KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** do you need customer consent for tech phone access - ADT issue June 19, 2021 ***************************** do you need customer consent for tech phone access - ADT issue ***************************** Ken Do you have a contract that states that the customer is in agreement with our employees having access on their phones to customer's security systems, for the purpose of service? Do you know if we need to have customers sign on it, or it's self understood that employees have access to customers' systems? Thank you Perry **************************** Response **************************** A question no doubt inspired by ADT's ex-employee who is likely on his way to serving his 52 month incarceration for helping himself to video access to customer cameras. There is no consent provision in the Residential All in One or any other All in One. I'm not sure what consent you'd be looking for; perhaps consent that a tech can look in on the cameras whenever he wants to? It's easy to add a provision for such consent, but so far no one has asked for it and I just don't see that it's necessary or appropriate. You, and by extension, your employees may have access to customer computers and data, and the Standard Form Agreements do provide for remote access for proper purposes. Proper purposes would be for signal verification or repairs or testing. I don't think it appropriate to provide that employees have access and may abuse the privilege. I may as well give you contractual consent to rob your customers. I think there are certain issues and performance levels that are expected from alarm companies. Alarm contracts have enough "protective" provisions without going overboard with customer consent for every abuse by employees that can be imagined. ************************** To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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