Heartbond App Privacy - T&C

Heartbond Mobile Application
Privacy Policy & Terms of Service

Dated: 07 December 2018

Heartbond Ltd (“Heartbond,” “we,” or “us” ) is committed to protecting your privacy. This Privacy Policy and Terms of Service governs your use of any software applications created by Heartbond Ltd (Heartbond application, the “App”) on mobile devices.

Our Ethos and Overview

***The Heartbond App IS NOT A MEDICAL DEVICE ***

While it will provide you with interesting heart rate data, it is designed to be used as a leisure/entertainment/wellbeing tool.

Our desire is to offer you the Heartbond App as a tool to help you connect your heart with another person and build stronger and happier relationships. Our ethos is to secure your privacy to the best of our ability – we do not register, log you in, nor chase you to buy things. Your heart rate data is processed and stored on your device and your Heartbond partner’s device, but this is simply to allow the app to function. Sometimes we will host advertising banners to help us fund our research into heart connection, and sometimes we may offer links to social media sites to allow you to share your results. These third-party offerings have their own Privacy Policies and Terms of Service, so do read those if you are concerned about your privacy or the third-party terms of service. Here are the details…

1. User Consent

By using our App, you are consenting to the processing of your heart rate data for personal use and for its sharing with a named other user. You also consent for the use of your Personal Data as set out in this Privacy Policy. Processing means using data collected on a computer/hand held device or using or touching information in any way, including but not limited to, collecting, storing, deleting, using, combining and disclosing information. “Personal Data” means data that allows someone (In the case of this App, for instance a third-party collector of data from the App), to identify or contact you including, for example, your name, address, telephone number, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

2. Types of Data We Collect on the App & How We Collect & Process It

Personal Identification Data - The APP does NOT have a registration or login process so no personal data such as name or email address is collected or stored by Heartbond Ltd.

Heart Rate, Processed Heart Rate Data and In-app Personalisation Data - You and the other Heartbond user have complete privacy in respect of your heart rate and processed heart rate data. In using the app with another user you do however agree to share your personal heart rate data with them and you both remain responsible for its privacy and security. The HOST of a session will take control of the GUEST session and be able to start and stop the session on your phone by transmitting control data. This control is only over the Heartbond app functionality while you are both running the App. To close the Wifi link and therefore any control over your phone, close the App manually or close the Wifi manaually in Settings.

Heartbond, Google Play, any third-party advertiser who may display an advertising banner on the App, any third-party social media app hyper-linked on the App, or any third-party website that may be hyper-linked on the App, cannot collect or share your personal heart rate data.

Your heart rate data is recorded using the device camera and is processed to extract useful information from it for display within the App. The App has no links to an external server or website so NO processing is carried out externally from the App.

Your heart rate data and processed heart rate data is stored in the memory of your device. This data is also transmitted in near realtime to one other user's device with whom you have agreed to share data using the App’s Wifi Direct software, and the data is stored on their phone. The second user’s data is also transmitted to your phone and stored in your device’s memory. Heart rate and processed data is stored indefinitely for individual app sessions on both phones, until users delete the data using the app.

If you opt to personalise an App session, your name and partner’s photo are stored in the App memory to save you typing in your name each new session. We and third-parties such as Google) do not have access to your name or any other personal details via the Heartbond app software, but third-parties may have access to personal data if for instance you follow a link on the App to a social media site owned by a third-party, and you have given permission for these organisations to access and process your personal data.

Wifi-Direct Privacy - Wifi-Direct has a range of up to 100 metres and is not linked to the internet. This does mean that your phone will pick up other local devices and those same devices will pick-up your device. Your data cannot be transferred unless you invite a device to join the Wifi-Direct network and they agree to this. This therefore protects your personal heart rate and processed data.

Information Collected from Social Networking Sites - On occasions we may place hyperlinks on the App to social media sites to allow you to share your results with other social media users. These third-party sites may collect personal data from you in accordance with their terms of use and privacy policy. You are advised to make yourself aware of these policies and terms of service.

3. Third Party Data Collection

a. Automatic Data Collection for Analytics. As the App is published on the Google Play (Google LLC) platform, it automatically collects analytical data to help them and Heartbond Ltd understand how the App is being used, such as the frequency and duration of usage, types of device that use the app and the country location of users. In installing and using the app you agree to Google LLC's Privacy Policy and Terms & Conditions which can be found at https://www.google.com/analytics/terms/us.html. By publishing the app we have agreed to be bound by the Google Analytics Privacy Policy and Terms& Conditions. We will monitor the Google Analytics data to help us optimise the user experience and to roll-out the app to a larger user base, but we will never use the data to contact a user directly. If you cannot accept the Google Analytics Privacy Policy and Terms & Conditions , please close and uninstall the app.

b. Third-party Advertising Data Collection. On occasions we may show adverts on the App and work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in the App. This will help us to keep the cost of our App free. Heartbond Ltd will display the apps and use any information from them in accordance with the advertisers Privacy Policy/ Terms & Conditions.

Advertisers and advertising networks use some of the information collected by the App, including the unique identification ID of your mobile device; however, advertisers will not have access to any other identifiable Personal Data, such as any heart rate information. These third parties may also obtain information about other applications you have downloaded to your mobile device, the mobile websites you visit, your non-precise location information (e.g., you zip code), and other non-precise location information in order to help analyze and serve anonymous targeted advertising on the App and elsewhere. If you would like to opt-out from third party use of this type of information to help serve targeted advertising, you can stop all collection of information by an App easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

c. Third Party Websites. On occasions we may link the App to external websites owned by a third-party. When you click on a link to any other website or location, you will leave our Application and go to another site and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites.

d. Cookies. This App does not use cookies, although our website www.heartbond.co.uk and our sister site www.iloveyouloveme.com do use cookies to monitor usage and to help us optimise the user experience. You can view these separate Privacy Policies and Terms & Conditions on these websites.

4. Android Permissions

The App uses several functions on your device that allow it to function. Google requires that these functions are separately permissioned by the user Dialogue boxes requesting permission will be delivered to the user on first using the app. They are as follows:

Camera – App needs this to measure your heart rate.

Storage – App needs this to store your data and then allow you to play it out or re-display it on your own third-party software.

Location – App needs this to allow the Wifi-Direct to work but NO location information is used in the App nor is it collected or shared.

5. Children

Although this App has no content that is unsuitable for children, it has been designed for adult use.This App must not therefore be used by children under the age of 13. We do not use the App to knowingly solicit data from or market to children under the age of 13.

6. Changes to This Privacy Policy or Terms of Service

Because we do not hold any personal data for you we cannot contact you to advise you of any future changes to this Privacy Policy or Terms of Service. You are therefore responsible for making yourself aware of any changes that might be made in the future to this policy by checking the update Privacy Policy & Terms of Service on the App or on our website www.heartbond.co.uk, as it may be changed from time to time.

This mobile application (the “App”) is made available by Heartbond Ltd, a company limited by guarantee and registered in England and Wales with number 11685642 and with registered address 2 Mill Field, Barnston, Dunmow, Essex,England, CM6 1LH (“HeartBond”, “us”, “we” or “our”).

You, the user of the App, confirm your acceptance of these App terms of use (“App Terms”). If you do not agree to these App Terms, you must immediately uninstall the App and discontinue its use. These App Terms should be read alongside our Privacy Policy, above.

General Terms

App and Related Terms

These App Terms incorporate Google Android’s * terms and conditions and privacy policies. * Android is a trademark of Google LLC (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.

We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.

Use of the App

You must be at least 13 years of age to use the App.

Heartbond Ltd hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”). All other rights in the App are reserved by HeartBond Ltd.

In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.

1. App Functionality

*** EPILEPSY WARNING! App displays pulsating/ripple images.
Do not use if you suffer from photosensitive epilepsy***

The App provides a variety of options to measure and compare your heart rate variability compared to the heart rate variability of a second user in order to make an estimate of the strength of bonding in the relationship you have with that person.

Heart rate is estimated from the blood pulse recorded in your finger, by the mobile device video camera. No guarantees are provided by Heartbond as to the accuracy of the heart rates or bonding measure, and the bonding score should only used as an estimate of psychological bonding. The bonding scores will be unreliable if the heart rates of the user is not accurately recorded via the finger placed on the camera lens.

*** DO NOT LOOK DIRECTLY AT THE FLASHLIGHT NOR POINT IT AT ANOTHER PERSON'S EYES***

You are advised that the flashlight will illuminate throughout a session to allow recording of the pulse and this creates a bright light and some heat, as well as additional heat from the devices other functionality. In using this app you agree not to place your finger directly over the flashlight and not to look into the flashlight or shine it in the eyes of another person. If your device becomes excessively hot, you agree to switch it off and let it cool down. Heartbond Ltd will not accept any liability for damage to your mobile device that is caused by running the app for extended periods of time that causes over-heating.

***The Heartbond App IS NOT A MEDICAL DEVICE ***
The Heartbond App is designed as a leisure/entertainment device to aid a sense of wellbeing. You understand and agree that the App services and products and any other information you learn from Heartbond are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care .

You should seek appropriate professional medical advice before taking or refraining from taking any action in reliance on any information contained in the App, or if you have any concerns about your heart or cardio-vascular health.

The App may not work accurately for anybody with heart irregularities such as atrial fibrillation, flutter or intense ventricular contractions, thick or calloused skin on fingers, or who are unable to sit still for a period of time.

Do not use the App while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.

Hardware/Software Compatibility on Different Manufacturer Devices - You are advised that the App may not work on all devices dues to hardware and software limitations of individual manufacturers and devices.

2 Third-Party Costs and Terms of Service

You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App (for instance browsing external or third-party websites) or any such third-party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

You acknowledge that where you use services provided by Google (or any other third parties) in connection with your use of the App, you will be subject to Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.

3. Intellectual Property

The Heartbond name and logo, and other Heartbond Ltd trademarks, service marks, graphics and logos used in connection with the App are trademarks of Heartbond (collectively “Heartbond Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Heartbond Trademarks and Third-Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Heartbond or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Heartbond and its licensors.

Prohibited Uses

You agree not to use the App in any way that:

- is unlawful, illegal or unauthorised;

- is defamatory of any other person;

- is obscene or offensive;

- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

- infringes any copyright, database right or trade mark of any other person;

- is likely to injure, harass, upset, embarrass, alarm or annoy any other person;

- is likely to disrupt our service in any way; or

- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

- Indemnification

You agree to indemnify Heartbond for any breach of these App Terms. Heartbond reserves the right to control the defence and settlement of any third-party claim for which you indemnify Heartbond under these App Terms and you will assist us in exercising such rights.'

4. No Promises

Heartbond provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Heartbond does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content.

No promises are made by Heartbond as to your psychological or romantic compatibility with another user based on the App bonding scores and no liability is accepted by Heartbond for any psychological or material consequences of any relationships formed that are based on the bonding scores from the App or from using the App.

To the fullest extent permitted by applicable law, Heartbond hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.

5. Exclusion of Heartbond Ltd's Liability

Nothing in these App Terms shall exclude or in any way limit Heartbond’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.

To the fullest extent permitted under applicable law, in no event shall Heartbond be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, personal injury, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device damage, failure or malfunction.

Heartbond shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.

In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall Heartbond’s liability arising under or in connection with these App Terms and your use of the App exceed £50.

6. General

These App Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute between them arising under or in connection with these App Terms.

If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

7. Contact Us

Heartbond welcomes your comments or questions regarding this Privacy Policy and Terms of Service. Please email us using contact link on this website.

END

HEARTBOND

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