assist-Mi Terms of Service
Ways that we collect information
We may collect and process the following personal information or data about you and others (information which has been supplied by you as the user of the assist-Mi Site and/or the assist-Mi App and which can be uniquely identified with you or others): Certain information required to register with our Site or app, download the App or access other services provided by us, including your name, address, email, mobile telephone number and any other telephone number you may provide to us; Information in relation to your mobile services provider or to your internet services provider which you may communicate to us in the course of using the Site or the App or any of our services; Your name, e-mail address and a password to log in to the Site or App; Photos, video and other content you may upload in the course of using the Site, the App or any services we offer; Your location; A record of any correspondence between you and us; Information on your utilisation of the Site and the App and the resources that you access; Information we may require from you when you report a problem with our Website or our App.
We only collect such information when you choose to supply it to us. You do not have to supply any personal information to us but you may not be able to take advantage of all the services we offer without doing so.
Information is also gathered without you actively providing it, through the use of various technologies and methods such as Internet Protocol (IP) addresses and cookies. These methods do not collect or store personal information.
An IP address is a number assigned to your computer or other device by your Internet Service Provider (ISP), so you can access the Internet. It is generally considered to be non-personally identifiable information, because in most cases an IP address can only be traced back to your ISP or the large company or organisation that provides your internet access (such as your employer if you are at work).
We use your IP address to diagnose problems with our server, report aggregate information, and determine the fastest route for your computer to use in connecting to our site, and to administer and improve the site.
1. Your Acceptance
2. assist-Mi® Service
These Terms of Service apply to all users of the assist-Mi® Service. Information provided by our users through the assist-Mi® Service may contain links to third party websites that are not owned or controlled by assist-Mi®. assist-Mi® has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, or messages replied or two way communication carried out by you or the services provider. In addition, assist-Mi® will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that assist-Mi® shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. assist-Mi® Access
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide assist-Mi® with your email and full name. You expressly acknowledge and agree that in order to provide the Service, assist-Mi® may periodically access your location on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your email and full name, you must provide accurate and complete information. You hereby give your express consent to assist-Mi® to access your location only when you’re in an active request assistance mode in order to provide and use the Service. You also accept to provide your location when requesting assistance so that a service provider can anticipate your arrival. We do collect names, addresses or email addresses and mobile phone numbers. You are solely responsible for the status messages that you submit and that are sent from your mobile phone using the assist-Mi app on the assist-Mi® Service. You must notify assist-Mi® immediately of any breach of security or unauthorised use of your mobile phone. Although assist-Mi® will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of assist-Mi® or others due to such unauthorised use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc. that accesses the Service in a manner that sends more request messages to the assist-Mi® servers in a given period of time than a human can reasonably produce in the same period by using the assist-Mi® application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, assist-Mi® grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. assist-Mi® reserves the right to revoke these exceptions either generally or in specific cases. While we don’t disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by assist-Mi® clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the assist-Mi® Service along with assist-Mi® created text, scripts, graphics, interactive features or geo-location and the like, except Status Submissions (as defined below), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to assist-Mi®, subject to copyright and other intellectual property rights under English and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only assist-Mi® to access service providers and reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Service for any commercial purposes.
5. User access Micro profile
A. The assist-Mi® Service allows assist-Mi® users to inform their access information at registration, other communications submitted by you, as well as the automatic submission of your “last seen” status (collectively, the “Micro profile”). These Status Submissions may be hosted, shared, and/or published as part of the assist-Mi® Service, and may be visible to other users of the Service and that is service providers. For clarity, direct messages, location data or files that you send directly to other assist-Mi® users will only be viewable by those assist-Mi® business user(s) or group(s) you directly send such information to;
assist-Mi® is registered under the Data Protection Act 1998 (the “Act”). The Act sets out a number of important principles that organisations must apply when processing personal data. For more information see http://www.ico.gov.uk/
B. You shall be solely responsible for your own messages and assistance requests but should be in line with relevance of reasonable assistance when using assist-Mi® to enhance disability assistance.
Any consequences of instant messaging between an assist-Mi app user and a service provider assist-Mi® is only acting as a repository of data, user do not necessarily represent the views or opinions of assist-Mi®, and assist-Mi® makes no guarantees as to the validity, accuracy or legal status of any request. In connection with requesting assistance, the service is in place to improve access for disabled people accessing goods and services in our community. Abuse of the service will not be tolerated by assist-Mi® as it is genuine disabled people we aim to assist as a modern day “doorbell” the assist-Mi way. You also affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorise assist-Mi® to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all assist-Mi® to enable inclusion and use of assist-Mi® in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person using assist-Mi® to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the assist-Mi® service, however by submitting a request to assist-Mi® service provider, you hereby grant assist-Mi® a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform assist-Mi® in connection with the assist-Mi® Service and assist-Mi’s ® (and its successor’s) business, including without limitation for promoting and redistributing part or all of the assist-Mi® Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the assist-Mi® Service a non-exclusive license to access your assist-Mi® through the Service. The foregoing license granted by you terminates once you remove or delete a Status Submission from the assist-Mi® Service.
C. In connection with assist-Mi®, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant assist-Mi® all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage assist-Mi® or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs items that would be used as a weapon and cause damage to the wider assist-Mi® brand and service; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks. You not allowed to use assist-Mito identify your location for any illegal means such as stealing lighters of your friends all accidentally on purpose.
D. Adult content must be identified as such. assist-Mi® does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and assist-Mi® expressly disclaims any and all liability in connection with assist-Mi® users. assist-Mi® does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and assist-Mi® will remove all content and communication used if properly notified that such content or infringes on another’s intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the assist-Mi® user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at assist-Mi.com. assist-Mi® reserves the right to remove content and Status Submissions without prior notice. assist-Mi® may also terminate a user’s access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Status Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorised assist-Mi® employees, agents or subagents. assist-Mi® also reserves the right to decide whether content or communication is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. assist-Mi® may remove such Status Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the assist-Mi® Service you will be exposed to Status Submissions from a variety of sources, and that assist-Mi® is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such requesting assistance and using our instant messaging tool with service providers, and that such Status Submissions are not the responsibility of assist-Mi®. You further understand and acknowledge that you may be exposed to communication that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against assist-Mi® with respect thereto, and agree to indemnify and hold assist-Mi®, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the assist-Mi® Service.
F. assist-Mi® permits you to link to materials on the Service for personal purposes only. assist-Mi® reserves the right to discontinue any aspect of the assist-Mi® Service at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ASSIST-MI® SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ASSIST-MI®, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. ASSIST-MI® MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ASSIST-MI® SERVICE. ASSIST-MI® DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ASSIST-MI® SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND ASSIST-MI® WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT ASSIST-MI® SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by assist-Mi® from its facilities in England United Kingdom. assist-Mi® makes no representations that the assist-Mi® Service is appropriate or available for use in other locations. Those who access or use the assist-Mi® Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless assist-Mi®, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the assist-Mi® Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the assist-Mi® Service.
9. Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the assist-Mi® Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the assist-Mi® Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. assist-Mi® is the company of the Service, with an address at Business Innovation Centre, Sunderland SR5 2TA info at assist-Mi.com.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by assist-Mi® without restriction.
The Information assist-Mi® Collects
assist-Mi® may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone location, push notification name, instant messaging (if applicable), billing information (if applicable) and mobile device information to assist-Mi® when choosing to participate in various uses of the assist-Mi® Service, such as registering as a user, updating your status or requesting assistance.
Cookies Information: When you visit the assist-Mi® Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. assist-Mi® uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the assist-Mi® Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the assist-Mi® Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the assist-Mi® Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any information, including time and date stamps and the mobile phone location the messages were sent from and to.
The Information assist-Mi® Does Not Collect
The contents of messages that have been delivered by the assist-Mi® Service are not copied, kept or archived by assist-Mi® in the normal course of business. The assist-Mi® Service is meant to be a core service requesting assistance and use of instant message tool using data service through a user’s phone (either via mobile network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be an assist-Mi® business or user), if that recipient is online. If the recipient is not online, the undelivered message is held in assist-Mi® server until it can be delivered. If the message is undelivered for thirty (30) days, the undelivered message is deleted from our servers. Once a message has been delivered, it resides on our servers or that of the service provider you the customer are or is requesting a service. The contents of any delivered messages are kept or retained by assist-Mi® — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s devices (and which may be deleted at the user’s option). Notwithstanding the above, assist-Mi® may retain date and time stamp information associated with delivered messages and the mobile member involved in the messages, as well as any other information which assist-Mi® is legally compelled to collect. Files that are sent through the assist-Mi® Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our policies.
The Way assist-Mi® Uses Information
When assist-Mi® Discloses Information
Service providers offering the assist-Mi® Service may see your username in a way that is consistent with the use of the assist-Mi® Service
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the assist-Mi® Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the assist-Mi® Site / service. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as UK . Copyright Law), international law or respond to a court order, court judgement, or court warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. assist-Mi® also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that assist-Mi® believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the assist-Mi® Site, app or our servers, and to protect the rights, property, or personal safety of assist-Mi®, our users or others.
Third-party Advertisers, Links to Other Sites
We are not fans of advertising. assist-Mi® is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, will update this section.
Our Commitment To Data Security
assist-Mi® uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to assist-Mi® and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the assist-Mi® Service is never recommended. Once we receive your transmission of information, assist-Mi® makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If assist-Mi® learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. assist-Mi® may post a notice on the assist-Mi® Site or through the assist-Mi® Service if a security breach occurs.
Our Commitment To Childrens’ Privacy
Protecting the privacy of young children is especially important. For that reason, assist-Mi® does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the assist-Mi® Site or assist-Mi® Service from persons under 16 years of age, and no part of the assist-Mi® Service is directed to or intended to be used by persons under 16. If you are under 16 years of age, then please do not use the assist-Mi® Service or access the assist-Mi® Site at any time or in any manner. If assist-Mi® learns that Personally Identifiable Information of persons under 16 years of age has been collected on the assist-Mi® Site or assist-Mi® Service, then assist-Mi® may deactivate the account and/or make the status submissions inaccessible. And always, think of the children!
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
In the event that assist-Mi® is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice
Date Last Modified:
This Privacy Notice was last modified November 2nd 2013