FIRST AID APP END USER POLICY, COOKIE
AND PRIVACY POLICY
Your use of the “First
Aid App” provided by Red-Cross Flanders International non-profit organisation is
governed by the present end user policy (hereinafter “EUP”). By clicking the “I
agree to the EUP" checkbox or otherwise accepting this EUP, you agree
to the terms and conditions set out below.
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1.
Definitions |
1.1.
“Red-Cross Flanders”: means Red-Cross
Flanders International non-profit organisation, having its registered office at
Motstraat 40, 2800 Mechelen
(Belgium), and registered with the Crossroads Bank of Enterprises under company
number 0461.634.084.
1.2.
“First Aid App”: means the present
application you intend to use containing content regarding first aid training
and instruction and using an “everyday first aid”-approach, as well as all
software programs related thereto and all new versions, updates, patches,
upgrades, enhancements and modifications thereof provided by Red-Cross Flanders.
1.3.
“Local
Partner”: means the company with which Red-Cross Flanders has entered into a
licence agreement and from whom you obtained access to the First Aid App.
1.4.
“Confidential Information”: means all
technical, functional, technological, commercial, economical, operational,
strategic, business and financial information in any form (verbal or in
writing, digital or not) which directly or indirectly concerns Red-Cross
Flanders itself or the First Aid App.
1.5.
“Content”: means all information,
documents and software, including but
not limited to texts, images, databases, structures, layouts, graphic elements,
presentations, logos, websites, web services, API’s, DLL’s, libraries and
third-party components, as well as all other information and elements made
available to you amongst others via the First Aid App, and which are the
property of Red-Cross Flanders or Local Partner.
1.6.
“Force Majeure”: means all causes that
are beyond the reasonable control of the parties, including but not limited to
fire, explosions, power failures, earthquakes, floods, very severe storms,
strikes, embargos, labour disputes, pandemics, acts by the civil or military
authorities, (cyber) terrorism, natural disasters, acts or neglect of internet
traffic services, acts or neglect of regulatory or government bodies.
1.7.
“Intellectual Property Rights”: means
all worldwide intellectual property rights, whether registered or not,
including but not limited to copyrights, software (copyrights), database rights,
trademark and service mark rights (including all goodwill embodied therein),
rights to semi-conductor products and patent rights.
2.1.
After
acceptance of the EUP, Red-Cross Flanders grants you a non-exclusive,
non-transferable, non-sublicensable and personal right to use the First Aid App
in the territories in which it is available, and in accordance with the terms
and conditions of this EUP and the applicable legislation (hereinafter the
“License”).
2.2.
The
License does not grant you the right to (sub)license, sell, assign, modify,
translate, reverse engineer, analyse, reconstruct, decompile, otherwise change or
commercially exploit the First Aid App, and/or make the First Aid App available
to any third party or create derivative works based upon the First Aid App and/or
the Content.
2.3.
In
general, you shall not infringe the Intellectual Property Rights of Red-Cross
Flanders or Local Partner, or perform any other acts by which (the value of)
such Intellectual Property Rights could in any way be harmed or negatively
affected.
2.4.
You
agree to respect any technical limitations in the First Aid App that only allow
the use of the First Aid App in certain ways. You may not work around such
technical limitations.
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3.
Use
of the First Aid App |
3.1.
You
acknowledge that Red-Cross Flanders provides the First Aid App and the Content
“as is”. Red-Cross Flanders only
represents and warrants that the First Aid App is provided in accordance with
the standards applicable in the IT sector. Any software and/or Cloud services used
from third parties are subject to the guarantees provided by the concerned
third parties.
3.2.
You are
responsible for all activity occurring under your account.
3.3.
You are
responsible for having and maintaining hardware (including a smartphone or
computer device), software (including having a firewall, an anti-virus program
or other necessary security software) and an internet connection necessary and
suitable for the use of the First Aid App.
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4.
Support |
4.1.
If you
have a question, comment and/or complaint regarding the First Aid App, you are
required to refer your question, comment and/or complaint to the Local Partner.
4.2.
Every
question, comment and/or complaint regarding the First Aid App made by you (i) must contain a sufficiently clear description of the
respective question, comment and/or complaint and (ii) if applicable, must
concern a reproducible error.
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5.
Intellectual
Property Rights |
5.1.
You
expressly acknowledge and agree that all Intellectual Property Rights relating
to the First Aid App and Content are and remain the exclusive property of Red-Cross
Flanders and/or, if applicable, the Local Partner. You are not permitted to use
the First Aid App and/or Content without prior written consent of Red-Cross
Flanders or such third party that may own the Intellectual Property Rights.
Except for the
License as granted pursuant to article 2 of present EUP, nothing shall be construed
as granting, or an undertaking to subsequently grant, to you any license,
right, title or interest in the Intellectual Property Rights or on the First
Aid App or Content.
5.2.
You are
not allowed to remove or modify any notices concerning the Intellectual
Property Rights on the First Aid App and/or Content.
5.3.
You
undertake to fully respect and protect Red-Cross Flanders’s Intellectual
Property Rights or, if applicable, the Intellectual Property Rights of Local
Partner.
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6.
Confidentiality |
6.1.
By
using the First Aid App, you may get access to Confidential Information and
proprietary information of Red-Cross Flanders. You agree not to disclose any
Confidential Information to any third party, not to use the Confidential
Information for your own benefit and/or not to permit the use of the
Confidential Information for the benefit of others, without the prior, express
and written consent of Red-Cross Flanders. You may only use the Confidential
Information for the purposes as set forth in present EUP.
7.1.
You are
responsible for the data entered, obtained and/or processed by using the First
Aid App, including but not limited to all data that are entered and/or
generated by yourself and which are not the property of Red-Cross Flanders (hereinafter
“Your Data”). You warrant that Your
Data is not unlawful, has not been obtained unlawfully, does not violate the
rights of third parties and complies with all Applicable Data Protection Legislation,
as defined hereinafter.
7.2.
If,
through the intervention of Red-Cross Flanders or otherwise, you enter or use
data originating from an external data provider in the First Aid App, Red-Cross
Flanders hereby disclaims any responsibility for this data and Red-Cross
Flanders shall not be (held) liable for any damages arising from the use of
such data.
7.3.
Under
no circumstances, Red-Cross Flanders shall be liable for any damage arising
from your use of the data as set forth in this article 7, including but not limited to Your Data,
demo data, data from the Local Partner and third party data. For the avoidance
of doubt, you have the sole responsibility for the accuracy, quality,
integrity, legality, reliability and appropriateness of the data as set forth
in this article 7.
7.4.
You
must indemnify and hold Red-Cross Flanders harmless for claims by third
parties, made for whatever reason, in connection with the processing of the
data as set forth in this article 7.
8.
Privacy
8.1.
In case
Your Data contains or is to be considered as personal data, the Local Partner
is the controller for the processing of Your Data. Local Partner determines for
what purposes Your Data will be processed and which means will be used to
process Your Data.
8.2.
Red
Cross-Flanders will not process your personal data in any way and can therefore
not be held liable for any misuse or loss of your personal data.
9.
Cookies
9.1.
When
you visit the First Aid App, Red-Cross Flanders collects certain information by
automated means, through the use of cookies.
9.2.
Cookies
are small text files that are installed on your browser, on your computer or on
your mobile device. They ensure that your device is recognised when you revisit
the application. Cookies can have different purposes: to ensure that the
application takes into account the user’s preferences by for example
remembering language preferences, to collect statistical data, to adapt the
content etc.
9.3.
Red-Cross
Flanders uses cookies for different reasons: for the technical and functional
management of the First Aid App, to personalise your visit and to collect
commercial and marketing information. Red-Cross Flanders uses both first- and
third-party cookies and session and persistent cookies:
(i)
First-party
cookies are set by Red-Cross Flanders on the First Aid App
(ii)
Third-party
cookies are cookies installed by other domains (e.g. Google Analytics cookies)
(iii)
Session
cookies are erased when you close the First Aid App
(iv)
Persistent
cookies remain on your device for a specific period of time.
9.4.
Below
you can find a summary of the cookies that Red-Cross Flanders uses:
(i)
Strictly
necessary cookies, which are essential in order to enable you to move around
the First Aid App an its features. These cookies provide basic web
functionality.
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You have the
right to object to placing these cookies any time. However, in this case, the
First Aid App might not fully function.
(ii)
Performance
cookies, which are used to help Red-Cross Flanders to compile statistics in
order to improve and manage the First Aid App.
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Purpose |
Retention period |
Domain |
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These cookies
are set on the First Aid App based on your consent. You have the right to
withdraw your consent at any time.
(iii)
Tracking
cookies, which are used to evaluate and improve the Content and the user experience.
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Purpose |
Retention period |
Domain |
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These cookies
are set on the First Aid App based on your consent. You have the right to
withdraw your consent at any time.
9.5.
You
have the option to accept or reject cookies. If you refuse cookies, Red-Cross
Flanders will only place essential cookies on your device. Red-Cross Flanders
will only place other cookies on your device for which you have given us your
consent. You have the right to withdraw your consent for non-essential cookies at
any time.
You can delete
at any time, the already installed cookies on your device. The following links
may provide you with useful information about how to delete cookies that are
already installed on your device:
If you turn off
certain cookies, some parts of the First Aid App, some graphic elements and
certain features may not be accessible or not look as good as they would
normally do.
(i)
the (use
of) data you entered, obtained and/or processed through or by using the First
Aid App; or
(ii)
any
improper, illegal, incorrect, careless and/or unauthorised use of the First Aid
App or Content by you, or any use thereof contrary to the provisions of this EUP;
or
(iii)
any use of the First Aid App in combination
with any (inappropriate or unsuitable) hardware or software not provided by Red-Cross
Flanders; or
(iv)
any
breach of the present EUP, or of any legal provisions or obligations by you.
To the fullest
extent permitted by law, Red-Cross Flanders shall not under any circumstances be
responsible or liable for any claims, causes of action, costs, damages, losses,
liabilities and expenses arising out of or in connection with the events
specified in this article 10.1.
10.2.
Red-Cross
Flanders is likewise not liable for damage caused by:
(i)
any
deficiencies and shortcomings in the services from the Local Partner;
(ii)
failure
to provide the First Aid App due to Force Majeure, industrial disputes or other
unforeseen circumstances.
10.3.
Red-Cross
Flanders shall in any case never be liable for indirect damages, including but
not limited to the loss of data (including, but not limited to Your Data and
any personal data), earnings, profit or other economic benefits, increase of
costs, loss of customers or personnel, reputational damage.
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11.
Termination |
11.1.
In the
event you commit a material breach regarding any of the provisions or your
obligations under the present EUP, Red-Cross Flanders may terminate the License
and/or the EUP with immediate effect upon providing notification thereof to
you.
A material breach
occurs, amongst others, if:
(i)
you
infringe the rights of Red-Cross Flanders and/or third parties, for example the
Intellectual Property Rights;
(ii)
you use
the First Aid App for unlawful or illegal purposes;
(iii)
you use
the First Aid App to transmit viruses, material intended for promotional or
commercial purposes, illegal or improper material or material that is contrary
to law and order or morals; or
(iv)
you use
the First Aid App in such a way that the First Aid App is damaged, modified,
interrupted or made less efficient in any way.
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12.
Miscellaneous |
12.1.
Red-Cross
Flanders reserves the right to modify the present EUP at any time, effective
upon notifying you of the updated version when accessing the First Aid App for
the first time after the update. If you continue to use the First Aid App after
such notification, You will be considered to have agreed to the updated version
of the EUP.
12.2.
You
accept that Red-Cross Flanders may transfer the EUP (entirely or partially) and
the performance of all or some of the rights and obligations to a third party
without any additional notification.
12.3.
The EUP
is governed by and construed in accordance with the laws of Belgium.
12.4.
Any
dispute arising out of or under the EUP shall be
submitted to the International Federation of Red Cross and Red Crescent
Societies for arbitration.