This page (together with the documents referred to on it) tells you the terms on which you may use the Clean Air in Cities app and widgets (‘App’). You should read these ‘Terms of Use’ carefully before you start to use the App.
By using the App, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these Terms of Use, you do not have permission to use the App.
1. Information about us
The App is developed by Clean Air in London (‘CAL’ or ‘We’) which is a company registered in England and Wales with company number 7413769 and registered office address Thames House, Mere Park, Dedmere Road, Marlow, Bucks SL7 1PB. Clean Air in Cities is a name used by CAL.
2. Using the App
The App is available to android devices and iPads and iPhones running Apple iOS. The version of the App may be upgraded from time to time to provide new functions and services. New versions may not be compatible with earlier versions of android or iOS and may not therefore function on older devices.
You may use the App but we reserve the right to withdraw or amend the service that we provide through the App without notice. We may also suspend or terminate your licence to use the App at our discretion, at any time, without notice to you.
We will not be liable if for any reason the App is unavailable at any time or for any period and you acknowledge and accept that the App is provided over mobile networks and the internet which are outside of our control and may affect the quality or availability of the App.
The App is provided on an ‘as is’ and ‘as available’ basis.
The App is currently provided free of charge for your personal, non-commercial use but you acknowledge that you may be charged by your network provider when using the App. You are solely responsible for such charges.
You may be invited to make a donation to help us to continue to provide the App. You are not obliged to make a donation but if you do so it will be processed via PayPal or a similar banking service and will therefore be subject to their terms and conditions which you must accept in addition to these Terms of Use. Any donations that you make will be non-refundable and are provided unconditionally to us to make use of as we see fit.
When using the App, you must comply with the following provisions:
- You may use the App for lawful purposes only.
- You must not use the App: (1) if your use breaches any applicable law or regulation whether local, national or international; (2) if your use is harmful, unlawful or fraudulent; (3) to knowingly introduce or transmit viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful.
- You must not gain, or attempt to gain, unauthorised access to the App, any server, equipment or database connected to the App.
- You must not attack the App via a denial-of-service attack or a distributed denial-of service attack or do anything that could disable or impair the App.
- If you breach any provisions of the Computer Misuse Act 1990 you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
If you breach these terms your right to use the App will cease immediately.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of the App in contravention of these Terms of Use;
- not to access without authority, interfere with, damage or disrupt: any part of othe App; any equipment or network on which the App is stored; any software used in provision of the App; or any equipment or network or software owned or used by any third party.
- to comply with and be bound by CAL’s fair use policy.
These Terms of Use also govern your use of the App’s widgets which are protected by copyright.
The App and widgets are made available to you provided that your make fair use of them subject to these Terms of Use. They may not be used for commercial purposes. CAL reserves the right to change its fair use policy in the future.
3. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the App and its content including but not limited to the design and arrangement of such content, materials and software and the ‘Air Pollution Alert Index’, ‘Birkett Index’, ‘Clean Air in Cities’, ‘Clean Air in Cities Index’ and ‘Clean Air in London’ which, together with their associated logos, are trademarks or registered trademarks of CAL (the ‘Content’). You must not use the App or any part of its Content for commercial purposes without our prior written approval or that of our licensors. Subject to your acceptance of these Terms of Use we grant you a non-exclusive, non-transferable licence to download, install and use the app on your iPhone, iPad or android device.
4. Reliance on information posted
Please read about the information displayed on the App which is accessed via the ‘About’ button. Commentary and other App content is not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the App, or by anyone who may be informed of any of its contents. The App content is provided without any guarantees, conditions or warranties as to its accuracy and any of the App content may be out of date at any given time. Any element of the Content of the App which involves an estimate, forecast or prediction should not be relied upon as though it were a statement of fact. To the fullest extent permitted by applicable law, CAL excludes all warranties or representations (express or implied) in respect of the Content of the App. We are under no obligation to update the App or its contents at any time. Nothing in these terms of use is intended to detract from your rights (if any) as a consumer.
5. Our liability
We shall have no liability for any loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) data (whether direct or indirect) or any other indirect or consequential losses whether arising in contract, tort (including negligence) or otherwise incurred by any user in connection with the App or in connection with the use, inability to use, or results of the use of the App, any websites linked to it and any materials posted on it. Nothing in these terms shall limit or exclude any liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be properly excluded under English law.
6. Data Protection
We process information about you in accordance with our Privacy Policy. By using the App, you consent to such processing and you warrant that all data provided by you is accurate.
8. Links from the App
Where the App contains links to websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
9. Jurisdiction and applicable law
These terms of use are subject to the laws of England and Wales and the Courts of England shall have jurisdiction over any claim arising from or in relation to them.
10. Amending the Terms of Use
We may revise these Terms of Use at any time by amending this page, such change shall be effective immediately on posting to this page. You should check this page from time to time to take notice of any changes that we made, as they are binding on you.
11. Your comments
If you have any comments or suggestions for improving the material which appears on the App, please contact us at cleanair.london/contact.
Privacy policy
Clean Air in London (‘CAL’ or ‘We’) are committed to protecting and respecting your privacy. This policy (together with our Terms of Use and any other documents referred to in it) sets out the basis on which we may process any personal data that we collect from you, or that you provide to us. Please read this policy carefully. By using the Clean Air in Cities app or widgets (‘App’) you are agreeing with the terms of this policy. If you do not agree with this policy please do not use the App. For the purpose of the Data Protection Act 1998, the data controller is Clean Air in London which is a company limited by guarantee, registered in England and Wales, with company number 7413769 and registered office address Thames House, Mere Park, Dedmere Road, Marlow, Bucks SL7 1PB.
1. Information that we may collect from you
We may collect and process the following data about you:
- Information that you provide by filling in forms on the App.
- A record of any correspondence between you and us.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of your use of the App and the resources that you access.
2. IP addresses
We may collect information about your mobile device. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. We use this information for system administration and may report aggregate information to our supporters.
3. Cookies
A cookie is a small file of letters and numbers that may be stored on your browser or the permanent memory of your device. Cookies contain information that is transferred to your device hard drive to distinguish you from other users.
No data is passed from this App to Clean Air in London. The App’s location mechanism is managed on the device. By default the App does not include your location in posts on Twitter, Facebook or otherwise. You may choose however to display your location by using the button provided by android or iOS on the post dialog.
If you link from the App to websites then those websites may use cookies and you should read the Terms of use and Privacy policies of those websites. You acknowledge and accept that we are not responsible for those websites or the cookies that they may use.
If you do not wish cookies to be placed on your device then you can find out how to control or delete cookies at aboutcookies.org.uk or elsewhere. However, if you delete cookies or choose not to allow them you may not be able to access all or parts of a website and your experience may be adversely affected.
4. Where we store your personal data
Your data will remain within the United Kingdom (‘UK’) and the European Economic Area (‘EEA’) except where we may transfer some limited personal data to the United States of America (see above). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the App; any transmission is at your own risk. Once we have received your information, we will use procedures and features to try to prevent unauthorised access.
5. Uses made of the information
We use information held about you in the following ways:
- To ensure that content from the App is presented in the most effective manner for you and for your computer or mobile device.
- To provide you with information or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To notify you about changes to our service.
- We may also permit selected third parties to use your data to provide you with information about goods and services which may be of interest to you where you have consented to be contacted for such purposes.
We may also use device GPS to deliver you location-specific information. You can withdraw your consent at any time by disabling Location Data in your device settings. This may disable the information provided by the App.
Software development kits deemed as strictly necessary in the App include Firebase Analytics and Crash Reporting.
We do not disclose information about identifiable individuals to our supporters, but we may provide them with aggregate information about our users (for example, we may inform them that 430 people from London aged under 30 have used the App on any given day). We may also use such aggregate information to help supporters reach the kind of audience they want to target (for example, men in SW2). We may make use of the personal data we have collected from you to enable us to display our communications to that target audience.
6. Push notifications
If you choose to receive push notifications, a unique identifier relating to your device will be stored by our data processor on behalf of Clean Air in London to provide you with the service.
7. Disclosure of your information
We may disclose your personal information to any member of our group, which means subsidiaries, ultimate holding company and any subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
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 our company, or substantially all of our assets, are acquired by a third party, in which case personal data held by us about our 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 obligation, or in order to enforce or apply our Terms of use and other agreements; or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
8. Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually 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 your right to prevent such processing by ticking certain boxes on forms we use to collect your data. You can also exercise the right at any time by contacting us at our registered office address Thames House, Mere Park, Dedmere Road, Marlow, Bucks SL7 1PB.
If you follow any links from the App to any third party website, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
9. Access to information
You have the right to access information held about you. Your right of access can be exercised in accordance with the Data Protection Act 1998.
If you make an access request we may charge you a fee of £50 to cover our costs in providing you with details of the information we hold about you.
10. Changes to our privacy policy
Any changes that we may make to our Privacy Policy in the future will be posted on this page, such change shall be effective immediately on posting to this page. You should check back from time to time, as they are binding on you.
11. Contact
If you have any questions about this Privacy Policy, please contact us at: Founder and Director, Clean Air in London at Thames House, Mere Park, Dedmere Road, Marlow, Bucks SL7 1PB.
