Welcome to CheckOnMe!

These terms govern your use of the CheckOnMe app and website (Products).

To provide these services, we may store and use some of your personal data. We detail our practices in the Data Policy, which you must agree to in order to use our Products.

Data Policy

This policy describes the information we process to support CheckOnMe.

What kinds of information do we collect?

To provide the CheckOnMe Products, we must process some information about you. The types of information we collect depends on your use of our Products.

Things you and others do and provide:

  • Information and content you provide. We may collect the content and other information you provide when you use our Products, including when you sign up for an account. This can include information in or about the content you provide (like metadata), such as the location of a photo or the date a file was created.
  • Your usage. We may collect information about how you use our Products, such as the actions you take; the pictures you are uploading; and the time, frequency and duration of your activities.
  • Information about transactions made on our Products. If you subscribe to our Products or make a donation, we may collect information about the transaction. This includes payment information, such as your credit or debit card number and other card information; and billing and contact details.
  • Things others do and information they provide about you. We may also receive information that other people provide when they use our Products. This can include information about you, such as one or multiple pictures of you and some other detail they may choose to share.

How do we use this information?

  • Location-related information: We may store and use location-related information that are included in the metadata of the picture you upload, or that you provide to us.
  • Product research and development: We may use the information we have to develop, test and improve our Products, including by conducting surveys and research, using feedback from users and testing and troubleshooting new features.
  • Face recognition: We may use face recognition technology to recognise you or other people in photos and camera experiences. The face-recognition templates we create may constitute data with special protections under the laws of your country.

How is this information shared?

You choose the pictures/photos/images, information and data you want share (Public Information). For example, when you upload pictures and information of your choice, you agree other users can see it when they use the Product.

Public Information can be seen by anyone using our Products including if they don’t have an account. This can include your photo and other information you choose to add to the platform.

Content others share about you

You should consider what data you choose to share, because people you don’t know can see your data on our Products. Other people do not need to have an account to access your information. For example, other people may take a picture of you and use face recognition technology on our Product to identify you and access your data and information.

New owner

If the ownership or control of all or part of our Products or their assets changes, we may transfer your information to the new owner.

Sharing with Third-Party Partners

We may work with third-party partners who help us provide and improve our Products or who may access your information for a specific purpose. We don’t sell any of your information to anyone. For example, third parties we share information with may include partners who provide analytics services.

We may also provide aggregated statistics and insights that help people and businesses understand how people are engaging with our Products. For example, aggregate demographic and other information that helps them understand interactions with our Products.

Vendors, service providers and partners.

Vendors and service providers who support our business may have access to your information. These vendors may provide technical infrastructure services, analyzing how our Products are used, providing customer service, facilitating payments or conducting surveys.

Researchers and academics.

We may also provide information and content to research partners to conduct research that advances innovation that support our business or mission, and enhances discovery and innovation on topics of general social welfare, technological advancement, public interest, health and well-being, or other.

Law enforcement or legal requests.

We may share information with law enforcement or in response to legal requests.

How can I manage or delete information about me?

You may not have the ability to manage or delete some of the information you provide to us when using our Products. We continue to add features and improve usability of our platforms and this will become available in the future.

How do we respond to legal requests or prevent harm?

We access, preserve and share your information with regulators, law enforcement or others:

  • In response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions globally when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
  • When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm.
  • Information we receive about you (including financial transaction data) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeat abuse or other term violations.

How will we notify you of changes to this policy?

We’ll notify you either on the app or via email before we make changes to this policy and give you the opportunity to review the revised policy before you choose to continue using our Products.

How to contact CheckOnMe with questions

If you have questions about this policy, you can contact us at info@checkonme.info or call +61 4 2065 6365.

Your Commitments to CheckOnMe

We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:

  • Use the same name that you use in everyday life.
  • Provide accurate information about yourself.
  • Create only one account (your own)
  • Only upload photos and information relevant to you, your family and dependants
  • Not share your password, give access to your CheckOnMe account to others, or transfer your account to anyone else (without our permission).

We try to make CheckOnMe broadly available to everyone, but you cannot use CheckOnMe if:

  • You are under 18 years old
  • We previously disabled your account for violations of our terms or policies.
  • You are prohibited from receiving our products, services, or software under applicable laws.

We want people to use CheckOnMe to share content that enables other people to help them in unexpected situations, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

  1. You may not use our Products to do or share anything:
    – That violates these terms and the Terms of Service
    – That is unlawful, misleading, discriminatory or fraudulent.
    – That infringes or violates someone else’s rights.
  2. You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
  3. You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.

We can remove content you share in violation of these provisions. We may also disable your account if you repeatedly infringe other people’s intellectual property rights or for other reasons.

To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms.

The permissions you give us

We need certain permissions from you to provide our services:

  1. Permission to use pictures and information you upload or share. Specifically, when you add content that is covered by intellectual property rights (like photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This means, for example, that if you upload a photo on CheckOnMe, you give us permission to store, copy, and share it with others, including service providers that support our service or other CheckOnMe Products you use. You can end this license any time by contacting us to delete your content or account and we will do so in a reasonable amount of time. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users).
  2. Permission to update the Product you use or download: If you download or use our Product, you give us permission to download and install upgrades, updates, or additional features to improve, enhance, and further develop it.

Limits on using our intellectual property

If you use content covered by intellectual property rights that we have and make available in our Products (for example, images or information), we retain all rights to that content. You must obtain our written permission to modify, create derivative works of, decompile, or otherwise attempt to extract source code or other intellectual property from us.

Additional provisions

1. Updating our Terms

We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we may notify of changes. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.

We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be on CheckOnMe, you can contact us at info@checkonme.info to delete your account.

2. Account Suspension of Termination

If we determine that you have violated our terms or policies, we may take action against your account to protect our community and services, including by suspending access to your account or disabling it. We may also suspend or disable your account if you create risk or legal exposure for us or when we are permitted or required to do so by law. Where appropriate, we will notify you about your account the next time you try to access it.

If you delete or we disable your account, some of these Terms will remain in place, as appropriate.

3. Limits on Liability

We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or use of the CheckOnMe Products, even if we have been advised of the possibility of such damages.

4. Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply.

If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the CheckOnMe Products (“claim”), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim.

5. Other

1. These Terms, along with the Terms of Service, make up the entire agreement between you and CheckOnMe Pty Ltd regarding your use of our Products. They supersede any prior agreements.
2. If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
3. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
4. You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.
5. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
6. We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
7. We reserve all rights not expressly granted to you.

Other terms and policies that may apply to you include the Terms of Service.

Date of Last Revision: 13 November 2018