Legal Section

Ensuring the security of our users’ data is our most important responsibility and we believe in transparency and openness. Here we set out in full the steps that we take to maintain your privacy and keep your data safe and secure at all times.

Humaniq Care Privacy Policy

Last updated: 7 March 2019

Humaniq is committed to protecting and respecting your personal data and privacy. Whenever you provide us with Personal Data (as defined below) we are legally obliged to use your information in line with all applicable laws concerning the protection of Personal Data (“Data Protection Laws”).

This privacy policy (together with our Terms of Use (Terms of Use) apply to your use of any of the services accessible through the Humaniq Care (Services) that are available on the Humaniq website (Services Site). This privacy 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 practices regarding your Personal Data and how we will treat it.

IMPORTANT INFORMATION

Humaniq is madeup of different legal entities. When we mention Humaniq, we are referring to the relevant company in the Humaniq Group responsible for processing your Personal Data. For the purpose of the Data Protection Laws (collectively referred to as "we", "us" or "our" in this privacy policy). If you want to request more information about our privacy policy or information regarding data protection you should contact us by email: privacy@humaniq.com.

Children’s privacy

The Services are not intended for children and we do not knowingly collect data relating to children. If you are a parent or guardian and you learn that your children have provided uswith Personal Data, please contact us. If webecome aware that we have collected Personal Data from a child without verification of parental consent, we will take steps to remove that information from ourservers.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

This version was last updated on 7 March 2019. It may change and if it does, these changes will be posted on this page.

Third party links

Services Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. 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. Please check these policies before you submit any Personal Data to these websites or use these services.

THE DATA WE COLLECT ABOUT YOU

If you provide us any of the following we may collect, use, store and transfer different kinds of personal data about:

  • Identity Data: first name, last name, maiden name, username or similar identifier, marital status, title, date of birth, gender, occupation, your image, identity document details;
  • Contact Data: location (city and country), billing address, email address and telephone numbers;
  • Transaction Data: includes details about payments from youand details about transfers of HMQ tokens or other virtual currencies from you. Please note this list this may changefrom time to time)

Personal Data

We may also from time to time 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. However, if we combine or connect Aggregated Data with your Personal Dataso that it can directly or indirectly identify you, we treat the combined data as Personal Datawhich will be used in accordance with this privacy policy.

Special Categories of Personal Data

We do not intentionally collect any Special Categories of Personal Data such as details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, information about your health orgenetic data). Nor do we collect any information about criminal convictions and offences. To the extent that these Special Categories of Personal Data are processed (for example a photograph may reveal your race, ethnicity, religious beliefs or health information) such processing is incidental and this information is not actively collected by us. By providing us your photos you explicitly consent to the use and processing of your Personal Data. Such consent can be withdrawn at any time, without affecting the lawfulness of processing based on such consent before its withdrawal.

HOW IS YOUR PERSONALDATA COLLECTED?

We will collect and process the following data about you:

  • Information you give us. This is information you consent to giving us about you by filling in forms on the Services Site, or by corresponding with us (for example, by email or chat). It includes information you provide when you register to subscribe to any of our Services, share data via an Humaniq App's social media functions, enter a competition, promotion or survey, or make a transaction via the Humaniq App and when you report a problem with our Servicesor Services Site. If you contact us, we will keep a record of that correspondence.
  • Information we receive from other sources including third parties and publicly available sources. Third parties may provide us with Personal Data and they should only do so where the law allows them to. If you provide us with Personal Data about others, or if others give us your Personal Data, we may store that data and will only use that information for the specific reason it was provided.

HOW WE USE YOUR PERSONAL DATA

We will only use your Personal Data when the law allows us to do so. Most commonly we will use your Personal data in the following circumstances:

  • Where you have consented before the processing.
  • Where we need to perform a contract we are about to enter or have entered 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.

Note that we may process your Personal Datafor 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.

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.

DISCLOSURES OF YOUR PERSONAL DATA

We will keep your information within the organisation except where disclosure is required or permitted by law or when we use third party service providers (data processors) to supply and support our services to you. We have contracts in place with our data processors. This means that they cannot do anything with your Personal Data unless we have instructed them to do so. They will not share your Personal Data with any organisation apart from us. They will hold it securely and retain it for the period we instruct.

DATA SECURITY

We know that security is important to our users and we care about the security of your information. We maintain technical, physical, and administrative security measures to protect the security of your personal information against loss, misuse, unauthorized access, disclosure, or alteration. Some of the safeguards we use include firewalls, data encryption and access controls.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Services Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict procedures and security features to try to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way.

We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator when we are legally required to do so.

DATA RETENTION

We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Upon deletion of the project from the Services Site we will keep the information fora period of two years and then delete it.

In some circumstances you can ask us to delete your data: see 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.

YOUR LEGAL RIGHTS

Under certain circumstances subject to 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 weare 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 processingof your Personal Datawhere 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:
    1. if you want us to establish the data's accuracy;
    2. where our use of the data is unlawful but you do not want us to erase it;
    3. 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; or
    4. 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.

We may need to request specific information from you to help us confirmyour 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.

Humaniq Care Terms of Use

Last updated: 28 February 2019

These Terms of Use (the “Terms”) govern the basic rights and obligations that you as a donee or donator,as the case may be, on one hand and uson the other have when you use Humaniq Care platform (the“Services”) and constitute a binding agreement between Humaniq and yourself. The Terms also mean Privacy Policy and other policies, which are incorporated herein. You may opt not to enjoy the Services, if you don’t want the Terms to apply.

1. Legal Capacity

You confirm that you have the legal capacity in your country to enter a binding agreement. In case if you are a minor you should be emancipated or granted consent from your legal representatives (parents or guardians).

2. User Content

The Humaniq Care platform allows users to post or send information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other materials (collectively “User Content”) to or through the platform. You understand that all of the User Content and the consequences of such posting User Content is your sole responsibility and is subject to the Terms.

You should understand that by accessing the Humaniq Care platform, you may be exposed to User Content that may be offensive or objectionable to you. Humaniq may, but is not obligated to, preview or review any User Content and, in its sole discretion, may block or may remove from theplatform, without notice, any User Content that violates the Terms or is otherwise objectionable. However, failure to block or remove any User Content is not an endorsement, warranty, representation, or guarantee regarding such User Content.

You represent and warrant that the User Content does not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.

By posting, uploading or otherwise distributing the User Content on the Fundly Site, you hereby grant (and represent and warrant that you have all necessary rights to grant) to Humaniq a perpetual, sublicenseable, transferable, world-wide, non-exclusive, royalty free, fully paid license to all yourrights in the User Content (including moral rights) for all purposes, including but not limited to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, display, perform, or derive revenue or other remuneration from such User Content and incorporate such User Content into other works in any form, media or technology.

By providing User Content to the Humaniq Care platform or Services, you hereby permit Humaniq to identify you as the provider of such User Content in any form, media and technology.

You agree that Humaniq has no liability or responsibility for the storage or deletion of any User Content that you submitor postthrough the HumaniqCare platformor Services.

3. Project Submissions

Humaniq has sole discretion to approve projects submitted by users. When posting any information, materials or content or otherwise accessing the Services, you agree not to:

  • Harass, defame, intimidate or threaten another useror provide false information;
  • Interfere with another user’s rights to privacy;
  • Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
  • Post any material that is obscene, offensive or indecent;
  • Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
  • Operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
  • Post any materials thatmay damage the operation of a computer (such as a virus, worm or Trojan horse);
  • Use any means to “scrape”, “crawl”, or “spider” any web pages contained on the Humaniq Care platform;
  • Recruit or otherwise solicit any User to join third party services or websites that are competitive to Humaniq, without Humaniq’s prior written approval;
  • Use, display, mirror, or frame the Humaniq siteor any individual element within the Humaniq Care platform or Services, Humaniq’s name, any Humaniq trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Humaniq’s express written consent;
  • Access, tamper with, or use non-public areas of the Humaniq Care platform, Humaniq’s computer systems, or the technical delivery systems of Humaniq’s providers;
  • Attempt to probe, scan, or test the vulnerability of any Humaniq system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Humaniqor any of Humaniq’s providers or any other third party (including another user) to protect the Humaniq Care platform or Services; or
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Humaniq Care platform or Services.

You must at all times use the Humaniq Care platform and the Services in a responsible and legal manner. In particular (but not exclusively) you must not do any of the following: misrepresent your identity or your affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; or interfere with or disrupt theservice or services or networks connected to the Services; collect or store personal data about other users including email addresses without consent. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services.

Any information; ideas or opinions posted by users of the Service does not necessarily reflect Humaniq’s views. Humaniq does not assume responsibility for the accuracy of any information, ideas or opinions posted by you and are not liable for any claims, damages or losses resulting from such information, ideas or opinions.

4. Terms of Donating

Each donation goes directly to fund the particular project or person for which it was given and we cannot offer refunds on donations.

By making a donation with Humaniq Care platform you agree that:

  • Any donation you make is legal in your jurisdiction, and
  • Humaniq can not be responsible for the success of any proposed or funded projects.
  • We may, but are not obligated to, share information with you regarding each project. This may include descriptions of the proposed activity, photographs of the completed project, and thank-you notes. This content and others we may send are solely for your personal, non-commercial use and may not be distributed, displayed, or copied unless expressly authorized by Humaniq.
  • In the event that you create a project, enabling yourself and others to contribute funds in honor of a named person, you confirm that you have permission of the named person (or permission of their parent(s) or legal guardian(s), if a minor) to provide their name and other required information for display to prospective donators and other users on Humaniq Care platform.

5. Intellectual property rights

5.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Humaniq Care platform are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.

5.2. By using the Services, you do not acquire any ownership rights in materials contained therein. Misuse of any trademarks or any other content displayed on theHumaniq Care platform is prohibited.

6.Fees and Taxes

Humaniq reserves the right to change the rate of its fees at any time, with or without notice. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all taxes, levies, or duties associated with donations hereunder.

7.Third party websites

The Humaniq Care platform may provide links to or be linked to third party websites not maintained or controlled by Humaniq. Such links are provided solely for your convenience. We do not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites. You assume full responsibility for your use of third party websites or services. You should read the terms of use and privacy policy for each website that you visit.

8.Release

If you have a dispute with one or more users, you release Humaniq from all claims, demands, liabilities, costs, or expenses and damages. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

9. Local Regulations

We make no representation that the Service is permitted by law in any particular location. To the extent you choose to access the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

10. Limitation of Liability

10.1 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Humaniq Care platform. For the purposes of the Terms, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

10.2 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

10.3 The above exclusions and limitations apply only to the extent permitted by law.

10.4 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others.

10.5 Humaniq provides the Humaniq Care platform on an “AS IS”.“AS AVAILABLE” basis and without any warranty of any kind. Humaniq does not warrant that the Humaniq Care platform will be uninterrupted or error-free.

11. Indemnification

You agree to indemnify, defend and hold harmless Humaniq, its affiliates, and its and their respective officers, directors, owners, employees, agents, contractors, representatives, licensors, information providers, and any other service or software providers (together, “Humaniq Parties”) from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs and expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arisingout of or in connection with 1) your breach of the Terms; 2)any negligence, gross negligence or willful misconduct by or on behalf of you or your employees or agents; or 3) your access to or use of the Humaniq Care platform (including your donations) or your misuse of any material, data, or other information downloaded or otherwise obtained from the Humaniq Care platform. Humaniq reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Humaniq in the defense of such matter.

12. Term, Suspension and Termination

The Terms shall commence upon your initial use of the Humaniq Care platform and continue until the earlier of (i) termination of your rights to use the platform by Humaniq or (ii) your ceasing to use the Humaniq Care platform. Humaniq may, in its sole discretion and with or without cause, terminate your account (if applicable) or the Terms without notice or liability, including if you breach the Terms, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations. Upon any termination of the Terms or your account you must promptly cease accessing and using the Humaniq Care platform. Our rights shall not prejudice any other right or remedy we may havein respect of any breach or any rights, obligations or liabilities accrued prior to termination.

13. Applicable law and jurisdiction

13.1 The Services maybe accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Services both you and we agree that the laws of England and Wales, without regard to the conflicts of laws principles thereof, will govern the Terms and apply to all matters relating to the use of the Services.

13.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of England and Walesin respect of any dispute arising out of and/or in connection with theTerms and use of Services.

13.3 If you ever wish to seek any relief from us, you waive the ability to pursue class action.

14.Updates to Terms

14.1 We reserve the right to amend the Terms from time to time without notice. The revised Terms will be posted on the Humaniq Care platform and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

14.2 If you do not agree to updated Terms, you should stop using our Services. Your continued use of any of our Services will be deemed as your acceptance of any revisions.