Terms & Conditions
TERMS AND CONDITIONS FOR USE OF APPLICATION
The following terms and conditions, including the contained privacy policy in clause 5 ("T&C"), apply to your use of the Every Step Counts application regarding monitoring of daily number of steps ("Application") provided by Reckitt Benckiser Nordic A/S, CVR no. 61016317, Vandtårnsvej 83a, 2860 Søborg (” RB”) to you ("You" or "User"). RB has developed the Application and is responsible for the operation and maintenance hereof.
When You create a user profile/account through the Application or use the Application, you accept to the terms and conditions set out in the T&C which constitute a binding agreement between You and RB regarding the use of the Application ("Agreement"). You must be at least 18 years old to create a user profile and use the Application.
1 PURPOSE WITH THE APPLICATION
1.1
The purpose of the Application is to inspire its users in a healthier lifestyle by encouraging them to increase its daily exercise level (daily number of steps). To motivate the users, RB will donate the equivalent of a meal (value 1 DKK) to the Red Cross in the Nordics, if users monitor Your daily number of steps. If You in each day reach 10.000 steps. Also, then RB will donate the equivalent of a meal (value 1 DKK) to the Red Cross in the Nordics. it is possible to create a "friends group" within the Application to facilitate social interaction and enhance exercise level. If all group participants in each day reach above [10.000 steps], then RB will double themake one extra donation from the group. To facilitate the beforementioned, then RB must monitor Your daily number of steps.
1.2 It is free to participate and use the Application.
2 LICENSE GRANT AND SUSPENSION
2.1
By creating a user profile/account, RB grants You a personal, non-exclusive, royalty-free and non-transferable license to use the Application provided by RB during the Term. Except as permitted by mandatory applicable law, You shall not in any form or by any means (i) copy, make error corrections, or otherwise modify, decompile, decrypt, reverse engineer, disassemble, adapt or otherwise reduce all or any part of the Application to human-readable form; (ii) or transfer, assign, store, reproduce, sub-license, publish, rent, lease, distribute, sell, print, display, perform, or create derivative works from any part of the Application; or (iii) commercialize the Application or information contained therein.
2.2 RB is at any time entitled to suspend the provision of the Application without notice. In case of suspension, you will not have any remedy towards RB.
3 CHANGES TO THE APPLICATION AND T&C
3.1
RB reserves the right to make the changes it deems necessary to the Application, including limitation to the scope, functionalities and content of the software, or part thereof, at any time, for example to comply with legal requirements and/or ensuring non-infringement of third-party intellectual property rights.
3.2
RB is entitled to change the terms and conditions contained in the T&C with one months' notice. You will be informed of such changes in writing through the Application. The continued use of the Application will constitute Yours accept of the changes. If the change(s) relates to data protection or marketing requiring renewed specific consent from You, you will be asked to consent to the changes prior to entering and using the Application.
4 INTELLECTUAL PROPERTY RIGHTS
4.1
All intellectual property rights, including the right to patents, copyright, trademarks, or know how, including any documents or any other material provided to You in association with the Agreement and/or arising or created under or about the Agreement, shall remain vested in and/or automatically and immediately upon creation be vested in RB and/or its licensors as the case may be.
4.2
You are granted a license to use the Application as specified in clause 1. You shall have the right to Your own pPersonal dData (as defined in clause 5.1.2).
5 DATA PROTECTION AND SECURITY (PRIVACY POLICY)
5.1 Data controller
5.1.1
RB is data controller for the processing of Your personal data in relation to the Application.
5.15.2 Processing activities and legal basis
5.1.1
RB is data controller for the processing of Your Personal Data in relation to the Application.
5.1.2
About creating a user profile/account, YouYou can enter and use the Application by creating a user profile through Your Facebook account (i.e. by logging in to Your Facebook account through the Application and consenting to transferring specific personal data from Your Facebook account to RB). If You choose to create a user profile through Your Facebook account You register the following personal data with RB through Your Facebook-account: [Name, profile picture and list of friends also using the Application]. Further, to use the Application and provide the Danish Red Cross with a donation, we track and process You daily number of steps from the "Health-kit" or "GoogleFit" applications on Your iPhone or Android smartphone (altogether defined as "Personal Data"). Please note that You can also choose to enter the Application "anonymously" (i.e. without specifying Your name etc.). In such case, you will be granted a random user-ID which will be stored locally on Your smartphone connected to the tracking data (i.e. Your daily number of steps), so that if You would later change log-in via Facebook, your tracking data would not be lost. The legal basis for the above processing is the GDPR article 6(1)(a) since You consent to such processing. You can always withdraw Your consent by logging out from the app (without affecting the lawfulness of processing based on consent before the withdrawal).
5.2.1
You may also enter and use the Application "anonymously", i.e. without specifying any information about Your identity, etc. In such case, you will be granted a random user-ID which will be stored locally on Your smartphone connected to the tracking data (i.e. Your daily number of steps). If You choose to enter and use the Application "anonymously", then You are not able to utilize the full functionality of the Application, including the social sharing of data and the creation of groups to increase exercise efforts, donation frame, etc. If You would later change log-in via Facebook, your tracking data would not be lost since it is connected to the user-ID.
5.2.2
To use the Application and provide the Danish Red Cross with a donation, we track and process You daily number of steps from the "Health-kit" or "GoogleFit" applications on Your iPhone or Android smartphone.
5.2.3
To use the Application (if You have created a user profile), hereunder by creating "groups" and sharing friends lists within the Application, we also process Your personal data specified in clause 5.2.1 about providing the Application and services.
5.2.4
The legal basis for the processing specified in clause 5.2.1 - 5.2.3 is the GDPR article 6(1)(a) since You consent to such processing. You can always withdraw Your consents by clicking here (without affecting the lawfulness of processing based on consents before the withdrawal). If You withdraw Your consents, the achieved donations from the latest term would be lost.
5.1.35.2.5
If You do not consent to RB's processing of Your Personal Datapersonal data as specified in clause 5.2.25.1.2, You cannot use the Application since the use of the Application is dependent on processing of Your Personal Datadaily number of steps to provide the donation to the Danish Red Cross.
5.1.45.2.6
Your Personal Datapersonal data will also be transformed to statistical (anonymous) information for RB to be able to adjust and/or improve the Application and to document the accuracy of RB's aggregated donation based on aggregated data regarding number of steps. Once Your Personal Datapersonal data are transformed into statistical data, you can no longer be identified. The legal basis for this processing (i.e. the transformation to statistical data) is GDPR article 6(1)(f) since processing is necessary based on our legitimate interests in using the statistical information to improve the Application (e.g. improve technical functions and software design) and for us to document the accuracy of RB's aggregated donation.
5.2.7
RB's processing of Your Personal Datapersonal data is subject to the application of adequate security measures as further specified in clause 5.5. Further, our processing of Your Personal Datapersonal data will take place in accordance with applicable data protection legislation and authority guidelines.
5.1.55.2.8
When the user has created a profile they can also choose to enter the following data; Country.
5.25.3 Retention of Personal Datapersonal data
5.3.1
Upon termination of the Agreement/ Your user profile, RB will delete and/or anonymize Your Personal Datapersonal data no later than [612 months] after the date of termination. In any case, RB will per on the 1st of February each calendar year delete and/or anonymize the previous years' measurements regarding number of steps.
5.2.15.3.2
If You withdraw Your consent or exercise Your Right to be Forgotten pursuant to clause 5.6, then RB will delete all Your personal data as soon as possible after receiving such withdrawal or request.
5.35.4 Recipients of Personal Datapersonal data
5.3.15.4.1
The categories of recipients are:
(i) Data processor’s providing the Application to You
(ii) Facebook friends (also using the Application)
(iii) Danish Red Cross (see below)
(i)
5.3.25.4.2
RB transfers anonymous statistical data to the Danish Red Cross to document the accuracy of RB's donation.
5.45.5 Security measures
5.4.15.5.1
RB have implemented appropriate technical and organisational measures to ensure a level of security appropriate to the risks, that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Datapersonal data transmitted, stored or otherwise processed, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons. Access to Personal Datapersonal data is restricted to authorised personnel who have a legitimate business purpose for accessing Your Personal Datapersonal data.
5.55.6 Your rights pursuant to the data protection legislation
5.5.15.6.1
You can always exercise Your rights as a data subject pursuant to the applicable data protection legislation (e.g. GDPR articles 15-23) by requesting so to RB pursuant to clause 5.7. That includes Your right to access, rectification, erasure (including the right to be forgotten), restriction of processing, data portability or the right to object to the processing of Your Personal personal Datadata.
5.5.25.6.2
You can also at any time withdraw Your consent, if our processing of Your Personal Datapersonal data is based hereon. You can withdraw Your consent by licking here (without affecting the lawfulness of processing based on consent before the withdrawal).
5.5.35.6.3 RB will process any requests as soon as possible and in line with applicable law.
5.65.7 Contact information and complaints regarding processing of Personal Datapersonal data
5.6.15.7.1
If You want to complain over RB's processing of Your Personal Datapersonal data, you can always contact RB. RB contact information is:
Reckitt Benckiser Nordic A/S
CVR no. 61016317
Vandtårnsvej 83a
DK-2860 Søborg
Telephone +45 4444 9701
E-mail: everystepcounts@rb.com
If You would like to request access to Your Personal Datapersonal data or request to be forgotten or use other rights in Your capacity as data subject, please You may contact "support@bridgeit.dk".
5.7.2
5.6.25.7.3
You can also contact the Danish Data Protection Authority (In Danish "Datatilsynet") if You want to complain over RB's processing of Your Personal Datapersonal data:
Datatilsynet
Borgergade 28, 5
DK-1300, Copenhagen K
Telephone: +45 (33 19 32 00)
E-mail: dt@datatilsynet.dk
6 LIABILITY AND DISCLAIMERS
6.1
The Application is provided "as-is" and RB does not warrant that the Application is fit for a purpose or is "error-free".
6.2
Either Party shall in no event be liable to the other Party for any indirect or consequential damages, including but not limited to loss of data, profits or anticipated savings.
6.3
The total liability under or about the Agreement shall be limited to DKK 10,000 during the Term. The limitation is cumulative during the Term and not per incident.
7 TERM AND TERMINATION
7.1
The term of the Agreement shall begin on the date when You create Your user profile and accept these T&C's ("Effective Date") and shall continue indefinitely until terminated by either Party pursuant to the T&C ("Term").
7.2
You may close Your user profile/account and terminate the Agreement for convenience with immediate effect by logging out and uninstalling the app.
7.3
RB may close the Application and terminate the Agreement for convenience with immediate effect. Should RB decide to close the Application and terminate the Agreement, you will be notified hereof next time You try to enter the Application.
7.4
Either Party can terminate the Agreement, if the other Party commits a material breach of the Agreement and such material breach has not been remedied within 30 days of written notice from the other Party requiring such remedy.
8 DISPUTE RESOLUTION
8.1
The Agreement shall be governed by and construed under the laws of Denmark excluding its conflict of laws provisions. The United Nations’ Convention on the International Sale of Goods shall not apply.
8.2
If a dispute is not resolved through negotiations, the dispute shall be resolved with final effect before the ordinary Danish courts with Copenhagen City Court as the court in the first instance.
24.04.2018