Last updated on: 26/07/2016
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP FROM THE APP STORE.
This end-user licence agreement (“EULA”) is a legal agreement between you (“End-user” or “you”) and 3rd Floor Neighbours Limited (company number 09677126) of c/o HearMeMP, PO BOX 248, Benfleet, SS7 9EJ (“Licensor”, “us” or “we”) for the use of ”HearMeMP” mobile application software (“App”). We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by the relevant appstore provider or operator from whose site, located at https://itunes.apple.com/us/genre/ios/id36?mt=8 or https://itunes.apple.com/us/genre/ios/id36?mt=8 (“Appstore”), you downloaded the App (“Appstore Rules”) from. We do not sell the App to you. We remain the owners of the App at all times.
OPERATING SYSTEM REQUIREMENTS: this app requires an ipad or ipod device with a minimum of 50 megabites worth of memory, active internet access and apple operating system ios 7 as a minimum or for android users, 4.0.3 (Ice Cream Sandwich).
1.2 your political opinions are classed as “sensitive personal data” under the data protection act 1998. As a result, we need your consent to process your sensitive personal data and disclose it to your local MP. Unfortunately, if you do not provide your consent to us processing your sensitive personal data, you will not be able to use the App, because the main purpose of the App is to send your political opinions to your MP.
1.3 by consenting to immediate performance, you acknowledge that you will lose your right to cancel the contract within the cancellation period once you begin to download the App (but this shouldn’t be a problem, because our App is free anyway!)
PLEASE NOTE, YOU WILL NOT BE ABLE TO USE THE APP UNTIL YOU HAVE PROVIDED YOUR CONSENT ABOVE. IF YOU DO NOT AGREE TO THE ABOVE CONSENT CLICK THE [CANCEL BUTTON] NOW.
You should print a copy of this EULA for future reference.
2.1 The terms of this EULA apply to the App or any of the services accessible through the App (including, but not limited to, emailing your local MP on your behalf following your Vote (as defined in clause 5.2) on a particular issue) (“Services”), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
2.2 We may change these terms at any time by sending you an SMS or email with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App and/or Services.
2.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
2.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 3.2 (“Devices”) and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
2.6 By using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
2.7 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
2.8 Certain Services including casting your Vote (as defined in clause 5.2), may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based services. You may withdraw this consent at any time by turning off the location services settings on your Device.
2.9 The App or any Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2.10 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
3. GRANT AND SCOPE OF LICENCE
3.2 You may download a copy of the App onto any number of Devices to view, use and display the App. You must ensure that only you use the App for your personal purposes only.
4. LICENCE RESTRICTIONS
4.1 Except as expressly set out in this EULA or as permitted by any local law, you agree:
4.1.1 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
4.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
4.1.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
4.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving inter-operability of the App with another software program;
(b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(c) is not used to create any software that is substantially similar to the App;
4.1.5 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
4.1.6 to include our copyright notice on all entire and partial copies you make of the App on any medium;
4.1.7 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
4.1.8 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (“Technology”),
together “Licence Restrictions”.
5. VOTING ON AN ISSUE
5.1 You must be 16 or over and a resident in the United Kingdom to download and/or use the App.
5.2 The App allows you to confirm whether you agree or disagree with a particular issue (“Vote”). When you have submitted your Vote an email will automatically be sent to your local MP. You must therefore ensure that every Vote you make reflects your honest opinion, is true, accurate and not misleading.
5.3 You must only submit one Vote on any one issue.
5.4 You must ensure that only you Vote using the App on your Device.
5.5 You consent to your local MP contacting you about your Vote via email or by post.
5.6 If you notice a Vote has been cast that you did not make and/or receive a reply to a Vote you did not make, please let us know as soon as reasonably practicable via email using the following address: firstname.lastname@example.org.
together the “Voting Requirements”.
6. ACCEPTABLE USE RESTRICTIONS
6.1 You must:
6.1.1 not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
6.1.2 not infringe our intellectual property rights or those of any third party (including any of our sponsors) in relation to your use of the App or any Service;
6.1.3 not to submit Votes you know are untrue, incorrect and/or misleading;
6.1.4 not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
6.1.5 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
6.1.6 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
together “Acceptable Use Restrictions”.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 You acknowledge that all intellectual property rights in the App, the Services and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
7.2 You acknowledge that you have no right to have access to the App in source-code form.
8. LIMITATION OF LIABILITY (THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE)
8.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the pre-contract information meet your requirements, otherwise you will need to make contact with your local MP in the usual way/manner specified by them.
8.2 We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 Subject to clause 8.6 we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 8.5, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
8.4 Subject to clause 8.6 we are not responsible for the cost of repairing any pre-existing faults or damage to your Device. However, if defective digital content we have supplied damages the Device, we will either repair the damage or pay you compensation.
8.5 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £400. This does not apply to the types of loss set out in condition 8.6.
8.6 Nothing in this EULA shall limit or exclude our liability for:
8.6.1 death or personal injury resulting from our negligence;
8.6.2 fraud or fraudulent misrepresentation; and
8.6.3 any other liability that cannot be excluded or limited by English law.
9. YOUR RIGHTS TO CANCEL THE EULA
9.1.1 For the purposes of this clause “Cancellation Period” means “the date ending 14 days after the day on which this EULA is entered into”.
9.1.2 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a right to cancel the contract between us (i.e. the EULA) within the Cancellation Period.
9.1.3 We will not start to provide the digital content of the App to you until the end of the Cancellation Period, unless you have provided your consent to lose your right to cancel within the Cancelation Period. Please see the beginning of this EULA to provide your consent by ticking the box provided.
10.1 We may suspend, without notice, your use of the App in the following circumstances:
10.1.1 if a general election is being held (suspension would normally occur 12 – 4 weeks before a general election);
10.1.2 if a local parliamentary ‘by-election’ is being held (suspension would normally occur 10 – 4 weeks before a by-election); or
10.1.3 while we investigate potential breaches of this EULA by you.
10.2 We may terminate this EULA immediately by written notice to you:
10.2.1 if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
10.2.2 if you breach any of the Licence Restrictions, Voting Requirements or the Acceptable Use Restrictions; and/or
10.2.3 in our reasonable opinion you are misusing the Services
10.3 On termination for any reason:
10.3.1 all rights granted to you under this EULA shall cease;
10.3.2 you must immediately cease all activities authorised by this EULA, including your use of any Services;
10.3.3 you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so;
10.3.4 we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services.
11. COMMUNICATION BETWEEN US
11.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, we would prefer you to contact us via email@example.com, alternatively, you can write to us by prepaid post to 3rd Floor Neighbours Limited at HearMeMP, PO BOX 248, Benfleet, SS7 9EJ. We will confirm receipt of this by contacting you in writing, normally by e-mail.
11.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us when you registered to use the App.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
12.2.1 our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
12.2.2 we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
13. OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
13.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
13.3 If we fail to insist that you perform any of your obligations under this EULA, 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.
13.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
13.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
14.1 This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
14.2 For the purpose of the Data Protection Act 1998, the data controller is 3rd Floor Neighbours Limited of HearMeMP, PO BOX 248, Benfleet, SS7 9EJ.
15. INFORMATION WE MAY COLLECT FROM YOU
15.1 We may collect and process the following data about you:
15.1.1 Information you give us (“Submitted Information”): You may give us information about you by filling in forms on the App, or by corresponding with us (for example, by e-mail). This includes information you provide when you register to use, download or register an App, use any of our Services, search for an App or Service and when you report a problem with an App or a Service. The information you give us may include your name, address, e-mail address and phone number, the Device’s phone number, age, username, password and other registration information and personal description.
15.1.2 Information we collect about you and your Device. Each time you use the App we may automatically collect the following information:
(a) technical information, including the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, (“Device Information”);
(b) information stored on your Device, including contact information, friends lists, login information, photos, videos or other digital content and check ins (“Content Information”);
(c) details of your use of our App including, but not limited to, traffic data, location data, and other communication data including and the resources that you access (“Log Information”).
15.1.3 Location information. We may also use gps technology to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent by as described in clause 2.8.
15.1.4 Information we receive from other sources (“Third Party Information”). We are working closely with third parties (including, for example, business partners, sub-contractors in technical services, advertising networks, analytics providers, search information providers and may receive information about you from them.
15.1.5 If you contact us, we may keep a record of that correspondence.
15.1.6 Unique application numbers: when you install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.
16. SENSITIVE PERSONAL DATA
16.1 The App allows you to Vote on certain political issues. Under the Data Protection Act 1998 (DPA) personal data consisting of your political opinions is classed as Sensitive Personal Data (as defined in the DPA). At the beginning of the EULA there is a tick box which requires you to confirm you agree that we can process your Sensitive Personal Data (“Consent”).
17. USES MADE OF THE INFORMATION
17.1 We use information held about you in the following ways:
17.1.1 Submitted Information:
(a) Once you have selected your Vote an email will automatically be sent to your local MP advising him/her of your name, address, email address, Vote and date of Vote. Please note, the content of the email cannot be amended before or after you have cast your Vote, or before it is sent to your local MP;
(b) It is anticipated and expected (but not guaranteed) that your local MP will reply to the automated email that is sent. The email or letter in reply will be sent to your personal email address or your home address (which you provide when you register to use the App) by post and will not be seen by us;
(c) Your Vote will be added to a spreadsheet. We will use this spreadsheet for producing the data and statistics that we will disclose in accordance with clause 18 and any later consent you give us. The data on the spreadsheet may consist of your name, address, age, gender, email address, Location of Vote (as defined in clause 18.1), Vote and date of Vote;
(d) If you let us know that you have not received a reply from your local MP by clicking on the relevant button on the App, this information will also be added to the spreadsheet and an automatic chaser email will be generated which will be sent if you have not received a reply after 28 days. This automatic chaser email will include your name, address, email address, Vote and date of Vote. Please note, the content of the automatic chaser email cannot be amended before it is sent.
(e) To provide you, or allow third parties to provide you with information, products or services (including content and advertising tailored to your interests), where you have consented to be contacted for such purposes.
17.1.2 Device Information: to ensure that content is presented in the most effective manner for you, using your particular Device and to enable ‘push notifications’ to be sent to you on your Device to inform you when a new issue has become listed under any topics you have favorited.
17.1.3 Content Information: we will not use any Content Information that is automatically collected by us.
17.1.4 Log Information: to maintain, protect and improve the App. To help us with any technical fixing that is required and to monitor the security of the App, and it’s functionality. We will also keep a record of any topics you have favorited and this information will be used to tailor future content displayed to you on the App and any push notifications that are sent to you.
17.1.5 Location information: we may take this information from you automatically to establish your location. Any information that is collected may be disclosed in accordance with clause 18. If you do not want us to automatically collect location information from you, please see clause 2.8.
17.1.6 Third Party Information: to ensure that social media platforms (such as Twitter) link up with the App correctly.
17.1.7 Unique application numbers: to ensure you can access the App with your user history loaded onto it.
17.2 We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this policy for as long as it is combined. The purpose of us combining this data is for research and advertising purposes.
17.3 We do not disclose information about identifiable individuals to our advertisers or sponsors, but we may provide them with anonymous aggregate information about our users (for example, for an advertiser, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1) or sponsors assess the opinion of users on particular topics and issues. We may also make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
18. DISCLOSURE OF YOUR INFORMATION
18.1 We may disclose some or all of the data we collect from you when you download or use the App to the following third parties:
Type of data Recipient
A. Personal data (name, address (including your postcode), email address, Vote and date of Vote) Your local MP
B. Aggregate data (this data will not include your name or address, but may contain the following, your postcode area (e.g. SW1), the type of location you were at when you made your Vote (for example, at your home or a hospitality venue like a pub or restaurant “Location of Your Vote”), any topics that you have favorited, age range (i.e. 30 – 45 years of age “Age Range”), gender and/or your Vote and/or Mass aggregate data, this data will not include your name, address or postcode, but may contain some or all of the following, the geographical area you live (i.e. postcode area) (“Geographical Area”), the Location of Your Vote, any topics that you have favorited, your Age Range, your gender and your Vote). Any third parties operating in the UK
C. Mass aggregate data (this data will not include you name, address or postcode, but may contain your Age Range, your Geographical Area, your gender and your Vote) This information will be made public as statistical information, e.g. on graphs or charts
D. Sponsored issues (where an issue that you have voted on is sponsored the aggregate data from that will be provided to the sponsor. This aggregate data may contain the following, postcode area (e.g. SW1), any topics that you have favorited, gender, Age Range and Vote). Sponsor and any third parties (and if relevant to a political issue, your local MP will also receive your personal data (as described in the table above at point A))
E. Personal data As detailed in clauses 18.1.1 - 18.1.2 (inclusive).
18.1.1 We may disclose your personal data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
18.1.2 We may disclose your personal data to third parties not listed in the above table:
(a) In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
(b) If 3rd Floor Neighbours Limited or substantially all of its assets are acquired by a third party and personal data held by it about its customers is one of the transferred assets.
(c) If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
(d) In order to:
(i) enforce or apply the EULA and other agreements or to investigate potential breaches; or
(ii) protect the rights, property or safety of 3rd Floor Neighbours Limited our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
(e) The App developer and our supplies (for example, our technical service provider, SSL provider, reseller and our server company) may have access to your personal data from time to time to ensure that they can perform their contractual duties to us, for example, to keep the App and Services secure and free from technical hitches, and to deal with any bugs etc.
19. WHERE WE STORE YOUR PERSONAL DATA
19.2 All information you provide to us is stored and backed-up securely.
19.3 Where we have given you (or where you have chosen) a password that enables you to access the App, you are responsible for keeping this password confidential. We ask you not to share this password with anyone.
19.4 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the App and as a result 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.
19.5 We may collect and store personal data on your Device using application data caches and browser web storage (including HTML 5) or alternative mechanisms and other technology.
20. YOUR RIGHTS
20.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you if we intend to use your data for such purposes or if we intend to disclose your information to any third parties for such purposes by asking for your consent. . If, after you have provided your consent you want to stop your data being processed for marketing purposes, you can exercise your right to prevent such processing by contacting us at any time via firstname.lastname@example.org or via HearMeMP, PO BOX 248, Benfleet, SS7 9EJ.
20.2 Our App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
21. ACCESS TO INFORMATION
21.1 The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
21.2 If you want to access, correct or update any contact information about you on the App you can do this at any time by selecting my profile, however, you can only change your address once every 6 months. If you want to change any other information we hold about you (including your address and surname if the last change was in a 6 month period), you will need to contact us via the following email@example.com or HearMeMP, PO BOX 248, Benfleet, SS7 9EJ.
This agreement has been entered into on the date you confirm your Consent (as contained at the beginning of this document).