Mobile Application Privacy Policy

1. You agree to the terms by using these Mobile applications, i.e., iTrees, iBirds, iButterflies and eForestrails - SGNP developed by iNaturewatch Foundation. The term (“we” or “us” or “our”) individually or collectively refers to iNaturewatch Foundation and respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our mobile application (the “Application”).   Please read this Privacy Policy carefully.  IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE APPLICATION OR DOWNLOAD IT. 

1. We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application after the date such revised Privacy Policy is posted. 

1. This Privacy Policy does not apply to the third-party online/mobile store from which you install the Application or make payments, including any in-game virtual items, which may also collect and use data about you. We are not responsible for any of the data collected by any such third party. 

1.  COLLECTION OF YOUR INFORMATION

We may collect information about you in a variety of ways. The information we may collect via the Application depends on the content and materials you use and includes: 

(1) Personal Data and Derivative Data

Demographic and other personally identifiable information (such as your name and email address) that you voluntarily give to us while installing the Application or sending feedback. The information our servers automatically collect when you access the Application is native actions that are integral to the Application, such as using the GPS Trails, feedbacks, liking post or audios as well as other interactions with the Application and other users via server log files. 

(2) Geo-location information 

We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using the Application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.

(3) Mobile Device Access

We may request access or permission to certain features from your mobile device, including your mobile device’s [Bluetooth, camera, contacts, microphone, sensors, social media accounts, storage,] and other features. If you wish to change our access or permissions, you may do so in your device’s settings.

(4) Mobile Device Data

Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.

(5) Push Notifications

We may request to send you to push notifications regarding your account or the Application. If you wish to opt out from receiving these types of communications, you may turn them off in your device’s settings.

2.  USE OF YOUR INFORMATION

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. 

The information and materials on this Mobile Application are provided for general informational purposes. You may use this application solely to find out information about biodiversity and INW services. All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned or used under license, by the business and/or its associate entities who feature on this Mobile Application. The use of these properties or any other content of this Mobile Application, except as provided in these terms and conditions or in the app itself, is strictly prohibited. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Application for any other purpose. You may not sell or modify the content of this Mobile Application or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without our written permission. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

3.  DISCLOSURE OF YOUR INFORMATION

We may share information we have collected about you in certain situations. Your information may be disclosed as follows: 

(1) By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

(2) Marketing Communications

With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

(3) Affiliates and Business Partners

We may share your information with our affiliates, in which case we will require those affiliates to honour this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us. We may share your information with our business partners to offer you certain products, services or promotions. 

4.  ACCEPTABLE APPLICATION USE

Security Rules 

The people who download the application are prohibited from violating or attempting to violate the security of the mobile app, including, without limitation, 

(1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, 

(2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, 

(3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or 'Trojan horse'.  

(4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. 

Violations of system or network security may result in civil or criminal liability. The foundation and/or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

General Rules 

Visitors may not use the Mobile Application to transmit, distribute, store or destroy material 

(a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, 

(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or 

(c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful

5.  SECURITY INFORMATION 

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

6.  POLICY FOR CHILDREN

We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data, we have collected from children under age 13, please contact us using the contact information provided below. 

7.  CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems [and our mobile applications] include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practise in a revised version of this Privacy Policy. 

  
8.  INTELLECTUAL PROPERTY

You agree that all copyrights, trademarks and all other intellectual property rights in the material and content of this Mobile Application shall remain vested in us or our licensed partners. You acknowledge and confirm that the material and content contained within the Mobile Application is made available for your personal non-commercial use only. Any other use of the material and content of this Mobile Application is strictly prohibited.

9.  LIMITATION OF LIABILITY

Notwithstanding our reasonable endeavours to verify the accuracy of the information appearing on this Mobile Application, we make no express or implied warranties concerning its accuracy. We make no warranty that the Mobile Application will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Application or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Mobile Application. We will not be liable to you for any loss of content or material uploaded or transmitted through the Site. So far as the law allows, we shall not be liable to you for any other loss or damage whatsoever. Your statutory rights as a consumer and your cancellation rights are not affected by these Conditions. Nothing in these Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees or agents.
 

User agrees that neither Foundation nor its trustees, directors, officers or employee shall be liable for any direct or /and indirect or/and incidental or/ and Special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for the cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/ and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Foundation has been advised of the possibility of such damages.

User further agrees that Foundation shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

User agrees that Foundation shall not be responsible to the user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Foundation's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Foundation, if any, that is related to the cause of action.

10.  WAIVER

Any delay or failure on our part to exercise our rights under these Conditions shall not be construed as a waiver of any prior or subsequent breach by you of any provision.

11.  INDEMNITY

The User unilaterally agree to indemnify and hold harmless, without objection, the Foundation, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of www.inaturewatch.org or their breach of the terms.

12.  SEPARATE CONDITIONS

If any part of these terms and conditions is held to be unlawful, void or unenforceable for any reason, it shall not affect the remaining provisions of the Conditions which shall remain in full force and effect.

13.  GOVERNING LAW

The laws of India shall govern the contract between us and any dispute between us will be resolved exclusively in the courts of India.

Contact Our foundation details are:

Flat No. 2, Mandar CHS, Plot A-23, Next to Honda Service Center Sector-12, Kharghar, Navi Mumbai- 410210. Maharashtra. India.

Mobile: + 91 9987 013144 (Monday to Friday between 10am to 6pm except bank holidays)

Email ID: info@ladybirdconsulting.co.in

Ladybird Environmental Consultancy is knowledge partner of iNaturewatch Foundation charitable trust (reg. E-1074 it. 13 May 2016) registered in India.