The Translation Feature Terms 

Version 1.1

These terms apply to customers in the UK and U.S.

The Translation Feature Terms ‍

Dieses Dokument ist ausschließlich für Famly Kunden in Deutschland, Österreich und der Schweiz verfügbar.
This document applies to customers in the United States.

Effective from

Effective from

Effective from

Datum der Inkraftsetzung:

Effective from

2/22/23

22/2/2023

These Translation Feature Terms apply to the Translation Feature, and are subject to the Famly Terms and Conditions. By enabling the Translation Feature, the Customer agrees to these Translation Feature Terms.


1. The Translation Feature

The Translation Feature allows the Customer to offer its end users (parents, legal guardians, other family members) to translate posts that appear on the Newsfeed of the Famly Platform and messages, which  may include personal data. The Translation Feature is provided via Google Cloud EMEA Limited (“Google”) through an API. 


2. Fees

The Translation Feature is subject to an additional fee as set out in the pricing list, as applicable at the time Translation Feature is provided. The fee will be charged monthly or annually. Any changes to the fees are subject to the Famly Terms and Conditions.


3. Discontinuing use

The Customer admin user can disable the Translation Feature at any time. Any fees already paid will not be reimbursed. Famly reserves the right to disable the Translation Feature if there is a breach of these terms, or in the event Famly decides at its own discretion to discontinue providing these services. In such an event, any fees already paid for services not provided will be refunded. Famly has the right to terminate these terms with one months prior written notice (including email).


4. Disclaimer of warranties and guarantees

Famly does not warrant that the Translation Feature will work uninterrupted, and refers to the Famly Terms and Conditions around disclaimer of warranty. Famly is not responsible for the accuracy of the translation, and does not guarantee the correctness of the translations.


5. Ownership of data and copyright

If the Customer’s business is established in Europe, the Famly Data Processing Agreement applies. In such an event, the Customer is the controller of any personal data in the translated texts and retains ownership of such data, and Famly acts as a processor processing such personal data on behalf of the Customer.

 

The Customer retains ownership of any copyright to the translated text. The Customer grants Famly a non-exclusive worldwide right to use the text, and the right to provide it to Google, solely in order to provide the Translation Feature services.


6. Processing of personal data, data storage and retention

The translated texts may contain personal data. In order to be translated the texts are shared with Google Cloud EMEA Limited. If the Customers business is established in Europe, Google Cloud EMEA Limited becomes a  sub-processor when the Customer has enabled the Translation Feature. By enabling the Translation Feature the Customer approves the appointment of Google as an authorised sub-processor for the purpose of providing the Translation Feature. 

The text is only held briefly in-memory on Google EU region servers for the duration of the translation, once the translation has been transmitted the text is irreversibly deleted. Then the text, including any personal data it may contain, is stored for a maximum 30 days on Famly servers at AWS, where the Famly Platform is hosted, until irreversibly deleted.

Google Cloud commitments to the GDPR (and the UK GDPR) can be found here.


7. Use of text content

Google will only access the content of the texts to provide the Translation Feature (Cloud Translation API). The content of the text will not be made available to the public by Famly nor Google. The content of the text will not be shared with any third party except Google and AWS as set out above. Google does not use the content to train or improve their Google Translation features.


8. Subject to the applicable Famly Terms and Conditions and Famly Data Processing Agreement

These Translation Terms are subject to the applicable Famly Terms and Conditions (https://www.famly.co/terms/terms-conditions incorporating the Famly Data Processing Agreement or the US terms https://www.famly.co/terms/terms-conditions-us), and supplement such terms where the Customer enables the Translation Feature. These terms do not amend the applicable Famly Terms and Conditions or the Famly Data Processing Agreement (if it forms part of the Customer terms).