This agreement is written in English (UK). To the extent any translated version of this agreement conflicts with the English version, the English version shall prevail. This agreement shall be governed by and construed in all respects in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the English Courts in respect of the interpretation of, and any disputes relating to, this agreement or any of its provisions.
Defined terms used in this agreement are set out at the end of this agreement.
Your use of the Services, this website and the mobile applications is subject at all times to the terms and conditions set out in this agreement (“Terms”). You may not use the Services if you do not agree with the Terms, nor if you are under the legal age or are otherwise incapable or unable to be legally bound by the Terms.
Accessing and updating personal information
When you use Safer services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests. We may decline to process requests at our discretion, for example if, in our opinion, requests are unreasonably repetitive or systematic, require disproportionate technical effort, could jeopardize the privacy of others, could simply be impractical, or for which access is not otherwise required.
Sharing Your Content and Information
You acknowledge that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile phone to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You must not allow any third party to access your account.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to Safer employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations.
How we use Content
Safer may use your Content in a variety of ways from time to time in performing the Services for you – including the following:
We will seek to track and record your phone’s position upon Safer being activated in accordance with its proper use
We will seek to describe your phone’s position, and your details as known to us, to the relevant ARC, your nominated contact/s and/or emergency authorities
Those details are disclosed to any third party not being the ARC or your nominated contact/s on an anonymous basis – we will not otherwise disclose your name or home address without your consent
3. Content and IP
You do not transfer to us your rights of ownership in any of the Content you upload to the Safer website via the mobile application; and you can control how it is shared with your contact/s through your personal account on the Safer website.
All Content that is uploaded, however, is uploaded subject to, and on the basis of, the following rights and obligations:
4. Representations and Warranties
We always use our best endeavours to keep Safer operating as we state in this agreement, but we cannot guarantee it. Your help in this process is vital, and this includes the following commitments, which we rely upon as representations and warranties in agreeing to enter into this agreement with you:
5. Restrictions on use of the Services
Safer users provide their real names and information, with our intentions to keep the same secure as described in this agreement, and we need your help to keep it that way. Here are some undertakings and commitments you make to us relating to registering and maintaining the security of your account, and upon which we are relying as representations in entering into this agreement:
Protecting other peoples’ rights
We respect other peoples’ rights, and expect you to do the same.
The Services may include hyperlinks to other websites that are not owned and/or controlled by Safer.
You acknowledge and accept that Safer has no control over, and assumes no responsibility for, the availability, content, policies or practices of any such websites.
The use of such websites may well be subject to terms, conditions and policies and you must satisfy yourself as to the nature and extent of any such provisions in deciding whether to use the websites.
Our prices and additional or special payment terms (if any) are as set out on our website, as amended and updated from time to time. The regular terms for payment are set out below.
You agree to pay Safer the Monthly Fees together with any VAT thereon in full on their due date without any set-off, counter-claim, abatement, or other similar deduction, for the whole of the Initial Period and/or any Renewal Period as appropriate.
Payment of the Monthly Fees [together with any VAT thereon] must be made Safer by direct debit, unless expressly agreed otherwise by us in writing. Safer will charge an administration fee of £10 on each occasion of failed direct debit processing.
Safer reserves the right to amend the Monthly Fees and/or introduce new fees from time to time by giving you 14 days' notice. Any change to the Monthly Fees payable by you will take effect from the beginning of any Renewal Period. Your use of the Services after receipt of such notice will be taken by us as acceptance by you of such changed Monthly Fees.
Interest shall be chargeable on any amounts overdue from you at the rate of 5% per annum above the Bank of England base rate from time to time. The interest period shall run from the due date for payment until receipt of the full amount by Safer whether before or after judgment and without prejudice to any other right or remedy of Safer. We may also charge you our reasonable administration costs incurred as a result of your late payment or non-payment of any money you owe us.
Either you or Safer may terminate this agreement on 30 days’ notice (by email) if the other party is in breach of a material obligation on its part and does not fix that breach within 30 days’ of being asked to do by the first party.
In any event, either party may terminate this agreement on 30 days’ notice (by email) to the other party.
Please note: simply removing the Safer application from your smartphone does not of itself terminate this agreement, which shall only be effective where undertaken in accordance with these terms and conditions.
We can change these Terms if we provide you notice and an opportunity to comment. Your use of the services from the moment of change of the Terms will be taken by us as acceptance of those changed Terms.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these Terms or Safer exclusively under English law. The laws of England will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on Safer, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
All Services IP and all other rights in the Services shall be owned by and remain with Safer and/or its licensor.
You shall not do or authorise any third party to do any act which would or might invalidate or be inconsistent with any rights held by Safer and/or its licensor in the Services IP and shall not omit or authorise any third party to omit to do any act which, by its omission would have that effect or character.
You shall not modify, adapt, develop, create any derivative work, reverse engineer, decompile, disassemble or carry out any act otherwise restricted by copyright or other IP in the Services, and you hereby assign to us all existing and future IP created in or arising from any of the above, and hereby agree promptly to execute all documents and do all acts as may, in our reasonable opinion, be necessary to give effect to this provision.
Please read these Terms with particular care, as they describe certain exclusions and limitations on liability that may arise during the provision of the Services.
PLEASE REMEMBER – WE ARE NOT REPRESENTING, WARRANTING OR IN ANY WAY
SUGGESTING THAT SAFER IS A REPLACEMENT FOR OR SUPPLEMENT TO THE EMERGENCY SERVICES AND YOUR OWN SAFETY PRECAUTIONS.
WE TRY TO KEEP SAFER UP, BUG-FREE, AND SAFE, BUT YOU USE
IT AT YOUR OWN RISK. WE ARE PROVIDING [CLIENT PRODUCT NAME] "AS IS"
WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. WE DO NOT GUARANTEE THAT SAFER WILL BE SAFE OR SECURE.
SAFER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR
DATA OF THIRD PARTIES, AND YOU HEREBY RELEASE AND INDEMNIFY AND AGREE
TO KEEP INDEMNIFIED NOW AND IN THE FUTURE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOSS OF OPPORTUNITY,
LOSS OF DATA, OR FOR ANY LOSS OF ECONOMIC USE, NOT FOR ANY
CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR [CLIENT
PRODUCT NAME] WILL NOT EXCEED THE GREATER OF ONE HUNDRED POUNDS (£100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SAFER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
NOTWITHSTANDING THE ABOVE TERMS, NOTHING IN THIS AGREEMENT SHALL OR IS
INTENDED TO EXCLUDE OR LIMIT OUR LIABILITY TO YOU FOR DEATH, PERSONAL INJURY OR FOR ANY OTHER LIABILITY FOR LOSS WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED.
These terms and conditions, and policies referred to herein, comprise the entire agreement between you and Safer, and supersede any prior agreements, arrangements or understandings.
You acknowledge and accept that you have not been induced to enter into this agreement in reliance upon any representation, warranty, statement, agreement or undertaking whatsoever, made by us or in respect of Safer, save where the same are expressly set out in this agreement.
If any portion of this agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any rights under this agreement, it will not be considered a waiver of those or any other rights.
You will not transfer any of your rights or obligations under this agreement to anyone else without our consent.
All of our rights and obligations under this agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this agreement shall prevent us from complying with the law.
Save for the licensor of any Content IP, this agreement does not confer any third party beneficiary rights, and the Contract (Rights of Third Parties) Act is hereby excluded.
You will comply with all applicable laws when using or accessing Safer.
By "Safer" we mean the features and services we make available, including through our mobile application, website at www.safer.africa and any other Safer branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); or networks now existing or later developed.
By "Content" we mean any content and/or information that you post on Safer, including without limitation any content and/or information concerning you and your actions.
By “ARC” we mean any alarm response centre, owned and/or operated by Safer or on our behalf, and which will form part of the Services.
By "data" we mean content and information that third parties can retrieve from Safer or provide to Safer through the website platform.
By "post" we mean post on Safer or otherwise make available to us (such as by using an application).
By “Contact” we mean the third party contact details given to us by you when registering for use of Safer as may be amended or updated from time to time.
By “Details” we mean those details given to us by you, and which you are aware may be disclosed in accordance with the Terms.
By "use" we mean use, copy, publicly perform or display, distribute, modify and translate.
By "application" we mean any application or website that uses or accesses the Platform, as well as anything else that receives or has received data from us. If you no longer access the Platform but have not deleted all data from us, the term application will apply until you delete the data.
By “Services” we mean the Safer services as set out on our website from time to time.
By “Services IP” we mean, in respect of and relating to, directly or indirectly, the Services, all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
By “IP” we mean copyright, design right, trade names and trademarks, patent (and any applications for the same), confidentiality, know-how, and in each case where so capable, whether registered or unregistered.
By “Terms” we mean the terms and conditions of this agreement.
By “Monthly Fees” we mean the prices payable for the Services as set out on the app and/or our website from time to time.
Safer respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
Purpose of this privacy notice
This privacy notice aims to give you information on how Safer collects and processes your personal data through your use of this website, including any data you may provide through this website when you register for our service.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Safer Limited is the controller and responsible for your personal data (collectively referred to as "Safer", "we", "us" or "our" in this privacy notice).
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise, please contact the DPO using the details set out below.
Our full details are:
Full name of legal entity: PanicGuard
Name or title of DPO: Safer DPO
Email address: email@example.com
Postal address: First Floor, 52 Fitzroy Street, London, W1T5BT, UK
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the privacy notice and your duty to inform us of changes
This version was last updated on 14 May 2018.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the product or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
We use different methods to collect data from and about you including through:
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Generally, we do not rely on consent as a legal basis for processing your personal data.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new user
Performance of a contract with you and the delivery of our services
To manage our relationship with you which will include:
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
You will not receive marketing communications from us .
We will get your express opt-in consent before we share your personal data with any company outside the Safer for marketing purposes.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We may transfer your data outside the European Economic Area (EEA), for legitimate IT purposes such as storage with our 3rd Party providers who have servers outside of EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
If you wish to exercise any of the rights set out above, please contact us .
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
External Third Parties
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.