All Posts
×
Updated 26 July We Are Fetching is an app that enables parents and guardians of school-aged children to manage after-school childcare digitally using shared resources. Our mission is to transform the childcare experience for parents, schools and children. 1. Introduction 1.1 Contract By using our Services you agree to our terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information. You agree that by clicking “Join Now”, “Join We Are Fetching”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with We Are Fetching (even if you are using our Services on behalf of a company or school). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract at any time, you can do so by closing your account and no longer accessing or using our Services. 1.2 Services This Contract applies to www.wearefetching.com, We Are Fetching-branded apps, and other WeAreFetching-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both Members and Visitors. 1.3 Our Agreement You are entering into this Contract with We Are Fetching (also referred to as “we” and “us”). You are entering into this Contract with We Are Fetching Ltd and We Are Fetching Ltd will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services. This Contract applies to Members and Visitors. As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to our Privacy Policy. 1.4 Members and Visitors When you register and join the We Are Fetching app, you become a Member. If you have chosen not to register for our Services, you may visit our site and sign up for updates as a “Visitor.” 1.5 Change We may make changes to this Contract. We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms, means that you are consenting to the updated terms. 2. Obligations 2.1 Service Eligibility Here are some promises that you make to us in this Contract: You are eligible to enter into this Contract and you are at least our “Minimum Age.” The Services are not for use by anyone under the age of 16. When using the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one We Are Fetching account, which must be in your real name; and (3) you are not already restricted by We Are Fetching from using the Services. Creating an account with false information, including accounts registered on behalf of others or persons under the age of 16, is a violation of our terms,. “Minimum Age” means 16 years old. However, if law requires that you must be older in order for We Are Fetching to lawfully provide the Services to you without parental consent (including using of your personal data, or to be responsible for a child) then the Minimum Age is such older age. 2.2 Your Account You will keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g. to friends) and (4) follow the law and our list of Dos and Don’ts (as detailed below). You are responsible for anything that happens via your We Are Fetching account unless you close it or report misuse. Your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service. However, they do not have rights to your personal account. 2.3 Payment If you buy one of our paid Subscriptions (“Basic” or “Premium”), you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your extended overdraft facility. Also, you agree that: Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. We Are Fetching Basic and Premium subscriptions are non-refundable. If you cancel your subscription, your extended overdraft facility will expire at the end of your billing cycle. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. 2.4 Cancelling your subscription If you cancel your subscription and return to a free account, you will still retain your profile, connections, and other data. However, you will lose access to the extended overdraft facility that comes with these subscription plans. Note: If you are beyond the standard number of 10 negative credits permitted with the free account, you will not be able to raise a request for childcare until you have earned enough credits to bring your account within its permitted overdraft. Deleting/uninstalling the Fetching app will not cancel to subscription. Subscription must be canceled through Google Play Store for Android or App Store for iOS. More information about canceling your subscription: To avoid getting charged for the next billing period, you need to cancel at least one day before the billing date. Cancellation will end billing and remove your access to the extended overdraft feature at the end of your current billing cycle. If you were on a plan, promotion, or price that is no longer offered, you won't be able to re-purchase that same plan or with the promotional price. Is it possible to downgrade your subscription from Premium to Basic. Details of the different subscription plans can be found here. 2.3 Notices and Messages You agree to receiving notices and messages through our websites and apps, to your contact information. If your contact information is out of date, you may miss out on important notices. You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. 2.4 Fetching use We Are Fetching is not a social network - you should not accept a friend request, or invite anyone to connect with you that you have not met in person and trust completely with the care of your child. When you connect with another user, they become your ‘friend’ and have access to your profile information including, but not limited to, your address, your children’s names and where they go to school. By accepting a friend request from another person, you are consenting to them having visibility of this information. You are also giving consent for them to Fetch your child from school and to be responsible for them until such time when you are able to collect them. We are not obligated to run any criminal records checks on our users. However, we reserve the right to terminate the access of any user who does not adhere to the Children Act 2004 at our sole discretion, with or without notice. We Are Fetching serves to exchange time with other parents and guardians. No user should demand reimbursement in return for a Fetch. Deduction and crediting of hours will happen automatically via the app. 3. Rights and Limits 3.1. Your License to We Are Fetching You own all of the personal information you provide to us, but you also grant us permission to use it in an anonymised form for analytical purposes. We’ll honour the choices you make about who gets to see your information. You own information that you submit or post to the Services, and you are only granting We Are Fetching and our affiliates the following non-exclusive license: Both you and We Are Fetching agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy. By submitting suggestions or other feedback regarding our Services to We Are Fetching, you agree that We Are Fetching can use and share (but does not have to) such feedback for any purpose without compensation to you. You promise to only provide information that you have the right to share, and that your We Are Fetching profile will be truthful. You agree to only provide information that does not violate the law nor anyone’s rights, including intellectual property rights. You also agree that your profile information will be truthful. We Are Fetching may be required by law to remove certain information or content in certain countries. 3.2 Service Availability We may change, suspend or end any Service, or change and modify prices prospectively at our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. We may change or discontinue any of our Services. We don’t promise to store or keep showing any information or messages that you’ve sent. We Are Fetching is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law. 3.3 Other Information, Sites and Apps Our partners may offer their own products and services through our Services, and whilst we take every care to ensure we work with only best partners, we are not responsible for the product they provide. You agree that we are not responsible for others’ (including other users’ and partners’) information. We cannot always prevent a misuse of our Services, where information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful, and you agree that we are not responsible for any such misuse. You are responsible for deciding if you want to access or use third-party apps or sites that link from our Services. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, We Are Fetching is not responsible for these other sites and apps – which are used at your own risk. Please see our Privacy Policy. 3.4 Limits We have the right to limit how you connect and interact on our Services. We Are Fetching reserves the right to limit your use of the Services, including the number of your connections. We Are Fetching reserves the right to restrict, suspend, or terminate your account if We Are Fetching believes that you may be in breach of this Contract or law or are misusing the Services (e.g., violating any of the Dos and Don’ts or the Child Abuse Prevention and Treatment Act). 3.5 Intellectual Property Rights We’re providing you notice about our intellectual property rights. We Are Fetching reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or any information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. We Are Fetching logos and other service marks, graphics, and logos used for our Services are trademarks or registered trademarks of We Are Fetching. 3.6 Automated Processing We use data and information about you to improve the running of our systems and facilitate the safe collection and care of children. 4. Disclaimer and Limit of Liability 4.1 No Warranty This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. TO THE EXTENT ALLOWED UNDER LAW, WE ARE FETCHING LTD AND ITS AFFILIATES (AND THOSE THAT WE ARE FETCHING WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON INFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. 4.2 Exclusion of Liability These are the limits of legal liability we may have to you. TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS WE ARE FETCHING HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), WE ARE FETCHING AND ITS AFFILIATES (AND THOSE THAT WE ARE FETCHING WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF WE ARE FETCHING AND ITS AFFILIATES (AND THOSE THAT WE ARE FETCHING WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A SUBSCRIPTION, IF ANY, OR (B) UK £1,000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WE ARE FETCHING AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF WE ARE FETCHING OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU. 5. Termination We can each end this Contract anytime we want. Both you and We Are Fetching may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination: Our rights to use and disclose your feedback; Sections 4, 6, 7, and 8.2 of this Contract; Any amounts owed by either party prior to termination remain owed after termination. You can email [email protected] to close your account. 6. Governing Law and Dispute Resolution In the unlikely event we end up in a legal dispute, We Are Fetching and you agree to resolve it in the UK courts using UK law. 7. General Terms Here are some important details about the Contract. If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we don't act to enforce a breach of this Contract, that does not mean that We Are Fetching has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that We Are Fetching may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract. You agree that the only way to provide us legal notice is at the address provided in Section 10. 8. We Are Fetching “Dos and Don’ts” 8.1. Dos We Are Fetching is a community of parents and guardians of young children. This list of “Dos and Don’ts” limit what you can and cannot do on our Services. You agree that you will: Comply with all applicable laws, including, without limitation, privacy laws, child protection laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. Provide accurate information to us and keep it updated. Use your real name on your profile. Use the Services in a courteous and responsible manner. 8.2. Don’ts You agree that you will not: Create a false identity on We Are Fetching, misrepresent your identity or the identity of a child, create a Member profile for anyone other than yourself (a real person) or a child for whom you are responsible, or use or attempt to use another’s account; Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services; Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views); Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of We Are Fetching; Disclose information that you do not have the consent to disclose such as, but not limited to, disclosing confidential information of others (including your friends and their children). Violate the intellectual property or other rights of We Are Fetching, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “We Are Fetching” or our logos in any business name, email, or URL except as documents in the Brand Guidelines, which are available on request; Share anything that contains software viruses, worms, or any other harmful code; Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source; Imply or state that you are affiliated with or endorsed by We Are Fetching without our express consent e.g. representing yourself as an accredited We Are Fetching trainer; Rent, lease, loan, trade, sell/re-sell or otherwise monetise the Services or related data or access to the same, without We Are Fetching’s consent; Deep-link to our Services for any purpose other than to share your profile on our Services, without We Are Fetching’s consent; Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages; Monitor the Services’ availability, performance or functionality for any competitive purpose; Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; Overlay or otherwise modify the Services or their appearance such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services; Interfere with the operation of, or place an unreasonable load on, the Services e.g. spam, denial of service attack, viruses, gaming algorithms; and/or Violate the Child Abuse Prevention and Treatment Act when undertaking the care of a child, or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service. 9. Complaints Regarding Behaviour Contact information for complaints about the behaviour of our Members. We respect the rights of our Members and their children. If you believe that a Member is using the platform to violate the rights of another member or compromise the safety and another member or their child, you are obligated under these terms to contact us as soon as possible. 10. How To Contact Us Our Contact information: For complaints, or to report a misuse of the platform: [email protected] To terminate your membership with We Are Fetching: [email protected] For all other enquiries: [email protected]
Privacy Notice For We Are Fetching Users We Are Fetching Ltd is engaged in the design, development, sales, marketing, supply, operation and maintenance of We Are Fetching secure friend network, hours exchange, parent communication and childcare management information systems. This notice explains to We Are Fetching users (“you/your”) how We Are Fetching Group (“we/us”) use your personal information. This privacy notice covers: * Why we use your personal information. * The legal basis for processing. * What personal information we use. * How we use your personal information. * Your rights under data protection legislation. * Sharing personal information with third parties. * How long we may keep your information. * Changes to our privacy notice. * Contact details for our Data Protection Officer. Why We Use Your Personal Information The We Are Fetching application can be downloaded from iOS and Android app providers free of charge, and is governed by the Terms and Conditions that you agree with when you sign up. We process your personal data for the following purposes: * To provide you with the service activated and registered for. * The verification of your identity where required. * For the ongoing administration of the service. * To allow us to improve the products and services we offer to our customers. * To ask for your opinion about our products and offer surveys. * for research and statistical analysis including childcare usage patterns. We only use the data in an anonymized manner when we use your data for this purpose. * to offer new products and services to you which are relevant and appropriate, and only to the extent that would be reasonably expected. If we plan to introduce further processes for the use of your information, we will provide information about that purpose prior to such processing. The Legal Basis For Processing Under Data Protection Law, there are various grounds which are considered to be a ‘legal basis for processing’. The legal basis for processing should be determined by the Data Controller. We Are Fetching Ltd is Data Controller in respect of personal information that we process in connection with our business (including the products and services that we provide). The legal basis for processing is that it is necessary and in your legitimate interests, to facilitate the use of the app. It should be noted that in some circumstances this legal basis may vary, however, we always operate in full compliance with Data Protection Law and will only process data with a fair and reasonable legal basis for doing so. What personal information we process In order to carry out these services, we obtain from you and process the following information: Data subject: Child *Forename - this is the forename of the child. This is so friends and the school can identify the child. *Class - registration group (if any), year and school class. We use it to identify the child and group them with the correct peer group. *Dietary Requirements - this is the child’s special dietary requirements or allergies. This is so the ‘fetcher’ does not feed them anything that they do not eat. *Photo - a photograph of the child, where one has been added. This is not essential and simply provides a visual to accompany your child’s profile. *Device time - how much device time the child is allowed. This is so the ‘fetcher’ does not allow them more device time than you would usually allow. *Parents - up to two users linked to the child. These are the two people that collect the child most frequently. These are only seen by the school and are the default collectors if no fetch has been raised. Data subject: Parents \ Users *Forename - this is the user’s forename. So that friends and the school can identify you. *Surname - this is the user’s surname. So that friends and the school can identify you. *Authentication data - email address and password used to access the application. We may use your email address to contact you from time to time with relevant information about the app. Your password is encrypted so only you know what it is. *Residential address - the location entered as the user’s residential address. If you collect a friend’s child after school, this tells them where to come and get them from. All of your friends can see this address. *Mobile Telephone - this is the contact’s mobile telephone number used to receive alerts from the school and friends with whom you are connected. *Photo - a photograph of the parent/user will be shared with the school of the child they are 'fetching' so that they can be recognised when they arrive to collect the child. *Email - this is the email you log into the app with - it is used to receive communications from We Are Fetching. It is also visible to your child’s school and the friends you are connected to. *Location - we access your location to help you add your address more easily. We do not track it any other time. *Contacts - we access your contacts to help you find your friends that are using the app. If anyone in your contacts list is using We Are Fetching, they will be visible to you when you add a friend. We do not use this information for any other purpose. *Hours History and balances - this is the contact’s history of credits used and earned through the app. *In-app messages - messages sent to users from the Fetching app regarding requested or arranged fetches. *Message Status - we may record the ‘opened’ status of emails and messages sent from the platform. *Children - all child profiles created by and linked to that user. Reward information - in future, Fetching credits may be exchanged for rewards via externally or internally hosted shop systems. Details of rewards accepted will be captured as part of that. *Browser Details - IP address, cookies, browser information Data subject: School *Name - this is the name of the school. *Address - this is the postal address of the school. *Telephone number - this is the telephone number of the school. *Email - this is the school email address through which all pick up arrangements will be communicated. *School classes - this feeds through to the app so that children can be groups with their peers. *Opening and closing times - this helps parents to raise a fetch request for the appropriate time. Data subject: Website Users *IP Address - the network address of your device or internet connection *Browser Type and Version - the type of Web Browser your device is using *Cookies - special records in your browser to help the website operate *Web Analytics - generalised information about browsing behaviour and page statistics How we process your personal information We use your personal information as detailed above, and some of our employees have access to such information, only to the extent required to carry out the services for you. We have introduced appropriate technical and organisational measures to protect the confidentiality, integrity and availability of your personal information during storage, processing and transit. We Are Fetching Ltd only processes your personal information in the UK. Some of our supporting services might use cloud platforms that operate from Third Countries outside of the EEA. Where this is the case, we ensure that adequate safeguards are established to protect your data. Your Rights Under Data Protection Law Right to Access You have the right of access to your personal information that we process and details about that processing. You can usually access that information directly within the We Are Fetching app (self-service). However, should this not be possible, you can raise a Data Subject Access Request (DSAR) to receive this information in another format. Right to Rectification You have the right to request that information is corrected if it’s inaccurate. You can usually update your own information using the We Are Fetching app (self-service). However, should this not be possible, you can contact us to make the changes on your behalf. Right to Erasure (Right to be Forgotten) You have the right to request that your information is removed; depending on the circumstances, we may or may not be obliged to action this request. Right to Object You have the right to object to the processing of your information; depending on the circumstances, we may or may not be obliged to action this request. Right to Restriction of Processing You have the right to request that we restrict the extent of our processing activities; depending on the circumstances, we may or may not be obliged to action this request. Right to Data Portability You have the right to receive the personal data which you have provided to us in a structured, commonly used and machine readable format suitable for transferring to another controller. Right to lodge a complaint with a supervisory authority If you think we have infringed your privacy rights, you can lodge a complaint with the relevant supervisory authority. You can lodge your complaint in particular in the country where your live, your place of work or place where you believe we infringed your right(s). You can exercise your rights by sending an e-mail to [email protected] Please state clearly in the subject that your request concerns a privacy matter, and provide a clear description of your requirements. Note: We may need to request additional information to verify your identity before we action your request. Sharing personal information with third parties We use a range of trusted service providers to help deliver our services. All of our suppliers are subject to appropriate safeguards, operating in accordance with our specific instructions and limitations, and in full compliance with Data Protection Law. These service providers include: * Email Providers – to send out our email notifications or messages * Hosting Providers – to manage our secure enterprise data centres * Security Providers – to protect our systems from attack * Cloud Hosting and Recovery – working with Google Cloud Platform and MongoDB Atlas * Security insight and system logging – working with Google Cloud Platform logging * Cloud email delivery – working with Sendgrid (USA hosted) * Anonymous Web Analytics – working with Google * Feedback Platforms (Optional) – working with SurveyPlanet We may also have access to your personal information as part of delivering the service. If we need to change or add additional third parties, we will always update our Privacy Notice accordingly. We will only disclose your information to other parties in the following limited circumstances: * where we are legally obliged to do so, e.g. to law enforcement and regulatory authorities * where there is a duty to disclose in the public interest * where disclosure is necessary to protect our interest e.g. to prevent or detect crime and fraud * where you give us permission to do so e.g. by providing consent within the We Are Fetching app or via an online application or consent form How long we may keep your personal information We will only retain information for as long as is necessary to deliver the service safely and securely. Child data will typically be removed or anonymised when the following rules are met: * The child has been removed by the user. * The child does not have any collection data within the last 13 months. User (Parent) data will usually be removed or anonymised when the following rules are met: * They have not logged in for 13 months. * They have not requested or accepted a fetch within the last 13 months. In unusual cases where specific personal information needs to be retained, then this can be facilitated upon request. Changes to our Privacy Notice This policy will be reviewed regularly and updated versions will be posted on our websites. Contact details for our Data Protection Officer: We have appointed a Data Protection Officer (DPO); their contact details are as follows: [email protected]