Privacy Statement

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.

This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Innov8ive Software Limited of The Courtyard, 19 High Street, Pershore, WR10 1AA (Licensor, us or we) for the Pet Adoption UK mobile application software, the data supplied with the software, and any associated media (App).

We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator (Appstore) the End-user downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.

Important notice:

· By downloading the App and clicking on the "Accept" button below you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the privacy policy defined in condition 1.5 and limitations on liability in condition 7.
· PLEASE PAY PARTICULAR ATTENTION TO CONDITION 5
· If you do not agree to the terms of this licence, we will not license the App to you and the downloading process will terminate.
· As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the App and Documents.
· However, you will lose the right to cancel the transaction once you begin to download or stream the App or Documents.
· This does not affect your consumer rights for an app or documents that are defective.
We recommend that you print and retain a copy of this EULA for future reference.

Agreed terms

1. ACKNOWLEDGEMENTS
1.1. The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2. We may change these terms at any time by notifying you of a change when you next start the App. The new terms will be displayed on-screen and you will be required to read and accept them to continue your use of the Services.
1.3. From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
1.4. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2.1 (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.5. The terms of our privacy policy (Privacy Policy) are incorporated into this EULA. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.6. By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.7. Certain Services including the ‘Search’ service, will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on  the Device but in doing so, recognise that the functionality of the App will be limited.
1.8. The App or any Service will contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.9. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2. GRANT AND SCOPE OF LICENCE
2.1. In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
2.2. You may download or stream a copy of the App to view, use and display on the Devices for your personal purposes only.

3. LICENCE RESTRICTIONS
3.1. Except as expressly set out in this EULA or as permitted by any local law, you agree:
3.1.1. not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
3.1.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
3.1.3. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
3.1.4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
3.1.4.1. is used only for the purpose of achieving inter-operability of the App with another software program;
3.1.4.2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
3.1.4.3. is not used to create any software that is substantially similar to the App;
3.1.5. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
3.1.6. to include our copyright notice on all entire and partial copies you make of the App on any medium;
3.1.7. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
3.1.8. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
together Licence Restrictions.

4. ACCEPTABLE USE RESTRICTIONS
You must:
4.1.1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
4.1.2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
4.1.3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
4.1.4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
4.1.5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

5. YOUR ACKNOWLEDGEMENT 
5.1. You acknowledge that the decision as to whether or not to adopt an animal is one that must be taken very carefully and in consideration of your own personal circumstances, needs and abilities. By presenting an animal as available for adoption on the App, or via our website, we are making no warranties as to whether or not that animal is suitable for adoption or for you and we do not, and will not, provide any advice to this effect.  We will not be liable for any costs, expenses or losses, whether direct, indirect, special or consequential which may arise as a result of you adopting an animal via the App or our website and the animal being unsuitable for you, your lifestyle or your needs.

6. THIRD PARTY CONTENT 
6.1. Whilst we take reasonable steps to ensure the accuracy of the contents on the App at the time of its inclusion, we make no representations or warranties about the information provided through the App or our website, including any hypertext links or other items used either directly or indirectly from the App or our website (including but not limited to its accuracy or fitness for use), or information posted or provided by third parties. We reserve the right to make changes and corrections to the contents of the App and our website and/or to restrict access to or withdraw the services provided through this App at any time without notice.
6.2. In particular, we would remind users that this App is a directory based on information provided by third party animal adoption, re-homing and shelter organisations. We cannot therefore guarantee the accuracy of any information provided by any such third party individual or organisation through this website (including the availability, condition or suitability of any animal advertised through this website). Any animal advertised on the App or our website is the sole responsibility of the organisation placing the advertisement and we advise anyone considering adopting through the App or our website to carry out their own check to determine the suitability and condition of the animal.
6.3. We shall not be liable for any injury or damage to any individual or their property caused by any animal or information listed on the App or our website by any third party, or any resulting action, claim or loss.
6.4. To the extent permitted by law, we exclude all liability for any inaccuracies or omissions contained within this website and any decisions based on information contained in this website are your sole responsibility.

7. INTELLECTUAL PROPERTY RIGHTS
7.1. You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
7.2. You acknowledge that you have no right to have access to the App in source-code form.

8. LIMITED WARRANTY
8.1. We warrant that:
8.1.1. the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and
8.1.2. that the Documents correctly describe the operation of the App in all material respects,
for a period of 7 days from the date on which the App is downloaded or streamed to the Devices (Warranty Period).
8.2. If within the Warranty Period you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, we shall, at our sole discretion:
8.2.1. Use reasonable endeavours to remedy any defect; or
8.2.2. Terminate this EULA.
8.3. For the avoidance of all doubt, the remedies outlined above shall be your sole remedies for any defect or fault that arises during the Warranty Period.
8.4. The warranty does not apply:
8.4.1. if the defect or fault in the App or any Service results from you having amended the App;
8.4.2. if the defect or fault in the App results from you having used the App in contravention of the terms of this EULA; and
8.4.3. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
8.5. This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

9. LIMITATION OF LIABILITY
9.1. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
9.2. We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3. We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 7.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
9.4. Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £500. Nothing in this EULA shall limit or exclude our liability for:
9.4.1. death or personal injury resulting from our negligence;
9.4.2. fraud or fraudulent misrepresentation; and
9.4.3. any other liability that cannot be excluded or limited by English law.

10. TERMINATION
10.1. We may terminate this EULA immediately by written notice to you:
10.1.1. if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
10.1.2. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
10.2. On termination for any reason:
10.2.1. all rights granted to you under this EULA shall cease;
10.2.2. you must immediately cease all activities authorised by this EULA, including your use of any Services;
10.2.3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so; and
10.2.4. we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services.

11. COMMUNICATION BETWEEN US
11.1. If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to hostmaster@petadoptionuk.co.uk or by prepaid post to Innov8ive Software Limited at Windsor House, Barnett Way, Barnwood, Gloucester, GL4 3RT. We will confirm receipt of this by contacting you in writing, normally by e-mail.
11.2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

12. EVENTS OUTSIDE OUR CONTROL
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
12.2. If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
12.2.1. our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
12.2.2. we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

13. OTHER IMPORTANT TERMS
13.1. We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
13.2. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
13.3. If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.4. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
13.5. Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction to hear any dispute or disagreement under this EULA.

PRIVACY POLICY

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how We will treat it.

For the purpose of the Data Protection Act 1998, the data controller is Innov8ive Software Limited of Windsor House, Barnett Way, Barnwood, Gloucester, GL4 3RT.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:
• Information you give us (Submitted information): You may give us information about you by filling in forms on the our website and/or the App, or by corresponding with us (for example, by e-mail or chat). This includes information you provide when you download or register the App or subscribe to any of our Services, share data via the App and when you report a problem with an App, our Services, or any of our Sites. The information you give us may include your name, address, e-mail address and phone number, the Device's phone number, age, username, password and other registration information.
• Information we collect about you and your device. Each time you use one of the App we may automatically collect the following information:
• technical information, including the type of mobile device you use, a unique device identifier (for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use and/or time zone setting (Device Information);
• information stored on your Device, including contact information, friends lists, login information, photos, videos or other digital content and/or check ins (Content Information);
• details of your use of any of our Apps including, but not limited to, traffic data, location data, weblogs and other communication dat, and the resources that you access (Log Information).
• Information we receive from other sources (Third Party Information). We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
If you contact us, We may keep a record of that correspondence.
Cookies
We use cookies to distinguish you from other users of the App. This helps us to provide you with a good experience when you use the App and also allows us to improve the App and Our sites. For detailed information on the cookies We use and the purposes for which We use them, see our cookie policy http://www.petadoptionuk.co.uk/PrivacyStatement.aspx.

We may pass your details to carefully selected third parties so that they can let you know about related goods and sevices that may be of interest to you, such as pet insurance.  If you are willing for us to do this, please tick the clearly identified box on the ‘Register Interest’ screen.

We may also provide selected third parties anonymous aggregate information about our users (for example, We may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data We have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
Disclosure of your information
Should you proceed to register your interest in an animal on our App we will forward your contact details to the relevant charity/centre in order that they can contact you about this animal.  This will include your name, telephone number, email address and sometimes, address.

We may disclose your personal information to third parties:
· In the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets.
· If Innov8ive Software Limited, or substantially all of its assets, are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
· If We are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
Where We store your personal data
The data that We collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers.

Where We have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Your rights
You have the right to ask us to cease processing your personal data for marketing purposes. We will inform you (before collecting your data) if We intend to use your data for such purposes or if We intend to disclose your information to any third party for such purposes. You can exercise this right at any time by contacting us as outlined in this policy.

The App and our site will contain links to and from the websites of the charities/centres where the animals are based, our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
Access to information
The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information We hold about you.

If you wish to access the information we hold about you, please email us at hostmaster@petadoptionuk.co.uk or write to Innov8ive Software Limited The Courtyard, 19 High Street, Pershore, WR10 1AA  clearly stating that you are requesting access to your data.