Privacy Policy and Service Agreement

In plain English our privacy policy states:

When you sign up, we only collect:

  • The name and email you provide

The security profile we install lets us access information about the device and its configuration, including what apps are installed. It does not let us access private information such as text messages, emails, browsing history, etc.

You can see exactly what the profile allows us to access by going to the Settings App, then General->Profiles->AppCertain Enrollment…->More Details->Mobile Device Management.

Here is an explanation of the rights you should see there and how we use them:

  • List installed applications: This lets us list the name, Apple identifier, and version number of each installed application. It does not let us access the applications itself nor any data stored inside the applications.
  • List device information: We use this to get the name of the device, which helps us deliver clear reports to parents who are monitoring multiple devices. This also allows us to check the device model and OS version, which we use to help identify and solve problems with using our service.
  • List restriction information: This lets us check the current parental control settings on the device. In the future we may use this to help you keep an eye on those settings.
  • List configuration profiles: These let us list other profiles that alter your device’s configuration. We use this to help identify and solve problems with using our service.
  • List provisioning profiles: These let us list provisioning profiles, which are use to install apps without going through Apple’s app store.
  • List network information: This lets us check the device’s network identity and some network settings. We use this information to help identify and solve problems with using our service.
  • List security information: This allows us to check some security settings, such as whether a PIN is currently set. It does not give us access to your personal PINs, password, encryption keys, etc. In the future we may use this to help you keep an eye on these settings.

We do not have access to any other information such as contacts, the device’s location, your child’s email, or any data of other apps. We use the ID of the device for security purposes to ensure no one else can see the list of apps installed. If any of this changes, we will update this page and notify all our current users.

In the future, we may include marketing material relevant to the apps you already have installed.

 

AppCertain

Terms of Service and Privacy Policy

  IMPORTANT – READ CAREFULLY:  These Terms of Service and Privacy Policy (the “Terms of Service”) apply to your use of the AppCertain service (the “Service”) which is provided to you AppCertain, Inc. (“AppCertain”). By clicking “I AGREE” or by accessing or using the Service you agree to comply with and be bound by these Terms of Service. If you do not agree with these Terms of Service you are not authorized to access and/or use the Service and you should exit this web page immediately.

    1. ACCEPTANCE OF TERMS

Should you object to any term or condition in these Terms of Service or any future updates to these Terms of Service or should you become dissatisfied with AppCertain in any way on account of your use of the Service, your only recourse is to immediately discontinue use of the Service. These Terms of Service may be updated by AppCertain at any time. You understand and agree that you are solely responsible for periodically reviewing these Terms of Service. You can always review the most current version of these Terms of Service by clicking on the link labeled “Terms of Service” at the bottom of the pages on the AppCertain website located at www.appcertain.com and its subdomains (the “Website”).Any continued use of the Service by you after such amended Terms of Service have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms of Service. By accepting these Terms of Service, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use the Service only if your parent or legal guardian agrees to be bound by these Terms of Service. AppCertain does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use the Service and parents or legal guardians may not agree to these Terms of Service on their behalf. If you are a parent or legal guardian agreeing to these Terms of Service for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these Terms of Service, do not use the Service. All billing and personal information provided must be truthful and accurate. Providing any untruthful or inaccurate information will constitute a breach of these Terms of Service. By accepting these Terms of Service, you further certify that you are authorized to install the Service’s security profile on each mobile device on which you install such security profile.

    1. THE SERVICE

The Service allows you to monitor when new Apps have been installed on one or more of your designated mobile devices. After you agree to these Terms of Service, AppCertain will provide you with a custom link that, when you visit it on your iPad, iPhone, or iPod Touch (opening it with the Safari browser), will allow you to install a security profile on the device. This security profile uses “mobile device management” resources to check which Apps are installed on the device. When AppCertain detects a new App has been installed, AppCertain will analyze it and generate a report that it will email to you.   The Service may allow for AppCertain to remotely lock a mobile device or disable an App. However, we will not do so without your specific request and consent.

    1. PRIVACY POLICY

When you sign up for the Service, AppCertain only collects the name and email address you provide. After you install the security profile on the mobile device, AppCertain collects data regarding the type of device (iPod / iPhone / iPad), the unique ID of the device, and the list of Apps installed on such device (name and version). None of this data will be shared with any third parties. AppCertain does not have access to any other information such as contacts, the device’s location, your child’s email, or any data in Apps. We use the ID of the device for security purposes to ensure no one else can see the list of apps installed. If any of the foregoing data usage practices change, we will update this privacy policy and notify all of our current users. You may receive marketing emails or texts, promotions or safety messages from AppCertain on behalf of itself or third parties in connection with the Service and understand that you will be subject to your mobile service provider’s standard rates for the receipt of such materials. You consent to the receipt of such messages and materials as part of the Service. AppCertain is not responsible for the content of any messages sent by AppCertain on a third party’s behalf and does not make any representations regarding the content or accuracy of such messages. AppCertain does not sell or rent your personal information to any third parties. We will never give away or sell any personally identifiable information. However, we may give away, license or sell information from you that is anonymized or aggregated without disclosing your personal identity.

    1. CHARGES AND FEES AND TERM OF SERVICE

Although, you initially will not need to pay AppCertain a fee for the Service, you will have to pay your mobile phone service any applicable fees for such device. AppCertain may charge for use of the Service or the use of certain features at any time in the future. You will be notified of any proposed charges. If you do not wish to pay such fees at the time they are activated, you should cease to use the Service. All fees paid to AppCertain are in addition to the fees you pay for your mobile device service. You agree to pay all taxes, fees and surcharges set by the government. If you fail to promptly pay all amounts due to AppCertain at any time or fail to comply with these Terms of Service, AppCertain may suspend or terminate your access to the Service at any time with or without notice to you.

    1. OWNERSHIP

All right, title and interest in and to the AppCertain website and the Service are and will remain the exclusive property of AppCertain, its affiliates and its licensors, as applicable. The AppCertain names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of AppCertain, Inc. and all other marks are the property of their respective owners and may not be used without prior written permission. All rights not expressly granted in these Terms of Service are reserved to AppCertain.

    1. LIMITATION AND TERMINATION OF SERVICE

You acknowledge that AppCertain may establish limits concerning use of the Service, including the frequency with which you may access the Service.  You agree that AppCertain has no responsibility or liability for any errors in results utilizing the Service.  You acknowledge that AppCertain reserves the right at any time to modify or discontinue the Service (or any part thereof) at any time, and that AppCertain shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that AppCertain, in its sole discretion, has the right (but not the obligation) to suspend or terminate your access to or use of the Service (or any part thereof), immediately and without notice, for any reason, including, without limitation, if AppCertain believes that you have acted inconsistently with these Terms of Service. Further, you agree that AppCertain shall not be liable to you or any third party for any suspension or termination of your access to the Service and you agree not to attempt to use the Service after said termination.

Should you choose to terminate your access to the Service, the security profile may be removed. To do so, open the Settings App on your mobile device, go to General->Profiles. You should see an entry under “Configuration Profiles.” Tap that, then the button that says “Remove.” Confirm you do want to remove the profile and the security profile will be removed.

    1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, THE DOWNLOAD OF FILES, SOFTWARE AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APPCERTAIN, AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEITHER APPCERTAIN NOR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES APPCERTAIN, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    1. LIMITATIONS ON LIABILITY

IN NO EVENT SHALL APPCERTAIN OR ANY OF ITS AFFILIATES, LICENSORS, EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, EVEN IF APPCERTAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF APPCERTAIN TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO APPCERTAIN, IF ANY, FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING SUCH CLAIM. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN APPCERTAIN AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    1. INDEMNITY

You hereby agree, at your expense, to indemnify, defend and hold AppCertain, its officers, directors, shareholders, agents, affiliates, agents and employees harmless from and against any loss, cost (including attorneys’ fees), damages, liability, and/or expense arising out of or relating to (A) any fraud, manipulation or other breach of these Terms of Service by you, or (B) any third party claims, actions or allegations brought against AppCertain arising out of your use of the Service, including, without limitation, any claims of invasion of privacy occasioned by your installation of the security profile on a mobile device.

    1. GENERAL INFORMATION

These Terms of Service is governed in all respects by the internal substantive laws of the Commonwealth of Pennsylvania, U.S.A, without reference to its conflicts of laws principles and any dispute arising hereunder shall be submitted to state and Federal courts in Pittsburgh, Pennsylvania and you consent to the exclusive jurisdiction of such courts. If any provision of these Terms of Service are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. AppCertain’s failure to act with respect to a breach of these Terms of Service by you does not waive AppCertain’s right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms of Service or any rights or obligations hereunder, and any attempt to the contrary is void. These Terms of Service shall inure to the benefit of and be binding upon each party’s successors and assigns. AppCertain shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond AppCertain’s reasonable control. Any notice required or given to you under these Terms of Service shall be delivered by electronic mail at the email address provided by you on the Service or by text message to your mobile device. These Terms of Service constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. Sections 5, 6, 7, 8, 9 and 10 shall survive any termination of this Terms of Service.

These Terms of Service were last updated on December 26, 2012. Please check these Terms of Service periodically for changes.