Privacy and Terms

Introduction

This Privacy and Terms document provides you with a simplified version of our Privacy and Data Retention Policies (Privacy) and a copy of our Terms of Use (Terms). The full versions of these separate documents are available at www.chatpro.co.uk/policies.

Please read this Privacy and Terms document carefully. It has been written to be as easy to understand as possible, but still give you all the information you need to decide whether to agree to it or not. If there is anything in this document that you do not understand, please contact us at: support@chatpro.co.uk

Changes to this document and your duty to inform us of changes

We keep our Privacy and Terms under regular review.

This version was last updated on 12th February 2023. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email or when you next start the App. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.

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 our relationship with you.

Privacy

Who are we?

We are ChatPro Ltd of Henleaze Business Centre, Bristol, BS9 4PN.

The ChatPro service is a mobile instant messaging app for organisations that work with children, young people and vulnerable adults. It enables staff, volunteers and service users to communicate safely and effectively on mobile devices.

What information do we collect?

To enable you to use ChatPro, we collect the following information about you (known as ‘personal data’):

  • Identity (your name and date of birth, your picture if you choose to upload one)

  • Contact (your email address, the email address of a parent/guardian if you are under the age of 13, your mobile telephone number if you are an organisation administrator)

  • Profile (your password)

  • Device (type of mobile device, unique device identifier, mobile operating system, type of mobile browser)

 

How do we collect personal data?

We collect identity, contact and profile data from you directly when you create an account and when you update your account details. This information may also be shared with us by an organisation of which you are a member (e.g. your school).

We collect device data from third parties such as Apple and Google using cookies and other similar technologies as outlined in our Cookie Policy at: www.chatpro.co.uk/cookies.

Do we share personal data with other organisations?

We share personal data with organisations that are essential for the operation of our company and the ChatPro messaging service as follows:

  • When you request to join an organisation’s messaging network, we share your name and date of birth with that organisation.

  • Organisations that provide us with essential services, such as IT systems maintenance, may have access to personal data.

  • Organisations that regulate us, such as HMRC, may have access to personal data.

All of these organisations are based in the European Economic Area (EEA) and have appropriate Security and Privacy Policies in place to protect the data.

Why do we collect and process personal data?

Your name, date of birth and profile picture allow organisations you join to identify and communicate with you. This is necessary for the operation of the ChatPro communication service.

Your email address allows us to identify and communicate with you (and your parent or guardian if you are under 13 years of age). This is necessary for the operation of the ChatPro communication service.

Your profile data (and mobile telephone number if you are an organisation administrator) allows us to secure your account. This is necessary to protect the security of the ChatPro communication service.

Your device data allows us to understand your device’s specification. This is necessary for us to provide you with access to the ChatPro communication service.

How long do we store personal data?

We store your data for as long as your account is open, or for 30 days after your account is first activated, whichever is longer.

In addition, we will store some data for a longer period:

  • If you have sent or received a message or made or received a call in an organisation, your name and date of birth will be stored for 1 year from the date the message was sent/received or the call was made/received.

  • If an organisation needs to store messages and call recordings for longer than 365 days, it will inform you of this and update its Privacy and Rules statement accordingly. The Privacy & Rules statement is displayed to you when you join a network, and can be viewed at any time by tapping the Information button in the top-left of the Chats screen in your app.

  • If you have added or verified a user in an organisation, your name and date of birth will be stored until the user you added/verified leaves the organisation.

Is it legal for us to collect and process your data in this way?

There are four legal ways (known as ‘legal bases’) we use to collect and process personal data:

  • Consent – you agree to us collecting and processing personal data so you can use the ChatPro messaging service.

  • Performance of a Contract – we collect and process personal data so we can provide you with access to the ChatPro messaging service as agreed in our Terms of Use.

  • Legitimate Interest – it is reasonable for us to collect and process personal data so we can run our business, manage network security, provide administration and IT services, keep our records updated, analyse how our services are used and recover debts.

  • Legal Requirement - to inform you of any changes to our policies.

 

Do we transfer personal data abroad?

We do not transfer data outside the EEA.

What are your legal rights in relation to your data?

You have the right to find out from us what personal data we have collected about you.

You have the right to withdraw your consent for us to process your data. This will mean we close your account and delete your contact, profile and device data. However, we will continue to process your identity on behalf of any organisations whose networks you have joined and your messages and call recordings may be retained on behalf of those organisations. If you want to access, erase or transfer that data you will need to contact your organisation directly.

You can ask us to erase, correct or stop processing your data, or ask us to transfer it to another organisation. You will need to provide a valid reason for us to do this, using the information in the ‘Your legal rights’ section of our Privacy Policy.

How do you make a complaint?

We have appointed a data privacy manager. If you have any questions about this privacy policy, please contact them using the details set out below.

Name: Mr H Serle

Postal address: ChatPro Ltd, Henleaze Business Centre, Bristol, BS9 4PN.

Email address: privacy@chatpro.co.uk

Telephone number: 0330 133 5278

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. Our ICO reference is ZA773784.

Terms

Who we are and what this Agreement does

We are ChatPro Ltd, a company registered in England and Wales number 346344693. Our registered office address is Henleaze Business Centre, Bristol, BS9 4PN.

We license you to use:

  • the ChatPro mobile application software (App) and any updates or supplements to it;

  • the related online documentation at https://www.chatpro.co.uk/how-to (Documentation);

  • the service you connect to via the App including the messaging services (Service),

as permitted in these terms.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service, please visit our website at www.chatpro.co.uk. If you have any problems using them, please see our support pages at https://www.chatpro.co.uk/how-to.

Contacting us (including with complaints). If you think the App or the Services are faulty or mis-described please contact us using the details on our website at www.chatpro.co.uk/contact

How we will communicate with you. If we need to contact you, we will do so by email using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

  • download a copy of the App onto up to three smartphones and/or tablets

  • use the App and the Service to communicate about things to do with organisations you are a member of, and whose messaging networks you have joined;

  • use the Documentation to help you use of the App and the Service;

  • receive and use any updates to the App that we may provide to you.

 

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service. You may not transfer the App or the Service to someone else. If you sell any device on which the App is installed, you must remove the App from it.

Changes to these terms

If we need to change these terms, we will give you at least 30 days’ notice by sending you an email or notifying you when you next start the App.

If you do not accept the changes, you should immediately stop using the App and delete it from all your Devices.

Update to the App and changes to the Service

We may automatically update the App and change the Service. Alternatively, we may ask you to update the App.

If you choose not to, or if you opt out of automatic updates, you may not be able to continue using the App and the Services.

If someone else owns the device you are using

If you download the App onto a device you do not own, you must have the owner's permission to do so. You will be responsible for following these terms, whether or not you own the device.

Licence restrictions

You agree that you will:

  • not make any part of the App or Service available to anyone other than yourself without getting written permission from us first;

  • not copy the App, Documentation or Service;

  • not change any part of the App, Documentation or Service, unless it is necessary in order for you to use the App and the Services as allowed in these terms;

  • not allow any part of the App or the Services to be combined with, or become incorporated in, any other programs, unless it is necessary in order for you to use the App and Service as allowed in these terms;

  • not create derivative (similar) software or computer code based on the whole or any part of the App or Service, or try to do this;

  • follow all technology and export laws and rules that apply to the App or Service.

 

Acceptable use restrictions

You must:

  • not use the App or Service in any way that breaks the law, or in any way that goes against these terms;

  • not act dishonestly or in a way that may cause harm. For example, by hacking into or adding harmful code (such as viruses), or harmful data, into the App, Service or any operating system;

  • not break or try to misuse our (or anyone else’s) intellectual property rights (ideas) that are connected to the App or Service;

  • not send anything that could be hurtful or harmful when using the App or Service;

  • not use the App or Service in a way that could damage, disable, overburden, impair or compromise our systems or security or negatively affect other users;

  • not collect any information or data from the App, Service or our systems, or try to decipher any transmissions to or from the servers running the App or Service;

  • not use the App or Service in any way which breaks safeguarding principles or any duty you have to protect the welfare or prevent harm to children or vulnerable adults or any other person (but nothing in these terms of use shall deem ChatPro a moderator or data controller in respect of any message or call recording content, all such responsibilities are held by your fellow users and your associated organisation).

 

Intellectual property rights

All intellectual property rights (ideas) in the App, Documentation and Service throughout the world belong to us (or our licensors) and the rights in them are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, Documentation or Service other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we do not follow these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or which you have caused or contributed to. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use in the context of your association with one or more subscribing organisations (as a member of a sports club or school for example). If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event  but if there is a risk of substantial delay you may stop using the App and delete it from your Devices.

We may end your rights to use the App and the Services if you break these terms

We may end your right to use the App and Service at any time if you have broken these terms. If what you have done can be put right, we will give you a fair chance to do so.

If we end your rights to use the App and Service:

  • you must stop all activities allowed in these terms, including use of the App and Service;

  • you must immediately delete or remove the App from all devices you can, delete all copies of the App which you have and tell us that you have done this;

  • we may disable or close your account, which will prevent you making any further use of the App or Service.

 

We may transfer this Agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will make sure that the transfer will not affect your rights under these terms.

You need our consent to transfer your rights to someone else.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

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

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

Declaration

If you have understood the information above and are happy to accept the terms set out then please click “accept”.

If you accept, your account will be activated and we will each be agreeing to behave in accordance with the terms set out above.

If you do not agree to the terms set out above then please click “decline” to reject them.

If you press “decline”, we will not be able to provide you with access to the ChatPro service and your account will be closed and the personal data it contains will be deleted. Please speak with your organisation about what to do next and they can contact us if necessary.

 

Please get in touch if you have any questions