Smart Citizen user agreement & terms

This Agreement sets out your rights and responsibilities relating to the use of Smart Citizen. By using this service you will have confirmed that you have read and fully understood this agreement.

ACCEPTANCE OF TERMS

Smart Citizen (the service) is operated as "not for profit" by The Smart Day Group registered as Smart-Day Limited in the United Kingdom. The Smart Day Group is a global supplier of software systems to Emergency Services and urgent care Call Centres. By agreeing to use the service, you (the user) are bound by the terms and conditions of this Agreement.

The "user" is the individual storing simple but vital information for use when contacting and needing assistance from their local services.

This agreement refers to your "Safe Record" which can include critical information about your household, relatives or pets that you choose to enter onto the Smart Citizen database or otherwise make available to Smart Care services. As the user you control the content of the safe record on the Smart Citizen database and permission to access information about you through the Smart Citizen secure portal using your unique username and password.

Smart Citizen is an information service that provides a portal for you to access your own personal "safe record" that can be automatically made available to connected services such as call takers for Police, Fire, Ambulance, and Hospitals when you dial for urgent assistance using the phone number that you have stored and authorized for this use in your Smart Citizen safe record. By using this service you are agreeing that the Smart Citizen Service may send you reminders to keep your "safe record" up to date. You can remove your stored information and cease using the service at any time directly from your profile page.

When contacting the Smart Care service from the phone number that you have stored in your safe record, this number may be detected by the call centre that serves the country and zone from which you are calling, always providing that the local call Centre has Smart Care - Citizen connected technology. The Smart Citizen technology will then access the user safe record information that you entered onto the Smart Citizen database and present that information to urgent care service staff to enable them to more rapidly and efficiently assist you. However, by accepting this agreement, you are acknowledging that not every emergency service will have the required technology to access your safe record. At the point at which you make a call using the safe record registered phone number you are granting permission for the Smart Citizen system to release your safe record information to that service provider.

Smart Citizen has no control over any events that may occur during an emergency and takes no responsibility for data transmissions, telephone connectivity or any equipment remaining operational. Smart Citizen will never be directly involved in or have any responsibility for the re-routing of telephone calls from any emergency service call centre.

The Smart Day Group will never use, sell or distribute without express permission having been gained firstly from the Smart Citizen user, any personal data to any organization that has not received full accreditation as a provider of emergency or urgent care services.

USERS RESPONSIBILITIES

As a user you understand and accept full legal responsibility for all information that you have stored. You understand and accept full legal responsibility for all content and that you are responsible to ensure that your user information is up to date and accurate.

You accept that, in the event that you store any other information or content in your safe record that you are fully responsible for that information or content and, if so required, you have obtained the appropriate legal consent by way of parent, guardian or any other legal entity that entitles you to record information on behalf of any other individual.

You understand and agree that it is your responsibility to ensure that you have an appropriate telephone service provider account. For full use of Smart Citizen Locator your phone account must facilitate geo-location and it must be set up as "opted-in". This extra functionality is optional but if chosen your smart device must be enabled for Smart Care to retrieve your location to be able to present it to the services that you have called for assistance.

You understand and accept that Smart Citizen may not always be able to locate all mobile phones and that many factors can limit this capability such as account service providers, or device limitations in certain areas of the world as well as, but not limited to, the local geography, weather conditions, wireless network failures, satellite reliability. You accept that no absolute accuracy and reliability of service can ever be guaranteed.

You understand and accept that Smart Citizen service is an additional aid to help you and the emergency services in your time of need and does not replace any existing method of communication or any verbal information as required by any emergency service you may contact. Your use of the Smart Citizen service does not constitute any form of agreement between you and any emergency service provider.

As a user you have full responsibility for the content of your user information and safe record. The Smart Day Group does not verify or update user information. When the information that you have stored on the Smart Citizen database changes, you are entirely responsible for updating the stored information held in your own safe record.

The user access is password-protected. You are entirely responsible for keeping your password secure at all times. Regular changes of user passwords are recommended.

You accept that The Smart Day Group disclaims any and all warranties, duties and conditions of any kind, whether express, implied or statutory, including without limitation any warranties, duties or conditions of good faith, reasonable care, performance, reliability, availability, completeness, accuracy, results, workmanship, workmanlike effort, lack of viruses, lack of negligence, performance despite loss of electrical power, suitability, or non-infringement, pertaining to Smart Citizen service and the provision or failure to provide Smart Citizen service support or information for Smart Citizen, service or other services, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of any warranty or duty, by The Smart Day Group or its representatives.

DATA PROTECTION POLICY

The Smart Day Group

Registered number: Z3200854

This policy underlines the principles by which The Smart Day Group manages and controls personal data. This applies only to demographic data collected to enable the proper registration of system users as well as staff records within the organisation. It does not include any and all records subsequently stored and controlled by the registered users.

The Data Protection Act 1998 (DPA) was passed in order to implement the EU Data Protection Directive (95/46/EC) and applies to all data relating to, and descriptive of, living individuals (defined by the Act as "personal data") which are held either electronically or in a structured manual filing system. The Act came into force on 1st March 2000, with most of its provisions becoming effective on 24th October 2001.

The Smart Day Group is committed to a policy of protecting the rights and freedoms of individuals with respect to the processing of all data held by it which affects their privacy, whether in their personal or family life, business or professional capacity.

The Smart Day Group holds a wide range of personal data about its individual employees, defined as data subjects in the Act. Such data may only be processed in accordance with this policy and the contractual terms of The Smart Day Group, which sets out the purposes for which The Smart Day Group holds and processes personal data. Any breach of the policy may result in The Smart Day Group being liable in law for the consequences of the breach. This liability may extend to the individual processing the data and his/her Manager under certain circumstances.

This policy applies regardless of where the data is held and, in respect of automatically processed data, the ownership of the equipment used, if the processing is for The Smart Day Group purposes.

The data held relating to users or supplementary users is required for registration and communication purposes.

Principles

All data users must comply with the eight Data Protection Principles. The Principles define how data can be legally processed. 'Processing' includes obtaining, recording, holding or storing information and carrying out any operations on the data, including adaptation, alteration, use, disclosure, transfer, erasure, and destruction.

Personal data shall be processed fairly and lawfully.

Personal data shall be held only for one or more specified and lawful purposes and shall not be further processed in any manner incompatible with that purpose or purposes.

Personal data shall be adequate, relevant and not excessive in relation to the purpose for which it is processed.

Personal data shall be accurate and where necessary kept up to date.

Personal data processed for any purpose shall not be kept for longer than is necessary for that purpose.

Personal data shall be processed in accordance with the rights of data subject under the DPA.

Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of the data.

Personal data shall not be transferred to a country or a territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

The DPA defines both personal data and sensitive personal data. Data users must ensure that the necessary conditions are satisfied for the processing of personal data and in addition that the extra, more stringent, conditions are satisfied for the processing of sensitive personal data.

"Personal data" has a broad ranging definition and can include not only items such as home and work address, age, telephone number and schools attended but also photographs and other images, if focused on an individual and disclosing information which is biographical in a significant sense.

"Sensitive personal data" consists of racial/ethnic origin, political opinion, religious or similar beliefs, trade union membership, physical or mental health or condition, sexual life and criminal record.

Responsibilities of The Smart Day Group

The Smart Day Group administrative and support services have a responsibility to ensure compliance with the Act and this Code, and to develop and encourage good information handling practices, within their areas of responsibility. All users of personal data within The Smart Day Group have a responsibility to ensure that they process the data in accordance with the eight Principles and other conditions set down in the DPA.

The Smart Day Group may choose to delegate the management of, but not the responsibility for, Data Protection matters to another member or members of their staff. The Smart Day Group will perform periodic audits to ensure compliance with this Code and the Act and to ensure that the notification is kept up-to-date.

Access to data

The Act gives data subjects a right to access to personal data held about them by The Smart Day Group and allows The Smart Day Group to charge a fee for such access (up to a prescribed maximum). The Smart Day Group will normally charge this prescribed limit (currently $15) for subject access requests to personal data which is processed automatically or held in structured manual files.

All formal subject access requests must be responded to within the 40-day period prescribed by the Act, and must be notified to the Data Protection Officer as soon as they are received. Any cases of doubt as to whether a request for access to personal data is a subject access request under the Act must be referred to the Data Protection Officer without delay.

From 1 January 2005, rights of access will be extended to data held in unstructured manual filing systems. However, The Smart Day Group will not be obliged to disclose such data unless the data subject can provide a description of it, nor if the costs of locating it exceed the maximum search costs allowed for under the Freedom of Information Act.

Retention of Data

Personal data must only be kept for the length of time necessary to perform the processing for which it was collected. This applies to both electronic and non-electronic personal data.

Data Transfer

When personal data are transferred internally the recipient must only process the data in a manner consistent with original purpose for which the data was collected.

Personal data can only be transferred out of the European Economic Area under certain circumstances. The Act lists the factors to be considered to ensure an adequate level of protection for the data and some exemptions under which the data can be exported. Information published on the Web must be considered to be an export of data outside the EEA.

Data Security

All The Smart Day Group users of personal data must ensure that all personal data they hold is kept securely. They must ensure that it is not disclosed to any unauthorised third party in any form either accidentally or otherwise.

Data Protection and Research

Data collected for the purposes of research are covered by the Act. They will however be exempt from Subject Access if only intended for publication in such a way that individuals cannot be identified.

Data Protection Officer

The Smart Day Group has notified the Office of the Information Commissioner that it processes personal data. Questions related to the terms of the notification and other day to day matters on the operation of the policy and the Act can be dealt with by the Data Protection Officer.

CHANGES TO THE AGREEMENT

Any changes to the Agreement by The Smart Day Group will be notified to registered users by way of screen display. Continued use of the Smart Citizen system after the posting of such displays will constitute acceptance of the modifications to the agreement by the registered user, including acceptance on behalf of all supplementary users authorised by the registered user.

Termination of the Agreement

Registered users may stop using the Smart Citizen system at any time and can delete their complete records. The Smart Day Group may also terminate a user's access to the system. Records held at the point of termination by The Smart Day Group will be made available to the user for a limited time, prior to complete removal.

The Smart Day Group may, at its sole discretion, terminate user access without prior notice in such circumstances where offensive, pornographic or misleading material is published by any user. Such termination will result in the deactivation of the account and the forfeiture of the content. The Smart Day Group reserves the right to refuse service to anyone for any reason at any time.

Limitation of Liability

The limit of liability by The Smart Day Group to its registered users is limited to $15 per registered user, and this sum includes all associated supplementary users.

Law and Jurisdiction

The Smart Day Group in the United Kingdom is the trading name of Smart Day Limited.

Registered address: 1000 Lakeside Portsmouth Hants, PO6 3EN United Kingdom

Company no: 7685419 Registered in England

For all users worldwide this Agreement is governed by the laws of England & Wales. Any dispute relating to this Agreement for any worldwide user shall fall within that jurisdiction.