Terms, Privacy Policy & Data Statement
Terms of Use
These Terms set out the contract between you and us regarding the use of the TRAX app and services. To use the TRAX app and services you must agree to the Terms. You can accept the Terms by clicking to accept or agree to the Terms, or by accessing or using the TRAX app and services.
We may change or amend these Terms at any time by notifying you of the change by email or by posting a notice to the App or on the website. If you use the TRAX app and services after the date on which the Terms have been updated, your use will be deemed to be acceptance of those updated Terms.
INTERPRETATION
“App” means all software involved in the collection, filtering and distribution of geo-data, or otherwise used in connection with the TRAX app and services as we update it from time to time in our discretion.
“Confidential Information” means any and all information (whether that information is oral, written or embodied in any other physical or electronic form) which is obtained directly or indirectly from another party under or in connection with these Terms, and which is marked or stated to be confidential or which by its nature is reasonably intended to be confidential.
“Content” means information uploaded, downloaded or appearing on the Service (whether created by us, you or other users or customers of the Service) including contact data collected through a TRAX app, map data, notifications, alerts, locations, text and photos or other information.
“Account Holder” means the owner of an user registered with us for the collection and filtering of data and who may (at the option of the Account Holder) provide a stream of data associated with that channel, either by distributing selected data themselves or by allowing certain users to input the relevant data (or both).
“Intellectual Property” means any and all intellectual and industrial property rights throughout the world including but not limited to rights in respect of, or in connection with: copyright (including future copyright and rights in the nature of, or analogous to, copyright); trademarks; inventions (including patents); any Confidential Information; service marks; designs; and whether or not existing now and whether or not registered or registrable and includes any right to apply for the registration of those rights and includes all renewals and extensions.
“Personal Information” means information (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an identifiable individual, or an individual whose identity can be reasonably ascertained, from that information.
“Privacy Policy” means our privacy policy, which you can access at Privacy policy.
“Services” means the data recording services provided by us via the App and/or associated websites and social media platforms.
“Site” means the website operated by us at the following URL: https://traxapp.info/ including the public areas of the website available to any user without logging in the portal.
“Terms” means the contract between you and us as set out in these terms and the Privacy Policy.
“we”, “us” or “our” means Animex International Limited, Company number 09855741, a British company with its registered office at Highland House, Mayflower Close, Chandlers Ford, Hampshire, United Kingdom, SO53 4AR
“you” or “your” means the individual or entity who has registered to use the TRAX app and/or services
“Your Content” means all Content collected through your use of TRAX app or the Services or that you input onto the Services.
1.1 Definitions: In these Terms:
1.2 Interpretation: In these Terms, unless the context requires otherwise:
a clause and other headings are for ease of reference only and do not affect the interpretation of these Terms;
b words importing the singular include the plural and vice versa; and
c a reference to:
i a party includes that party’s permitted assigns;
ii £ or pounds is a reference to British currency;
iii personnel includes officers, employees, and contractors;
iv including and similar words do not imply any limitation; and
v a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
2 RIGHT TO USE
2.1 Right to use: We give you the right to access and use the TRAX app or the Services for your own internal purposes. This right is non-exclusive, non-transferable, and limited by and subject to these Terms.
2.2 Updates to Services: You accept and agree that we may amend, update, and/or modify the Services at any time in our discretion. Your rights under these Terms will continue to apply to the Services as modified and updated by us.
3 USE OF TRAX AND SERVICES
3.1 Signing up for a user account: In order to access the Services, you must have a user account with us. Subject to clause 8.3bii, you agree that any information you give to us in connection with your user account or your continued use of the TRAX app or Services is accurate, correct and up to date.
3.2 Access conditions: You must ensure that all usernames and passwords required to access the TRAX app s or Services are kept secure and confidential. You must immediately notify us of any unauthorised use of any passwords or any other breach of security.
3.3 Compliance: You must comply with all operating procedures, training, instructions, documentation, guidelines, or acceptable use policies provided or notified by us from time to time.
3.4 Acceptable use: You must not use the TRAX app or Services for any illegal purpose or activities, or for the transmission or storage of material which is unlawful, defamatory, harassing, invasive of any individual’s privacy, abusive, harmful, threatening, vulgar, pornographic, obscene, otherwise objectionable, or offends religious sentiments, promotes racism, or contains viruses or which may infringe the Intellectual Property of any third party.
3.5 Specific restrictions: When accessing and using the TRAX app or Services, you must:
a not attempt to undermine the security or integrity of our computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
b not use, or misuse, the TRAX app or Services in any way which may impair the functionality of the TRAX app, or other systems used to deliver the Services or impair the ability of any other user to use the Services;
c not attempt to view, access or copy any materials or data other than that to which you are authorised to access;
d not transmit, or input into the Services, any files that may damage any other person’s computing devices or software;
e not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the TRAX app or any software used to deliver the Services or to operate the Site (except as is strictly necessary to use either of them for normal operation) nor communicate the same to any person nor directly or indirectly allow or cause a third party to do so nor otherwise attempt to defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any protection mechanisms in the TRAX app or Services (or any part of them); and
f notify us if you have knowledge of the existence of any circumstance that may suggest that a person may have unauthorised knowledge, possession or use of any part of the TRAX or Services.
3.6 Limits on your use: You acknowledge and agree that we may impose limits or restrictions on your use of the Services, including (without limit) restricting the number of records or surveys you may submit the Services, at any time and at our discretion.
3.7 Limiting access: Without limiting any other right or and remedy available to us, we may, at our sole discretion and without notice:
a limit or suspend your access to the Services or any part of the Services;
b limit or suspend the collection of data via your user account;
c terminate your user account; and/or
d refuse to publish or forward, or delete, edit or remove any of the relevant material or information in the Content, including Your Content.
4 CONFIDENTIALITY
4.1 Your confidentiality obligation: You must preserve the confidentiality of any Confidential Information of any other person (including us) obtained in connection with these Terms or your use of the TRAX App or Services and take reasonable steps to keep Confidential Information in your possession or control secure from unauthorised access.
4.2 Exceptions: Clause 4.1 will not apply to any information which:
a is or becomes public knowledge other than through a breach of these Terms;
b is received from a third party who lawfully acquired it and who is under no obligation regarding its disclosure; or
c is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party.
5 CONTENT
5.1 Your Content: You own Your Content. By using TRAX or inputting Your Content onto the Services, you grant us the right to use, modify, distribute and disseminate Your Content as part of the Services (and you provide us with a perpetual, non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to do the same in respect of any Intellectual Property related to Your Content) and you acknowledge that (subject to clause 5.2) your username and other personal details may be displayed in connection with Your Content. You agree that we have the right to use Your Content to provide, promote, and improve the TRAX app and Services.
5.2 Anonymity: If you have indicated that you wish to be anonymous when inputting Your Content onto TRAX, we will use our best endeavours to ensure that your username and other personal details will not be displayed to other users or any Account Holders as being connected with that Content. Depending on the nature of Your Content, you acknowledge that it may still be possible for us to identify you as the provider of Your Content and to record that information. Your personal information may still be disclosed to certain parties in accordance with clause 6, other than in a manner that associates your personal information with any Content that you have inputted into the Service anonymously.
5.3 No compensation: All use by us, Account Holders or any third party, of Your Content, may be made with no compensation paid to you.
5.4 Other Content: You acknowledge that we do not control any Content provided by any person other than us. By using the Services, you may be exposed to Content or other materials submitted by third parties or other users that may be disturbing and offensive or otherwise objectionable. You acknowledge and agree that we are not responsible for any loss or damage that may be incurred by you as a result of any Content provided by any person, or as a result of any reliance placed by you on the completeness, accuracy or existence of any such Content.
5.5 Links: The inclusion in the Services of links to other sites does not imply any endorsement, approval, or recommendation of, or responsibility for, the contents, operations, products, or operators of those sites. We take no responsibility for any damage or harm arising out of the inclusion of such links.
6 PERSONAL INFORMATION
6.1 Each of you and us agrees to comply with our obligations in the Privacy Policy and all applicable privacy laws in connection with any Personal Information that we collect, store, access or process through the TRAX App and Services.
6.2 You agree that you will have obtained consents from all persons whose Personal Information you collect or make available via the TRAX App and Services as necessary to enable us to validly access and process Personal Information in the manner required for the provision of the Services and the exercise of our rights and performance of our obligations under these Terms
7 INTELLECTUAL PROPERTY
7.1 Our rights: You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Services, including any Intellectual Property rights in the TRAX app or Services (other than those rights, title and interest in the Content retained by users in accordance with clause 5).
7.2 The Services: All future Intellectual Property rights generated by us, or the Services, from Your Content will be owned solely by us and/or our licensors (if any) and by using or accessing the TRAX App or Services you assign and transfer to us all such Intellectual Property rights.
7.3 Indemnity: You indemnify us against any liability, claims, costs (including the actual legal fees charged by our solicitors), and losses of any kind arising from any actual or alleged claim by a third party that our use of Your Content:
a infringes a third party’s Intellectual Property rights or privacy rights;
b is defamatory, objectionable, obscene or harassing;
c is unlawful in any way; or
d is otherwise in breach of these Terms.
8 WARRANTIES AND ACKNOWLEDGEMENTS
8.1 Information stored on the TRAX App: You warrant that you have all rights and have obtained all permissions necessary to collect your Content and disclose Your Content to us and for us to use such information in accordance with these Terms.
8.2 Compliance with laws: You warrant that you will comply with all applicable laws in respect of your use of the TRAX App and Services and information collected using or derived from the TRAX App or Services.
8.3 Warranties about the TRAX App and Services:
a TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE GIVE NO WARRANTY IN RESPECT OF THE SERVICES, WHICH ARE PROVIDED “AS IS”.
b We may provide limited warranties for TRAX App to the purchaser of the TRAX App or as otherwise required by applicable law. The purchaser of the TRAX App may enforce those warranties (if any) in accordance with their terms. EXCEPT TO THE EXTENT YOU ARE ENTITLED TO ENFORCE SUCH WARRANTIES AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE GIVE NO WARRANTY TO YOU IN RESPECT OF THE TRAX APP, WHICH ARE PROVIDED TO YOU “AS IS”.
c Without limiting the above:
i we do not warrant that the TRAX App or Services will meet your requirements, will be uninterrupted or error free, will be free from defects or that they will be suitable for any particular purpose; and
ii due to limitations with gps, internet, radio signals and Bluetooth systems, we do not warrant that Content collected through TRAX App will be complete or error-free. In particular, some false positives or false negatives may occur.
d TO AVOID DOUBT, ALL IMPLIED CONDITIONS OR WARRANTIES ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON-INFRINGEMENT.
e Without prejudice to this clause 8.3, we do not warrant that the TRAX App or Services will always operate or be available, or will operate or be available at all at any time, or the information provided by the TRAX App or Services is complete, true, accurate or not misleading.
8.4 Your responsibility: You acknowledge that the TRAX App and Services are an information tool which can be used for geospatial mapping and reporting, in conjunction with other sources of information. It remains your responsibility to review, interpret and verify all information and outputs provided by the TRAX App and Services. The TRAX App and Services do not constitute, and is not intended to constitute, advice of any kind.
8.5 HEALTH AND SAFETY DISCLAIMER: DO NOT USE THE TRAX APP AND/OR SERVICES WHIST OPERATING A MOVING VEHICLE OR IN CLOSE PROXIMITY TO MOVING VEHICLES. USE OF THE TRAX APP AND/OR SERVICES DOES NOT MEAN THAT YOU ARE PROTECTED FROM ANY HARM, INJURY, VIRUS OR DISEASE, NOR DOES IT MEAN THAT YOU ARE NOT SOLELY RESPONSIBLE FOR YOUR OWN HEALTH AND SAFETY. THE TRAX APP AND SERVICES ARE AN AID TO RECORDING GEOSPACIAL DATA THE USE OF THE TRAX APP AND/OR SERVICES IS NO SUBSTITUTE FOR PROPER HEALTH AND SAFETY PROCEDURES.
8.6 Consents and authorizations: You acknowledge and agree that you are responsible for procuring all licenses, authorizations and consents required for you and your employees, contractors and representatives to use the TRAX App and the Services, including to collect, use, store and input Content using and into, and process and distribute data through, the TRAX App and Services in the manner anticipated by these Terms.
8.7 Warranty: You warrant and undertake to us that you have obtained and will maintain throughout the entire period in which you use or have access to the TRAX App and Services, all licenses, authorizations, and consents required under clauses 6.2 and 8.7.
9 PRIVACY
Without limiting any of your obligations in clause 6 (relating to personal information), you acknowledge and agree that you are responsible for your use of the TRAX App and Services and for the Content collected through your use of TRAX App or the Services or that you submit to the Services. Please refer to our Privacy Policy (which constitutes part of these Terms) for details of the information the TRAX App and Services makes publicly accessible, the data the TRAX App and Services shares with third parties, and what personal data the TRAX App and Services will store.
10 TERMINATION
10.1 Termination by us for cause: We may terminate these Terms and your right to access and use the TRAX App and Services immediately by notice in writing if you:
a are in breach of these Terms and the breach is not capable of being remedied; or
b are in breach of these Terms and, if the breach is capable of being remedied, you have not remedied the breach within seven days of receiving notice of the breach.
10.2 Accrued rights: Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination.
11 CONSENT TO EMAILS AND SMS
11.1 Consent: You agree to receive emails and/or SMS messages from us or any Account Holder to whose project you have subscribed to at any time, including updates and information about the Services as well as any information and offers about our other products and services or the products and services of any Account Holder to whose project you have subscribed to at any time.
12 INDEMNITY
12.1 Indemnity: You indemnify us against all damages, losses and expenses of any kind (including the actual legal fees charged by our solicitors) arising out of any third party claim against us in connection with your use of the TRAX App and/or Services or any information collected through your use of a TRAX App or Services or created or derived from the TRAX App or Services by you, including (without limitation) any claim by any person in connection with any failure by you to comply with any applicable laws or your obligations under clauses 6 or 9 of these Terms.
13 LIMITATION OF LIABILITY
13.1 Excluded losses: We will not be liable for any of the following in respect of these Terms or the TRAX App or Services, however they arise, and even if the event was foreseeable or the possibility had been brought to our attention:
a loss of profit;
b loss of use of the TRAX App or Services;
c loss of any data, including Your Content;
d loss of opportunity;
e loss of revenue;
f loss of contracts; or
g loss of business.
13.2 Indirect loss and loss caused by another: We will not be liable for:
a any consequential indirect or special damage or loss of any kind; or
b any failure to comply with these Terms, caused by your actions or omissions or the actions or omissions of your servants, agents or any other persons whatsoever.
13.3 Limitation on liability: Despite any other provision of these Terms our total aggregate liability for all claims arising under or in connection with these Terms or the TRAX App or Services (including all claims for damage to property, personal injury or death) will not exceed £500.
13.4 Service providers and suppliers: We utilise a range of service providers and suppliers to provide the TRAX App and Services. To the maximum extent permitted by law, those persons (and their officers, employees, contractors and agents) will not be liable to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind arising in any way from the TRAX App or Services or from your use of the TRAX App or Services. This clause creates an obligation that our service providers and suppliers (and their officers, employees, contractors and agents) can enforce, whether as a defence or otherwise.
13.5 Time bar: Despite any other provision of these Terms we will not be liable to you in respect of any claim unless you have notified us of that claim within 12 months of the event giving rise to that claim being reasonably discoverable.
13.6 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of, limiting or excluding any laws or liability that cannot be legally excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited as set out in clause 13.3.
13.7 Force Majeure: We will not be liable to you for any failure to comply with these Terms or delay in complying with these Terms to the extent caused by events beyond our reasonable control.
13.8 Separate limitations: Each of the limitations and exclusions of liability set out in this clause 13 is a separate limitation or exclusion and applies regardless of whether such liability arises in contract, tort (including negligence) or otherwise. To the extent any particular limitation or exclusion is not permitted under applicable law, that particular limitation of exclusion will be deemed not to apply but will not affect any of the remaining limitations or exclusions under this clause13.
14 GENERAL
14.1 Rights of third parties: Except as set out in clause 13.4, no person other than you and us has any right to a benefit under these Terms or will have any right to enforce these Terms.
14.2 Waiver: All of our rights will remain in full force despite any delay in enforcement.
We will not be deemed to have waived any right unless that waiver is in writing and signed by our duly authorised officer. Any waiver will apply only to the particular matter in respect of which it is given.
14.3 Assignment: We may assign our rights and obligations under these Terms (and may transfer our shares, issue new shares of make other arrangements) at any time.
14.4 Subcontracting by us: We may subcontract any of our rights or obligations under these Terms at any time, including any hosting of the Services or Your Content.
14.5 Entire agreement: These Terms express the complete agreement between you and us in respect to the TRAX App and Services. There has been no representation made by either party to the other except as expressly set out in this document.
14.6 Severability: If any provision of these Terms is, or becomes, unenforceable, illegal or invalid for any reason, these Terms will remain in full force apart from such provision which will be deemed deleted.
14.7 Governing Law and Jurisdiction: These Terms and your use of the TRAX App and Services will be governed by, and construed in accordance with, the laws of United Kingdom. You irrevocably submit to the non-exclusive jurisdiction of the courts of United Kingdom with respect to any legal action, suit or proceeding or any other matter arising out of or in connection with these Terms. You irrevocably waive any objection you may now or in the future have to the venue of any proceedings, and any claim you may now or in the future have that any proceedings have been bought in an inconvenient forum, where that venue falls within this clause.
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Data:
The information collected by TRAX App. This consists of recorder name, email address, username, GPS locations, date and times of animal records, and surveys, photographs associated with animal records, classification/name of each animal identified and other record or survey metadata.
Records:
The specific pieces of data shared with us.
Organisations:
Organisations with full access to the data set are members of TRAX App project. Other organisations or individuals that would benefit from the data, such as companies, charities and government bodies with an interest in biodiversity or conservation, may be given access to the dataset.
What data will be collected?
To take part you will need to provide your name, an email address and create a username. Your full name and email address will not be displayed anywhere publicly. Your contact details will not be shared with anyone else, and the project partners will only contact you by email with updates about this and related projects and relevant activities of The Roadkill App, if you request a new password, or if we need further details about one of your survey records. Your username will be used to credit the records and images you submit, if we feature them on a project website, social media or project materials. We need to know your GPS location to record the location of your surveys and animal records.
Where will the data be held and for how long?
Data submitted to TRAX App will be held in several locations by the project team indefinitely. Your surveys and records are submitted directly to a system called Coreo which is a secure online database and user and record management system managed by TRAX App team. Survey and record data will be checked and verified by TRAX App team. Data will be submitted to Coreo and will be stored securely in Digital Ocean throughout the life of the project. Records and surveys may be downloaded, analysed and shared with various individuals and organisations but it will not include users names or contact details.
Who will have access to the data and for what purpose?
TRAX App project team will have access to the data submitted. Data will be verified and analysed by staff related to TRAX App project. Findings will be presented in a range of outputs, potentially including atlases, academic journals, magazines, project summaries, blog posts, infographics, leaflets, policy briefs, social media etc. This will help improve the scientific understanding and public knowledge of roadkill across the world. Records of animals with special significance to conservation will be passed to relevant authorities where they exist. The records shared with the National Biodiversity Network (NBN) and local Biological Records Centres will be available to other organisations, such as charities or government bodies with an interest in biodiversity or conservation. Records for sensitive species will be flagged to ensure they are not published or released at resolutions lower than 2km. Members of the general public will also have access at certain resolutions.