EnigmaREACH App Terms and Privacy Notice

EnigmaReach Mobile App Privacy Notice

Last Updated: May 2024

Ovarro LD Limited of Ovarro House, Parklands Business Park, Denmead, Hampshire, P07 6XP ("Ovarro", "us" or "we") is committed to protecting and respecting individual’s privacy.

This notice sets out the basis on which Ovarro processes your personal data provided directly from you or your employer or another entity that has authorised you to access the EnigmaREACH App.

This notice applies to the use of:

The EnigmaREACH mobile device-based software used to receive, capture and send data to Ovarro’s business customer’s profile on Ovarro’s Atrium platform ("the App"), once you have downloaded a copy of the App onto a mobile telephone or a tablet ("Device") or access a preinstalled App.

Any of the services accessed via the App are provided under an agreement our business customer (your employer or any relevant third-party) have entered into with Ovarro.

Information We Collect About Users

We may collect and process the following data about you (“the User” of the App):

Information you give us: you may give us certain information about you by registering on and using the App, or send to us via the App. The information you give us may include name, address, e-mail address, the Device's phone number and location and any information within the photos shared via the Device.

Personal Data your employer (or relevant third party) provides to us: as you are accessing the App as a result of an agreement your employer (or any relevant third-party) has concluded with us, we also process personal data about you which your employer has provided to us to validate that you are an authorised user or so we can arrange your training on how to use the App and this may include your name and e-mail address.

The legal basis for processing such data for the use of the App is our legitimate interest to provide the services to your employer, or relevant third party we have an agreement with.

Our business-to-business agreement, or our global privacy notice, as applicable, will apply to processing of the data. This notice is supplementary to our global Privacy Notice available at ovarro.com

Each time you use the App we may automatically collect the following information:

• Technical information, including the type of Device, a unique device identifier (for example, Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), mobile network information, mobile operating system, the type of mobile browser used, time zone setting, ("Device Information"); or
• We may also use GPS technology (or information from nearby Wi-Fi access points (like MAC address and signal strength) and cell towers where GPS is not available) to determine the Device's current location when operating the App. Users can withdraw their consent at any time by changing the permission setting on the Device. However, to enable us to provide the relevant services it is necessary for appropriate location data to be transmitted to us with each record (either via Users filling in the necessary data capture fields within the App or directly from the Device). If you prevent the Device from transmitting appropriate location information or fail to otherwise provide us with appropriate location data we cannot guarantee our ability to be able to provide the relevant services. 

Uses Made of The Information

We use information held about you to ensure that you are an authorised user for the App and to be able to provide the services.

We may also use the information collected about you for the purposes of:

• Contacting Users about training of the use of the App.
• Dealing with Users’ requests and enquiries.
• Carrying out customer and marketing research; and
• Providing users with information about products and services offered by Ovarro.

At any time, you have the right to unsubscribe or withdraw you consent to our processing of your personal data for marketing purposes. To withdraw consent, please email: marketing@ovarro.com.

Disclosure of Users’ Information

We may disclose some or all of the data we collect from users of the App to third parties (including other companies within our group) and authorised members of companies with whom we are contracted or who assist us to deliver the relevant services and/or help us analyse and fix issues in the App or any linked systems and services.

We may also in limited circumstances disclose your personal information to third parties:

• In the event that we sell or buy any business or assets, in which case we may disclose personal data to the prospective seller or buyer of such business or assets.
• If we are under a duty to disclose or share personal data in order to comply with any legal or regulatory obligation or request; or
• In order to:
  
  • Properly administer the App; or
  • Protect the rights, property or safety of Ovarro, our customers, or others.

Personal Data Security

The App is controlled and operated by Ovarro from the United Kingdom.

We use industry-standard encryption services when transferring and receiving data and information provide to us is stored on our secure servers. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of the data in transmission; any transmission is at your own risk.

Measures we use to maintain the security of the data include:

• Making regular backups of files.
• Protecting file servers and workstations with virus scanning software.
• Using a system of passwords so that access to data is restricted.
• Allowing only authorised staff into certain computer areas.
• Using data encryption techniques to code data when in transit.
• Ensuring that staff are only given sufficient rights to any systems to enable them to perform their job function.

Data Retention

We take every reasonable step to ensure that personal data is only processed for the minimum period necessary for the purposes set out in this Privacy Notice, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with our customer or the data processing. In some circumstances you can ask us to delete your data: see Users’ Rights section below for further information.

In some circumstances we may anonymise the personal data (so that it can no longer be associated with you) for research or statistical purposes, or in order to improve our services, in which case we may use this information indefinitely without further notice.

Users Rights

Under certain circumstances you may have the rights outlined below under data protection laws in relation to you personal data. The rights below are likely to apply to users if you are based in the UK or the European Union:

• Request access to their personal data (commonly known as a "data subject access request"). This enables users to receive a copy of the personal data we hold about them and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about Users. This enables users to have any incomplete or inaccurate data we hold about them corrected, though we may need to verify the accuracy of the new data they provide to us.
• Request erasure of user’s personal data. This enables users 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 their personal data to comply with local law. Note, however, that we may not always be able to comply with users’ request of erasure for specific legal reasons which will be notified to them, if applicable, at the time of their request.
• Object to processing of their personal data where we are relying on a legitimate interest (or those of a third party) and there is something about their particular situation which makes you want to object to processing on this ground as they feel it impacts on their fundamental rights and freedoms. Users also have the right to object where we are processing their personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process the information which override their rights and freedoms.
• Request restriction of processing of your personal data. This enables users to ask us to suspend the processing of their personal data in the following scenarios:
  
  1. if users want us to establish the data's accuracy.
  2. where our use of the data is unlawful, but users do not want us to erase it.
  3. where users need us to hold the data even if we no longer require it as they need it to establish, exercise or defend legal claims; or
  4. Users have objected to our use of the 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 users initially provided consent for us to use or where we used the information to perform a contract with them.
• Withdraw consent at any time where we are relying on consent to process personal data. However, this will not affect the lawfulness of any processing carried out before they withdraw your consent. If users withdraw their consent, we may not be able to provide certain products or services to you or your employer. We will advise if this is the case at the time they withdraw your consent.

Requests under this section should be made to gdpr@ovarro.com using the heading GDPR. For subject access requests - please, send us an e-mail at gdpr@ovarro.com and request our subject access request form which you can fill in and e-mailed back to us.

You can also write to us at Data Protection Working Committee (DPWC), Rotherside Road, Eckington, Sheffield, UK, S21 4HL.

If we receive a request from you to exercise any of the above rights, we may ask them to verify their identity before acting on the request. This is to ensure that the data is protected and kept secure.

You also have the right complain to the Information Commissioner’s Office if you are not satisfied with our use of the data (https://ico.org.uk). We would, however, appreciate the chance to deal with your concerns before they approach any such authority and would ask you to contact us in the first instance by using the contact information above.

For information on local data protection authorities within the EU, please visit: https://ec.europa.eu/justice/article29/structure/data-protection-authorities/index_en.htm

Third Parties Websites

The App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. 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.

Changes To This Privacy Notice

Ovarro may update this notice at its sole discretion. Any changes we may make to our privacy notice in the future will be notified to you. However, it is your responsibility to check the Terms regularly for any updates.

Your continued access to or use of the App and any related services after any update constitutes your acceptance of the notice current at this time. If you do not agree to any changes, you must stop accessing or using the App.

EnigmaREACH Mobile App Terms

Last Updated May 2024

These Mobile App Terms (“the Terms”) apply to the following mobile application – EnigmaReach Mobile Application (“the App”).

Licensor - OVARRO LD LIMITED of Ovarro House, Parklands Business Park, Denmead, Hampshire, England, PO7 6XP (“Ovarro”/” Licensor”).

The App is provided for business use only under an agreement between Ovarro and your employer or another entity that has authorised you to access the App for the purpose of such agreement.

Please read these Terms carefully. They are legally binding between you and the Licensor.

By downloading, accessing or using the App you – “the User “, agree to comply with the Terms in full.

By downloading, accessing or using the App you are granted a nonexclusive, revocable, nontransferable, non-assignable limited right to install and use the App on a mobile device, and to access and use the functionality on such mobile device strictly in accordance with the Terms and solely for the Ovarro product or services intended purpose. The licence granted hereunder to use the App is contingent upon and subject to your employer (or another entity that has authorised you to access the App) having a current agreement with Ovarro.

The licence above applies to

• The App, any related services, and any updates or supplements to the App.
• The related online, electronic, or paper version documentation for the App, whichever applies (“the App Documentation”).

Privacy

Under data protection legislation, we are required to provide certain information including who we are, how we process personal data and for what purposes and the rights of individuals in relation to their personal data and how to exercise them. This information is provided in Ovarro’s EnigmaREACH App Privacy Notice provided to you with the Terms. This notice is supplementary to Ovarro’s Privacy Notice available at ovarro.com and is not intended to replace it.

Additional terms

The ways in which Users can use the App and Documentation may also be controlled by Google Play's rules and policies and Google Play's rules and policies will apply instead of these terms where there are differences between the two.

Operating system requirements

This App is released on iOS and Android and requires a device with a minimum of version for Android -v5.1 (Lollipop) and for iOS - v11.

Support for the App

If you want to learn more about the App or have any problems using it, you shall use the support contact information advised to your employer (or another entity that has authorised you to access the App) as part of their agreement with Ovarro.

Use of the App

In return for you complying with these terms, you may:

• Download a copy of the App onto a mobile telephone or a tablet onto which the App may be downloaded or streamed, and view, use and display the App on such devices solely for business use and solely for the App’s intended purpose as advised by Licensor.
• Use any Documentation to support the permitted use of the App.
• Provided that you comply with the licence restrictions herein, make the minimum number required copies of the App for back-up purposes; and
• Receive and use any free supplementary update of the App incorporating "patches" and corrections of errors as Ovarro may provide.

Users may not transfer the App to someone else.

If devices on which the App is installed are being disposed of or sold, you must ensure that the App is deleted from such devices.

Changes to these Mobile App Terms

Ovarro may update these Terms from time to time at its sole discretion – for example, when we change the functionality of the App or any services accessed via the App, or when required by any changes in applicable law. Ovarro will notify users for any changes. However, it is your responsibility to check the Terms regularly for any updates.

Your continued access to or use of the App and any related services after any update constitutes your acceptance of the terms current at this time. If you do not agree to any changes, you must stop accessing or using the App.

Updates to the App

From time-to-time Ovarro may automatically update the App and change the related service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, Ovarro may ask you to update the App for these reasons.

If you choose not to install such updates or if you opts-out of automatic updates you may not be able to continue using the App.

If you do not accept notified changes you may continue to use the App and the related services in accordance with the existing terms, but certain new features may not be available to you or in certain cases, you will not be permitted to continue to use the App.

Ovarro is not responsible for other websites you link to

The App may contain links to other independent websites which are not provided by Ovarro. Such independent sites are not under Ovarro’s control, and Ovarro is not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

• Not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from Ovarro.
• Not copy the App or the Documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security.
• Not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Documentation nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms.
• Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things.

Acceptable use restrictions

You must:

• Not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system.
• Not infringe Ovarro’s intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by these terms).
• Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App.
• Not use the App in a way that could damage, disable, overburden, impair or compromise Ovarro’s systems or security or interfere with other users; and
• Not collect or harvest any information or data from the App or Ovarro’s systems or attempt to decipher any transmissions to or from the servers running the App.

Suspension and Termination of Access

If your employer (or relevant other entity) default on any of their payment obligations under their agreement with Ovarro, Ovarro has the right, without liability to you and your employer to disable your password, account and access to all or part of the App, and Ovarro shall be under no obligation to provide any or all of the App and any services you access through the App while the invoice(s) concerned remain unpaid. The above also apply to any breach by you of these Terms.

Intellectual property rights

All intellectual property rights in the App and the Documentation throughout the world belong to Ovarro and its licensors, and the rights in the App are licensed (not sold) to you. You and your employer have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with these Terms.

Back-Ups

It is your obligation to back-up content and data used with the App. Ovarro recommends that you back up any content and data used in connection with the App, to protect you in case of problems with the App.

If Ovarro ends your rights to use the App:

• You must stop all activities authorised by these Terms, including the use of the App.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to Ovarro that you have done this.
• Ovarro may remotely access your devices and remove the App from them and cease providing you with access to the App.

Ovarro’s Liability

In no event shall Ovarro’s liability arising under or in connection with these Terms and the use of the App and the Documentation exceed £100.

In addition, Ovarro will not be liable for damage that could have been avoided by following Ovarro’s advice and guidance for use of the App and installing updates, or to ensure and maintain minimum system requirements.

Use of the App is at your own risk, and it is provided “as is”, “as available” and “with all faults”. To the fullest extent permitted by applicable law, Ovarro and its subsidiaries and affiliates disclaim all warranties, conditions, representations, whether statutory, express or implied, including, without limitation, any implied warranties, conditions and representations of title, merchantability, fitness for a particular purpose, and non-infringement.

Ovarro makes no warranties, conditions or representations about (a) the ability of the App to perform without limitation or restriction in any given environment, (b) the use of the App or the Documentation and/or the information obtained by you through the App meeting your or your employer’s expectations or requirements (c) the accuracy, completeness, or content of the App (d) results obtained from the use of the App and the Documentation by you, and for conclusions drawn and actions undertaken or seized due to such use, including for the avoidance of doubt such in connection with proposed deployment of products supplied by Ovarro and/or other equipment; (e) the accuracy, completeness, or content of any linked sites (through hyperlinks, banner advertising or otherwise), and/or (f) third-party products or services, and Ovarro assumes no liability or responsibility therewith.

Ovarro shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising in connection with or as a result of the use of the App or the Documentation.

If a court finds part of this Terms illegal, the rest will continue in force.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms, their subject matter or formation (including non-contractual disputes or claims), or the use of the App and the Documentation.