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User License

PLEASE READ CAREFULLY BEFORE USING THE APP

This end-user licence agreement (EULA) is a legal agreement between you (End-user, you or your) and AppAttic Limited of 41 Mount Prospect Park, Belfast, County Antrim, BT9 7BG (Licensor, us or we) for:

• Our MEGA ADHD mobile application software, the data supplied with the software, and the associated media (the App); and

• All associated materials, information and documentation relating to the App, whether supplied by us in hard copy or electronic format (the Documents);

the App and the Documents together the Deliverables.

This EULA and the accompanying Privacy Policy were most recently updated on 27 November 2017.

IMPORTANT NOTICE:

• ACCEPTANCE OF THIS EULA: We licence use of the App and Documents to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore), you downloaded the App (Appstore Rules). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.

By downloading the App from the AppStore or clicking on the “Accept” button when registering to use our App, or otherwise by continuing to use the App having been put on notice of the terms of this EULA, you agree to the terms of this EULA which will bind you. Your attention is specifically drawn to the privacy conditions incorporated into this EULA as set out in Schedule 1 (Privacy Policy), the acceptable use restrictions in condition 4, the limitations on liability in condition 7, and the details about using our App in condition 5. If you do not agree to the terms of this EULA, we will not licence the Deliverables to you and you must stop using and/or downloading the App now.

• CHARGES FOR USE OF SOFTWARE: Save where specified below, you will not be charged for accessing or using the Deliverables. However, your access to and use of the Deliverables will be subject always to that access and use taking place in accordance with the terms of this EULA. We do not sell the Deliverables to you. We remain the owners of the Deliverables at all times.

• ABOUT US: Our App is operated by us. We are registered in Northern Ireland under company number NI619643 and have our registered office at 41 Mount Prospect Park, Belfast, County Antrim, BT9 7BG. Our VAT number is 224 3418 35. We are a limited company.

You should print or save a copy of this EULA for future reference.

AGREED TERMS

1. ACKNOWLEDGEMENTS

1.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service and your access to and use of any third party material, content or data accessible in or through your use of the App (Material). If any open-source software is included in the App or any Service, the terms of the relevant open-source licence may override some of the terms of this EULA.

1.2 We may change these terms at any time. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.

1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

1.4 You will be assumed to have obtained permission from the owners of any mobile telephone or other device on which the App may be used (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

1.5 The third party licence terms, available in Appendix 2 below (Third Party Licence Terms) are incorporated into this EULA by reference and apply to your use of the Deliverables, the Services and the Materials. Please be advised that further third party licence terms may apply, particularly in relation to your access to and use of the Material, and that these will also be binding upon you.

1.6 The terms of our Privacy Policy are incorporated into this EULA and apply to any of your data which we may process as part of your use of the Deliverables and Services. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.7 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

1.8 The App or any Service may allow you access to third party Material not produced by us. Third-party Material is not under our control, and we are not responsible for and do not endorse it. The Material may be subject to separate third party licence terms. Your use of, or reliance on, any Material, takes place at your sole risk.

1.9 We reserve the right to amend our Services without warning. We will not be liable if for any reason our App is unavailable at any time or for any period.

1.10 You may link to our App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content or Material on our App other than that set out in this EULA, please contact us.

1.11 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2. GRANT AND SCOPE OF LICENCE

2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a revocable, non-transferable, non-sub-licensable and non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference (subject to termination in accordance with this EULA). We reserve all other rights.

2.2 You may:

(a) download or stream a copy of the App onto the Devices and to view, use and display the App on the Devices for your own personal use and enjoyment and for its functional purposes (as contemplated within the Documents) only; and

(b) access and use the Documents to support your use of the App only.

3. LICENCE RESTRICTIONS

Except as expressly set out in this EULA or where same cannot be restricted or prohibited under relevant law, you agree:

(a) not to copy the Deliverables, except where such copying is incidental to normal use of the Deliverables, or where it is necessary for the purpose of back-up or operational security;

(b) not to sell, resell, rent, lease, sub-licence , loan, translate, merge, adapt, vary or modify the Deliverables or the Material accessible through use of the Services;

(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

(d) not to, or to attempt to, disassemble, decompile, hack, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

(i) is used only for the purpose of achieving inter-operability of the App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to, or has a substantially similar expression to, the App;

(e) not to, or to attempt to, defeat or overcome any encryption technology or security measures implemented by us with respect to the Deliverables or Services and/or data transmitted, processed or stored by us;

(f) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

(g) to include our copyright notice on all entire and partial copies you make of the App on any medium;

(h) to acknowledge all copyright subsisting in all data and content, including the Material, that you access through use of the Services;

(i) not to copy, publish online, distribute to other people, mirror or frame any part of, or Material accessible through use of, our Services or our App. In particular, you may not screen scrape or by any other means attempt to gather the Material (or any other data) from our App or our Services for use other than on our App;

(j) not to provide or otherwise make available the Deliverables in whole or in part (including object and source code), in any form to any person without prior written consent from us;

(k) not to access our Services to build a competing product or to copy the features, functions or appearance of our Services; and

(l) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology), together the Licence Restrictions.

4. ACCEPTABLE USE RESTRICTIONS

You must:

(a) not use the Deliverables, the Materials or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App any Service or any operating system;

(b) not infringe our intellectual property rights or those of any third party in relation to your use of the Deliverables, the Materials or any Service, including in terms of the submission of any material (to the extent that such use is not licensed by this EULA);

(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security (or those of our third party suppliers or licensors) or interfere with other users;

(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;

(f) only use the Services, the Materials and the Deliverables sensibly, properly and in accordance with this EULA,

together the Acceptable Use Restrictions.

5. ACCESSING AND USING OUR APP – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION

5.1 Our App is made available free of charge. We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. Access to our App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our App without notice. We will not be liable to you if for any reason our App is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our App. You are also responsible for ensuring that all persons who access our App through your internet connection are aware of this EULA of use and other applicable terms and conditions, and that they comply with them.

5.2 We may update our App from time to time, and may change the content at any time. We make no representations, warranties or guarantees, whether express or implied, that the content on or accessible through our App, including the Material, is accurate, complete or up-to-date, or free from errors or omissions.

5.3 Our App is directed to people residing in the United Kingdom. We do not represent that content available on or through our App is appropriate or available in other locations. We may limit the availability of our App or any service or product described on our App to any person or geographic area at any time. If you choose to access our App from outside the United Kingdom, you do so at your own risk.

5.4 In order to use the App you must be 13 years of age or older. If you are under 13 years of age, you must have your parent or legal guardian’s permission to use the App. You must not access the App or accept this EULA if you are a person who is either barred or otherwise legally prohibited from using the App under the laws of the country in which you are resident or from which you access or use the App.

5.5 OUR APP IS PROVIDED AS A WELLNESS AND GAMING TECHNOLOGY PLATFORM ONLY. IT IS NOT, AND IS NOT INTENDED TO BE, A MEDICAL TOOL OR AID ON WHICH YOU SHOULD RELY. IN PARTICULAR IT IS NOT INTENDED TO FUNCTION AS A REMINDER TO TAKE ANY MEDICINES OR DRUGS (OR TO RECOMMEND QUANTITIES OR DOSING OF MEDICINES OR DRUGS), AND IT SHOULD NOT BE USED OR RELIED UPON FOR THOSE PURPOSES. WE ADVISE THAT YOU OBTAIN SPECIALIST MEDICAL ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION RELATED TO YOUR HEALTH, WELLBEING OR MEDICAL CONDITION(S) ON THE BASIS OF OUR APP.

5.6 OUR APP IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS, CONSULTATIONS, PRODUCTS, OR ACTIVITIES THAT YOU LEARN ABOUT OR UNDERTAKE AS A RESULT OF USING OUR APP. IF YOU TAKE ANY MEDICINES OR DRUGS IN CONJUNCTION WITH YOUR USE OF OUR APP AND SERVICES THEN YOU AGREE THAT YOU DO SO AT YOUR OWN RISK AND ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES.

5.7 We will not be responsible, or liable to any third party, for the content posted by you or any other user of our App. You are solely responsible for securing and backing up your content.

5.8 We do not guarantee that our App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our App. You should use your own virus protection software.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 You acknowledge that all intellectual property rights in the Deliverables, the Technology and the Material anywhere in the world belong to us, our third party licensors or other content providers, that rights in the Deliverables are licensed (not sold) to you, and that you have no rights in, or to, the Deliverables, the Technology or Material other than the right to use each of them in accordance with the terms of this EULA.

6.2 You acknowledge that you have no right to have access to the App in source-code form.

6.3 Information and data that you input through our App (Submissions) shall belong to you, but you permit us a royalty-free, worldwide, irrevocable, perpetual licence and right to use and display that information and data for any purpose and without any restriction, subject to the terms of the Privacy Policy. This right will continue even if you close your account. You are responsible for making sure that you have all rights in the Submissions that you input as are necessary for you to grant us the foregoing licence and right. You are responsible for ensuring that any Submissions that you input is compatible with our App and our Services. You are also responsible for taking any steps necessary for protecting the rights in the Submissions that you input. We do not accept responsibility for unauthorised use of the Submissions that you input which belongs to third parties.

7. LIMITATION OF LIABILITY – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION

7.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements. In particular, we do not guarantee that the App is compliant with any regulatory or legal requirements to which you may be subject, or which may be in any way relevant to the purposes for the App may be used.

7.2 We only supply the Deliverables to you for your own personal use for their functional purposes, and not for any other purpose. To the extent permitted by law, we shall have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of data or any special, indirect or consequential loss howsoever arising. To the utmost extent permitted by law, we also exclude all conditions, warranties, representations or other terms which may apply to our App or any content on it, whether express or implied.

7.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 7.4 but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.

7.4 Our maximum aggregate liability under or in connection with this EULA (including in respect of your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amounts actually paid by you or the organisation with which you are affiliated or by which you are licenced to use the App and the Services, in respect of the Services over the 12 month period immediately preceding the date of the relevant claim. This does not apply to the types of loss set out in condition 7.5.

7.5 Nothing in this EULA shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation;
(b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(c) breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(d) terms which cannot be excluded or limited under the Consumer Rights Act 2015 (if applicable);
(e) any loss or damage you suffer that is or was a foreseeable result of our breach this EULA, in the sense that it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this EULA; and
(f) any other liability that cannot be excluded or limited by relevant law.

7.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our App or to your downloading of any content on them, or on any website linked to them, or of any Material.

8. TERMINATION

8.1 We may terminate this EULA immediately by written notice to you:

(a) if you breach any part of this EULA;

(b) if we reasonably decide that your use of the Services, Deliverables or the Material:

(i) poses a security risk to us, you, or another person;
(ii) may adversely impact our App, our Services, the Material, the providers of that Material, you, or any other person; or
(iii) may cause us, you, or any other person to incur a liability;

(c) if you attempt to transfer or use your account to/for another person; or

(d) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

8.2 You may terminate this EULA at any time by closing your account through your online account interface.

8.3 On termination or expiry of this EULA for any reason:

(a) all rights granted to you under this EULA shall cease;

(b) you must immediately cease all activities authorised by this EULA, including your use of any Services;

(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so;

(d) we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services; and

(e) we may delete the data related to you and your account, and this information will not be recoverable. It may take up to 90 days for this to be completed as it takes time to work through our systems. We will not be responsible to you for any data that is lost when your account closes. Please note that some material that you input into our systems may not be deleted, and that we may continue to use it in accordance with this EULA.

9. COMMUNICATION BETWEEN US

9.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to support@appattic.co.uk. We may confirm receipt of this by contacting you in writing, normally by e-mail.

9.2 If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your registration for the App.

10. EVENTS OUTSIDE OUR CONTROL

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks or unavailability of data feeds or third party software (Event Outside Our Control).

10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

11. SUPPORT

11.1 Please note that we do not provide support for the App and any queries relating to use of the App or issues around the Services should be reported back to the person by whom you were permitted to use this App, whether that be your healthcare provider or otherwise.

12. OTHER IMPORTANT TERMS

12.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

12.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

12.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

12.5 Please note that this EULA, its subject matter and its formation, are governed by Northern Irish law. You and we both agree that the courts of Northern Ireland will have non-exclusive jurisdiction.

12.6 The terms are in English, and any contract and other communication between you and us shall be in English. The law requires that some of the information or communications we send to you is in writing.

12.7 You accept that communication with us will be mainly electronic, through our App or by e-mail, and that this constitutes written communication.

12.8 When contacting you we will use the telephone, e-mail or postal address you provide to us when registering, or any replacement to those details that you have entered into your account on our App.

12.9 Any official communication or notice from you to us should be sent to our postal and e-mail addresses shown at the top of this EULA.

12.10 The terms of this EULA (including the Privacy Policy): (i) set out the entire agreement between you and us regarding our App and our Services; (ii) supersede all previous or contemporaneous representations, agreements or communications between you and us regarding our App or our Services. We will not be bound by any obligation, condition or other provision that is different from or in addition to those set out in this EULA unless authorised by one of our directors and specifically stated to be a variation to this EULA.

This agreement has been entered into on the date you click “Accept” to signify that you have read and accept this EULA, and that you agree to be bound by its terms with respect to your use of the App, Services and the Documents.


APPENDIX 1 – PRIVACY POLICY

We are committed to protecting and respecting your privacy. This policy sets out the basis on which any data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your data and how we will treat it. Unless otherwise defined in this Privacy Policy, the terms used herein will have the meaning given to them in the EULA. This policy (together with our EULA) applies to our App, Services and Deliverables each as defined in the EULA.

For the purpose of the Data Protection Act 1998, we are the data controller. We are registered with the Information Commissioner’s Office for the processing of personal data under registration number ZA163941.

ANONYMITY

We are committed to protecting and respecting your privacy by eliminating the collection of personally identifiable data where possible. Use of the App does not require email or social registration and does not require submission of any personally identifiable information. For example you are not required to provide the App with your: first or last name, physical address, email address, telephone number, social security number or photograph. The App does not collect geolocation information which would sufficient to identify your street name. The App does not use or integrated with any third party applications which will collect personal data, such as Facebook. The App does not use any third party tracking applications, such as Google Analytics. The App does require you to provide some basic, anonymised, demographic information and health information on first use. Please note that although passive use of the App will not entail the collection of any personal data by us, this does not mean that we may not collect or hold personal data about you in certain circumstances, for example where you contact us in relation to your use of the App or the Services.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

Submitted Information: information that you provide when using or interacting with the App and the Services. This includes information provided at the time of registering to use the App, the AppStore, or any of the Services, subscribing to any of the Services, making an in-App purchase (if applicable), interacting with the App or uploading data (including details of your consumption/non-adherence of drugs or medicines, your mood, general location and your touch responses) or requesting further Services, including, without limitation, your email address, name, company details (including your role), personal comments and details of your in-game interactions. We may also ask you for information when/if you report a problem with the App or the Services.

Additional Information:

  • If you contact us, we may keep a record of that correspondence (including any personal data comprised in that correspondence);
  • Any data submitted in relation to surveys you undertake in connection with your use of the Deliverables and the Services;
  • Details of interactions you undertake through our Services; and
  • Details of your visits to any of our App and use of our Services, save to the extent we have indicated it will not be collected above, including, but not limited to, text that you upload, weblogs, search results and other communication data, and the resources that you access.

Device Information: Address of the Device’s wireless network interface, mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, and other information related to your Device.

Unique Application Numbers: when you install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.

Technical Information: Each time you visit one of our App or use our Services we may automatically collect information about your device, including where available details of the type of device you use, a unique device identifier (for example, your device’s IMEI number), your IP address, your operating system, the type of browser you use and time zone setting. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

Third Party Information: We work closely with third parties (including, for example, business partners, advertising networks, analytics providers, search information providers, credit reference agencies or software providers such as Fitbit® (who may feedback sensitive personal data relating to your health to us) Google® or Facebook®) and may receive information about you from them (again on the basis disclosed above).

IP ADDRESSES AND COOKIES

We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your device. Cookies contain information that is transferred to your device’s hard drive. They help us to improve our App and to deliver a better and more personalised service. Again, you will not be personally identifiable through our use of these cookies.

We may use third party cookies to enhance your user experience. Such third party cookies will be governed by their own terms and privacy policies, so you should read these before giving your consent to enable these third party cookies.

WHERE WE STORE YOUR INFORMATION

Mega ADHD does not collect any personally identifiable information. All data collected is sent through SSL and stored on Microsoft Azure could server (North Europe Region – Ireland). We use an iterative hashing algorithm, with per user salt, and a derived key (PBKDF2). Whilst we store data using security methods, have internal protocols for data access and use reasonable commercial endeavours to store all information you provide to us safely and securely, unfortunately, the transmission of information via the internet, or storage of information digitally, is never completely secure. Although we will do our best to protect your data by not actively collecting personally identifiable data and by using SSL for encrypted transmission of data from App to Server, we cannot guarantee the security of your data transmitted to us or our App or otherwise or the data transmitted when using the Services or the App. Any transmission is at your own risk. Once we have received your information, we will use reasonable commercial procedures and security features to try to prevent unauthorised access. In the event that any personal information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate and possible, notify you where your information may have been compromised. We may collect and store data on your device using application data caches and browser web storage (including HTML 5) and other technology.

Data may be processed by staff operating outside the European Economic Area (EEA) who work for us or for one of our suppliers, including our hosting services provider. These staff may, for example, be engaged in the provision of support services. These countries may not have as stringent data protection regimes as EEA countries. By submitting your data (including any personal data you actively provide to us), you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. Where we have given you (or where you have chosen) a password that enables you to access the App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

USES MADE OF YOUR INFORMATION

We may use information we collect or hold about you in the following ways:

  • to carry out our obligations arising from any contracts entered into between you and us or us and the person by whom you are authorised to use the App;
  • to allow you to participate in interactive features offered by the App, where you choose to do so;
  • to contact you to check on your progress in your use of our Services, and to discuss any subscription issues;
  • to ensure that content from our App is presented in the most effective manner for you and for your computer or device;
  • to send you a newsletter or other marketing communication;
  • for the purposes of system administration;
  • to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
  • to report feedback and analysis on your performance;
  • to notify you about changes to our service; and
  • to publish reports on an anonymised and aggregated basis.

We do not disclose information about identifiable individuals to third parties, but we may provide them with anonymised information about our users (for example, we may inform them that a given subject of a particular age has experienced a given side effect, utilised the App in a particular way or taken their medicines at a particular frequency). This information may, but will not necessarily be, aggregated. We may also use such information to help third parties better understand audiences (for example, people with specific conditions). We will make use the data we have collected from you to enable us to provide anonymised information to third parties on this basis.

By accepting the terms of this privacy policy you are consenting to the various uses of your information described above by us. However, if you wish to withdraw your consent, please notify us by emailing us at support@appattic.co.uk.

Please note that if you do withdraw your consent we may be unable to provide some or all of our services, and/or the use of Deliverables or Services, to you, and you accept and acknowledge that we have no liability to you in any such event.

DISCLOSURE OF YOUR INFORMATION

Whilst we do not typically hold personal data relating to you (as outlined in the anonymity clause at 9 above), we may disclose information provided by you to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.

We may disclose your information (including personal data where held) to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your data to the prospective seller or buyer of such business or assets.
  • Where reasonably required in order to use your information as outlined above, provided that we shall not typically disclose details of personal data (data identifying you personally) to third parties, but will rather release such data on an anonymised (and typically, but not exclusively, aggregated) basis.
  • If we or substantially all of our assets are acquired by a third party, in which case data held by us about our customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your data in order to comply with any legal or regulatory obligation or request, including with respect to requests regarding licensing of copyrighted content
  • In order to:
    * enforce or apply the EULA, the Commercial Licence, and any other relevant agreements or to investigate potential breaches; or
    * protect our operation, rights, property or safety, that of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

YOUR RIGHTS

We will not provide your individualised data to any third party (save as outlined above), including any marketing company or other commercial organisation, without your explicit and express consent.

Our App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or the Services are advertised). If you follow a link to any of these websites, 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, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.

ACCESS TO INFORMATION

The Data Protection Act 1998 gives you the right to request personal data held about you. As we do not typically hold personal data relating to you (as outlined in the anonymity clause at 9 above), this will impact our ability to provide you with data relating to you should you make a subject access request. If you make a right of access request we may require you to provide further information for example, to provide us with a device number, in order to deal with your subject access request which can be exercised in accordance with the Act, and you can contact us at our registered address as given above or by emailing support@appattic.co.uk. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

You also have the right to ensure that we hold correct and up to date information. If you believe that any information we hold about you is incorrect or out of date, please contact us at support@appattic.co.uk. We may need to ask you for further information and identification to help us to comply with this request.

CHANGES TO PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page without further recourse or notice to you and, where appropriate, notified to you via the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to support@appattic.co.uk.


APPENDIX 2 – THIRD PARTY LICENCE TERMS

Our App utilises third party software which is subject to certain third party licence terms. Accordingly the following terms and conditions shall apply to your use of our App in addition to the provisions set out in the main body of this EULA, as well as any other relevant third party licence terms which may apply from time to time:

• UTNotification – Unity Asset – Asset Store EULA – https://unity3d.com/legal/as_terms
• JSON .NET For Unity – Unity Asset – Asset Store EULA – https://unity3d.com/legal/as_terms
• DOTween – Unity Asset – Asset Store EULA – https://unity3d.com/legal/as_terms
• PlayerPrefsX – Unity Asset – AssetStore EULA – https://unity3d.com/legal/as_terms
• Log Viewer – Unity Asset – AssetStore EULA – https://unity3d.com/legal/as_terms