 Stockton, NJ 08559-0347, United States of America
Attn: Privacy, Ablescent Limited, Future Business Centre, Cambridge, CB4 2HY, United Kingdom
Pursuant to California Civil Code Section 1798.83(c)(2), MyFampal does not share users’ Personal Information with affiliate companies or others outside MyFampal for those parties’ direct marketing use unless a user elects that we do so.
If you are a California resident under the age of 18, and a subscriber of any site where this Privacy Statement is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to customer.services@MyFampal.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal, even if requested.
7.3 European Union
Several of the Laws in the European Union (“EU”) may apply to the Personal Information collected by MyFampal in the EU, including the EU Data Protection Directive (Directive 95/46/EC), as implemented by each of the EU Member States.
Currently, all Personal Information of users and registered users resident in the European Union is stored on servers and other machines physically located within the European Union.
7.4 Countries and Regions Other than the United States and the European Union
Currently, MyFampal does not accept users or registered users from any country, region or jurisdiction other than the United States of America and the European Union.
- Use of Email Addresses and Other Contact Information
We collect the email addresses of those who voluntarily provide them to us, including users and registered users. You may receive subscription, editorial and other messages from any MyFampal Services. If you do not want to receive email from us in the future, please let us know at customer.services@MyFampal.com.
Please note that we do not provide your email addresses to others for unrelated third party email offers.MyFampal
- Contact Us
If you have questions or concerns about this Privacy Statement, please contact us online at customer.services@MyFampal.com, or by postal mail addressed to:
Attn: Privacy, Ablescent LLC, P.O. Box 347 Stockton, NJ 08559-0347, United States of America
Attn: Privacy, Ablescent Limited, Future Business Centre, Cambridge, CB4 2HY, United Kingdom
You can also reach us by telephone in the UK at +44 1223 781580.
- Revision Date and History
These Terms were last revised: May 19th 2016.
Prior versions of this Privacy Statement are listed below: