Privacy Policy

Please read the following to learn more about our privacy policy.

What this Privacy Policy Covers

This privacy policy (“Privacy Policy”) covers the OurFamilyWizard, LLC. (“OurFamilyWizard” “we” “us” or “our”) treatment of the personally identifiable information OurFamilyWizard collects from users (“you” or “yours”) when you use OurFamilyWizard. This policy also explains

• the information we collect about you;
• how that information may be used;
• with whom the information may be shared;
• how you may update the information you provide us;
• how you may contact us; and
• your choices about the information.

By using OurFamilyWizard websites, including but not limited to, https://www.ourfamilywizard.com/ and https://www.custodynavigator.com (collectively along with any other website posting this Privacy Policy, the “Websites”), by using any of our computer or phone applications, including but not limited to iOS and Android mobile software applications, calling customer service, engaging with us on social media, interacting with us in any way, or utilizing any of our services, including, but not limited to, our Custody Navigator services (together with the Websites, the “Services”), you consent to be bound by this Privacy Policy in respect of the information collected about you via the Services.

This policy does not apply to the practices of companies that OurFamilyWizard does not own or control, or to people that OurFamilyWizard does not employ or manage.

Information Collection and Use

This Privacy Policy primarily concerns Personal Information, which deals with individuals, rather than organizations or businesses. “Personal Information” uniquely identifies an individual or can identify an individual by combining it with other data. It includes email addresses, phone numbers and other information associated with the individual. The legal name and definition of personal information differs from jurisdiction to jurisdiction. OurFamilyWizard will not use or share Personal Information other than as described in this Privacy Policy.

The Services collect Personal Information in a variety of ways, including but not limited to when you register for an OurFamilyWizard account, when you use certain OurFamilyWizard products or services, when you visit OurFamilyWizard website pages, and when you enter promotions or sweepstakes or when otherwise using the Services.

Personal Information collected by us may include your name, e-mail address, postal address, birthdate, doctors, emergency contacts, certain health information,  general usage metrics of the Services, your financial payment information, your profile, email communication history with OurFamilyWizard, anything you submit to or post on the Websites, and other information associated with you or your organization, as well as other information that may or may not specifically identify you.  While the information within these classifications may be required for the use of specific Services or features of the Websites, you are not required to use all of the Services and features. The information collected through the Services may be stored at servers, computers, or other media located in the United States.

We may obtain information about you from third-party sources, such as Google, Apple, or other users, when applicable.  This information may be utilized, analyzed, and/or compared with information that OurFamilyWizard has collected from you or that you have submitted to the Services. If OurFamilyWizard obtains information from third-party sources, you agree that your sole legal remedy for any harm associated with that information is against the third-party that provided the information to us, and that you will not assert any cause of action, claim or demand against us other than requesting we delete any erroneous information.

For the avoidance of doubt, OurFamilyWizard shall be entitled to collect anonymous and/or aggregated data across its various products and services provided that no individual natural person can be identified from such data (“Aggregate Data”). The Aggregate Data will be used for various purposes, including without limitation to analyze behavior, trends, and website interaction, and to improve and enhance our services and for other development, creation of new features, diagnostic and corrective purposes in connection with our services.  OurFamilyWizard shall own all right, title and interest in and to the Aggregate Data and this is not considered personal data.

We use the personal data for the following purposes set out below.  Applicable law requires us to have a legal basis for collecting and using your personal data, which is set out below.

Recorded Audio and Video Calls

If audio or video calls that you are party to are recorded, we ask for your consent prior to being recorded.  If you do not consent to being recorded, you must not join the call.

Under data protection laws, our lawful basis for these recordings will be:

• Performance of a contract with you.
• Where you do not have a contract with us, we rely upon legitimate interests of being able to provide a service to those with accounts on our Services.

However, we rely on consent as a lawful basis only for limited data processing within these calls, namely in relation to any special category of data contained in the calls. If the special category of data of someone under 13 years old (or the applicable age of consent in your jurisdiction) is recorded we rely on the consent of the parent or guardian.

Recorded audio and video calls may be transcribed.  The recordings and transcriptions can be downloaded for up to 90 days after the date of the recording.  The caller and recipient of the recorded call may download the recordings and transcripts. Additionally, professional subscribers may access these recordings and transcriptions.  Professional subscribers may include your legal counsel, the legal counsel of others that you communicate with through the Services, or any mediators.

After 90 days, you will not be able to directly download the recordings and transcriptions form the Platform, but we shall retain copies in accordance with our data retention policies (which are explained in more detail below).

Opting Out of Marketing

You can ask us to stop sending you marketing communications at any time by following the opt-out links within any marketing communication sent to you or by contacting us using the details at the end of this Privacy Policy.

If you opt out of receiving marketing communications, you will still receive service-related communications that are essential for administrative or customer service purposes for example relating to order confirmations for your subscription.

Aggregated Data

We may combine your personal data with other information we collect from you or other sources and use it for the purposes set out above (depending on the types of information we receive).  Where this aggregated data (such as statistical or demographic data) does not directly (or indirectly) reveal your identity it is no longer your personal data and we may use it for other purposes not set out in this Privacy Policy.

INFORMATION COLLECTION TECHNOLOGY

For each visitor to our Websites, we may use various technologies, including “cookies” to automatically gather certain information pursuant to your use of the Websites, from your electronic device about your activities using the Websites. We may collect and store non-personally identifying information through cookies, and third-parties to profile user activity and preferences.  Technical and specification information about your device and settings may be collected when you use the Websites. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, the content of previously accepted “cookies” from us, and clickstream data. We collect and store this information on an individual basis and in combined form. We also collect both user-specific and aggregate information on what pages visitors access or visit.

A cookie is data stored on your device that tracks non-personal information about you.  When using the Websites, we may assign your device one or more cookies that enable us to improve the quality of the Websites and to personalize your experience. Cookies allow us to automatically collect information about your activity on the Websites, such as the content you access while using the Websites, the links you click, and other activity you conduct while using the Websites.  You may choose to modify your device setting to disable cookies or limit their use. If you choose to disable or limit cookies, or otherwise limit your device permissions to the Websites, you may experience diminished performance from the Websites and/or may be prevented from using some or all features of the Websites. Our cookies generally fall into one of four categories:  Essential, Functional, Analytics and Target. Additional information about our cookies policy can be found here: https://www.ourfamilywizard.com/cookies.

Other companies may also set and access cookies on your computer, for example, advertisers on the Services or providers of external services such as website traffic analysis services.  We have no control over these third parties and their use of cookies is subject to their own privacy and cookie policies, not this one.  They do not have access to the data collected through the cookies we set. OurFamilyWizard uses information to customize the content you see, to fulfill your requests for certain products and services, to provide electronic notification services for events in your calendar and to provide billing information.

Our Services may contain web beacons (also known as “clear gifs”) or similar technologies that gather non-personally identifiable information about your use of our Services. Such technology may also be contained in e-mail messages or newsletters from us that allow us to determine whether messages have been accessed.  The purpose of our use of this technology is so that we may analyze the effectiveness of our marketing efforts and the quality of our Services.

PERMISSIONS

The following section only applies if you use one of our mobile software applications (the “Software”). The Software requires certain permissions on your mobile device in order to work as intended. You can either allow or deny the Software access to the permissions. In some cases it is necessary for you to grant the Software permissions to take full advantage of features or functionality of the Software. If you disallow some or all permissions, the Software may not function properly. Some of the permissions needed may include access to your device’s: camera; calendar; location; phone; sensor; microphone; and storage. Additional permissions may be requested as new features are added in the future.

Information Sharing and Disclosure

OurFamilyWizard will not sell or rent your personally identifiable information to anyone.

We may use and share your information for legally permissible purposes. We may match, use, and share any of the information we collect from you to any personally identifiable information we obtain through third-parties.  The ways we may use or share information that we collect about you include:

• providing you with use of the Websites and Services;
• delivering the Services, including diagnosing and correcting any errors in the Services;
• developing, researching, and/or improving the Services we offer;
• improving our artificial intelligence solutions;
• allowing the artificial intelligence features of our Services to learn from your information in order to improve itself and adopt new functionalities;
• providing you with products or services, whether from OurFamilyWizard, or any related organizations, entities, or affiliates;
• providing you with customized content and services;
• providing technical or customer support;
• performing research and analysis to gauge the use of the Websites and Services;
• communicating with you by e-mail, postal mail, telephone, text message, and/or mobile devices about products or services that may be of interest to you from OurFamilyWizard, any affiliates, sponsors, or other third-parties;
• enforcing this Privacy Policy, other OurFamilyWizard posted policies, OurFamilyWizard agreements, or otherwise managing its business;
• to administer the working relationship with you/your employer;
• where we have another legitimate interest in doing so;
• in connection with any possible sale merger or restructuring of all or any part of our business or assets; and
• performing functions as otherwise described to you at the time of collection.

In order to perform certain services on your behalf, we may publish certain information that you provide. You agree that any testimonial feedback, stories, posts, interactions or other comments provided by you to OurFamilyWizard through any form of communication including but not limited to through the Websites, becomes the sole and exclusive property of OurFamilyWizard and that such information may be used for any legally permissible purpose, including, but not limited to marketing and advertising our Services.

You acknowledge and agree that, unless otherwise prohibited by law, OurFamilyWizard may use and disclose your personal and non-personal information to public or private third-parties: (i) for inspection by law enforcement officials (including in the case of potential criminal activity); (ii) to respond to cease and desist letters, arbitration proceedings, legal actions and suits, criminal and civil subpoenas, any court orders; (iii) to enforce or apply the terms of this Privacy Policy or any other agreement between us; and (iv) to protect our, our users, and others’ rights, property, or safety whether during or after the term of your use of our Services.

Except as otherwise provided in this Privacy Policy, we do not rent or sell any personal information we collect to any third parties.

Unless otherwise provided in this Privacy Policy, we shall not disclose Personal Information you submit to us except (i) with affiliates, licensees, subsidiaries and successors, (ii) when we have your permission, or (iii) as necessary to:

• To our affiliates as permitted by law;
• To third parties who provide information technology services such as website hosting, computer systems maintenance, or data security and privacy services;
• To our partners, vendors or others who help us operate the Services or assess your interest or satisfaction with the Services, our organization, or our products, provided they have contractually agreed to adhere to this Privacy Policy; or
• To comply with our legal obligations, enforce this Privacy Policy, any other OurFamilyWizard agreements, or otherwise to protect the rights, property or safety of our users and business partners.

In addition, we may share aggregate and sell, non-individual information, incapable of identifying a particular person, with third parties for any lawful purposes.

ARTIFICIAL INTELLIGENCE (AI)

We may provide, as part of our Services covered by this Privacy Policy, solutions that include the use of artificial intelligence, such as recommending alternative phrasing to communications provided in the Services based on perceived tone and language choices. We do not allow any partners or third parties to use your data for training their own models.  Notwithstanding the foregoing, pursuant to this Privacy Policy, we may use log data or analytics data to update, modify, or otherwise improve our Services.

We will only disclose personal information or other information you intentionally enter or automatically submit to our artificial intelligence services in order to provide you with writing suggestions, insights, and other services that you have requested.

You acknowledge that artificial intelligence systems are a rapidly evolving field. Although OurFamiltyWizard is always working to improve its services, due to the probabilistic nature of machine learning, the output from artificial intelligence services may not always be accurate, complete, or available.  You should not rely on such output from our services as a sole source of truth or factual information, or as a substitute for professional and therapeutic advice. It is your responsibility to evaluate the output of the artificial intelligence services for accuracy and appropriateness for your use case, including using human review as appropriate, before using, modifying, or otherwise releasing such output from the services.

In addition, you agree you will not use any artificial intelligence functions to power, or make any decisions related to, any products or services that may involve personal injury or illegality.

This disclaimer of warranty constitutes an essential part of the privacy policy and terms and conditions that are fully incorporated as if rewritten herein. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.  Notwithstanding any of the foregoing – no warranties of any kind are made with respect to the software and services if it is provided on an evaluation basis.

CALIFORNIA RESIDENTS

We will not share any personal information about you with other companies if prohibited by applicable California law or to the extent your prior consent to share is required by applicable California law.

If you are a California resident, you may have certain rights with respect to your Personal Information including the following rights:

1. the right to know, by way of our Privacy Policy and any specific inquiries you direct to us, where personal information we have about you comes from, what we use that information for, whether it is being disclosed or sold, and to whom it is being disclosed or sold;
2. the right to “opt-out” of OurFamilyWizard’s sale of your personal information to any third parties;
3. the right, with some exceptions, to have your personal information deleted from OurFamilyWizard’s possession or control;
4. the right, under certain circumstances, to correct your personal data OurFamilyWizard possesses; and
5. the right to receive equal service and pricing from OurFamilyWizard even if you exercise any of your privacy rights.

To make such a request, or if you have any questions or concerns about your California privacy rights, our Privacy Policy or our use of your personal information, please contact us at as provided below.

International Transfers

We share your “personal data”, as defined under applicable data protection laws in the UK and European Economic Area (EEA) within our corporate group. This will involve transferring your data outside the UK and European Economic Area (EEA), including to our overseas offices in the United States. We may also transfer your personal data to service providers that carry out certain functions on our behalf. This may involve transferring personal data outside the UK and/or EEA to countries which have laws that do not provide the same level of data protection as the UK or EEA.

Whenever we transfer your personal data out of the UK or EEA, we ensure a similar degree of protection is afforded to it by ensuring that the following safeguards are in place:

• We will only transfer your personal data to countries that have been deemed under applicable EEA or UK law to provide an adequate level of protection for personal data.

We may use specific standard contractual terms approved for use under UK and EEA law which gives the transferred personal data the same protection as it has in the UK and EEA.

Your UK and EU Legal Rights

These disclosures apply only to our processing of Personal Information within the scope of the General Data Protection Regulation (“GDPR”) from one or more of the European Union Member States plus Iceland, Lichtenstein and Norway (together known as the “European Economic Area” or “EEA”).

You may have certain rights in the United Kingdom or European Union with respect to the processing of your personal data, including:

You have certain rights with respect to the processing of your personal data, including:

• Access.  You have the right to know if we are processing personal data about you and, if so, to access and obtain a copy of personal data about you, as well as information relating to the processing of that data. This right does not allow you to access the personal data of others. Where possible we shall provide your personal data without disclosing any information that identifies another individual. If this is not possible, we may not be able to provide such data to you unless we obtain the consent of the other identified individuals or it is reasonable for us to comply with the request without obtaining consent. There may be other exemptions to the right of access and we shall inform you if these are applicable, at the time of your request.
• Correction.  You have the right to have us correct or update any personal data about you that is inaccurate or incomplete, though we may need to verify the accuracy of the new data you provide to us.
• Erasure.  You have the right to request deletion or erasure of your personal data in certain circumstances, including:
  • If the personal data is no longer necessary.
  • When we rely on consent to process your personal data and you withdraw consent and we have no other lawful basis.
  • When we rely on legitimate interests and you object to our processing.
  • If your personal data has been unlawfully processed.
  • If we are sending direct marketing to you and you object.
  • Where we are required to erase your personal data to comply with local law.

We may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. For example, you may not have the right to have your data deleted from our Platforms if:

• There is a court order requiring use of OurFamilyWizard or there is a legal obligation to keep your personal data.
• The data is needed for legal proceedings or claims (including prospective legal proceedings or claims) or to obtain legal advice.
• In some circumstances, we have an overriding legitimate interest to continue processing. For example,
  • you may provide personal data that is shared with other subscribers (e.g. messages). Even if you no longer wish to use our services, we may still need this personal data in order to provide services to other subscribers.
  • the content of your communications with other users when using our Platforms is an important record for those you communicate with and would likely be regarded as personal data of both you and the other user (as well as any individuals who might be the subject of communications). Therefore, we would typically have an overriding legitimate interest in retaining this personal data even if you request us to delete it, as deletion would be prejudicial to those you share your personal data with. This is because they would no longer be able to access the records that they rely on if these were deleted at your request.
• Portability.  You have the right to request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Restriction of Processing.  You have the right to restrict or limit the ways in which we process your personal data, in one of the following scenarios:
  • If you want us to establish the data's accuracy.
  • Where our use of the data is unlawful but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data, though in this case, we would first need to verify whether we have overriding legitimate grounds to use it.
• Withdrawal of Consent.  When we rely on consent as the basis for processing personal data, you have the right to withdraw your consent. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
• Objection.  You have the right to object to our processing of your personal data when we are relying on legitimate interests as our legal basis and your rights override our legitimate interests in processing their personal data. As with your right of erasure,  we may not always be able to comply with your request to restrict processing for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Complaint.  You have the right to make a complaint about our personal data handling practices to your local Supervisory Authority. In the UK, this is the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach your local Supervisory Authority so please contact us in the first instance.

As with your right of erasure,  we may not always be able to comply with your request to restrict processing for specific legal reasons which will be notified to you, if applicable, at the time of your request.

You also have the right to object to our processing of your personal data for direct marketing purposes.

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 could 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 could 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.

If you wish to exercise any of the rights set out above, please contact us using the contact details at the end of this Privacy Policy.

Your Ability to Edit Your Account Information and Preferences

OurFamilyWizard gives you the ability to edit your OurFamilyWizard account information and preferences at any time, including whether you want OurFamilyWizard to contact you about special promotions and new products.

You may contact OurFamilyWizard to review, update and correct your Personal Information.

If you do not wish to receive promotional emails or other marketing communications from us, please let us know by using the opt-out response device that can be found at the bottom of every email we deliver or by contacting us as provided below. At places on our Websites where you give us your personal information, you may opt out of receiving those communications. Although you can opt not to receive promotional messages, we reserve the right to send you informational email messages about any user account you establish on our Websites, or notices regarding the Websites, as permitted.

To help us process your request, please include sufficient information for us to identify you in our records. We may need to verify your identity before providing you with Personal Information or updating it in our system.

Location

OurFamilyWizard provides you with the ability to attach geographical identification tags (longitude/latitude) to entries.  This functionality is called geotagging.  Geotagging makes user content more organized and searchable.  Geotagged entries are created at the users discretion and geotags are ONLY generated when a user affirmatively adds them to an entry.  If you do not want to use our geotagging features, you may simply opt not to use them or turn off the location services located in your browser preferences or in your device settings.

Security

Your OurFamilyWizard Account Information is password protected for your privacy and security. We follow generally accepted industry standards to protect the personal information submitted to us, and to protect against loss, misuse or alteration of your information.

Because of the sensitivity of information stored on OurFamilyWizard, OurFamilyWizard uses not only industry standard SSL encryption to protect data transmissions, but also uses Transparent Data Encryption and Redaction to protect data during storage and access inside of our database.

Please note, that while we use commercially-reasonable methods to protect your personal information, we cannot guarantee its absolute security. Therefore, although we take reasonable steps to secure your information, we cannot and do not promise or warrant that your information will always remain secure.

EXTERNAL LINKS AND THIRD-PARTY PRIVACY PRACTICES

OurFamilyWizard cannot guarantee or verify the contents of any externally linked website. You should therefore note you click on external links at your own risk and OurFamilyWizard cannot be held liable for any damages or implications caused by visiting any external links. This Privacy Policy does not cover any third party’s use or handling of your information once it is shared.  Instead, the privacy policy of the third-party will govern. We encourage you to visit the websites of those third-parties and fully read and understand their privacy policies.  Some of these entities will have different privacy terms than we do and their servers may be located outside the United States.

The Services may link to other websites or through advertisements. We disclaim any and all responsibility for the privacy practices of third-parties that may have links to or from our Services.  We encourage you to review the privacy policies and privacy statements of every website that you visit that collects personally identifiable information.

Please note that while we strive to protect your privacy and security, the use of external services and third-party providers introduces unique considerations. When you utilize features such as voice and video communication and recordings, you may be directed to services provided by Twilio, which is an independent third-party. We encourage you to review Twilio's privacy policy and terms of service to fully understand their practices and how they handle your data.

Data Retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements.

Plaid End User Privacy Policy

OurFamilyWizard uses Plaid to support OFWpay functionality. By signing up for OFWpay, you are also agreeing to Plaid's end user privacy policy: https://plaid.com/legal/#end-user-privacy-policy

Changes to this Privacy Policy

The OurFamilyWizard may amend this policy from time to time. We reserve the right to modify the Policy at any time without notice, so please review the Privacy Policy frequently. When changes are made to this Privacy Policy, we will revise the “last updated” date at the bottom of this Privacy Policy.  Your continued use of our Websites or Services after we have posted any policy changes indicates your agreement to the changes unless you notify us otherwise.

Contact Us

Contact OurFamilyWizard at info@OurFamilyWizard.com, by calling (866) 755-9991 or by writing to us at:

OurFamilyWizard

701 N Washington Ave, Suite 700

Minneapolis, MN 55401

On any email or postal letter you send, please include “Privacy” in the subject line.

Last Updated: September 18, 2024

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