Privacy Policy

01. Wunda Group Privacy Policy

At Wunda we respect your privacy and are committed to maintaining it. Our privacy policy statement is given below. If we make changes to this policy, we will notify you by updating this statement on our website.

We comply with the standards, procedures and requirements laid down in the Data Protection Act 1998 & The General Data Protection Regulation (GDPR) (EU) 2016/679, to ensure that the personal information you give us is kept secure and processed fairly and lawfully.

The Information Commissioner’s Office

You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”) or your local data protection regulator. The ICO is the UK supervisory authority for data protection issues and you can find out more about the ICO at www.ico.org.uk. We would, however, appreciate the chance to deal with your concerns before you approach the ICO / your local data protection regulator, so if you are happy to do so, please contact us in the first instance to discuss them with us.

We collect information about you to enable us to fulfill your order and secondly to provide you with the best possible service.

The type of information we will collect about you includes:-

  • Your name
  • Your address
  • Phone number
  • Email address
  • Credit/debit card details

We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information we hold by emailing or telephoning us. If you find any inaccuracies we will delete or correct it promptly. We simply aim to provide the best possible services to our customers.

The personal information we hold will be held securely in accordance with our internal security policy and the law.

We will never sell your details to an unconnected third party for marketing purposes.

A cookie is a piece of information our website will place on your computer’s hard drive that can track your movements while you are on the website. It will also recognise you when you visit our website again.

We use cookies for the following reasons:-

  • To help you navigate around the site
  • To provide site usage information, which together with purchase information, will further help us improve and develop the products and services we offer to you

We do not store any information in cookies which could be used to identify you personally, nor are any sensitive details stored in the cookie.

If you’d like an explicit breakdown of the data collected about you by us, and we collect it – just let us know on the following email address: information@wundagroup.net

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To provide services to you and maintain your user account (a) Identity(b) Contact

(c) Profile

(d) Telephone

Performance of a contract with youYour consent
To manage our relationship with you which will include: notifying you about changes to your delivery/orderasking you to leave a review / take a survey;

answer your queries/complaints;

investigating misuse of your account

All the personal data that we collect Performance of a contract with your consentNecessary to comply with a legal obligation

Necessary for our legitimate interests (to keep our records updated, to study how customers use our products/services, to resolve any customer satisfaction issues and to operate our business)

To administer and protect our business and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) All the personal data that we collect Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security and in the context of a business reorganisation exercise)Necessary to comply with a legal obligation
To: Improve, maintain and develop our products and services; and to develop new applications, products and services All the personal data that we collect Necessary for our legitimate interests (to create the best version of the App, products and services that we can)
For the establishment, defence or exercise of legal claims All the personal data that we collect Necessary to comply with a legal obligation Necessary for our legitimate interests (operating and protecting our business)

Due to the The General Data Protection Regulation (GDPR) (EU) 2016/679 customers of WundaTrade have the right to erasure, put simply if you want us to delete any and all data related to you as a user, just let us know on the following email address: information@wundagroup.net

Wunda Trade sometimes uses data collected by Hotjar® to improve the usability of our site, this involves the use of cookies on your device.

You can get more information about Hotjar by visiting the ‘about Hotjar’ section of their support site. Hotjar assists its users/customers in providing their end users with a better experience and service as well as assist them in diagnosing technical problems and analyzing user trends. Most importantly, through Hotjar’s services, the functionality of the Hotjar Enabled Site can be improved, making them more user-friendly, more valuable, and simpler to use for the end users.

You may opt-out from having Hotjar collect your information when visiting a Hotjar Enabled Site at any time by visiting our Opt-out page and clicking ‘Disable Hotjar’ or enabling Do Not Track (DNT) in your browser.

02. Wunda Smart Application Privacy Policy

Welcome to Wunda Group Plc’s privacy policy.

Wunda Group Plc (“Wunda Group”) respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you use our WundaSmart mobile application (“App”) and tell you about your privacy rights and how the law protects you.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them. We keep our privacy policies under regular review.

The App is not intended for children and we do not knowingly collect data relating to children.

Wunda Group Plc is the controller and is responsible for your personal data (collectively referred to as “Wunda Group”, “we”, “us” or “our” in this privacy policy).

We have appointed a data protection officer (“DPO”) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights (about which you can find out more below), please contact our DPO using the details set out below.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact our DPO in the following ways:

Full name of legal entity:                    Wunda Group Plc (a company incorporated in England and Wales with company number 06000144)

Email address:                                    information@wundagroup.net

Postal address:                                   Unit 6A Castlegate Business Park, Caldicot, Monmouthshire, NP26 5AD, United Kingdom

Telephone number:                            0044 (0)1291 634145.

You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”) or your local data protection regulator.  The ICO is the UK supervisory authority for data protection issues and you can find out more about the ICO at www.ico.org.uk.  We would, however, appreciate the chance to deal with your concerns before you approach the ICO / your local data protection regulator, so if you are happy to do so, please contact us in the first instance to discuss them with us.

The App may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites, plug-ins and applications and are not responsible for their privacy statements. When you leave the App or enable a connection, we encourage you to read the privacy policy of every website / application you connect to.

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes your name
  • Contact Data includes email address, telephone number and postal address
  • Communications Data includes details about the language and communication preferences that you have chosen
  • Location Data means details about your location which may include your exact location
  • Profile Data includes your username and password
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the App
  • Telephone Data refers to the fact that we monitor and record our telephone calls
  • Usage Data includes information about how you use the App
  • Wunda Group Data includes details about how you are using our products and services in your home and details of their performance and details of what devices are connected to them and how those devices are being used with them. An example of Wunda Group Data that we collect is information about room temperature and heating schedules.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature within the App. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

You do not need to provide the above personal data to us.  However, failure to provide personal data may mean that you are not able to use the App or that its functionality may be reduced.  We will notify you if this is the case at the time.

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact, Communications, Location, Profile, Telephone, Usage and Wunda Group Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  • sign up to use the App;
  • use the App;
  • request support assistance;
  • give us feedback or contact us.
  • Automated technologies or interactions. As you interact with the App, we will automatically collect Technical, Usage and Wunda Group Data. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.
  • Location Data. We 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 at any time by disabling Location Data in your settings.
  • Third Parties. We will receive information about you from the following sources / third parties:
    • Identity, Contact, Communications, Location, Profile, Technical, Telephone, Usage and WundaGroup Data from our third-party data processors who collect, store and process your data on our behalf. For example, our third-party cloud storage providers and our third-party IT support providers may provide us with information about you.
    • Identity, Location, Technical, Usage and WundaGroup Data from third-party apps and products that you connect to the App. For example, when you connect to Google Home or Amazon Alexa or any other third-party app, we will receive information about how you use those third-party apps with our App.

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where you have consented before the processing.
  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third-party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

We will only send you direct marketing communications by email or text if we have your consent.

Where we are relying on consent as the legal basis of processing, you have the right to withdraw that consent at any time by contacting us.  You can find out more about this in the section “your legal rights” below.

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including the basis of legitimate interest
To install the App and register you as a new App user (a) Identity(b) Contact (a) Performance of a contract with you(b) Your consent
To provide services to you and maintain your user account (a) Identity(b) Contact

(c) Communications

(d) Location

(e) Profile

(f) Telephone

(g) Usage

(h) WundaGroup

 

(a)  Performance of a contract with you(b)  Your consent

 

To enable you to connect the App to other third-party apps and products and to enable the App to work with those third-party apps and products All the personal data that we collect (a)   Performance of a contract with you(b)   Your consent

(c)   Necessary for our legitimate interests (to enable the App to connect, to study how customers use our products/services with third-party apps & products and to operate our business)

To manage our relationship with you which will include:(a)       notifying you about changes to the App or any services;

(b)       asking you to leave a review / take a survey;

(c)        answer your queries/complaints;

(d)       investigating misuse of your account

All the personal data that we collect

 

 

(a)   Performance of a contract with you(b)   Your consent

(c)   Necessary to comply with a legal obligation

(d)   Necessary for our legitimate interests (to keep our records updated, to study how customers use our products/services, to resolve any customer satisfaction issues and to operate our business)

 

To administer and protect our business and the App (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) All the personal data that we collect (a)   Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security and in the context of a business reorganisation exercise)(b)   Necessary to comply with a legal obligation
To:(a)        improve, maintain and develop the App and our products and services; and

(b)        to develop new applications, products, and services

All the personal data that we collect Necessary for our legitimate interests (to create the best version of the App, products, and services that we can)
For the establishment, defense or exercise of legal claims All the personal data that we collect (a)   Necessary to comply with a legal obligation(b)   Necessary for our legitimate interests (operating and protecting our business)

You can set your mobile device / browser to refuse all or some cookies, or to alert you when applications and websites set or access cookies. If you disable or refuse cookies, please note that some parts of the App may become inaccessible or not function properly. For more information about the cookies we use, please see here.

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

We may share your personal data with the parties set out below for the purposes set out in the table at section 4 above:

  • External Third Parties as set out in the Glossary.
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third-party service providers who act as our data processors to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers who are acting as our data processors to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Subject to the paragraph headed “Important” below, we do not transfer your personal data outside the European Economic Area (“EEA”) and we do not usually transfer your personal data outside the United Kingdom (“UK”).

However, should the UK leave the EEA it will be necessary for us to revisit the above statement.  In such a scenario a revised privacy policy may be issued.

Important: where you have connected the App to a third-party IOT app (for example Google Home or Amazon Alexa) this may result in your data being sent to countries outside the EEA.  These countries will have different laws that relate to how your personal data is to be used and they may give you less protection / rights.  You should therefore read the privacy notice of every third-party IOT app that you authorise to work in conjunction with our App so you understand how your data will be processed.

Our measures

  • We have put in place appropriate security measures to prevent your personal data (once it has been received by us) from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. Our employees will only process your personal data on our instructions and they are subject to a duty of confidentiality.

 

Your measures

Where we have given you (or where you have chosen) a password that enables you to access the App or certain parts of App, you are responsible for keeping this password confidential.  Where you have chosen the password yourself, you are responsible for selecting a secure password. We ask you not to share a password with anyone and you should not use the same password on our App as you do elsewhere.

You should make sure that you have adequate security measures on your mobile or handheld device to keep your information safe.  You should also make sure that you are happy with the security measures of third parties before linking their products / services to our App.

 

Data breaches

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

How long will you use my personal data for?

We will need to process your personal data for the duration of time that your App account is open.

In the event your App account is closed (either by you or by us), we will process your personal data for a period of one year following the account closure, after which time your personal data will be deleted.  We may keep your personal data for a longer period of time in the event that we think that a dispute may be likely, or should we need to keep it for any other legal reason.

In some circumstances you can ask us to delete your data: see the section headed “your legal rights” below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

In the event that you do not use the App for a period of 18 months then we will treat the account as expired and your personal data may be deleted.

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

You have the right to:

Request access to your personal data

(commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you.

This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data.

This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data

where we are relying on a legitimate interest (or those of a third-party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data.

This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  • If you want us to establish the data’s accuracy.
  • Where our use of the data is unlawful but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third-party.

We will provide to you, or a third-party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

 

Withdraw consent at any time

where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact our DPO.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

THIRD PARTIES

External Third Parties

  • Service providers based in the United Kingdom and Poland who provide IT administration and IT support services.
  • Service providers who provide cloud storage services.
  • Third parties who provide IOT (internet of things) apps and products, for example Google Home and Amazon Alexa.
  • Professional advisers including lawyers, bankers, auditors and insurers based in the United Kingdom and Poland who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.

Version: October 2019.

03. Wunda Smart EULA

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY USING THE WUNDASMART APPLICATION YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE WUNDASMART APPLICATION. 

 

We WUNDA GROUP PLC (a company registered in England and Wales with company number 06000144) whose registered office address is Second Floor 87 Kenton Road, Kenton, Harrow, Middlesex, England, HA3 0AH license you to use:

  • the WundaSmart application software, the data supplied with the software (App) and any updates or supplements to it
  • the related online and/or electronic documentation (Documentation)
  • the features you connect to via the App and the content we provide to you through it (Services)

as permitted in these terms.

We only use personal data that we collect through your use of the App and the Services in the ways set out in our privacy policy [LINK TO PRIVACY POLICY]. 

However, if you have purchased or been supplied with goods / services from us directly (for example Smart Controls, radiator valves, underfloor heating, and/or advice about heating), different privacy policies will also apply.  You can find out more about our other privacy policies that may apply to our use of your personal data in the section “Additional Terms That May Apply” below.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any of the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Additional terms that may apply

In addition the services set out below will be governed by the following terms & conditions and privacy policies:

Service

Web address of Terms & Conditions

Web address of privacy policy

Sale / supply of goods & provision of services generally (excluding the App and Services)

https://www.wundatrade.co.uk/terms-conditions/

https://www.wundatrade.co.uk/privacy/

The ways in which you can use the App, Documentation and Services may also be controlled by the Google Play rules and policies (https://play.google.com/intl/en-US_uk/about/play-terms/index.html) and / or the App Store rules and policies (https://www.apple.com/legal/internet-services/itunes/uk/terms.html).

Google Play’s and / or the App Store’s rules and policies will apply instead of these terms where there are conflicts between the two. 

Where you connect third-party apps/products/services (such as Google Home and Amazon Alexa) to the App and Services, those third-party apps/products/services may also have terms and conditions that apply.  You should read those terms and conditions and read their privacy notices (if any).

Nothing within those third-party terms and conditions shall affect the ownership of the intellectual property rights in the App, Services and Documentation which at all times shall be owned by Wunda Group Plc and / or our licensors.    

The current version of the App (as at October 2019) requires a device with Android (from version 5.0 and above) or iOS (from version 9 and above) to be installed with a minimum of 1 GB memory.

You must ensure that your device contains adequate security measures.

The App will require a hardware hub known as “Smart Controls” to work.  Smart Controls will require broadband access and a power supply.

Please also see the section below headed “Update To The App and Changes To The Services” regarding legacy items. 

Support. If you want to learn more about the App or the Services or have any problems using them please take a look at our support resources at www.wundasmart.com.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at techsupport@wundagroup.com or call them on 01291 634145.

How we will communicate with you. If we have to contact you we will do so by email, by SMS, by telephone or by pre-paid post, using the contact details you have provided to us.

  • download or stream a copy of the App onto a mobile telephone or handheld device and view, use and display the App and the Services on such devices for your personal purposes only (to operate Smart Controls and the devices connected to Smart Controls in your domestic dwelling);
  • provided you comply with the section headed “Licence Restrictions” below, make such copies of the App as are legitimately required for back-up purposes;
  • use any Documentation to support your permitted use of the App and the Services;
  • receive and use any free supplementary software code or free update of the App incorporating “patches” and corrections of errors as we may provide to you.

You must be 18 or over to accept these terms and download / use the App and Services.

We are giving you personally the right to use the App and the Services as set out above (see section headed “How You May Use The App”).  You may not otherwise transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you may be able to continue to use the App and the Services in accordance with the existing terms but certain new features may not be available to you. 

Important: Please be aware that where we add additional optional functionality / features, we reserve the right to charge a reasonable fee for your use of the new functionality / feature.  If you do not agree to pay such fees, you may not be able to access the additional functionality / feature.  Please also see the section below headed “Update To The App and Changes To The Services” regarding legacy items. 

From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.  Updates to the App should not seriously and adversely affect the performance of the App.

Important: Please be aware that overtime hardware products (such as Smart Controls) that work in conjunction with the App may become obsolete.   Where hardware becomes a legacy item (meaning that it is either no longer manufactured or it is outside of its 5 year warranty period) we reserve the right to either end your rights to use the App and the Services, to cease supporting the App or to charge a reasonable fee for continuing to support the App so that it can continue to work in conjunction with the legacy item.  Should this be the case, we will give you at least 30 days’ notice in advance by sending you an SMS or by notifying you when you next start the App.

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

Where you have enabled location services, we will make use of location data sent from your devices. An example of this would be where you have enabled location services so that your Smart Controls unit can operate your heating / hot water based on the location of your mobile / handheld device.

If you have enabled location services in the App, you can turn off this functionality at any time by (i) turning off the location services settings in the App and / or (ii) turning off the location services settings for the App on the mobile / handheld 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 products and services.

The App and/or any Services may contain links to other independent websites/products/applications/services which are not provided by us. Such independent websites/products/applications/services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent websites/products/applications/services, including whether to buy any products or services offered by them.

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without the Licensor’s prior written consent to any third-party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the App;
  • is kept secure; and
  • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Services.

You must:

  • not use the App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Services or any operating system;
  • not infringe our intellectual property rights or those of any third-party in relation to your use of the App or any Services, including by the submission of any material (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services;
  • not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

For the avoidance of doubt, you do not have exclusive rights to use the App, Services or Documentation.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

Without prejudice to the general nature of the above paragraph, we do not consider any costs, loss or damage caused by or attributable to the following to be foreseeable and so we do not accept responsibility for them:

  1. your or anyone else’s mobile phone, computer, internet browser or internet connection;
  2. your failure to get permission to install the App on the device on which it is installed;
  3. you or anyone else exceeding the permitted data limit on your or their broadband or mobile data packages;
  4. your failure to keep your password and login credentials safe;
  5. third-party goods, services, products, applications and / or websites.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided on an “as is” basis.  We have not developed the App or the Services to meet your individual requirements.  They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of information obtained from the App or the Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on our website, the appstore site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

We may also end your rights to use the App and Services for the reasons set out in the section above headed “Update To The App and Changes To The Services”.

If we end your rights to use the App and Services:

  • You must stop all activities authorised by these terms, including your use of the App and any Services.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We will cease providing you with access to the Services.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

Save where the terms of Goole Play or the App Store expressly state that Google or Apple may enforce the terms of this agreement, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

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

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

These terms are governed by English and Welsh law and you can bring legal proceedings in respect of the products in the English and Welsh courts.

If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English and Welsh courts.

If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English and Welsh courts.

In addition, please note that some disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.