Terms of Use for SafeTogether App

 

Android & iOS Mobile Application

 

These Terms of Service (“Terms of Service”) constitute a legally binding agreement between you and SmartAvatar B.V. and its subsidiaries, representatives, affiliates, officers and directors (collectively, “SmartAvatar”) governing your use of SmartAvatar’s personalized, multipurpose App and any related content or services, including mobile and/or web-based applications (“Applications” or the “SmartAvata App,” and the “Services”).

IMPORTANT: PLEASE NOTE THE ARBITRATION AGREEMENT CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH SMARTAVATAR ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS OF SERVICE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Contractual Relationship; Termination; and Modification

In addition to these Terms of Service, your access to, and use of the Services is also governed by the applicable terms found on our website, including without limitation, the Privacy Notice, which describes how we collect, use and disclose your personal information; the Generated Content Terms; Community Guidelines; and SmartAvatar standards and policies (including, without limitation, SmartAvatar’s safety standards, the accessibility policies), as well as the ADT Mobile Security Monitoring Terms, which we refer to collectively as the “Supplemental Terms.”

Collectively, we refer to these Terms of Service and the Supplemental Terms as the “Terms.” These Terms govern your access or use, from within the European Union and United States and its territories and possessions, of the Services made available in the European Union and the United States (the “Territory”). If you use the SmartAvatar App and Services in another country, you agree to be subject to SmartAvatar’s terms of service for that country. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SMARTAVATAR. In these Terms, the words “including” and "include” mean “including, but not limited to.”

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services. These Terms expressly govern the use of the Services in the Territory.

Termination.

SmartAvatar, in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Modification.

SmartAvatar reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms through the Services or SmartAvatar’s website. You should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes.

Privacy Policy

This Application collects some Personal Data from its Users.

 

Policy Summary

Among the types of Personal Data that this Application collects, by itself or through third parties for the following purposes:

·       Advertising: Personal Data: IP address, Cookies, unique device identifiers for advertising (Google Advertiser ID or IDFA, for example) and Usage Data

·       Analytics: Personal Data: IP address, Cookies, unique device identifiers for advertising (Google Advertiser ID or IDFA, for example) and Usage Data

·       Device permissions for Personal Data access: Personal Data: Approximate location permission (continuous) and Precise location permission (continuous).

·       Infrastructure monitoring: Personal Data: IP address, Cookies, unique device identifiers for advertising (Google Advertiser ID or IDFA, for example) and Usage Data

·       Location-based interactions

o   Personal Data: geographic position

Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application. Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service. Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner. Any use of Cookies - or of other tracking tools - by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available. Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner “SmartAvatar”.

SafeTogether Data Privacy Policy for Children Under 13

Introduction

SafeTogether is committed to protecting the privacy of all users, including children under the age of 13. This policy outlines how we collect, use, and protect personal information from children who use our app.

Information We Collect

We collect the following information from children under 13:

  • Name

  • Email address

  • Phone number

  • Location (GPS data)

How We Use Information

We use the information we collect from children under 13 to:

  • Provide the app's core safety features, such as emergency alerts within a geo-fenced area and location tracking.

  • Improve the app's safety and functionality.

  • Comply with applicable laws and regulations.

How We Protect Information

We take the following steps to protect the personal information of children under 13:

  • We use secure servers and encryption to protect data in transit and at rest.

  • We limit access to personal information to authorized employees and contractors.

  • We do not share or sell personal information to third parties.

Parental Controls

We strongly recommend that parents of children under 13 download and install the "Google Family Link" app. Google Family Link allows parents to control the apps on their child's Android device, including SafeTogether. With Family Link, parents can:

  • Approve or block app downloads and purchases

  • Set screen time limits

  • Monitor app usage

  • Manage permissions for individual apps including SafeTogether

  • Locate their child's device

  • Set content filters for websites and apps

Your Rights

Parents or guardians have the following rights regarding their child's personal information:

Contact Us

If you have any questions or concerns about our data privacy policy for children under 13, please contact us at info@safetogether.me

Further information about Personal Data

This Application may track Users by storing a so-called universally unique identifier (or short UUID) for analytics purposes or for storing Users’ preferences. This identifier is generated upon installation of this Application, it persists between Application launches and updates, but it is lost when the User deletes the Application. A reinstall generates a new UUID.

·       European Union: Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area. 

·       Unique device identification: This Application may track Users by storing a unique identifier of their device, for analytics purposes or for storing Users’ preferences.

·      Prohibited Activities and Responsible Use 

o   Harmful Use Prohibition: Users of SafeTogether App are strictly prohibited from engaging in any harmful activities or behaviors while using the App. Harmful activities encompass but are not limited to: 

·      Harassment, bullying, or any form of online abuse directed at other users or individuals. 

·      Transmitting, sharing, or promoting any content that is defamatory, offensive, obscene, illegal, or infringes upon the rights of others, including intellectual property rights. 

·      Engaging in fraudulent activities, such as phishing or identity theft, through the App. 

·      Disrupting or attempting to compromise the functionality, security, or integrity of the App or its users' data. 

·      Violating any applicable laws, regulations, or the terms outlined in this agreement. 

·      Reporting of Harmful Activities: Users are encouraged to report any instances of harmful use or any violations of this clause to SmartAvatar Contact point. We take such reports seriously and will investigate and take appropriate actions as deemed necessary, including the suspension or termination of offending accounts. 

·      Compliance with App Store Policies: Users are required to comply with the terms and conditions of the app distribution platforms, such as the Apple App Store and Google Play Store, when using the App. Violation of these policies may result in the removal of the App from these platforms and further legal consequences. 

·      Disclaimer of Liability: SmartAvatar shall not be liable for any damages, losses, or harm resulting from the misuse of the App by any user. Users are solely responsible for their actions and any consequences arising from those actions. 

·      The App Service is not directed to children under the age of 16: Users declare themselves to be adult according to their applicable legislation. Minors may use this Application only with the assistance of a parent or guardian. Under no circumstance persons under the age of 16 may use this Application.

·       Legal information

This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

This privacy policy relates solely to this Application, if not stated otherwise within this document.

 

Mode and place of processing the Data

Methods of processing

The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT-enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

Legal basis of processing

The Owner may process Personal Data relating to Users if one of the following applies:

  • Users have given their consent for one or more specific purposes. Note: Under some legislations, the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European Union & United States California data protection law;

  • Provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;

  • Processing is necessary for compliance with a legal obligation to which the Owner is subject;

  • Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;

  • Processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract. 

Place

The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.

Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.

Retention time

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

  • Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.

  • Personal Data collected for the purposes of the Owner's legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

The purposes of processing

The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Advertising, Analytics, Commercial affiliation, Device permissions for Personal Data access, Hosting and backend infrastructure, Infrastructure monitoring, Location-based interactions and sending messages. 

The rights of Users

Users may exercise certain rights regarding their Data processed by the Owner.

In particular, Users have the right to do the following:

  • Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.

  • Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent.

  • Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.

  • Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.

  • Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it. 

  • Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.

  • Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.

  • Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

Details about the right to object to processing

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document. 

How to exercise these rights

Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within three months. You can also withdraw your consent to data collection at any time by using the 'Limit Ad Tracking' functionality on your device (iOS: Settings -> General -> Privacy -> Advertising -> Limit Ad-Tracking; Android: Settings -> Google -> Ads -> Opt out of Ads Personalization). You can find information about opting out of ad tracking here. You can also request the information collected about you by contacting the data controller by using the contact form here.

Liability

To the maximum extent permitted by applicable law, in no event shall SmartAvatar or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if SmartAvatar or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

How 'Do Not Track' requests are handled

This Application does not support 'Do Not Track' requests. To determine whether any of the third-party services it uses honor the 'Do Not Track' requests, please read their privacy policies. 

 

Disclaimers; Limitation of Liability; and Indemnity.

·       Disclaimers.

o   THE MOBILE APP AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SMARTAVATAR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SMARTAVATAR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, PHYSICAL AND DIGITAL SAFETY, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE MOBILE APP AND SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

o   SMARTAVATAR DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE MOBILE APP, SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

o   SMARTAVATAR DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY PROVIDERS. THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF SMARTAVATAR. IF A DISPUTE ARISES BETWEEN YOU AND OR ANY OTHER THIRD PARTY, YOU RELEASE SMARTAVATAR FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

o   SMARTAVATAR DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. SMARTAVATAR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

o   SMARTAVATAR’S USE OF ALGORITHMS IN AN ATTEMPT TO PROVIDE SERVICES OR IMPROVE THE EXPERIENCE OF USERS AND THE SECURITY AND SAFETY OF THE SERVICES DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.

 

·       Limitation of Liability

o   SMARTAVATAR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SMARTAVATAR, EVEN IF SMARTAVATAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

o   SMARTAVATAR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:

§  (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR

§  (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF SMARTAVATAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMARTAVATAR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SMARTAVATAR'S REASONABLE CONTROL.

o   YOU AGREE THAT SMARTAVATAR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PHYSICAL SAFETY, CROWD SOURCING SERVICES PROVIDED TO OR NOT PROVIDED TO YOU BY CROWD OR BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

·       Indemnity

o   You agree to indemnify and hold SmartAvatar and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with:

§  (i) your use of the mobile App, services or services or goods obtained through your use of the services;

§  (ii) your breach or violation of any of these Terms;

§  (iii) SmartAvatar's use of your User Content; or

§  (iv) your violation of the rights of any third party, including Third-Party Providers.

 

Contact Information

Owner and Data Controller

SmartAvatar B.V.

Tijnmuiden 59

1046AK, Amsterdam

The Netherlands

Email: info@SmartAvatar.nl