Consent to the installation of the App

 

Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data.  This information is provided in and it is important that you read that information.

 

Before the installation of this App, please indicate your consent to our processing of your personal data (including your device identification details and location information) as described in the policy 

YES I consent to the installation of the App for the purposes of crowd management.

NO I do not consent to the installation of the App.

 

How you can withdraw consent

 

Once you provide consent by selecting "YES", you may change your mind and withdraw consent at any time by deleting the App but that will not affect the lawfulness of any processing carried out before you withdraw your consent.


 

TUBR, Ltd – Privacy Policy

 

INTRODUCTION

 

TUBR Limited respects your privacy and is committed to protecting your personal data. This privacy policy will inform you s to how we look after your personal data when you use our platform and view our content (regardless of where you are based), and tell you about your privacy rights and how the law protects you.

  1. Important information and who we are

 

Purpose of this privacy policy

 

This privacy policy aims to give you information on how TUBR Limited collects and processes your personal data through your use of this app, including any data you may provide through the app.

 

It is important that you read this privacy policy together with any other privacy policy or fair processing policy 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 policy supplements other notices and privacy policies and is not intended to override them.

Controller

 

TUBR Limited is the controller and is responsible for your personal data (collectively referred to as TUBR, "we", "us" or "our" in this privacy policy).

 

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

 

Contact details

 

If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:

Full name: Dash Tabor

Email address: dash@getTUBR.com

Postal address: 27, Old Gloucester Street, London, WC1N 3AX, UNITED

KINGDOM

 

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 policy and your duty to inform us of changes

 

We keep our privacy policy under regular review. 

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.

 

Third-party links

 

Our App does not link to any third party.

  1. The data we collect about you

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 will only ever collect and store the following personal data from you.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Account Data which includes your first name and surname, username, password, telephone number, email address, and details of the subscription you have purchased.

  • Camera and Photos. If you wish to upload photos to the App we need permission to access your device’s camera and photos. You will not be able to upload photos unless we can access your camera or photos. Our photo processing software will blur out the faces of individuals who you photograph, however, it is for you to determine and satisfy yourself that your taking of a photo will not inconvenience the individual(s) being photographed and that you are permitted to do so by data protection legislation. Should you be uncertain of your rights to do so, please contact the UK data protection supervising authority, the ICO (www.ico.org.uk) for further details.

  • Location Data we use geo-location technology to determine your current location where you are within 1 mile of a tube station and to provide you with a customised service. You can withdraw your consent at any time by [disabling Location Data in your settings.

  • Usage Data which includes information about how you use the platform, what content you view and search for, your interactions with communications we send to you (e.g. via notification) and your preferences.

 

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose.

 

Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users viewing certain content. 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 policy.

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 our services). In this case, we may have to cancel an order for products or services you have placed with us, but we will notify you if this is the case at the time.

  1. How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your personal data by inputting the data into our platform upon signing up as a user. This includes personal data you provide when you:

    • request marketing to be sent to you; or

    • raise a query or contact us; or

    • upload a photo.

  • Automated technologies or interactions. As you interact with our website, we will automatically collect Usage and Technical Data about your equipment, browsing actions, viewing habits and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We do not use, store or collect cookies.

  1. How we use your personal data

 

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:

  • Where we need to perform the contract we are about to enter into or have entered into with you.

  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

  • Where we need to comply with a legal obligation.

  • consent.

 

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.

 

Purpose/Activity

 

Type of data

 

Lawful basis for processing including basis of legitimate interest

To register you as a new subscriber

(a) Device ID

Performance of a contract with you

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Device ID

(b) Marketing and Communications

(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 services)

 

To respond to enquiries you submit to us using our contact details or the contact page on our website.

Device ID 

 

Necessary for our legitimate interests (to respond to your query)

 

To administer and protect our business and platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Device ID

(b) Technical

 

To administer and protect our business and platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

To deliver relevant content recommendations and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Device ID

(b) Usage

(c) Marketing and Communications

(d) Technical

 

Necessary for our legitimate interests (to study how customers view our content and use our services, to develop them, to grow our business and to inform our marketing strategy)

 

To use data analytics to improve our platform, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

(c) Photos/camera

 

Necessary for our legitimate interests (to analyse traffic and crowding at various locations and to define types of customers for our products and services and recommend the most relevant content to them, to keep our platform updated and relevant, to develop our business and to inform our marketing strategy)

 

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Device ID

(b) Technical

(c) Usage

(d) Marketing and Communications

 

Consent where you are a new customer

 

Where you are an existing customer, necessary for our legitimate interests (to develop our products and services and grow our business)

 

Marketing

 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. 

Promotional offers from us

 

We may use your Contact, Technical and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

 

You will receive marketing communications from us if you have requested information from us or purchased products or services from us and you have not opted out of receiving that marketing.

 

Third-party marketing

 

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

 

Opting out

 

You can ask us or third parties to stop sending you marketing messages at any time.

 

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product or services purchase, product or services experience or other transactions.

 

Cookies

 

We do not use cookies.

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.

  1. Disclosures of your personal data

 

We will not share your personal data with any third parties.

  1. International transfers

 

We do not transfer your personal data outside the European Economic Area (EEA).

If we were to transfer your personal data out of the EEA, we would ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. 

  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. 

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

  1. Data security

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.

  1. Data retention

 

How long will you use my personal data for?

 

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your 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 you.

 

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, regulatory, tax, accounting or other requirements.

 

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see your legal rights below for further information.

In some circumstances we will 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.

  1. Your legal rights

 

Under certain circumstances, you have rights under data protection laws in relation to your personal data. 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:

    • If you want us to establish the data's accuracy.

    • Where our use of the data is unlawful but you do not want us to erase it.

    • 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.

    • 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.

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 could 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 could 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.

TUBR, LTD Terms of Service

1. Terms

By accessing our app, TUBR, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing TUBR. The materials contained in TUBR are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of TUBR per device for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

 

modify or copy the materials;

use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

attempt to decompile or reverse engineer any software contained in TUBR;

remove any copyright or other proprietary notations from the materials; or

transfer the materials to another person or "mirror" the materials on any other server.

 

 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by TUBR, LTD at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

3. Disclaimer

 

The materials within TUBR are provided on an 'as is' basis. TUBR, LTD makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, TUBR, LTD does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to TUBR.

 

4. Limitations

In no event shall TUBR, LTD or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use TUBR, even if TUBR, LTD or a TUBR, LTD authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing in TUBR could include technical, typographical, or photographic errors. TUBR, LTD does not warrant that any of the materials on TUBR are accurate, complete or current. TUBR, LTD may make changes to the materials contained in TUBR at any time without notice. However TUBR, LTD does not make any commitment to update the materials.

6. Links

TUBR, LTD has not reviewed all of the sites linked to its app and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by TUBR, LTD of the site. Use of any such linked website is at the user's own risk.

7. Modifications

TUBR, LTD may revise these terms of service for its app at any time without notice. By using TUBR you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of United Kingdom and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

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