Terms and conditions, and privacy policy

Terms and conditions, and privacy policy for Tommy's My Premature Baby app

TERMS AND CONDITIONS, AND PRIVACY POLICY

 

PART 1: PRIVACY POLICY

1.WHO ARE WE?

Tommy’s is a charity that aims to save babies’ lives by reducing the number of miscarriages, stillbirths and premature births. Our registered charity number is 1060508 and SC039280. Our registered office is at Nicholas House, 3 Laurence Pountney Hill, London EC4R 0BB.

We are the "data controller" for the purposes of the Data Protection Act 1998 (the "Act"). We have notified the Information Commissioner's Officer of our processing activities. Tommy's ICO registration number is ZA012394.  [Tommy's has appointed the Finance Director as Data Protection Officer who is responsible for endeavouring to ensure that all personal  data is processed in compliance with this  Privacy Policy and in accordance with the Act.]

This document tells you how we may collect and use the information you provide through the My Premature Baby App. Please read the following carefully to understand how we will treat your personal data. This Privacy Policy applies in addition to our App Terms & Conditions which are in Part 2 of this document and any other information we may provide about a particular use of personal data.

2.                       INFORMATION WE MAY COLLECT FROM YOU

We may collect and process information that you provide in the App. It is completely up to you whether you provide information to us, but not providing this information may affect your use of the App and your ability to receive services from us. The information collected and processed may contain "sensitive personal data", which includes information about an individual's physical or mental health, race or ethnic origin, political or religious beliefs, sex life, or criminal records and proceedings. Sensitive personal data is entitled to special protection under the Act and will only be processed by us with your explicit consent, or as otherwise permitted by the Act.

The information which is collected and processed by us includes information you provide when you set up your profile and your baby’s profile, register to use the App, post material, request further services or otherwise use the App, such as:

•                         identification information, such as your name, email address, date of birth and so on. This information will not be used by us in connection with your personal notes and photos. This information may be used to tailor our communications to you;

•                         information about your family, whether you are having/had a multiple birth (eg twins), your relationship status, whether this is your first baby, whether you are breastfeeding, and so on;

•                         information about your baby, such as their name, gender, photos, weight, birth date, length etc. Where you upload such information, you confirm that you are consenting on your baby’s behalf to such sharing, or have obtained the necessary consent from their parent/legal guardian;

•                         material generated as you complete the diary section of the baby’s profile. This will be stored securely by Tommy’s but will only ever be accessed by us with your express permission;

•                         information requested in in-App searches. This will only be used for research purposes to make the App better and will not be attached to information that might identify you; and

•                         information about your location, which may include general location information (eg your post code) and more specific information based on the specific location of your device (eg GPS-based functionality). We may use this information to provide you with location based services, such as the Finding Friends section, if you have consented to this. If you wish to use a feature which requires personal data relating to your location, we will ask for you to consent to your data being used for this purpose. Most devices allow you to control or disable your device’s location services in the device’s menu. If you have any questions about how to disable your device’s location services we recommend you contact your mobile service carrier or the manufacturer of your particular device. If you provide us with this information, it will not be used by us in connection with your identification information or personal notes and photos.

We may also collect technical information like your IP address, operating system, information about your device (including its unique identifies, browser type, network and telephone number) and information about your usage of the App. This is statistical data so that we can look at how you use the App and how we can make it better, and which allows us to carry out statistical research to analyse information to identify trends or patterns to help us improve services for families and babies.

If you contact us, we may keep a record of that correspondence.

The App uses cookies. A cookie is a small file of letters and numbers that we put on your device if you agree. These cookies allow us to distinguish you from other users of the App, which helps us to provide you with a good experience when you browse the App and also allows us to improve the App.

 

The cookies we use are "analytical" cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the App when they are using it. This helps us to improve the way the App works, for example by ensuring that users are finding what they are looking for easily.

 

Cookies used

PHPSESSID: used for storing the login session for a maximum of 2 weeks: used for Google Analytics. Tracks users usage of the app, firstTime: tracks if the user has been on the app before to know if you should send them to the welcome screen.

 

Application cache (offline cache): Every site asset that is not dynamic will be downloaded to the person’s device so that they can be used offline

 

Offline Storage Objects (offlineDB): used to store data that is posted offline and tracks the current login session

 

org.cubiq.addtohome: used for the ‘Add to homescreen’ plugin to track if the person has seen this dialogue.

 

3.                       WHAT WE MIGHT DO WITH THAT INFORMATION

The App collects personal data to allow you to create a personal diary recording day to day life with your baby and recording your baby’s development. Data collected through the app (but not content posted in the diary parts of the profiles) may be used for research purposes to study overall trends and patterns across all users in a way that does not directly identify you.

By signing up to the app, and thereby checking ‘agree’ to our Terms and Conditions and this Privacy Policy, you are allowing us to have access to your name, email address, postcode and to send newsletters and other information/content to you. You can unsubscribe from emails at any point by clicking the ‘unsubscribe’ link that will be at the end of every email.

Communications from Tommy’s may be personalised to you according to information you have entered into the App, but data used for this purpose will not be connected with detailed usage data or personal notes and photos.

We may use information held about you and your baby for a number of purposes as part of the operation of the App, including in the following ways:

•                         to carry out our obligations arising from any contracts entered into between you and us and to provide you the service of the App;

•                         to back-up your information online;

•                         to ensure that content from our site is presented in the most effective manner for you;

•                         to provide you with information, or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;

•                         to carry out statistical research to analyse information to identify trends or patterns to help us improve services;

•                         to allow you to participate in interactive features of our service, when you choose to do so;

•                         to monitor (as appropriate) use of the App in accordance with the App's Terms & Conditions; 

•                         for regulatory and legal purposes (for example child protection and health and safety, and to  comply with our legal obligations);

•                         to notify you about changes to our service; and

•                         where otherwise reasonably necessary for Tommy's purposes, including to deliver our charitable objectives and to obtain professional advice for the charity.

4.                       WHERE WE STORE YOUR INFORMATION

All information you provide to us is stored on secure servers. If you register a user name and password, you must treat such information as confidential. You must not disclose it to any third party.

Unfortunately, sending information via the internet is not completely secure. Although we will take appropriate technical and organisational steps to ensure the security of personal data about individuals, we cannot guarantee the security of data transmitted to our server; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. We will notify you as soon as possible if we have reason to believe that there are any security breaches affecting your personal data. We do not accept liability for any unintentional disclosure that occurs due to a security breach of our systems or facilities.

You have the ability to delete your profile from the app. If you do this, all your personal information will be deleted from our systems, except if you have agreed to being contacted. If you have agreed to being contacted we will still have your email address and you will be able to unsubscribe by clicking on the link that will be at the bottom of all emails we send.

5.                        DISCLOSURE OF YOUR INFORMATION

We may perform or procure third parties to perform research to analyse users' information to identify trends or patterns to help us improve services for parents-to-be and parents. We will only give third party researchers anonymised data which means we won't give them anything that identifies individual users and we won't give anyone any information you write in the diary section of your profile.

Other than the uses of anonymised information described above, we will not disclose your information to third parties other than in the following circumstances:

•                         in the event of a merger or reorganisation in which case we may disclose your personal data to a third party as part of such merger or reorganisation; or

•                         if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and other agreements.

6.                       YOUR RIGHTS

We will not use or share your personal data in ways unrelated to the ones described in this Privacy Policy above without first notifying you and offering a choice, or if required by applicable law, seeking your consent.

You may have consented to us using your information to send you information which we think is of interest to you, for example about promotions and offers, fundraising initiatives or other aspects of our charity's activities. You have the right to ask us to stop sending you these communications. You can exercise this right at any time by contacting us at info@tommys.org.

The App may contain links to and from websites of third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

7.                       WHOSE RIGHTS

The rights under the Act are the individual's to whom the data relates. Tommy's will however in most cases rely on parental consent to process personal data relating to babies (where consent is required under the Act).

8.                       ACCESS TO PERSONAL DATA ("SUBJECT ACCESS REQUEST")

The Act gives you the right to access personal data held about you. Your right of access can be exercised in accordance with the Act and subject to certain exemptions and limitations set out in the Act. Any access request may be subject to a fee of up to £10 and any person wishing to access their personal data should put their request in writing to Amy Thomas, Tommy’s, 3 Laurence Pountney Hill, London EC4R 0BB.

9.                       CHANGES TO OUR PRIVACY POLICY

We may at our discretion amend this Privacy Policy from time to time. Please check here regularly to ensure you understand the version of our Privacy Policy which will apply at that time.  

If at any point you do not agree to any portion of the then-current version of the Privacy Policy you must immediately stop using the App.  

10.                    CONTACT

Questions, comments and complaints should be directed to info@tommys.org.

 

PART II: TERMS AND CONDITIONS

This page ([together with any other terms referred to in it,] including our Privacy Policy) tell you about us and the legal terms and conditions ("Terms") on which you can access and use the My Premature Baby web application (the "App").

Please read these Terms carefully before you start to use the App, as these will apply to your use of the App.

By using the App, you confirm that you accept that these Terms apply to your use of the App and you agree to comply with them. These Terms will apply to any use of the App (whether as a guest or a registered user), including (without limitation) accessing, browsing, or registering to use the App. You cannot use the App if you don't agree to these Terms.

We may at our discretion amend these Terms from time to time. Please check these Terms regularly to ensure you understand the terms which will apply at that time. You should print a copy of these Terms or save them to your computer for future reference. We will assume you accept such changes if you continue to use the App. To the extent the Terms conflict with any other terms, policy or rules of Tommy’s, the terms contained in these Terms shall govern.

11.                    INFORMATION ABOUT US

The web application available at https://prematurityapp.org is owned by Tommy's (referred to in these Terms as "our", "us" or "we"), a company limited by guarantee and charity registered with registered numbers 1060508 and SCO39280 with our registered office at Nicholas House, 3 Laurence Pountney Hill, London EC4R 0BB.

12.                    HEALTH INFORMATION

You shouldn't rely on information contained in the App – if in doubt, speak to your doctor or midwife.

Tommy’s has ensured that the health information in the App has been checked by experts and to the best of our knowledge the information was accurate at the review date published on the top of each page. We have taken reasonable efforts to make sure that the information in the App is accurate and appropriate in line with current UK practices. However, Tommy’s cannot guarantee this and you should not rely purely on information in the App as we will not have had a chance to examine you or your baby and therefore can’t make a full assessment of your particular case and circumstances. Information from Tommy’s should not replace the advice of your GP or other healthcare professional.

Whilst we do not seek to exclude our liability if our negligence causes physical harm (or any other liability which cannot be excluded by law), we will not otherwise be responsible for any claims arising out of any information on the App or advice we give or action we take. If you rely on any of the information in this App you do so solely at your own risk. We accept no responsibility for any errors, omissions or misleading statements.

As we have committed through our membership of the NHS England Information Standard scheme we will update the health information on the App every three years, however we cannot promise that the information contained in the App will always include the most recent findings or developments or that the information will be accurate, complete or up-to-date. Developments in medical research may impact the health, fitness and nutritional advice contained in the App. We do not recommend or endorse any specific tests, doctors, clinics, procedures, opinions, products or treatments that may appear within the App or are linked to by the App.

13.                    CHANGES TO THE APP

Tommy’s reserves the right to update, add, change, suspend, discontinue or withdraw the App from time to time, or any aspect or feature of the App, without notice or liability.

14.                    ACCESSING THE APP, YOUR ACCOUNT AND PASSWORD

The App is free and can be downloaded on to your device.

We do not guarantee that our App, or any content on it, will be free from errors or omissions. We do not guarantee that the App will always be available or be uninterrupted. We will not be liable to you if for any reason the App is unavailable at any time or for any period.

You are responsible for ensuring that all persons who access the App on your mobile device are aware of these Terms and that they comply with them, although they will have to agree themselves to comply with these Terms when they register. If you use the Invite Partner feature to invite a partner, friend or relative to register to access your account, you agree that they can view, edit and delete content in the "baby profile" and "find friends" features, including editing and adding diary posts. Do not share your account if you do not agree to this. You may revoke their access to your account at any time by clicking the ‘remove partner’ button, but please note that this will not remove any of the data that they have already added to (or removed from) the App.

You can uninstall the App at any time by using the standard uninstall process available on your device, or via the applicable marketplace or network.

If you register a user name and password, you must treat such information as confidential. You must not disclose it to any third party.

If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at by telephoning our customer service team at 020 7398 3400 or by emailing us at info@tommys.org.uk.

15.                    CONTENT GENERATED BY YOU

Whenever you make use of a feature that allows you to upload content to the App (e.g. adding details to your Baby's Profile or posting diary entries), or to make contact with other users of the App via the Friend Finder feature, you must comply with the content standards set out in clause 8 of these Terms. These features of the App are provided for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the App in a manner which is inconsistent with those stated purposes is strictly prohibited.

Any content you upload to the diary feature within the profiles section of the App will be considered confidential to you, unless you choose to share it or invite others the right to access your profile via the Invite Partner feature. By uploading any content you grant us the right and licence to use, copy, distribute and disclose it so we can make the App function and also in accordance with our legal and charitable obligations. We will normally do this on an anonymous basis, so that you cannot be identified’

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the App constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of the App. We have the right to remove any posting you make on the App if, in our opinion, your post does not comply with the content standards set out in clause 8 of these Terms. The views expressed by other users on the App do not necessary represent our views or values.

It is our policy not to view, edit or pre-screen any contribution that you or anyone else make to any part of the App where users may post content. Therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that we are responsible for having made it available on the App.

We reserve the right at our sole discretion to refuse or remove any content that is posted to, or available on, the App without the need to give any reasons for doing so (but we do not assume any obligation to do so).

16.                    COPYRIGHT AND TRADE MARKS

We are the owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

[As a visitor to the App, you may download a single copy of the content on it to a single computer or other device for your own private purposes only and print a single copy of the same for the sole purpose of retaining a copy for your own personal records only.

Nothing in these Terms shall be construed as conferring any wider licence to use or reproduce any content included on the App. Without limitation to the above, you agree that you must not:

  • modify the paper or digital copies of any materials you have printed off or downloaded in any way;
  • use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
  • copy or distribute any material for any commercial or business purpose.

In the event of any use of material in breach of these Terms, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No use of our name, logos and/or other trademarks (whether registered or unregistered) may be made by you without separate express written agreement being given by us, which shall be at our sole discretion.]

17.                    LINKS TO OTHER WEBSITES

On the App you may be offered links to other websites. While we hope you will be interested in those websites, you acknowledge that the content on those pages is not subject to our control, their owners may be independent from us and we do not endorse or accept any responsibility for their content. We will not be liable for any loss or damage that may arise from your use of them.

18.                    WHAT YOU CAN'T DO

You agree not to use the App:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • to misrepresent your identity;
  • to disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes", or any other form of solicitation or for any other commercial purposes (which would include using the App to promote or encourage the sale of your goods/services);
  • to transmit or re-circulate any material obtained from the App to any third party except where expressly permitted on the App;
  • to obtain and/or store personal data derived from the App;
  • to disseminate any material which is abusive, defamatory or obscene, may harass, offend or inconvenience any person, applauds, encourages or entices abuse, discrimination or criminal activity or which might restrict or inhibit the use and enjoyment of the App by any person;
  • in any way that might harm any person or infringe third party privacy or other rights;
  • in any way that might bring us into disrepute; or
  • to post link(s) that take users to material that contravenes any of the restrictions in these Terms.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of our App in contravention of the provisions of our Terms;
  • not to access without authority, interfere with, damage or disrupt any part of the App or any software used in the provision of the App;
  • not to use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer or transfer any version of the App; and
  • not to use any part of the content in the App for commercial purposes without obtaining a licence to do so from us or our licensors.

19.                    SUSPENSION AND TERMINATION

If you breach these Terms, we reserve our rights to take action.

When we decide that you have failed to comply with these Terms we may:

•          immediately, temporarily or permanently take away your right to use and access the App;

•          issue a warning to you;

•          start legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or

•          disclose such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.

20.                    LIABILITY AND LOSSES

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App or any content in it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

•             use of, or inability to use, the App; or

•             use of or reliance on any content displayed on the App.

Please note that the App is intended only for domestic and private use. Accordingly, we will not accept any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

21.                    COMPUTER VIRUSES

We do not promise that the App will be free from bugs or viruses, although we will use reasonable endeavours to ensure that the App does not contain or promulgate any viruses or other malicious code. It is recommended that you should virus check all materials downloaded from the App and regularly check for the presence of viruses and other malicious code. We will not be liable for and exclude to the fullest extent permitted by applicable laws any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App or on any website linked to it.

We assume no responsibility for the content of websites linked to within the App. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

22.                    OTHER IMPORTANT TERMS

Due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the App is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind. We do not accept any liability arising from any interruption in availability.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms and any disputes arising out of them are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any dispute or claim arising under these Terms.

23.                    CONTACT

Please let us know if you have any questions, comments and requests regarding these Terms by emailing info@tommys.org.uk.