First aid app end user policy, cookie and privacy policy

First aid app end user policy, cookie and privacy policy

Your use of the "First Aid App" provided by Belgian Red Cross-Flanders International non-profit organization is governed by the present end user policy (hereinafter "EUP"). By clicking the "I agree to the EUP" checkbox or otherwise accepting this EUP, you agree to the terms and conditions set out below.

• "Belgian RedCross-Flanders": means Red-Cross-Flanders International non-profit organization, having its registered office at Motstraat 40, 2800 Mechelen (Belgium), and registered with the Belgian Crossroads Bank of Enterprises under company number 0461.634.084.
• "First Aid App": means the present application you intend to use containing content regarding first aid training and instruction and using an "everyday first aid"-approach, as well as all software programs related thereto and all new versions, updates, patches, upgrades, enhancements and modifications thereof provided by Belgian Red Cross-Flanders.
• "Local Partner": means your National Red Cross Society with which Belgian Red Cross-Flanders has entered into a license agreement and from whom you obtained access to the First Aid App.
• "Confidential Information": means all technical, functional, technological, commercial, economical, operational, strategic, business and financial information in any form (verbal or in writing, digital or not) which directly or indirectly concerns Belgian Red Cross-Flanders itself or the First Aid App.
• "Content": means all information, documents and software, including but not limited to texts, images, databases, structures, layouts, graphic elements, presentations, logos, websites, web services, APIs, DLLs, libraries and third-party components, as well as all other information and elements made available to you amongst others via the First Aid App, and which are the property of Belgian Red Cross-Flanders or Local Partner.
• "Force Majeure" means all causes that are beyond the reasonable control of the parties, including but not limited to fire, explosions, power failures, earthquakes, floods, very severe storms, strikes, embargos, labor disputes, pandemics, acts by the civil or military authorities, (cyber) terrorism, natural disasters, acts or neglect of internet traffic services, acts or neglect of regulatory or government bodies.
• "Intellectual Property Rights": means all worldwide intellectual property rights, whether registered or not, including but not limited to copyrights, software (copyrights), database rights, trademark and service mark rights (including all goodwill embodied therein), rights to semi-conductor products and patent rights.

• After acceptance of the EUP, Belgian Red Cross-Flanders grants you a non-exclusive, non-transferable, non-sublicensable and personal right to use the First Aid App in the territories in which it is available, and in accordance with the terms and conditions of this EUP and the applicable legislation (hereinafter the "License").
• The License does not grant you the right to (sub)license, sell, assign, modify, translate, reverse engineer, analyze, reconstruct, decompile, otherwise change or commercially exploit the First Aid App, and/or make the First Aid App available to any third party or create derivative works based upon the First Aid App and/or the Content.
• In general, you shall not infringe the Intellectual Property Rights of Belgian Red Cross-Flanders or Local Partner, or perform any other acts by which (the value of) such Intellectual Property Rights could in any way be harmed or negatively affected.
• You agree to respect any technical limitations in the First Aid App that only allow the use of the First Aid App in certain ways. You may not work around such technical limitations.

• You acknowledge that Belgian Red Cross-Flanders provides the First Aid App and the Content "as is". Belgian Red Cross-Flanders only represents and warrants that the First Aid App is provided in accordance with the standards applicable in the IT sector. Any software and/or Cloud services used from third parties are subject to the guarantees provided by the concerned third parties.
• You are responsible for all activity occurring under your account.
• You are responsible for having and maintaining hardware (including a smartphone or computer device), software (including having a firewall, an anti-virus program or other necessary security software) and an internet connection necessary and suitable for the use of the First Aid App.

• If you have a question, comment and/or complaint regarding the First Aid App, you are required to refer your question, comment and/or complaint to the Local Partner.
• Every question, comment and/or complaint regarding the First Aid App made by you (i) must contain a sufficiently clear description of the respective question, comment and/or complaint and (ii) if applicable, must concern a reproducible error.

• You expressly acknowledge and agree that all Intellectual Property Rights relating to the First Aid App and Content are and remain the exclusive property of Belgian Red Cross-Flanders and/or, if applicable, the Local Partner. You are not permitted to use the First Aid App and/or Content without prior written consent of Belgian Red Cross-Flanders or such third party that may own the Intellectual Property Rights. Except for the License as granted pursuant to article 2 of present EUP, nothing shall be construed as granting, or an undertaking to subsequently grant, to you any license, right, title or interest in the Intellectual Property Rights or on the First Aid App or Content.
• You are not allowed to remove or modify any notices concerning the Intellectual Property Rights on the First Aid App and/or Content.
• You undertake to fully respect and protect Belgian Red Cross-Flanders's Intellectual Property Rights or, if applicable, the Intellectual Property Rights of Local Partner.

• By using the First Aid App, you may get access to Confidential Information and proprietary information of Belgian Red Cross-Flanders. You agree not to disclose any Confidential Information to any third party, not to use the Confidential Information for your own benefit and/or not to permit the use of the Confidential Information for the benefit of others, without the prior, express and written consent of Belgian Red Cross-Flanders. You may only use the Confidential Information for the purposes as set forth in present EUP.

• You are responsible for the data entered, obtained and/or processed by using the First Aid App, including but not limited to all data that are entered and/or generated by yourself and which are not the property of Belgian Red Cross-Flanders (hereinafter "Your Data"). You warrant that Your Data is not unlawful, has not been obtained unlawfully, does not violate the rights of third parties and complies with all Applicable Data Protection Legislation, as defined hereinafter.
• If, through the intervention of Belgian Red Cross-Flanders or otherwise, you enter or use data originating from an external data provider in the First Aid App, Belgian Red Cross-Flanders hereby disclaims any responsibility for this data and Belgian Red Cross-Flanders shall not be (held) liable for any damages arising from the use of such data.
• Under no circumstances, Belgian Red Cross-Flanders shall be liable for any damage arising from your use of the data as set forth in this article 7, including but not limited to Your Data, demo data, data from the Local Partner and third party data. For the avoidance of doubt, you have the sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of the data as set forth in this article 7.
• You must indemnify and hold Belgian Red Cross-Flanders harmless for claims by third parties, made for whatever reason, in connection with the processing of the data as set forth in this article 7.

• In case Your Data contains or is to be considered as personal data, the Local Partner is solely responsible for the processing of Your Data. Local Partner determines for what purposes Your Data will be processed and which means will be used to process Your Data.
• Red Cross-Flanders will not process your personal data in any way and can therefore not be held liable for any misuse or loss of your personal data.
• Red Cross-Flanders uses Amplitude, a third-party analytics service, to collect and analyze pseudo-anonymized usage data within our app. This helps to understand how users interact with our features, improve functionality, and enhance the overall user experience. Amplitude processes certain technical and behavioral data, such as app interactions and device information, in compliance with applicable data protection laws.

• When you visit the First Aid App, Belgian Red Cross-Flanders collects certain information by automated means, through the use of cookies.
• Cookies are small text files that are installed on your browser, on your computer or on your mobile device. They ensure that your device is recognised when you revisit the application. Cookies can have different purposes: to ensure that the application takes into account the user's preferences by for example remembering language preferences, to collect statistical data, to adapt the content etc.
• Belgian Red Cross-Flanders uses cookies for different reasons: for the technical and functional management of the First Aid App, to personalise your visit and to collect commercial and marketing information. Belgian Red Cross-Flanders uses both first- and third-party cookies and session and persistent cookies:
  • First-party cookies are set by Belgian Red Cross-Flanders on the First Aid App
  • Third-party cookies are cookies installed by other domains (e.g. Google Analytics cookies)
  • Session cookies are erased when you close the First Aid App
  • Persistent cookies remain on your device for a specific period of time.
    
    There are also analytical cookies which gather information on the use of the websites (pages visited, average length of visit etc.) in order to improve the site's operation. We use Firebase (Google) and App Center (Microsoft) for this (in accordance with the Google Firebase https://firebase.google.com/terms/ & AppCenter https://azure.microsoft.com/en-us/support/legal/ Terms of Use). You can refuse these cookies.
• Below you can find a summary of the cookies that Belgian Red Cross-Flanders uses:
  • Strictly necessary cookies, which are essential in order to enable you to move around the First Aid App an its features. These cookies provide basic web functionality.

You have the right to object to placing these cookies any time. However, in this case, the First Aid App might not fully function.

• Performance cookies, which are used to help Belgian Red Cross-Flanders to compile statistics in order to improve and manage the First Aid App.

These cookies are set on the First Aid App based on your consent. You have the right to withdraw your consent at any time.

• Tracking cookies, which are used to evaluate and improve the Content and the user experience.

These cookies are set on the First Aid App based on your consent. You have the right to withdraw your consent at any time.

• You have the option to accept or reject cookies. If you refuse cookies, Belgian Red Cross-Flanders will only place essential cookies on your device. Belgian Red Cross-Flanders will only place other cookies on your device for which you have given us your consent. You have the right to withdraw your consent for non-essential cookies at any time.

  You can delete at any time, the already installed cookies on your device. The following links may provide you with useful information about how to delete cookies that are already installed on your device:

  • Cookies - Chrome
  • Cookies - Internet Explorer
  • Cookies - Firefox
  • Cookies - Safari
  • Cookies - Microsoft Edge

  If you turn off certain cookies, some parts of the First Aid App, some graphic elements and certain features may not be accessible or not look as good as they would normally do.

  10. Indemnification and liability

  • You are liable for and shall indemnify Belgian Red Cross-Flanders and hold Belgian Red Cross-Flanders harmless for any and all claims, causes of action, costs, damages, losses, liabilities and expenses (including without being limited thereto all reasonable attorney's fees and costs) arising out of or in connection with:
  • the (use of) data you entered, obtained and/or processed through or by using the First Aid App; or
  • any improper, illegal, incorrect, careless and/or unauthorized use of the First Aid App or Content by you, or any use thereof contrary to the provisions of this EUP; or
  • any use of the First Aid App in combination with any (inappropriate or unsuitable) hardware or software not provided by Belgian Red Cross-Flanders; or
  • any breach of the present EUP, or of any legal provisions or obligations by you.

  To the fullest extent permitted by law, Belgian Red Cross-Flanders shall not under any circumstances be responsible or liable for any claims, causes of action, costs, damages, losses, liabilities and expenses arising out of or in connection with the events specified in this article 10.1.

  • Belgian Red Cross-Flanders is likewise not liable for damage caused by:
  • any deficiencies and shortcomings in the services from the Local Partner;
  • failure to provide the First Aid App due to Force Majeure, industrial disputes or other unforeseen circumstances.
    • Belgian Red Cross-Flanders shall in any case never be liable for indirect damages, including but not limited to the loss of data (including, but not limited to Your Data and any personal data), earnings, profit or other economic benefits, increase of costs, loss of customers or personnel, reputational damage.

  11. Termination

  • In the event you commit a material breach regarding any of the provisions or your obligations under the present EUP, Belgian Red Cross-Flanders may terminate the License and/or the EUP with immediate effect upon providing notification thereof to you.

  A material breach occurs, among others, if:

  • you infringe the rights of Belgian Red Cross-Flanders and/or third parties, for example the Intellectual Property Rights;
  • you use the First Aid App for unlawful or illegal purposes;
  • you use the First Aid App to transmit viruses, material intended for promotional or commercial purposes, illegal or improper material or material that is contrary to law and order or morals; or
  • you use the First Aid App in such a way that the First Aid App is damaged, modified, interrupted or made less efficient in any way.

  12. Miscellaneous

  • Belgian Red Cross-Flanders reserves the right to modify the present EUP at any time, effective upon notifying you of the updated version when accessing the First Aid App for the first time after the update. If you continue to use the First Aid App after such notification, You will be considered to have agreed to the updated version of the EUP.
  • You accept that Belgian Red Cross-Flanders may transfer the EUP (entirely or partially) and the performance of all or some of the rights and obligations to a third party without any additional notification.
  • The EUP is governed by and construed in accordance with the laws of Belgium.
  • Any dispute arising out of or under the EUP shall be submitted to the Courts of Antwerp, division Mechelen, Belgium.