PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE APP

Contents:

• Important Information

• Your Data and Rights

• User Account Information

• Terms of Use

• Additional Terms

• App Support

• App Use

• Licence Restrictions

• Intellectual Property Rights

• General Terms

1 – Important Information

Vypr Validation Technologies Limited (company number 08589377), located at Suite 02-120, 29 John Dalton Street, MANCHESTER, M2 6FW, UK (“Vypr”, “we”, “our” or “us”).

We process consumers personal data as part of our data validation platform we offer to our clients. Consumers download the Vypr App  and answer steers (our term for questions) that our clients set. The Vypr platform has many ways to ask questions. We act as the Data Controller in relation to personal data and our clients act as a Data Processor. Before we collect and process any data, we will ask you to read this Privacy Policy and Terms, to confirm you consent to us using your data in this way. 

You may also withdraw your consent at any stage for us to process any of your data. To do this please email compliance@vyprco.com or telephone our customer service line on +44 (0) 161 694 6320.  

We may amend this Policy and Terms from time to time. Every time you wish to use our App, please check this Policy and Terms to ensure you understand those that apply at that time. 

2 – Your Data and Rights

You have the following rights in relation to your personal data:

1. The right to be informed
2. The right of access
3. The right to rectification
4. The right to erasure
5. The right to restrict processing
6. The right to data portability
7. The right to object
8. Rights in relation to automated decision making and profiling.

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract, we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. 
• Where we need to comply with a legal or regulatory obligation. 

We have set out below, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. 

Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below:

We have a designated Data Protection Officer (‘DPO’) who may be contacted via dpo@vyprco.com regarding any data protection and privacy matters.  You also have the right to lodge a complaint with a supervisory authority – a full list of EU regulators is available here, and the contact details of the UK regulator, the ICO, is here

3 – User Account Information

Your user account information is processed as per your contract with us, which you have consented to, and you may not be able to use the Vypr App without us being able to process it.  We share your responses to “steers” with our clients, your survey answers are pseudonymized, except if you have uploaded a video of yourself and it is retained by us in connection to aggregated survey results reports (“VyPops”). It is also aggregated into different ‘locales’ to match our clients with individuals they wish to survey. 

It is also shared with various service providers who we rely on as part of your contract with us, and the processing is necessary as part of the contract, including Paypal details you provide us with to pay you for completed surveys.  Account information you provide us with is retained whilst your account is active.  

Geolocation When you first set up your user account on the Vypr  App, a geolocation lookup is done for your IP address.  Your user account is placed in a ‘locale’ based on your country, which we is done in our legitimate interests to ensure only individuals from territories we service can use our  App, and can earn money from our surveys, as well as match our clients with individuals they wish to survey.  Your IP address is shared with a service provider who will perform the geolocation lookup which may include any detection of VPN or other IP masking means.  Geolocation lookup results (your country) are retained as part of your account information whilst the account is active.

 Metadata The Vypr  App relies on service providers to process your metadata to derive and store various metrics, logs, usage data and your IP address in our legitimate interests for performance and security purposes, to prevent or fix any potential bugs or errors as they occur, and to further develop the Vypr  App.  Your metadata and logs from these are retained for up to one year.

By downloading the Vypr  App you consent to Firebase, MixPanel and Google Analytics (Google LLC) to capture and analyse usage related metrics, such as IP address, session duration, device model, operating system, geography, first launches, app opens and app updates.  Google Analytics may capture extra data about you including your name, age, gender, country, language, and interests.  This data will be retained for up to 14 months.  If you wish to exercise your data protection rights, please contact Google directly – click here for more data protection and privacy information on Google. 

VyPops Steers If you consent to take part in VyPops steers, your device will be used to record audio and video while taking the steer. We then use a third party, Mux, who are a Video Processing Service provider to process the video for us. We also use Assembly AI, who convert any video/audio to text automatically for us, and Besedo who act as a moderator for us, to ensure any videos meet our content standards. The video taken by your device is uploaded to a cloud service provider we rely upon and is made available to our client who ordered the steer you responded to, which forms part of your contract with us and for us to fulfil our contract with the client. The client may download your VyPops recording and process it for the purposes of marketing including market research, while text transcripts are pseudonymized and disclosed to the client via steer results reporting. We and any suppliers we use listed above, retain our copy of the video recording for up to 2 months, though we may choose to delete it earlier. Our client may retain a copy of the recording for up to 12 months though may choose to delete it earlier. You may delete your copy of the recording on your device at any time of your choosing. Text transcripts are retained as part of aggregated steer result reports. We have arrangements in place with the parties involved with the processing of personal data, and all matters relating to data protection and privacy should be addressed to us.

Email Tracking

We rely upon service providers to track emails for deliverability and recipient responses for our legitimate interests and undertake analytics with this data to improve our messaging.  The information gathered by this tracking is retained for up to six years.

Special Category Data

Where you are asked to answer steers which involve the processing of Special Categories of Data, Data Protection legislation gives this type of data extra protection, these Special Categories are:

• personal data revealing racial or ethnic origin;
• personal data revealing political opinions;
• personal data revealing religious or philosophical beliefs;
• personal data revealing trade union membership;
• genetic data;
• biometric data (where used for identification purposes);
• data concerning health;
• data concerning a person’s sex life; and
• data concerning a person’s sexual orientation.

o process Special Categories of Data, we need your explicit consent, so you will be asked to specifically confirm you consent to the processing of Special Categories of Data before you answer any steer involving this. You do not have to answer any of these steers if you do not wish to.

You may also withdraw your consent at any stage for us to process any of your data. To do this please email compliance@vyprco.com mailto:hello@vypr.itor telephone our customer service line on +44 (0) 161 694 6320.  

4 – Terms of Use

This sets out the content standards that apply when you upload content to our App or website,  link to our App, or interact with our App in any other way.

By using our App you confirm that you accept the terms of this Policy and that you agree to comply with them. If you do not agree to this, you must not use our App.

Prohibited Uses

You may use our App only for lawful purposes. 

You may not use our App:

• To obtain knowledge or insight into a competitors product development.
• In any way that breaches any applicable local, national, or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (which are documented in the section below).
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

• To infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
• To transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of 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, including but not limited to automated processing such as through the bots; and
• To 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.

You also agree:

• Not to reproduce, duplicate, copy, or re-sell any part of our App.
• Not to access without authority, interfere with, damage, or disrupt:

• any part of our App;
• any equipment or network on which our App is stored;
• any software used in the provision of our App; or
• any equipment, network, or software owned or used by any third party.

Interactive Services

We may from time to time provide interactive services on our App, including, without limitation:

• Chat rooms.
• Bulletin boards.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

Content Standards

These content standards apply to all material which you contribute to our App (Contribution). 

The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in our discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Be given by an individual App user without the use of any automated means.
• Be in the local language of the app
• Be legible.
• Be relevant/in the context of the question asked.
• Comply with the law applicable in England and Wales and in any country from which it is 

A Contribution must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful, or inflammatory.
• Promote sexually explicit material.
• Contain any sexual or pornographic material.
• Promote violence.
• Cause upset or distress.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any copyright, database right or trademark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be in contempt of court.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety.
• Be likely to harass, upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from us, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other apps.

Breach of Terms of Use

When we consider that a breach of these Terms of Use has occurred, we may take such action as we deem appropriate.  

Failure to comply with these Terms constitutes a material breach of the end user license agreement upon which you are permitted to use our App, and may result in our taking all or any of the following actions:

• Immediate, temporary, or permanent withdrawal of your right to use our App.
• Termination of our end user licence agreement with you, including but not limited to removal of any Vypr points deemed to have been gaine over a period in which you were in breach of this policy.
• Immediate, temporary, or permanent removal of any Contribution uploaded by you to our App.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

The terms of this policy, 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 exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Please be aware that internet transmissions are never completely private or secure and 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.

5 – Additional Terms 

Please see the privacy notices in relation to the services set out below which will be governed by the following terms of use: 

The ways in which you can use the App and Documentation may also be controlled by Apple’s iTunes® rules and policies and Google Play™ store rules and policies, which will apply instead of these terms, where there are differences between the two. 

This App requires an iPhone or Android smartphone device. Always ensure you have the minimum required operating system for IoS or Android before attempting to install this App on your Apple or Google device. 

6 – App Support

Support. If you want to learn more about the App or the Service or have any problems using them, please look at our support resources.

Contacting us (including with complaints) If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at compliance@vyprco.com or call them on +44 (0) 161 694 6320. 

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

7 – App Use

If you download or stream the App onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the device. 

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

• download a copy of the App onto an iPhone or Android smartphone device with the minimum required operating system. and view, use and display the App and the Service on such devices for your personal purposes only; 
• use any Documentation to support your permitted use of the App and the Service;
• provided you comply with the licence restrictions, receive, and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

You must be 18 or over to accept these terms and use the App. 

We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. 

We will give you notice of any change by notifying you of a change when you next start the App. 

If you do not accept the notified changes, you may not be permitted to continue to use the App and the Services. 

From time to time, we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. 

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

Where the App contains links to other sites, we provide access to these links only as a convenience to you, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to those links. You use all such links at your own risk and should apply a suitable level of caution and discretion in doing so. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such links. We are not responsible for the privacy practices or the content of such websites.

We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for business and operational reasons, which will not affect your statutory rights

If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at compliance@vyprco.com or call us on +44 (0) 161 694 6320. 

8 – Licence restrictions

You agree that you will:

• only hold one user account on the App and shall not replicate that account or hold a duplicate account on the App;
• only hold your user account on one device;
• not use this App as a consumer if you are an employee or contractor of a Vypr client, or anyone working on their behalf;
• not use this App if you work in production, supply or retail of Consumer Packaged Goods;
• not use this App as a consumer for commercial gain;
• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter, or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on  any part of the App or the Services nor attempt to do any such things
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

9 – Intellectual property rights

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

10 – General Terms

If we fail to comply with 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. 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.

The App and the Services do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on 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.

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.

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 Appstore site and in the Documentation) meet your requirements.

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 contact us to end your contract with us.

Whenever you make use of a feature that allows you to upload content to our Site or App you must comply with the Content Standards set out above.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our App will be considered non-confidential and non-proprietary. When you upload content to the App you will automatically transfer to us all your ownership rights in your content, including but not limited to use, store and copy that content and to distribute and make it available to third parties, namely our clients or suppliers who we use to assist us. Further information on these suppliers is listed above.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or of their right to privacy.  When doing so we may base this on consent or other lawful bases.  We have the right to remove any posting you make on our App if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

We may end your rights to use the App and Services if you have broken these terms or if we have reason to believe that you are using the App for fraudulent activities or via any automated means such as, but not limited to, a Bot or any similar technological capabilities. If what you have done can be put right, we will give you a reasonable opportunity to do so.

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

• You must stop all activities authorised by these terms, including your use of the App and any Services.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
• We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
• We may also deduct all points accrued at the time and will not compensate you for any amount, either below or above the cash out point.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract or as laid out in our privacy notice.

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

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.

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. 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.