This Notice provides information about data we collect, use, and share, and our commitment to using the personal data we collect in a respectful fashion.
We at McAfee, LLC, including our affiliates ("McAfee", "we", "us", "our"), care deeply about privacy, security, and online safety, all of which are a significant part of our essential mission: to protect users of our products and services ("you" and "your") from the risks of theft, disruption, and unauthorized access to their online information and activities. This Privacy Notice ("Notice") is designed to inform you about how we collect, use, and share your personal data through our website (our "Site"), products, services, and web-based and mobile applications (collectively, the "Services") or when you interact with us.
McAfee sells products and services directly to consumers (you can find more information about those products here: https://www.mcafee.com/en-us/consumer-products.html). This Privacy Notice applies both to the information we collect from you or your device when you download one of our Services and to the information we collect when one of our distribution partners installs our Services on your device.
When you access or use our Services, you acknowledge that you have read this Notice and understand its contents. Your use of our Services and the Site and any dispute over privacy is subject to this Notice, any applicable Terms of Service (including any applicable limitations on damages and the resolution of disputes) and any applicable End User License Agreement.
As McAfee grows, our business changes, and we may update this Notice at any time as we deem appropriate to reflect those changes. If there are any material changes to this Privacy Notice, we will notify you by email, in-product notification, or as otherwise required by applicable law. It is important that you check back and make sure that you have reviewed the most current version of this Notice.
This Notice applies to all users of our Services across the world. Some users, including residents of the European Economic Area, may have additional rights depending on where they are located, which are described in this Notice.
What Kinds of Information Do We Collect?
In order to provide our services, we collect information. Some information you provide directly to us, some we collect automatically through our Services, and some is collected from third parties. In this Notice, "Personal Data" refers to data that could be used, alone or in combination with other data, to identify you as an individual.
We collect information you provide to us . For example, we collect information when you purchase a product or service, create an account, fill out a form, participate in a contest or promotion, request customer service, or otherwise communicate with us.
The types of Personal Data you may provide include:
We may also collect other information from or about you, such as information about what products you purchased, your interests, and demographic information. You may also provide us with additional data. For example, when you use our identity monitoring services, you will have the option to provide your social media log-in information so that we can monitor your social media accounts, or as further set out in the specific products and features below.
We automatically collect information about your interactions with the Services as well as devices on which the Services are installed. In some cases, we automatically collect information about other devices connected to the same network as the device on which the Services are installed.
For example, we may collect and use the following:
In order to provide you with our Services, including to detect and evaluate malware and spam, we may scan, collect, and store data from your files, including emails, attachments, email addresses, metadata, and URLs and traffic data.
We collect this information through our Services and through technologies such as cookies, web beacons or web bugs, and clear GIFs. Please see our Cookie Notice at https://www.mcafee.com/en-us/consumer-support/policy/legal.html#cookie for more information about the cookies and similar technologies that we use and the choices available to you.
Note that if you use our VPN services, our VPN servers do not look at or log any information that you send or receive on the internet.
Specific Products and Features
In addition to the above, we also collect additional data if you choose to use one of the products or features listed below.
Device Protection for Samsung Mobile Users. The general statements made in this Notice regarding the information that we may collect do not apply to this product. This is a Samsung product powered by McAfee, which means that McAfee only runs the malware scan functionality within this application. If you use this product, we generate a unique, randomized number for your device. We use these identifier numbers to ensure that we have an accurate user count, but they cannot be linked back to information about individual end users, nor be used to identify users. We do collect limited details about your device, including model name, SIM operator, operating system, and product version to better inform us as to how the product is being used. We also collect limited details about third party applications on your device, in order to operate the malware scan functionality and internally report and analyze malware, if it is detected.
Information We Collect from Third Parties
We may receive information about you from other sources and combine that information with the information we collect directly. Examples of information we may receive from other sources include: updated delivery or payment information used to correct our records; purchase or redemption information; and customer support and enrolment information. For our identity protection Consumer Products, we also may collect credit or identity information which we use to help prevent and detect fraud.
Location Information
Certain Services may request permission to access your location. Where you grant this permission, we will collect information about your location using GPS, wireless, or Bluetooth technology. You can control access to precise location information through your mobile device settings. We also may look up your IP address to determine your general location.
How Do We Use the Information We Collect?
To Help Protect You. When you install or use one of our Services, it will run in the background of your device or environment to help predict threats and better protect you, your devices, and your information. For example, McAfee may use information to:
To Run Our Business. We also use the information we collect for other business purposes, including to:
Artificial Intelligence
In some cases, we use artificial intelligence ("AI") to provide services to our customers, assist our developers in creating new services and products, and provide customer support for our services. The AI features use the information we collect to improve the services we provide to you, or to improve the support we provide to you in connection with our services.
Third-Party Advertising. We work with third-party advertising companies to display or deliver ads to you while you are on our Site or using some Services. These third-party advertisers may collect data about your interaction with the Site or Services or others' sites or services to measure the effectiveness of their ads and to personalize advertising content. See our Cookie Notice at https://www.mcafee.com/en-us/consumer-support/policy/legal.html#cookie to learn more about how McAfee and these advertising partners use tracking technologies like cookies and the choices available to you. You may opt out of targeted advertising by completing our Individual Data Request form at https://www.mcafee.com/en-us/consumer-support/policy/legal/data-request.html and selecting "I would like to Opt Out of McAfee selling or sharing my personal data".
If you have consented to allow our Services to access to your location, our mobile advertising partners may use your location to target advertisements to you. You may use the location settings on your device to withdraw access to information about your location
Other Uses. We may use Personal Data for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personal Data or with your consent.
Who Do We Share Personal Data With?
Generally, we disclose the information we collect to provide the Services, to communicate with you, to advertise or promote our Services, to facilitate changes to or transfers of our business, as required by law, or with your consent. We may share Personal information in the following ways:
How Do We Protect Your Data?
We use administrative, organizational, technical, and physical safeguards to protect the Personal Data we collect and process. Our security controls are designed to maintain data confidentiality, integrity, and an appropriate level of availability.
What Choices Do You Have About Your Personal Data?
McAfee Accounts. If you register a McAfee Consumer Product, you can access and correct the Personal Data in your profile at any time by logging into your account at https://home.mcafee.com/Secure/MyAccount/DashBoard.aspx?culture=en-gb, or contacting us as described below.
If you have not registered a McAfee product but one of our products is installed on your device, you may stop McAfee's collection of Personal data from your device by uninstalling that product.
To close your account and for other support questions, please visit the McAfee Customer Service page at https://www.mcafee.com/support/; click "Contact Support" and then select your country and preferred language.
Marketing Communications. To stop receiving marketing communications, click on the unsubscribe link in the email you receive from McAfee, or visit https://home.mcafee.com/supportpages/unsub.aspx to unsubscribe from marketing communications.
If you choose to no longer receive marketing information, McAfee may still communicate with you regarding transactional, legal or administrative topics, such as security updates, product functionality, and service requests.
Individual Rights in Personal Data
In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your Personal Data; (ii) obtain access to or a copy of your Personal Data; (iii) receive a portable copy of your Personal Data, or ask us to send that information to another organization (the "right of data portability"); (iv) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed Personal Data; (v) restrict our processing of your Personal Data; (vi) object to our processing of your Personal Data; and (vii) request erasure of Personal Data held about you by us, subject to certain exceptions prescribed by law.
For US residents, depending on applicable laws in your state of residence, you may request to: (1) confirm whether or not we process your personal information; (2) to access, correct, or delete personal information we maintain about you; (3) to receive a portable copy of such personal information; (4) to restrict or opt out of certain processing of your personal information, such as targeted advertising, sale of personal information, or profiling in furtherance of decisions that produce legal or similarly significant effects; and/or (5) to appeal our decision in response to your request. We will respond to your request consistent with applicable law. If you wish to appeal our response, please reach out to us at protectprivacy@mcafee.com and we will respond in accordance with applicable law. If you are a California resident, please refer to our California Consumer Privacy Act (CCPA) Addendum at the end of this Privacy Notice for additional information that we are providing to you in accordance with the CCPA.
If you would like to exercise any of these rights, please visit our Individual Data Request Form available at https://www.mcafee.com/en-us/consumer-support/policy/legal/data-request.html, or email us at protectprivacy@mcafee.com. We will process such requests in accordance with applicable laws. To protect your privacy, we may take steps to verify your identity before fulfilling your request, which we do by using the information you provide to us in the Individual Data Request Form. For some requests and where permitted by law, an administrative fee may be charged. We will advise you of any applicable fee prior to performing your request.
How Long Does McAfee Retain the Personal Data it Collects?
McAfee will keep your Personal Data for the minimum period necessary for the purposes set out in this Notice, namely (i) for as long as you are a registered subscriber or user of our products or (ii) for as long as your Personal Data are necessary in connection with the lawful purposes set out in this Notice, for which we have a valid legal basis or (iii) for as long as is reasonably necessary for business purposes related to provision of the Services, such as internal reporting and reconciliation purposes, warranties or to provide you with feedback or information you might request.
In addition, if any relevant legal claims are brought, we may continue to process your Personal Data for such additional periods as are necessary in connection with that claim.
Once the abovementioned periods, each to the extent applicable, have concluded, we will either permanently delete, destroy, or de-identify the relevant Personal Data so that it can no longer reasonably be tied to you.
Children's Privacy
Some of McAfee's Services provide security features that parents may use to monitor their child's activity online, physical location, or use of a registered device. These Services require parental consent, and we do not knowingly use the Personal Data we collect from children's devices for any purpose except to deliver the Services. These products allow parents to delete their child's profile at any time. If you believe we have collected information from your child in error or have questions or concerns about our practices relating to children, please contact us as described below. If you are under the age of 18, you must have your parent's permission to access the Services. McAfee urges parents to instruct their children never to give out their real names, addresses, or phone numbers, without parental permission. If you learn that your child has provided us with Personal Data without your consent, you may alert us by contacting us as described below. If we learn that we have collected any Personal Data from children under 13 (and in certain jurisdictions under the age of 16), we will promptly take steps to delete such information and terminate the child's account.
Data Transfers
McAfee is headquartered in the United States (see Contact Us for addresses), and we have operations, entities, and service providers in the United States and throughout the world. As such, we and our service providers may transfer your Personal Data to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your Personal Data receives an adequate level of protection in the jurisdictions in which we process it.
Residents of the European Economic Area and the United Kingdom
If you are in the European Economic Area (EEA) or the United Kingdom (UK), the following additional disclosures apply.
Data Controller. Where you purchase or download one of McAfee's consumer products, McAfee Ireland Limited acts as the Controller of your Personal Data.
Legal Basis for Processing. When we process your Personal Data, we will only do so in the following situations:
Data Transfers. We transfer Personal Data to countries outside of the EEA or Switzerland through a series of intercompany agreements based on the Standard Contractual Clauses in accordance with EU law and applicable EU regulations.
Individual Rights Requests and Withdraw Consent. You may submit a request to exercise your rights in Personal Data using the mechanisms explained under "What Choices Do You Have About Your Personal Data?" above. If you initially consented to our processing of your Personal Data, you may withdraw your consent using those mechanisms or by contacting us using the contact information below.
Supervisory Authority and Complaints. If you are an EU/EEA Data Subject and have a concern about our practices concerning the processing of Personal Data that we are not able to resolve, you have the right to lodge a complaint with the data protection authority where you reside or in which you work, or in which the alleged infringement occurred, each as applicable, or by contacting the Irish supervisory authority for data protection issues, at https://www.dataprotection.ie/docs/Home/4.htm, or +353 57 868 4800. If you are a UK Data Subject, you have the same rights and may exercise them by contacting the UK Information Commissioner's Office at https://ico.org.uk/, or +44 303 123 1113.
Residents of Japan, Argentina, and Canada
If you are a resident of Japan, Argentina, or Canada and you have an inquiry regarding your personal information held by McAfee, including your personal information collected through your use of our products you may request further information using the Individual Data Request Form available at https://www.mcafee.com/en-us/consumer-support/policy/legal/data-request.html.
Residents of California
Your California Privacy Rights - Shine the Light Law
McAfee does not share information that directly identifies you personally with non-affiliated third parties for non-McAfee marketing use without your permission.
Please refer to our California Consumer Privacy Act (CCPA) Addendum at the end of this Privacy Notice for additional information that we are providing to you in accordance with the CCPA.
Residents of Nevada
McAfee does not "sell" information that identifies you personally with non-affiliated third parties as the term "sell" is defined under Nevada law. If you would like to make a request that we not sell identifying information about you in the future, you may make a request using the contact information below.
Public Notice for Transfer of Personal Information
The assets and employees of McAfee Korea Limited will be transferred to and operated by Musarubra Korea Limited.
As a result of this transfer, personal information will be transferred to Musarubra Korea Limited. For more details, please review our public notice on the transfer of personal information, available at https://www.mcafee.com/content/dam/consumer/en-us/docs/legal/public-notice-for-personal-information-transfer-korea.pdf.
Links to Other Websites
Our Site and Services may contain links to other websites for your convenience and information. These websites may be operated by companies not affiliated with McAfee. Linked websites may have their own privacy policies or notices, which we strongly suggest you review if you visit those websites. We are not responsible for the content, privacy practices, or use of any websites that are not affiliated with McAfee.
Click https://www.mcafee.com/en-us/consumer-support/policy/legal/privacy-contact.html to contact us regarding this Privacy Notice or other related Privacy issues. You can also write to us as follows:
In the US by registered mail:
McAfee
Attn: Legal Department – Privacy Office
6220 America Center Drive
San Jose, CA 95002 USA
In the European Economic Area by registered post:
Attn: McAfee Data Protection Officer
Data Business Services
Nördliche Münchner Straẞe 47
D-82031 Grünwald/ München
Germany
+49 (0)89 12501375-0
In the UK by registered post:
McAfee
Attn: Data Privacy Officer
Jubilee House
Third Avenue
Globe Park
Marlow, Buckinghamshire
SL7 1EY
United Kingdom
In Japan by registered mail:
McAfee Co. Ltd.
Attn. Legal Department
Dai-ichi Life Hibiya First,
1-13-2 Yurakucho,
Chiyoda-ku,
Tokyo 100-0006 Japan
In South Korea by registered mail:
Attn: Chief Privacy Officer, copy to the Legal Department – Privacy Office
McAfee Korea Limited
5F. Gangnam Finance Center
152, Teheran-ro, Gangnam-gu, Seoul
Korea 06236
California Consumer Privacy Act Addendum
Effective date: March 1, 2024
Pursuant to the California Consumer Privacy Act, as amended by the California Privacy Rights Act ("CCPA"), we provide this California Consumer Privacy Act Addendum (the "CCPA Addendum") to California residents ("consumers" or "you"). This CCPA Addendum supplements the information contained in our Privacy Notice. Any capitalized term used but not defined in this Notice has the meaning given in our Privacy Notice.
This CCPA Addendum does not apply to information we collect about individuals in their capacity as present or former job applicants, employees, contractors, owners, directors, or officers of McAfee.
Categories of Personal Information
Under the CCPA, "Personal Information" is information that identifies, relates to, or could reasonably be linked with a particular consumer or household. "Personal Information" does not include publicly-available information, deidentified or aggregated information, or information covered by certain sector-specific privacy laws. "Sensitive Personal Information" refers to information that reveals a consumer's social security, driver's license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious or philosophical beliefs, or union membership; contents of mail, email, and text messages unless McAfee is the intended recipient of the communication; genetic data; and biometric information.
In the following charts, we identify (1) the categories of Personal Information and Sensitive Personal Information (as listed in the CCPA) that we plan to collect and use, and have collected and used within the preceding 12 months; (2) the categories of third parties to which we have disclosed each category of Personal Information or Sensitive Personal Information for our operational business purposes within the preceding 12 months; (3) the criteria we use to determine the retention period for each category of Personal Information or Sensitive Personal Information; and (4) the categories of Personal Information and Sensitive Personal Information we have sold or shared within the preceding 12 months, as "sale" and "sharing" are defined in the CCPA.
We do not sell Personal Information in the traditional sense of the word, for monetary consideration. However, because the definitions of "Sale" and "Sharing" under the CCPA are broad enough to potentially include the disclosure of your information to certain types of advertising and marketing partners, we provide California residents with the right to opt-out of any such Sale or Sharing of their Personal Information. We do not knowingly Sell or Share the Personal Information of anyone under 16 years old.
Category of Personal Information Collected
Disclosed to Which Categories of Third Parties for Operational Business Purposes
Retention Period Criteria
Sold and/or Shared? If so, to Which Categories of Third Parties
Identifiers , such as name, mailing address, email address, account log-in credentials, including online identifiers, payment information, billing address, bank account information, or other similar identifiers.
We use the following criteria to determine the period of time for which we retain each category of Personal Information:
Characteristics of protected classifications under California or federal law, such as age.
Commercial information , such as history of products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies.
Internet or other similar network activity , such as browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Geolocation data , such as precise physical location or movements.
Inferences drawn from other Personal Information to create a consumer's profile reflecting personal preferences or characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Pictures a consumer may choose to upload to the Services, such as profile pictures or “avatars”, which are not used for the purpose of uniquely identifying a consumer
Below, we provide this information related to Sensitive Personal Information:
Category of Sensitive Personal Information Collected
Disclosed to Which Categories of Third Parties for Operational Business Purposes
Retention Period Criteria
Sold and/or shared? If so, to Which Categories of Third Parties
A consumer's account log-in, financial account, debit card, or credit card number in combination with any required security or access codes, password, or credentials allowing access to an account
Precise geolocation of the consumer
Consumer's racial or ethnic origin, religious or philosophical beliefs, or union membership
Contents of consumer's email (other than content in messages sent to us)
Sources of Personal Information
We obtain the categories of Personal Information listed above (including Sensitive Personal Information) directly from you or from devices on which Services are installed as well as from the following categories of sources: our corporate affiliates, publicly-available databases, third-party business partners, social media sites, and other third-party sources.
Use of Personal Information
We use Personal Information (including Sensitive Personal Information) for a variety of business and commercial purposes, as described in our Privacy Notice.
CCPA Rights and Requests
California residents may make the following types of requests under the CCPA:
Requests to Know, Delete, or Correct
Requests to Know
You may request that we disclose the following information to you about our collection and use of your Personal Information (including Sensitive Personal Information) over the past twelve (12) months or other CCPA-specified period: (1) the categories of Personal Information we collected about you; (2) the categories of sources from which we collected this Personal Information; (3) the categories of Personal Information that we have sold, shared, or disclosed to third parties, (4) the categories of recipients to whom this information was sold, shared, or disclosed; (5) the business or commercial purpose for selling, sharing, or disclosing Personal Information; and (6) the specific pieces of information we collected about you. You may request information collected about you after January 1, 2022, beyond this twelve (12) month period, subject to applicable law.
Requests to Delete
You may request that we delete Personal Information that we have collected from you. We may limit or deny your deletion request in certain cases, in accordance with exceptions specified in the CCPA.
Requests to Correct
You may request that we correct inaccurate Personal Information that we maintain about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.
How to Submit Requests to Know, Delete, or Correct
You may submit a Request to Know, Request to Delete, and/or Request to Correct by either emailing protectprivacy@mcafee.com or in the Individual Data Request form, available at https://www.mcafee.com/en-us/consumer-support/policy/legal/data-request.html.
We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. We may need to request additional Personal Information from you, such as email address, state of residency, or mailing address, in order to verify your identity and protect against fraudulent requests. If you maintain a password-protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate yourself before disclosing or deleting your Personal Information. If you make a Request to Delete, we may ask you to confirm your request before we delete your Personal Information.
Requests to Opt-Out of Sale or Sharing
You may opt-out of the Sale or Sharing of Personal Information.
To opt-out of Sale or Sharing, please visit our "Do Not Sell or Share My Personal Information" page: https://www.mcafee.com/en-us/consumer-support/policy/legal/data-request.html. If you are a resident of California (or Colorado), you can also turn on the Global Privacy Control (GPC) to opt out of the sale or sharing of your personal information for cross contextual advertising. Learn more at the Global Privacy Control website.
Requests to Limit Use of Sensitive Personal Information
You may request that we limit our use of Sensitive Personal Information that we have collected about you to that which is necessary to perform the services that we provide to you.
To request that we limit our use of your Sensitive Personal Information, please visit our "Limit the Use of My Sensitive Personal Information" page https://www.mcafee.com/en-us/consumer-support/policy/legal/data-request.html.
Authorized Agents
To make a request as an authorized agent on behalf of a California resident, you may use the submission methods noted above. As part of our verification process, we may request that you provide, as applicable, proof concerning your status as an authorized agent, which also may include proof of your registration with the California Secretary of State to conduct business in California; and/or a power of attorney from the California resident pursuant to Probate Code sections 4121-4130;
If you are making a Request to Know, Request to Delete, or Right to Correct on behalf of a California resident and have not provided us with a power of attorney from the resident pursuant to Probate Code sections 4121-4130, we may also require the resident to verify their own identity directly with us; or directly confirm with us that they provided you permission to submit the Request to Know or Request to Delete.
Nondiscrimination
You have the right to be free from unlawful discriminatory treatment for exercising any of your CCPA rights.
Notice of Financial Incentives
From time to time, we may offer a program, benefit, or other offering in exchange for the collection, retention, sale, or sharing of Personal Information to us (collectively, "Financial Incentive"), such as your contact information. Any discount we provide will be based upon our reasonable but sole determination of the estimated value of your Personal Information, taking into consideration, without limitation, estimates regarding anticipated revenue generated from such information, the anticipated expenses which might be incurred in the collection, storage, and use of such information in the operation of our business, and other relevant factors related to the estimated value of such information to our business, as permitted under applicable law. We may provide additional notice of the details of the particular Financial Incentive as required, and participation in any Financial Incentive programs is on an opt-in basis. If you later wish to opt-out of a Financial Incentive program on a going-forward basis, you may submit a request to us using the contact details below.
If you have any questions or requests in connection with this CCPA Addendum or other privacy related-matters, please contact us at:
McAfee
Attn: Legal Department – Privacy Office
6220 America Center Drive San Jose, CA 95002 USA
Effective date: March 1, 2024
Our websites and mobile apps (collectively, the “Services”) use cookies and similar technologies to ensure that we give our visitors the best possible experience by providing you personalized information, remembering your marketing and product preferences, and helping you obtain the right information. This Notice describes how McAfee, our affiliates, and our partners use cookies and similar technologies for these purposes.
What Technologies Does McAfee and Its Partners Use?
Like many services, we and our partners use cookies and similar technologies to do things like provide and improve your experience and to customize advertising. The cookies and similar technologies we and our partners use include the following:
McAfee and its partners and service providers use different types of cookies, as follows:
| Category | Purpose |
|---|---|
| Essential | These cookies are required for the operation of our Services (for example, to enable you to log into secure areas of our website or use a shopping cart). These cookies enable you to move around the Services and use their features. |
| Customization | These Cookies are used to recognize you when you return to our Services. This enables us to personalize content for you, greet you by name, and remember your preferences (for example, your choice of language or region). |
| Analytics and Research | These cookies allow us to analyze activities on our Services in order to improve and optimize the way our Services work. For example, we may use these cookies to ensure that visitors can easily find the information they are looking for. |
| Advertising | These cookies record your online activities, including your visits to our Services, the pages you have visited, and the links and advertisements you have clicked. These cookies allow us to deliver advertisements and other communications to you that are more relevant to your interests. |
What Are My Choices with Respect to Cookies and Similar Technologies?
You have a variety of choices with respect to the use of cookies and similar technologies:
How Does McAfee respond to a Do Not Track Signal?
There is currently no industry agreed upon response to a Do Not Track signal. At this time, McAfee Services and Sites do not respond to a user's Do Not Track signal.
How to Contact Us
If you have any questions about how we use cookies and similar technologies, you can contact us using the information below. Please include your contact information and a detailed description of your concern.
In the United States by writing to us at:
McAfee
Attn: Legal Department – Privacy Office
6220 America Center Drive San Jose, CA 95002 USA
In the European Economic Area by writing to us at:
McAfee, Legal Department
2000 City Gate
Mahon
Cork
Ireland
T12 RRC9
You have the right to make a complaint at any time to the Data Protection Commissioner, the Irish supervisory authority for data protection issues, at https://www.dataprotection.ie/docs/Home/4.htm.
In Japan by writing to us at:
Personal Data Protection Manager
McAfee Co. Ltd.
Dai-ichi Life Hibiya First,
1-13-2 Yurakucho,
Chiyoda-ku,
Tokyo 100-0006 Japan
Welcome to McAfee
Before you get started, we need to have a quick chat about terms. These terms explain your legal rights and responsibilities when using our software and services. They're really important, so we're going to need you to read these terms carefully, including any links, because they'll become the agreement between you and us.
Things to remember while you read this . . .
What about my privacy?
We're big fans of privacy protection, but we do need to know some of your personal details before you can use the software and services. Make sure to read our Privacy Notice so you understand how and why we collect, use, and share your personal data through our websites, products and services and how you can exercise your rights on your data.
What can I do with McAfee's software and services?
When you purchase our software and services, you're getting a limited license. This means we, our partners and suppliers still own all the rights to the software and services. We're allowing you to use them according to these terms.
If your license is for personal use:
You get a license for the software and services you've subscribed to, that belongs to you, and only you. You can't transfer that license to anyone else.
We're allowing you to use your license:
If you are setting up a new device and have an existing subscription associated with your email address, we will automatically apply the existing subscription to your device instead of any limited term trial that may be available with the device. If you have multiple subscriptions associated with your email address, we will select the most appropriate subscription for that device.
If you're using your license for small business:
You get a license for the software and services you've subscribed to, just like in the terms as above. The only difference is, only people employed by the small business may use the software and services and only for internal business operations.
You must make sure to register each license you purchase, using the same email address as in your account profile. If you purchase new licenses using that email address, we will make sure they have the same renewal date as the licenses you first purchased. We will automatically pro-rate the cost to reflect the shorter initial term of the new licenses. Additional licenses you purchase using a different email address not associated with your account will be for the term you purchased, without a discount.
What about free software and services?
Sometimes, we offer software and services free of charge, like an additional feature in a paid subscription, a pre-release beta software or a courtesy service. The terms in this agreement apply to free software and courtesy services too, unless we've said otherwise. Some limitations may apply, and we'll let you know what these are when we make the free software or courtesy services available to you. You can use free software and courtesy services for as long as we provide them to you.
What about minors?
If you are under 18 or the age of majority in your jurisdiction, you may not agree to these terms yourself, and you may not use the software and services unless a parent has agreed to these terms on your behalf as part of a family plan. Some features are unavailable to all ages.
In addition, all users must comply with the law when using our software and services. If the product you purchase includes tracking features, you must have the legitimate right and authority before using them to track and monitor children. That means you must be a parent, legal guardian , or have other legal authorization. McAfee expects that you will use our software and services in compliance with applicable laws and regulations.
What can't I do with McAfee's software and services?
Our rights as owners or licensors of the software and services are protected by law. This means if you do something, like the following examples, your subscription will probably be canceled, and we might need to take further action. You don't want that. Here are some examples: Don't:
Technical support
For software and services that qualify for technical support, you'll receive the standard support offering for the length of your paid subscription. Check your receipt when you buy your software or services to see if your purchase qualifies. Our standard support offerings, policies and procedures may change from time to time and vary by country.
How do updates to McAfee software and services work?
We regularly release upgrades, enhancements and modifications to our software and services (updates). Once an update becomes available, we may stop supporting the previous version of the software or services. To make sure you can use new features we develop, you agree to let us install updates in the background while you do other things. We may also provide updates for free software and courtesy services, but we are not obligated to.
What happens when McAfee discontinues software, services, or features?
From time to time we may discontinue or remove certain software, services or particular features of the software or services. When we stop offering it for purchase, download, or renewal, it reaches end of sale and you won't be able to renew your subscription after the end of sale date. Sorry, but in order to make new and better things, sometimes we have to stop supporting older products. We also have to make changes to features of the software and services if required by third party platforms and software that are outside of our control.
Payment and automatic renewal
If you purchased your software from McAfee and not from a third party, when you share your payment information (credit or debit card or other payment type) with us, you are authorizing us (or, our authorized partner) to charge your payment type for the initial purchase amount, as well as any subscription renewals. In the event you provide more than one payment type, you are authorizing us (or, our authorized partner) to automatically charge those alternative payment types in the event there is an issue with your primary payment type. If you do not want McAfee to charge your alternative payment types, you can delete them in your My Account page, however McAfee will keep the last payment method used for up to 12 months to resolve any outstanding settlements.
Updating your payment details
If any of your payment details change (like card number or expiry date) please let us know as soon as possible by updating your payment details in My Account (or Security Console for Small Business products)so we can continue to provide the software and services when it comes time for renewal.
Sometimes we may receive updated credit or debit card information from your card issuer or the card network, which we'll use to update your payment details automatically. We may also retry failed payments to complete transactions, including by retrying failed cards by extending expiration dates. You consent for us to charge your payment type using the updated details.
How does automatic renewal work?
If you purchased your software from McAfee and not from a third party, your paid subscription will be automatically renewed at the end of its term, unless you've decided not to enroll in or have opted-out of automatic renewal. We'll email you in advance to let you know that your subscription is due for renewal and will charge your payment type within 30 days before the subscription is due to end. The amount charged will be the price of the software or services at the time of renewal, which might be different to the amount you originally paid. It is your responsibility to ensure the email address on your account is up-to-date. If your software or services have been renamed, upgraded or replaced with a new offering, we'll provide the new offering at no more than its renewal price at the time of your renewal, provided it has reasonably comparable features. If automatic renewal doesn't apply in your location, we will state this at the time of purchase.
Price Changes.
McAfee may change the price you pay for the software or services at any time after the introductory period (if applicable) and for any of the following reasons: legal or regulatory reasons; improvements to the services we offer or new features; or in response to market factors such as changes in taxes, inflation, currency fluctuations or changes in infrastructure or administrative costs.
How do I turn off automatic renewal?
If you don't want to continue your subscription, you can turn off automatic renewal at any time by logging in to your My Account or contacting Customer Service. Be sure to do this more than 30 days before your subscription term expires so your payment type isn't charged for your next renewal. Remember, if you turn off or don't enroll in automatic renewal, you won't be able to access premium features that we offer to subscribers of our automatic renewal service. If you forget to turn off automatic renewal you have 60 days after you're charged to request a refund and cancel your subscription. Our Refund Policy forms part of these terms and provides details on what is refundable and how to submit a request, so make sure you read them.
When does this agreement officially end?
This agreement will end when your right to access the software and services expires or is ended by us or you. After it ends, you're not allowed to use the software and services anymore and you must permanently delete the software and services from your devices.
Can I cancel my subscription?
Of course, you can, but you'll be giving up all the online protection we provide. If you're absolutely sure, you can cancel your subscription any time before it's expiry date. Check our Refund Policy before you cancel though, because you may not qualify for a full refund. If you don't qualify, the good news is you'll be able to keep using the software and services until the end of the cancelled paid subscription period.
Will my subscription be suspended or cancelled if I break the terms of this agreement?
Yes. If you violate this agreement or any of the additional terms and conditions that apply, we'll have to suspend or end your use of the software or service. When we end it, we may also close your account.
What happens to my data after this agreement ends?
We delete all your stored or backed-up content (information, text, files, links, images and all other materials you provide to us) in accordance with our internal policies after you have deleted or uninstalled your software. You're responsible for storing and backing-up your content before termination. Hard drive and cloud storage space is cheap, so don't forget!
Terms specific to certain products, plans, and services
Additional terms
Some of our software and services have a few extra terms of service not covered here. You can find more information on our website.
Virus Removal, TechMaster Services or Virus Protection Pledge
We will make every reasonable effort to remove viruses and malware from your device. However, we can't guarantee that all malware and viruses can be removed because some attacks are far more sophisticated than a simple scan can handle. You can find additional information in the TechMaster TOS and VPP Terms.
Password Management products and features
We never have a copy of your master password or your encryption keys, so you're responsible for keeping them safe. Use a strong, hard to guess master password and keep your keys in a safe place, because if you lose them, we can't help you get back into your account. There is no "reset password" option.
WebAdvisor
WebAdvisor uses a lot of fancy math to figure out whether or not a website is safe to browse. As good as it is though, it can't spot every threat or understand the nature of every website. Ratings don't guarantee a site is completely free from risk, and good ratings don't mean we endorse the website, or it's services. WebAdvisor's "Secure Search" is powered by Yahoo!, by default. If you turn Secure Search on, your searches will go through the Yahoo! Network. You can change your browser's default search engine options in your browser's settings.
Home Scanner feature
If you've purchased this feature, you'll need to opt-in for it to work. By turning Home Scanner on, you're giving us permission to identify devices that connect to your home Wi-Fi network. This helps us spot devices that have poor security and could put your safety at risk. You can opt out of Home Scanner at any time. Home Scan is just for your home Wi-Fi network. Home Scan collects data from every device on your network, so be sure to let your friends and family know their devices will be scanned before you give them your Wi-Fi password.
Antivirus Protection
Your antivirus protection may include features that monitor the security status of your device, automatically sending us reports about suspected malware and other unwanted software. This automatic reporting helps us quickly detect and respond to new threats, providing better protection for your device. The reports may include files that contain suspected malware. These types of files are unlikely to contain any of your personal data, but if we think a suspicious file is likely to contain your personal data, we will seek your permission to send the file. You can turn off this automatic reporting from your antivirus protection in your product.
VPN (Virtual Private Network)
If this feature is available in your location and you have purchased this feature, you must comply with our fair use policy. This means, when using McAfee's VPN, you must not do anything that imposes or may impose an unreasonable or disproportionately large load on our infrastructure. If you breach this fair use policy, we may suspend your use of the VPN function without liability to you.
Identity Protection
If you are entitled to our identity protection features, please see our Identity Protection Terms of Service, which form part of this agreement.
Identity Monitoring (dark web monitoring)
The Dark Web can be a scary place! It's basically just the internet, but an encrypted version, so it's harder to find out who owns websites. Because of this, people buy and sell all kinds of information, like credit card numbers and identification.
Our identity monitoring service searches dark web data available to us and alerts you if the personal data you have chosen to monitor has been found on the dark web. By using the service, you understand and agree to the following additional terms:
We cannot remove your breached information from the dark web.
It is your responsibility to keep your contact information up to date, review the alerts and take any recommended actions to reduce the risk of further misuse of your data. We do not guarantee that our recommendations will prevent such misuse.
We do not guarantee that our data sources contain all instances in which your personal information has been compromised, nor do we claim that our service can prevent your information from being hacked in the first place.
Personal Data Cleanup
If you are entitled to the Personal Data Cleanup feature, we will scan a list of data broker sites to see if they have your personal information and help you take steps to raise deletion requests.
It's important to note, however, that not all data brokers are located in a jurisdiction in which privacy regulations have been adopted. While some data brokers may comply with your deletion requests, it is possible that others might tell you they are not required by law to do so.
Depending on your subscription, you may be entitled to ask us to help you raise deletion requests. When we help you send these requests, we do not act as an agent on your behalf.
SMS and text messaging
If you choose to provide us your phone number, we may use it to register your McAfee subscription and/or send you service notifications and reminders. Message and data rates may apply. You can opt out of receiving our SMS and text messages by following the instructions you received in the message or at the time you provided your phone number (typically by replying "STOP"). For help, you can contact service.mcafee.com.
Financial Transactions Monitoring
You provide log-in credentials to your accounts at your own risk. By using our service, you agree that we, the data sources that maintain your accounts, and any third parties that interact with your credentials or account data in connection with our service are not liable for any loss, theft, compromise, or misuse whatsoever in connection with our services (including negligence), except to the extent such liability cannot be limited under applicable law. We and the data sources make no warranties of any kind related to the data provided by our services - whether express, implied, statutory, or otherwise. Except for PDFs of official account documents we retrieve on your behalf and provide to you without alteration, no data provided by our services is an official record of any of your accounts.
We reserve the right to reject a registration based on our reasonable determination that: (i) accepting the registration may result in a breach of a law, rule, or regulation; (ii) the registration originated from a user, IP address or device known or reasonably suspected to participate in hacking or misuse of other services, or (iii) the registration otherwise presents a perceived security risk.
Not all data sources are supported, and we make no representations or warranties relating to the availability, accessibility, or quality of any data source.
Beneficiaries of McAfee Subscriptions
If you have been invited by a McAfee subscription holder to create a McAfee account and participate in that subscription at no added cost to you, then you understand and agree that the McAfee subscription holder may be able to see limited information about you, your device, and your account, including your name, type of device protected, and your Protection Score.
Plans with Unlimited Device Protection
Unlimited plans cover only household devices that you own for personal, non-commercial use, and is subject to our fair use policy. If you have an issue adding a device, please contact Customer Support.
Guarantees and disclaimers
30 Day Money Back Guarantee
In the first 30 days of your purchase, you can decide to cancel your subscription for any reason and ask us for a refund of the amount you paid. Additional remedies may be available in the country in which you purchased the McAfee software, and some are outlined at the end of this document.
Attacks on Data
Security breaches might involve attacks on your data. For example, viruses and other malware might delete, destroy, alter or encrypt data and files on your device. If this happens, you could lose access to your data and files. You agree that it is your responsibility to back-up and store all data and files on your devices so you can safely restore them, if you need to. As we mentioned earlier in these Terms, hard drive and cloud storage space is cheap. You should back up your important files to a reputable online data storage service and do it often. We're not liable for any lost or damaged files or interruptions as a result of attacks on your data.
High risk activities
The software and services are not fault-tolerant and are not designed or intended for high-risk activities such as use in hazardous environments requiring failsafe performance, including nuclear-facilities operations, air traffic communication systems, weapons systems, direct life-support machines, or any other application in which the failure of the software or services could lead directly to death, personal injury, or severe physical or property damage. We do not make any express or implied warranty of fitness for high-risk activities.
Limitation of liability
Our liability and that of our affiliates, suppliers, licensors or other third-party service providers to you, under or in connection with these terms, is (a) limited to the price you paid for the applicable software or services for the subscription term during which the event or circumstance giving rise to the liability occurred, or USD$100 in respect of free software; and (b) excludes any liability to you for any: (i) indirect, special, incidental, or consequential loss or damage, including loss of profits, loss of goodwill, loss of personnel salaries, work stoppage, computer failure or malfunction or loss of data; or (ii) theft of personally identifiable information.
We make no warranties, representations, express or implied, in relation to the software or services, including warranties or conditions of merchantability, performance, satisfactory quality, fitness for purpose, title, and non-infringement. The software and services are provided "as is". You are responsible for selecting the software and services to achieve your intended results and for installing and using the software or service. We do not warrant or guarantee the software or services' use or performance. We do not warrant or guarantee that the software or services' operation will be failsafe, uninterrupted, or free from errors or defects, that the software or services will protect against all possible security threats, or that there will be no malfunctions or other errors in the software or services caused by virus, infection, worm or similar malicious code not introduced or developed by us. We are not liable for any downtime or service interruption, for any lost or stolen data or systems, or for any other damages arising out of or relating to any actions or intrusions.
You agree that the limitations of liability and disclaimers in this section reflect the fee charged for the software and services, which would be higher without these limitations. Nothing in this agreement limits any rights you may have under existing consumer-protection statutes or other applicable laws that may not be waived in your jurisdiction, including those specifically mentioned in the local law section.
Some general housekeeping
What happens when McAfee makes changes to these terms?
Sometimes we make changes to these terms and post them to our website. If you don't agree to any of the changes you can end your subscription by not renewing, as outlined above, and uninstalling the software. If you renew your subscription, you accept the most recent version of these terms. If you've accepted more than one version, the most recent version will replace all older versions.
For free software and services, you accept changes to these terms by continuing use the free software and services. If you don't agree to any of the changes, you must stop using the service and uninstall the free software.
Can I give McAfee my feedback?
We love to receive your feedback about the software and services. Keep in mind that we'll use it without restriction.
What about data charges?
You're responsible for paying all data and mobile charges associated with using the software and services.
What country's laws apply to these terms?
It's no secret that different countries have different consumer laws. Use of the software and services and any claims will be subject to:
No matter which local law applies, the following will always be excluded:
What if there's a dispute?
Most disputes can be resolved informally by contacting Customer Service. If we are unable to reach an agreement to resolve the dispute, our preference is to resolve any disputes through arbitration. If you live in the United States, however, you agree to resolve all disputes relating to this agreement through arbitration or in small claims court, as we explain in more detail in the "Binding arbitration and class action waiver" section below.
Export control
The software and services are subject to export controls under the U.S. and local country laws. You agree that you will not directly or indirectly export, transmit, permit access or use of the software or services and their related documentation and technical data to an individual, entity, or country to which export, transmission or access is restricted by export control laws, without the required authorization of the Bureau of Industry and Security of the U.S. Department of Commerce or other governmental entity with jurisdiction over export or transmission. You will not use, transfer or access any McAfee products for end use relating to any nuclear, chemical or biological weapons, missile technology, or the military end use or for a military end user per 15 CFR Part 744.21 unless authorized by the U.S. or relevant local government by regulation or specific license. If we receive notice that a user is or becomes identified as a sanctioned or restricted party under applicable law, we will not be obligated to perform any of our obligations under these terms if it would result in violation of the sanctions or restrictions. Additional information regarding exporting and importing McAfee products may be found here, as updated from time to time.
Complete agreement
These terms are the entire agreement between you and us relating to your use of the software and services. These terms supersede any prior agreements or terms between you and us in relation to the software and services, and any other communications, representations, or advertising relating to them.
Translated versions
We provide versions of these terms translated from English for your convenience only. If there is any difference in meaning or interpretation between a translated version and the English version, the English version applies.
No waiver
We will only waive a provision of these terms in a signed document.
Licensing entities
The software and services are licensed to you by one of these legal entities:
McAfee contact information
Customer Service & Technical Support: http://service.mcafee.com
Disputes:
Attn: McAfee Legal Department
6220 America Center Dr
San Jose, CA 95002
McAfee Website
You agree to comply with the McAfee Website Terms of Service, which are incorporated into these terms.
Local law provisions
For consumers in Australia
Where any of the consumer guarantees under the Competition and Consumer Act 2010 (Cth) (CCA) apply to the software or services, and the CCA voids or prohibits a provision in these terms excluding, restricting or modifying such consumer guarantees, then, our liability arising out of the supply of software and services for failure to comply with such consumer guarantees is limited to the provision of the following remedies:
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
This warranty is made by McAfee Ireland Limited. Please send any claims under this warranty to:
Legal Department
McAfee Security Australia Pty Ltd
45 Evans Street,
Balmain, NSW, 2041
Australia
For consumers in France
Conformément aux dispositions de l'article L. 215-4 du code de la consommation, les clauses suivantes sont reproduites :
Pour les contrats de prestations de services conclus pour une durée déterminée avec une clause de reconduction tacite, le professionnel prestataire de services informe le consommateur par écrit, par lettre nominative ou courrier électronique dédiés, au plus tôt trois mois et au plus tard un mois avant le terme de la période autorisant le rejet de la reconduction, de la possibilité de ne pas reconduire le contrat qu'il a conclu avec une clause de reconduction tacite. Cette information, délivrée dans des termes clairs et compréhensibles, mentionne, dans un encadré apparent, la date limite de non-reconduction.
Lorsque cette information ne lui a pas été adressée conformément aux dispositions du premier alinéa, le consommateur peut mettre gratuitement un terme au contrat, ? tout moment ? compter de la date de reconduction.
Les avances effectuées après la dernière date de reconduction ou, s'agissant des contrats ? durée indéterminée, après la date de transformation du contrat initial ? durée déterminée, sont dans ce cas remboursées dans un délai de trente jours ? compter de la date de résiliation, déduction faite des sommes correspondant, jusqu'? celle-ci, ? l'exécution du contrat.
Les dispositions du présent article s'appliquent sans préjudice de celles qui soumettent légalement certains contrats ? des règles particulières en ce qui concerne l'information du consommateur.
Lorsque le professionnel n'a pas procédé au remboursement dans les conditions prévues ? l'article L. 215-1, les sommes dues sont productives d'intérêts au taux légal.
Le médiateur suivant est ? votre disposition : Centre de Médiation et d'Arbitrage de Paris, CMAP (dont les coordonnées sont les suivantes:
For consumers in Germany
This section explains how the German Fair Consumer Agreement Law affects your subscription.
This section applies only to contracts between McAfee and consumers with their regular place of business in the Federal Republic of Germany (Germany) as of March 1, 2022. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (Section 13 of the German Civil Code).
Your initial subscription will automatically renew for an indefinite period of time, unless you turn off automatic renewal in your settings under MyAccount or terminate the subscription by other means (e.g., by accessing the "cancel subscription here" on McAfee's homepage). After the initial term of your subscription, you have the option to terminate it any time by giving one month's notice.
As described in the section "How does automatic renewal work?" of the McAfee License Agreement, 30 days prior to the end of the subscription period, McAfee will notify you in advance of the automatic renewal of your subscription and charge you in advance for the applicable fees for use of the McAfee product for a period of one year. At the end of your renewal period of one year, McAfee will inform you again and will charge you in advance.
If you choose to cancel your subscription , you can do so by accessing the Vertrag hier beenden link on the McAfee homepage. McAfee will refund you any renewal prepaid fees on a pro-rata basis (the amount of the refund depends on the duration for which you have used the McAfee product). For details, please refer to the McAfee Consumer products Refund Policy (for German customers).
For consumers in the Netherlands
Any automatic renewal of your original subscription will be for an indefinite term. You may terminate your renewed subscription any time after renewal by contacting Customer Service and providing at least 30 days' notice of your intent to terminate and we will provide a prorated refund in accordance with local law.
Binding arbitration and class action waiver
This clause applies to U.S. customers.
Agreement to arbitrate
You and McAfee agree that any claim or dispute arising out of or relating to this agreement (claim) will be resolved by confidential binding arbitration governed by the Federal Arbitration Act. This includes claims made by us, by you, on your behalf or by persons connected with you or us, such as employees, subsidiaries and successors.
You and we agree that no class action or other collective, consolidated, or representative action may be asserted by arbitration, court or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in your or McAfee's individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. We and you waive the right to initiate or participate in a class action or litigate a claim in court before a judge or jury.
Notice of dispute
Before initiating arbitration, a party must give the other party 60 days' advance written notice. Notices to us should be addressed: McAfee, LLC, 6220 America Center Dr, San Jose, CA 95002 , Attention: Legal Department. The notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested. You and we must use reasonable efforts to resolve any dispute through informal negotiation within 60 days from the date the notice of dispute is sent. After 60 days, either party may commence arbitration if the dispute is unresolved. These notice obligations do not modify the statute of limitations applicable to any claim.
Administration of arbitration
Costs
The Filing fee is payable by whoever initiates the arbitration. If an award is made in your favor we will reimburse you the filing fee if paid by you. We may reimburse or advance you the filing fee or other expenses if we are satisfied there is good reason to do so (e.g. you cannot afford the fees). The arbitration rules will apply in respect of all other fees and expenses and each party will bear its own legal costs and expenses, unless the arbitrator determines otherwise.
Small Claims Court option
If you are an individual consumer, you may choose to resolve your claim in small claims court in your county of residence or in Santa Clara County, California if you meet the court's requirements.
Preservation of provisional remedies
Despite this arbitration clause, we will still be free to resort to self-help remedies or seek injunctive relief, attachment or garnishment orders at any time.
Conflicting terms
This arbitration agreement will prevail over any conflicting terms in the arbitration rules or any other applicable arbitration terms. If any part of this arbitration agreement is deemed invalid or unenforceable it will not invalidate the other provisions of the arbitration agreement; provided, however, that (a) if the prohibition on class-wide arbitration is deemed invalid, then this entire arbitration agreement will be null and void; and (b) if the prohibition on arbitration of representative claims brought in a private attorney general capacity is deemed invalid, then the arbitration agreement will be null and void as to such claims only.
Waiver of jury trial
If for any reason a claim proceeds in court rather than through arbitration, you and we agree that there will not be a jury trial. You and we unconditionally waive any right to trial by jury in any dispute that in any way relates to or arises out of the agreement or from any software or services. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court. This paragraph in no way invalidates the agreement to arbitrate disputes.
For European Union Customers
Online Dispute Resolution Service (ODR) & Alternative Dispute Resolution (ADR). We are required by law to provide a link from our website to the EU ODR Platform: https://ec.europa.eu/consumers/odr/main/. We are not obligated to use ADR should you have a complaint with us. If you do have a complaint with us which we cannot resolve using our internal complaints handling procedures, we will contact you by letter or email about whether we are prepared to submit to ADR. You may contact us through our website.
Last Updated: February 1, 2024
1. Your use of McAfee’s Identity Protection Services is subject to our License Agreement and Privacy Notice.
2. These terms only apply if you are entitled to Identity Protection Services from us or one of our trusted partners. Your entitlement to the Services may be specified in the documents that accompanied your purchase or enrollment, and these terms.
3. By enrolling into and using the credit, financial, cyber and other monitoring features you certify that are above the age of majority and that you will only use the features to monitor accounts and information associated with your personal information.
4. You may be required to enroll to activate all or some of the features. If eligible, you will receive enrollment instructions. Disclaimer: While McAfee Identity Protection Services provides you tools and resources to protect yourself from and recover from identity theft, no identity can be completely secure. McAfee is not responsible for any loss or damages incurred as a result of identity theft. See our License Agreement for additional disclaimers of warranty and limitation of liability.
5. Some features of the Identity Protection Services are only available to residents of the United States who possess a valid social security number. For a full list of eligibility requirements see here.
6. While enrolling for the Services, we will ask you for the following types of information: (i) contact information (such as name, address, phone number, and e-mail address); (ii) identity related information (such as date of birth, driver’s license number and social security number); and (iii) information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, charge you the agreed-upon fees for our Services, and to fulfill our obligation to provide our Services to you, including monitoring your identity and communicating with third parties as necessary to provide such Services, such as, for example, identification verification companies, third party service providers, third party data suppliers, consumer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others. McAfee’s Privacy Notice outlines the manner in which we (or others acting on our behalf) collect, use, and share information about you in connection with your use of the Identity Protection Services, and it is your responsibility to review our Privacy Notice prior to agreeing to this License Agreement or before using our Services.
7. You understand that by accepting this Agreement and using our Identity Protection Services, you are providing us and our employees, agents, subsidiaries, affiliates, contractors, third-party service providers and data providers, and all other credit reporting agencies under the Fair Credit Reporting Act ("FCRA"), as amended, including Experian, TransUnion, Equifax, and affiliated entities, written instructions (as described in these terms), consent and authorization to access and use consumer reports, including credit reports, about you from each national credit or consumer reporting agency and to exchange information about you with third party data providers and each such national credit reporting agency in order to verify and monitor your identity and to provide the Identity Protection Services to you.
8. Fair Credit Reporting Act in the USA. The Fair Credit Reporting Act allows you to obtain from each consumer reporting agency a disclosure of all the information in your consumer file at the time of the request. Full disclosure of information in your file at a consumer reporting agency must be obtained directly from such consumer reporting agency. The consumer reports provided by or requested from McAfee Identity Protection are not intended to constitute the disclosure of information by a consumer reporting agency as required by the FCRA or similar laws.
Under the FCRA you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. You may request your free annual report under the FCRA, at www.annualcreditreport.com.
You are also entitled to receive a free copy of your credit report from a consumer reporting agency if:
You have been denied or were otherwise notified of an adverse action related to consumer, insurance, employment, or a government granted license or other government granted benefit within the past 60 days based on information in a consumer report provided by such agency.
You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past 60 days based on information in a consumer report provided by such agency.
You certify in writing that you are unemployed and intend to apply for employment during the 60-day period beginning on the date on which you made such certification.
You certify in writing that you are a recipient of public welfare assistance.
You certify in writing that you have reason to believe that your file at such consumer reporting agency contains inaccurate information due to fraud.
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your consumer report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your consumer report twice a year. For Illinois residents, consumer reporting agencies are required by law to give you a copy of your consumer record upon request at no charge or for a nominal fee. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your consumer report.
The Fair Consumer Reporting Act provides that you may dispute inaccurate or incomplete information in your consumer report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CONSUMER REPORT FROM ANY OF THE CONSUMER REPORTING AGENCIES IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CONSUMER REPORTING AGENCIES, OR FROM ANY OTHER CONSUMER REPORTING AGENCY.
It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your consumer report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, please contact such entities as follows:
Experian: 1-800-EXPERIAN (1-888-397-3742)
For a full summary of your rights under the FCRA, click here.
9. Additional Disclaimers of Warranties and Limitation of Liability for McAfee® Identity Protection Services. Below are additional warranties and limitations of liability applicable to our Identity Protection Services:
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE IDENTITY PROTECTION SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MCAFEE, LLC AND ITS THIRD PARTY SERVICE PROVIDERS AND THEIR DATA PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, MCAFEE, LLC AND ITS THIRD PARTY SERVICE PROVIDERS AND THEIR DATA PROVIDERS DO NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE IDENTIFY PROTECTION SERVICES AND WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OF THE IDENTITY PROTECTION SERVICES OR THE DATA THEREIN.
We are not a credit repair organization, or similarly regulated organization under other applicable laws, and do not provide credit repair advice.
Our credit monitoring offerings monitor only the credit file associated with the purchasing consumer, and do not monitor, compare or cross-reference the credit file associated with the purchasing consumer to any other credit file(s) maintained by the applicable credit bureau(s).
We do not monitor all transactions at all businesses.
Credit scores, reports, and credit monitoring may require an additional verification process and credit services will be withheld until such process is complete. A reduced service fee will be charged until you verify your identity.
The Vantage Score credit scores are Vantage Score 3.0 credit scores based on data from Equifax, Experian and TransUnion respectively. Third parties may use a different Vantage Score or a different type of credit score to assess your creditworthiness.
For McAfee® Identity Protection Services, monitoring may take several days to begin.
You represent and warrant to us that you will use Identity Protection Services (and any of the information therein) to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities, and not for any other purpose.
We are not responsible for delay or failure to perform due to causes beyond our reasonable control.
A free subscription to Identity Protection Services is valid for one year from the date of sign-up.
Identity Theft Coverage with Stolen Funds Reimbursement
Availability limitations:
Depending on how you purchased your subscription, your identity theft coverage with stolen funds reimbursement is made available to you through one of the providers below.
1. If you purchased a qualifying McAfee Security for T-Mobile subscription, insurance is underwritten and administered by American Bankers Insurance Company of Florida, an Assurant company under group or blanket policy(ies). The description herein is a summary and intended for informational purposes only and does not include all terms, conditions and exclusions of the policies described. Coverage may not be available in all locations. Review the Summary of Benefits.
2. If you purchased another qualifying McAfee identity protection subscription, the expense reimbursement insurance benefit for members is underwritten by certain Underwriters at Lloyd’s, under a master group policy issued in the name of Cyberscout Limited, Sontiq Inc. and all subsidiaries for the benefit of members. For customers with insurance coverage of $2,000,000, a summary of terms of coverage is available for review here. For customers with insurance coverage of $1,000,000, a summary of terms of coverage is available for review here. You can confirm the amount of your coverage within your McAfee product. The complete policy is available from Sontiq on request. Claims will be reviewed by the insurer in accordance with the terms and conditions of the master group policy. Restoration services are provided by Sontiq, Inc. Coverage is not available in New York and may not be available in other jurisdictions. (*In the event you have questions about the availability of your identity theft coverage with stolen funds reimbursement, please login to your subscription and contact McAfee Support.)
If you have purchased a qualifying McAfee subscription that entitles you to identity theft coverage, you agree:
Last Updated: July 5, 2023
Welcome to the McAfee Secure Home Platform! These Terms of Service (“Terms”) affect your legal rights, so please read them carefully. These Terms apply to your access and use of a home wireless network (the “Home Network”) that is protected by McAfee Secure Home Platform (“Platform”). If you will be managing the settings of the Home Network through the Secure Home Platform mobile application (the “App”), then these Terms also apply to you (“Home Network Administrator”) and your use of the App. You may access the Home Network from your personal computer, tablet, mobile device or other Internet-capable device (“your Device”). In order to access and use the Home Network and/or the App, you must agree to these Terms. The Platform and the App are provided by the applicable McAfee legal entity identified in Section 17 (collectively, “McAfee”, “we”, “us”, or “our”).
By clicking “I accept”, or by accessing or using the Home Network and/or the App, you agree to be bound by these Terms and all terms incorporated by reference. We have included links to additional terms, such as our Privacy Notice which are important and together create this legal agreement that applies to you. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 12, you may not access or use the Home Network or the App.
McAfee reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by providing notice through the Home Network or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Home Network and/or App, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Home Network and/or App. If you do not agree to the revised Terms, you may not access or use the Home Network and/or App.
1. SHARING OF DATA
You acknowledge that the Home Network Administrator may receive information about your use of the Home Network, including without limitation, your name, the type of Device you have, and the sites that you visit (for example, the Home Network Administrator may receive a notification if you visit a website that has parental control restrictions enabled). If you do not wish for the Home Network Administrator to receive this information, do not use the Home Network.
Our Privacy Notice is incorporated by reference into these Terms, and you understand that you are agreeing to the terms therein by accessing or using the Home Network and/or App. Please review the Privacy Notice for additional information about how we collect, use, and disclose information about you. The Privacy Notice applies solely to our use of information about you. You acknowledge that the policy does not govern the Home Network Administrator’s use of any information about you that the Home Network Administrator receives, or any use of your information by any Internet Service Provider or other third party.
3. ADDITIONAL PROVISIONS REGARDING THE APP
Use of the App is permitted only by the Home Network Administrator. If you are not the Home Network Administrator, you have no right to use the App. If you are the Home Network Administrator, in order to use the App, you will need to register for a Platform user account (“Account”) through the App. By creating an Account, you agree to (i) provide accurate, current and complete Account information, (ii) maintain and promptly update, as necessary, your Account information, and (iii) maintain the security of your Account credentials. You agree that we can rely on the instructions of the person that establishes the Account related to your Home Network. You are not permitted to let other individuals use your Account credentials. You understand that letting another individual control the Home Network through your Account may result in changes to your Platform configurations and permissions. You acknowledge that McAfee has no responsibility to you with respect to the actions of such parties. As such, you are solely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account.
4. UNLAWFUL AND PROHIBITED USE
As a specific condition of your access to the Home Network, you explicitly agree not to use the Home Network for any purpose that is unlawful or prohibited by these Terms. You agree: (i) not to violate any applicable law, contract, intellectual property or other third-party right or commit a tort; (ii) not to engage in any harassing, threatening, intimidating, predatory or stalking conduct; not to use the Home Network in any way that could damage, disable, overburden, or impair the Home Network, or interfere with anyone else's use of the Home Network, (iii) not to attempt to gain unauthorized access to the Platform or the App, through hacking, password mining or any other means, (iv) not to attempt to reverse engineer any portion of the Platform or the App, or attempt to infringe the intellectual property rights of others in any way, (v) not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Home Network or App, (vi) to act responsibly and not use the Home Network or App for any fraudulent, unlawful, harassing, abusive, illegal, or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms. You further acknowledge and agree that a violation of these Terms may result in a denial of access to the Home Network and App without notice and may subject you to administrative penalty and/or criminal liability.
Additionally, if you are a Home Network Administrator, you agree that you will not permit anyone else to access or use your Account.
5. SECURITY WARNING
Wireless communications, including those sent over the Home Network, are not secure communications. McAfee is not responsible for the privacy of activity using the Home Network. For security purposes, activity on the Home Network may be monitored, but there is no obligation on McAfee to do so or to take any action even if it does.
6. AVAILABILITY OF THE PLATFORM; AUTOMATIC UPDATES
Availability of the Platform. While we aim for the Platform to be highly reliable and available, you acknowledge that it may not be available 100% of the time. The Platform is subject to sporadic interruptions and failures for a variety of reasons beyond our control, including router failure, Wi-Fi intermittency, service provider or your mobile carrier uptime, viruses, bugs or other issues present in your router equipment, computer or other devices connected to your Home Network, and your App configurations, among others. You acknowledge these limitations and agree that McAfee is not responsible for any damages allegedly caused by the failure or delay of the Platform. Additionally, you are solely responsible for any fees charged directly by such third parties in connection with your use of the Platform and for your compliance with all applicable agreements and policies provided by such third parties.
Automatic Updates. We may from time to time develop updates, patches, bug fixes, and other modifications to the Software (“Updates”) at no cost to you. Updates may be automatically installed without providing any additional notice or receiving any additional consent from you. By accessing or using the Software, you consent to automatic Updates. You further acknowledge that you may be required to install Updates to use the Software, and to promptly install any Update we provide.
7. PROPRIETARY RIGHTS
McAfee Property. You acknowledge that all of the intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets in the Platform and the App (and in the underlying technology) are owned by McAfee, its affiliates or its licensors. All rights not expressly licensed are reserved.
Feedback. You may choose to, or we may invite you to submit, comments, ideas, suggestions, or concerns about the Platform and the App (collectively, “Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction, and will not place McAfee under any fiduciary or other obligation. You acknowledge that McAfee may use, copy, modify, publish, or redistribute your submissions for any purpose without any compensation to you. You further agree that McAfee does not waive any rights to use similar or related ideas previously known to McAfee, whether developed by its employees or obtained from other sources.
8. LIMITED LICENSE
We are pleased to grant you a nonexclusive, revocable, non-assignable, non-sublicensable, limited license to use the Platform and the App for personal use only and in accordance with these Terms and all applicable laws and regulations. The Platform is intended to be used only on the router on which it is pre-installed, and the App is intended to be used only on a supported mobile device owned by you. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, copyright, trademark, or other proprietary right of McAfee or any third party, whether by estoppel, implication or otherwise. This license is nontransferable and is revocable by us in the event you violate this Agreement. Upon any termination of this license, you must immediately cease all use of the Platform and App.
9. LIMITED WARRANTY; DISCLAIMERS
Except for the limited warranty below, McAfee disclaims any and all other warranties, and any and all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions on or from the Home Network or App, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links on the Home Network or App, including but not limited to any errors in or omissions contained therein, (c) the unavailability of the Home Network or App, (d) your use of the Home Network or App, (e) your use of any equipment or software in connection with the Home Network or App, or (f) information you might access or encounter or any activity that results from your access, encounter or activity on the internet.
Any dealings with any third parties (including advertisers and/or sponsors) appearing on the Home Network, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and those third parties. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. McAfee does not assume any responsibility or liability for the actions, products, or website contents of any third parties. You should carefully review their privacy statements and other conditions of use.
The Platform, Home Network, and App are provided on an “as is” and “as available” basis without warranties of any kind. McAfee makes no warranties or representations, and expressly disclaims any and all warranties, including but not limited to the implied warranties of design, merchantability, fitness for a particular purpose, and title, any warranties arising from a course of dealing, usage, or trade practice, and any warranties of non-infringement of any third party's patent(s), trade secret(s), copyright(s) or other intellectual property rights. McAfee will not be liable for any damages (including direct, indirect, incidental, consequential, special or punitive). McAfee does not warrant that the operation of the Home Network or App will be uninterrupted or error-free. No oral or written information given by McAfee or an authorized representative of McAfee shall create any warranty.
In addition, McAfee does not represent or warrant that the Platform, Home Network, and App are accurate, complete, reliable, current or error-free, or that the content or websites that you or users of your Home Network request, receive, or visit will be safe, legal, acceptable, or appropriate for a particular age. You acknowledge that any age-based filtering based on your App configurations may not be 100% accurate, and that McAfee is not responsible in the event that certain content on your Home Network is not appropriately filtered according to your configurations. While McAfee attempts to make your access to and use of the Platform, Home Network, and App safe, we cannot and do not represent or warrant that the Platform, Home Network, or App, or our servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Platform, Home Network, and App.
You acknowledge that some security breaches involve attacks on data. For example, there are viruses and other malware that: (i) delete or destroy your data (sometimes individual files, but sometimes even an entire disk by corrupting a master boot record or other key element); (ii) modify your files (such as parasitic malware that attaches itself to a file and modifies the file to enable its own execution and/or propagation); and (iii) encrypt files on your drive (such as ransomware that uses asymmetric encryption). The best way for you to protect yourself from these types of attacks is frequent back-ups of your data to another device/location. That way, you have another copy of the data in the event that the attacking software has deleted, modified, or destroyed the data. It is your sole and exclusive responsibility to back-up all data and files on your device so that they can be restored in the event of an attack on your data. Without such a back-up, it may not be possible to restore the deleted/destroyed/modified data. McAfee is not liable for loss of or recovery of data, or for files or loss of use of systems or networks arising from attacks on data.
Limited Warranty. We warrant that the Platform will perform substantially in accordance with the product description provided at McAfee.com. If you are dissatisfied with any portion of the Platform or the App, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Home Network.
10. LIMITATION OF LIABILITY
Under no circumstances are we or our suppliers, licensors or other third-party service providers liable to you for any: (a) indirect, special, incidental, or consequential damages; (b) theft of personally identifiable information or cost of procuring substitute services, and (c) damages for loss of profits, loss of goodwill, loss of personnel salaries, work stoppage, computer failure or malfunction, loss of data, or negligence of any kind, or for any other nondirect damage or loss. In no event will our, our affiliates’ or our suppliers’, licensors’ or other third-party service providers’ aggregate liability to you for direct damages under these terms exceed the greater of (i) the price you paid for the Platform service, or (ii) if you have not paid McAfee for the use of any services, $100.00 USD (one-hundred U.S. dollars). Nothing in these Terms limits any rights you may have under existing consumer-protection statutes or other applicable laws that may not be waived by contract in your jurisdiction.
11. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold McAfee and its past, present, and future employees, officers, directors, contractors, equity holders, parent companies, subsidiaries, affiliates, licensors and suppliers (collectively, the “McAfee Parties”) harmless from any damages, liabilities, claims, demands, awards, judgments, losses, fees, expenses, and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or in equity, whether in tort, contract, or otherwise (collectively, “Claims”) made by any third party due to or arising out of (i) any misuse by you or anyone you authorize to use the Home Network, your Account, or the App; (ii) your violation of these Terms or any other applicable terms, policies, warnings, or instructions provided by McAfee or a third party in relation to the Home Network or App; (iii) any Feedback you provide; or (iv) your violation of any law or the rights of a third party. You agree to promptly notify McAfee of any third party Claims, cooperate with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that McAfee Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and McAfee.
12. BINDING ARBITRATION AND CLASS ACTION WAIVER
Agreement to Arbitrate Disputes. Any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy (“Claim”) by either you or us against the other arising from, relating to or in any way concerning the Terms, the Home Network, the App, or any other services you receive from us (or from any advertising for any such products or services) shall, at the demand of either party, be resolved by confidential binding arbitration. This agreement to arbitrate also includes: (i) claims relating to the enforceability or interpretation of any of these arbitration provisions; (ii) Claims by you, and also Claims made on your behalf or connected to you, such as an employee, representative, agent, predecessor, successor, heir, assignee, or trustee in bankruptcy; (iii) Claims that relate directly to us, and/or to our parent, affiliates, successors, assignees, employees, and agents; and (iv) Claims asserted as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis. You and we agree that no class action, consolidated action, private attorney general or other representative claims may be pursued in arbitration, nor may such actions be pursued in court. By accepting this arbitration agreement, you agree to waive the right to initiate or participate in a class action, representative action, private attorney general action or consolidated arbitration in any matter encompassed by this arbitration provision.
Notice of Dispute. The party seeking arbitration must first notify the other party of the dispute in writing at least 60 days in advance of initiating arbitration. Notice should be sent to McAfee, 5000 Headquarters Drive, Plano, TX 75024, Attention: Legal Department. The notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested. You and McAfee will attempt to resolve any dispute through informal negotiation within 60 days from the date of the Notice of Dispute is sent. After 60 days, you or we may commence arbitration.
Administration of Arbitration. If any dispute is not resolved by informal negotiation, any claim, dispute, or controversy will be, at the demand of either party, conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”), and not state law. You are giving up the right to litigate (or participate as a party or class member in) all disputes in court before a judge or jury. Instead, all disputes will be resolved on an individual basis before a single, neutral arbitrator and the proceeding shall be confidential. The arbitrator will be either a lawyer admitted to practice law in his or her jurisdiction and with at least ten years’ experience, or a retired or former judge selected in accordance with the rules of the AAA. The arbitrator is bound by the terms of this Agreement, and the arbitration shall be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (the “Arbitration Rules”). For more information, see adr.org or call 1-800-778-7879.
All arbitration proceedings shall be conducted in English, and the United States FAA shall govern the interpretation, enforcement, and proceedings pursuant to the binding arbitration clause in these Terms. The award shall be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law. You and we further agree that a judgment may be entered upon the award by any court having jurisdiction. The arbitration award shall determine the rights and obligations between the named parties only, and only in respect of the claims in arbitration, and shall not have any bearing on the rights and obligations of any other dispute.
Costs. The party initiating the arbitration shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse your filing fee. We will pay the fees and costs for the first day of any hearing. All other fees and costs will be allocated in accordance with the arbitration rules. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or if you ask us and we determine there is a good reason for doing so. Each party shall bear the expense of their respective attorneys, experts, witnesses, and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
Right to Resort to Provisional Remedies Preserved. Nothing herein shall be deemed to limit or constrain our right to resort to self-help remedies or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies.
Conflicting Terms. In the event of a conflict between the Arbitration Rules and this arbitration agreement, this arbitration agreement shall govern. If any portion of this arbitration agreement is deemed invalid or unenforceable, it shall not invalidate the other provisions of the arbitration agreement, provided, however, that (a) if the prohibition on classwide arbitration is deemed invalid, then this entire arbitration agreement shall be null and void; and (b) if the prohibition on arbitration of representative claims brought in a private attorney general capacity is deemed invalid, then the arbitration agreement shall be null and void as to such claims only. This arbitration agreement shall survive the termination or cancellation of these Terms. In the event of a conflict between this arbitration agreement and any other applicable arbitration provision, this arbitration agreement shall control.
Waiver of Jury Trial. If for any reason a claim proceeds in court rather than through arbitration, you and McAfee agree that there will not be a jury trial. You and McAfee unconditionally waive any right to trial by jury in any dispute that in any way relates to or arises out of these Terms or from any services you receive from us (or from any advertising for any such services). In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.
13. GOVERNING LAW
Except as provided in Section 18 below, these Terms, your access to and use of the Home Network, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Terms, including any disputes between you and McAfee, will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law principles, except that the FAA governs all provisions relating to arbitration. If for any reason, the laws of the State of New York are found not to apply, then these Terms, the use of the Platform, the relationship of the parties, and any disputes arising out of, concerning, or relating to these Terms, including any disputes between you and McAfee, will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law principles, except that the FAA governs all provisions relating to arbitration. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to the Home Network.
14. TERMINATION
These Terms will remain in full force and effect so long as you continue to access or use the Home Network and/or App, or until terminated in accordance with the provisions of these Terms. At any time, McAfee may (i) suspend or terminate your rights to access or use the Home Network and/or App, or (ii) terminate these Terms with respect to you if McAfee in good faith believes that you have used the Home Network or App in violation of these Terms, including any incorporated guidelines, terms or rules. Upon termination of these Terms, your right to use the Home Network and App will automatically terminate.
15. SEVERABILITY
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
16. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and McAfee relating to your access to and use of the Home Network and, if you are the Home Network Administrator, your access to and use of the App. The failure of McAfee to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
17. LICENSING ENTITIES
The Platform is licensed to you by one of these legal entities:
(a) McAfee, LLC., a Delaware corporation, with offices located at 6220 America Center Drive, San Jose, California 95002, USA, if the Platform is used in North America, Central America, South America, or the Caribbean;
(b) McAfee Ireland Limited, with offices located at Building 2000 City Gate, Mahon, Cork, Ireland if the Platform is used in Europe, the Middle East, Africa, Asia, or the Pacific Rim; or
(c) McAfee Co., Ltd. with offices located at Shibuya Mark City West Building 12-1, Dougenzaka 1-Chome, Shibuya-ku, Tokyo 150-0043, Japan, if the Platform is used in Japan.
18. LOCAL LAW
The subsections below contain information regarding the local laws of certain jurisdictions that will apply to this Agreement and may supersede certain provisions as referenced herein.
Australia – For consumers in Australia:
The benefits to you under the limited warranty in Section 9 of this Agreement are in addition to other rights and remedies of you may have under a law in relation to the goods or services to which the warranty relates. Our goods come with guarantees that cannot be excluded under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. This warranty is made by McAfee Ireland Limited, with offices located at Building 2000 City Gate, Mahon, Cork, Ireland, but you may call 1-800-998-887 with questions regarding our warranty for Australian customers. Any claims made under this warranty must be sent, at your expense, to the following address:
McAfee Australia Pty Ltd
Level 20
201 Miller Street
North Sydney NSW 2060
For customers located in Australia, if a tangible medium on which software was delivered is defective, you must return the defective medium to us at your expense, with a copy of your receipt, within 14 days of discovering the defect. We will notify you of receipt within 14 days of receiving it.
The disclaimers in Section 9 do not apply to you to the extent that Australian law does not allow the exclusion or limitation of any applicable statutory guarantees, express or implied warranties, conditions, representations or terms. In that case, the express or implied warranties are limited to the maximum extent permitted by applicable law.
The limitations on liability set forth in Section 10 do not apply to consumers in Australia.
Nothing in this agreement limits any rights you may have under existing consumer-protection statutes or other applicable laws, including Australian consumer law, that may not be waived by contract in your jurisdiction.
Canada – If you downloaded the App in Canada, unless expressly prohibited by local law, then these Terms, the use of the Home Network and App, the relationship of the parties, and any disputes arising out of, concerning, or relating to these Terms, including any disputes between you and us, will be governed by and construed in accordance with the laws in force in the Province of Ontario, Canada.
European Union, Iceland, Norway, or Switzerland – If you acquired the App in the European Union, Iceland, Norway, or Switzerland, then national law of the country where you downloaded the App applies.
Japan – If you downloaded the App in Japan, then these Terms, the use of the Home Network and App, the relationship of the parties, and any disputes arising out of, concerning, or relating to these Terms, including any disputes between you and us, will be governed by and construed in accordance with Japanese law without regard to its choice-of-law rules.
19. ADDITIONAL TERMS FOR THE APP
NOTICE REGARDING APPLE
Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the App for use on the iPhone, iPod Touch or iPad:
You and McAfee acknowledge that these Terms are solely between you and McAfee, and not with Apple, Inc. ("Apple"), and that McAfee, not Apple, is solely responsible for the Software, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iPhone App Store ("App Store"). You agree to pay all fees charged by the App Store in connection with the App (if any). You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Software ("Apple Usage Rules") as of the date you download the App. In the event of any conflict between the terms and conditions of the Apple Usage Rules and the terms and conditions of these Terms, the terms and conditions of the Apple Usage Rules will govern if they are more restrictive.
Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod Touch or iPad that you own or control as permitted by the Apple Usage Rules.
Maintenance and Support. McAfee is solely responsible for providing maintenance and support services with respect to the App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of McAfee. However, you understand and agree that, in accordance with these Terms, McAfee has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App, except those implied by law.
Product Claims. You and McAfee acknowledge and agree that as between Apple and McAfee, McAfee, not Apple, is responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You and McAfee acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, McAfee, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Any end-user questions, complaints or claims with respect to the App should be directed to: http://service.mcafee.com
Third Party Beneficiary. The parties acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of these Terms against you as a third party beneficiary thereof. However, the right of McAfee to terminate, rescind, or make any change to these Terms is not subject to the consent of any other person.
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