APPENDIX 3: CONDITIONS OF USE OF THE TSURU APP
These conditions of use apply to the use of the App of Tsuru-online B.V., registered in Vught (5261 NE), Boxtelseweg 26 (hereafter called: 'App').
The conditions of use can be downloaded for storage and/or printing.
The App is intended for the employees of the companies which are affiliated with us. If you wish to know whether your employer is affiliated with us, please sent an email with your name and the name of your employer to: email@example.com.
By downloading the App, you enter into an agreement with Tsuru-Online B.V. and you declare that agree with the applicability of these conditions of use for the use of the App.
1. Use of the content in the App
With this App, it is our goal to provide you with information and insight in the area of stress, nutrition, sleeping behaviour, motivation, exercise, and other aspects of the personal well-being. This is done through questions, assignments, and (push) notifications. The questions, assignments, (push) notifications, and all other information and (visual) material which is provided via the App, will hereafter be named: ‘Content’.
The Content is collected with the greatest care and based on scientific insights and will be updated periodically. Nevertheless, it is possible that the Content is incomplete, not up-to-date, or inaccurate. The Content should not be interpreted as an alternative for a treatment and/or information from aid workers and/or healthcare providers. This also applies when this Content is based on your answers to questions and tests that are offered via the App. The Content should only be interpreted as a source of general information and not as a personalised advice. We, therefore, advise you to first discuss the Content with your own aid worker or healthcare provider at all times, before following the directions the Content is offering.
2. Creating a profile
You will only be able to register for the use of the App and create a profile when we have received your details from your employer which enables us to identify you (for example your name and email address or employee number). For a successful registration, the information entered by you must correspond with the identification information we have received from your employer. You will guarantee that all the personal details you disclose via the App is correct and that you will only use the App for personal use.
3. Processing of personal data
You can enter the following personal details in your profile: name, email address, date of birth, and gender. This personal details can be supplemented with work-related content, information provided by you (such as answers to questions), and/or Content created via the App.
Your (personal) details will only be used to:
We will anonymise your personal details and information, answers to the questions, and your usage of the App (this information can be collected through our cookies) during storage to ensure that the information cannot be traced back to you. This anonymised information is then used for further research and reports. These (unidentifiable) reports may be shared with your employer.
With respect to the processing of the personal details, we make use of the services of hosting service providers. These service providers will act as the processor in compliance with the Personal Data Protection Act ('Wbp'). We are only and exclusively allowed to process the personal details in our assignment. We have concluded a processing agreement with these data processors. This agreement states that the processor has the obligation to adhere to all statutory regulations and the provisions established in the user agreements. We will not disclose any further personal details to third parties (including your employer), unless we are obliged to do so pursuant to any statutory provision.
We will ensure that the processing of the personal details complies with the Personal Data Protection Act (Wbp). We put great care and emphasis on a responsible handling of your personal details. That is why your personal details will be processed and secured with due care (for example through encryption and certification) at all times, in compliance with the Wbp.
Via the App, you will always have unrestricted access to the personal details we process. You can change or delete these personal details via your profile. You can also send us an email with a request to carry out the changes or delete the details on your behalf. The moment your right to use the App has been terminated, all your personal details shall be deleted or anonymized automatically
4. Right of use and intellectual property rights
You are granted a non-exclusive and non-transferable right to use the App, subject to the following limitations and conditions:
You are not allowed to put (parts of) the App at the disposal of third parties, make any changes to or copy the App, or duplicate or publish it in any other way. Any security measures implemented by us may not be removed, uninstalled, or bypassed. It is not allowed to decompile the software programming, to delete the coding, to multiply or translate the coding, or to subject it to reverse engineering in any other way.
All intellectual property rights with regard to the App (including the software programming, the Content, the look & feel, name, and other materials) are exclusively granted to us or our licensors. Such rights cannot be wholly or partially transferred.
Even though, with respect to the App, including the Content, we have committed ourselves to apply the utmost care, we do not accept any liability with regard to the occurrence of possible malfunctions or other deficiencies, including and especially with regard to incomplete or inaccurate Content. The use of the App and the Content is solely at your own risk. We will not accept any liability for damages resulting from the use of the App and the Content.
6. Termination of the right to use
The right to use the App shall terminate when our agreement with your employer ends, regardless of the reason for this termination. If so agreed, we will offer you the option to continue the use of the App after the termination of our agreement with your employer.
7. Amendments to the conditions of use
We reserve the right to change these conditions of use. Notification of an amended version will be given via the App. Should you not agree to the changes in these conditions, you can terminate the use of the App. Should you continue to use the App after the changes have been implemented, it is presumed that you have accepted the amended version of the conditions of use.
Should you have any questions about the use of the App, these conditions of use, or the processing of your personal details, please contact us via firstname.lastname@example.org. The conditions of use can also be consulted on the website www.tsuru.nl/en/.