The app uses the camera and microphone on your device. Any media you capture using the ap is processed within the app on your device before being uploaded to the server and then deleted from your device. It won’t appear in the gallery sections of your phone or tablet.
You and the colleagues you grant permission to can access this information through a browser via www.impactassessmetnapp.com. This is a service which is protected by password that you set and uses encrypting for an https server set up.
You are the data controllers.
You shall, as between you and us, own all intellectual property rights, title and interest in and to all the data you or your Authorised Users input in the course of using the Site or the Services ('Your Data') and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Data. As between you and us, Your Data is yours and the Site is designed to allow you to extract it to a spreadsheet should you wish to.
Normally we will obtain Authorised Users’ personal data directly from them via the Site and we will be a data controller in relation to that personal data.
In all other cases you warrant to us that we can lawfully use the personal data and other data and information in Your Data to the extent strictly necessary for the purposes of providing the Services and not further or otherwise without your approval. You are responsible for obtaining all necessary consents from Authorised Users and relevant third-parties. You will indemnify us against any liability, claim or sum suffered or incurred by us if you do not meet this responsibility fully. We are appointed as your data processor for those purposes, and will comply with the seventh Data Protection Principle in relation to the personal data in Your Data.
You must not access, store, distribute or transmit any viruses or other material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, racially or ethnically offensive, facilitates illegal activity, depicts sexually explicit images, promotes unlawful violence, is unlawfully discriminatory or that may otherwise causes damage or injury to any person or property.
Provided you are given prompt notice and our full co-operation, you shall defend us against any claim arising from or related to your use of the Site, documentation or any Services (other than a claim that the Site or documentation infringes any patent, copyright, trade mark, database right or right of confidentiality which is not a result of your misuse) and shall indemnify us for any amounts awarded against us in judgment or settlement of such claims.
You grant us, with immediate effect, an irrevocable, exclusive, non-terminable, royalty-free licence to process Your Data to the extent necessary for us to provide the Site and Services.
Your organisation or your Authorised Users may acquire moral rights in parts of Your Data. We will not deny the moral rights of Authorised Users, however you agree that it will often not be appropriate or possible for us to explicitly and proactively acknowledge the authorship of Authorised Users if and when Your Data is available to any third party.
It is primarily your responsibility to ensure that you have a back up copy of Your Data. However in the event of any loss or damage to Your Data which is caused mainly or wholly by us, we shall use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of the relevant data that we hold and you shall have no other remedy in respect of the lost data. We shall not be responsible for any loss, destruction, alteration or disclosure of Your Data caused by you, any Authorised Users or any other third party except for a third party sub-contracted by us.
You acknowledge and agree that the personal data may be transferred or stored outside the EEA or the country where you and your Authorised Users are located.
You and we both agree to take all appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
During your use of the Site, we both may have access to confidential information relating to each other, Authorised Users, relevant third-parties or the Site. For the duration of this contract and for two years after we will not, and you agree that you will not, disclose any confidential information to a third party other than your Authorised Users, your and our employees who need to know, or as required by law.