KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on techs having access to customer cameras  / Do you need waiver for customer equipment
May 15, 2021
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Comment on techs having access to customer cameras from article on May 6, 2021
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Ken
          Just asking, but why would the installing company not assign company cell phones rather than allow the tech to use their own as it sounds like in the article?   
          Is it a money issue for the alarm company? 
          Is it less hassle to have then use their own? 
          Don’t be cheap.  Don’t be slovenly.  Be a good businessman!  Step up guys.  
          If they assigned each tech a company phone, the private data from customers would stay with company after the tech leaves.  Let alone the non-existent controls for security requiring a password, spam and all the other wormholes a tech can get into with customer’s personal information on their own, less than up to date cell phone that they can download all sorts of problems with...  
    Just sayin.... 
Yours for better security,
Steve 
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Response
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          Good advice.
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another tech access to camera question
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Ken,
         
Do we need to address if techs have access to video? Please note - there are no interior residential cameras.
Eric
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Response
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        That's a wide open question and the answer is yes, you do need to be mindful that your techs and perhaps others in your employ have access to your subscriber's data and systems.  The opportunity for abuse, illegal conduct, is possible.  You guard against it by complying with any licensing requirements in your state relating to hiring employees, by adopting business practices that alert your subscribers to possible abuse and by adopting good business practices to train and monitor your employees.  You cannot knowingly employ any employee you believe is not trustworthy and all that that means when engaging in the security industry.
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Do you need waiver for customer equipment
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Ken
          Most of our services we supply equipment along with a 1 year installation warranty. I'm in search of a waiver that will waive our 1 year warranty if the client purchases/supplies their own material and does not use ours.
Tori
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Response
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          What you need is to use the All in One agreement [it comes in several forms for specific subscriber use: residential; commercial security; commercial fire; commercial fire protection].  The All in One is clear enough that you are responsible only for the equipment you install or the system you agree to be responsible for, and you would identify that system or equipment in the Schedule of Equipment and Services.
          You do not need a separate waiver unless I am missing something.
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To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick here:  www.alarmcontracts.com
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com