Terms of Use (Platform)

Effective date: 4th July 2020 (version 1.0)

Hello

Our vision is to provide transparency-as-a-service to organisations and governments choosing to adopt artificial intelligence, facial recognition and technological surveillance. We will continue to develop and extend FORTYEIGHT over the coming months, so we may need to update these Terms of Use, as FORTYEIGHT evolves.

These Terms of Use explain:

  • the rules which apply when you use FORTYEIGHT;
  • what you can do with the information that you view when using FORTYEIGHT; and
  • what we can do with the information you upload to FORTYEIGHT.

The Terms of Use explain your rights and responsibilities and our responsibilities towards you.

Please take time to read the Terms of Use. We may update the Terms of Use in the future. When you access FORTYEIGHT, the latest version of the Terms of Use will always apply, so please check in for updates.

Please also see our Privacy Policy and Cookies Policy, which explain how we use your personal information and the cookies that we use.

When do these Terms of Use apply?

These Terms of Use apply whenever you use FORTYEIGHT. If you are not happy to agree to these Terms of Use, please do not use our service. If you do not comply with the rules set out in these Terms of Use we may suspend or terminate your account.

Who are we?

We are Harmonise Technology Ltd. We own and operate FORTYEIGHT.

Harmonise Technology Ltd is a company registered in England (company number 12169607) with VAT number GB-333011853. Our registered office address is 35 Ballards Lane, London N3 1XW.

Meanings of words we use in these Terms of Use

When we use the words and phrases that are highlighted in bold below, they have specific meanings, as explained below.

identity means an identifier that is linked to you. This includes information like email address, IP address, advertising IDs, device ID, mobile and landline phone number, government issued documents and biometrics including visually identifiable features.
identity portfolio means the portfolio of identities associated with you, that you can manage using FORTYEIGHT.
intellectual property rights means rights such as copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
observation means an observation made about an individual. An observation could be a factual observation, such as an observation about a person’s age or nationality based on information that a person has submitted directly to an organisation. Alternatively, an observation could be based on assumptions, such as an observation about a person’s interests based on pages that they have viewed when visiting a website.
organisation means a third-party organisation that makes observations about individuals.
we or us means Harmonise Technology Ltd.
you means an individual user of FORTYEIGHT.

FORTYEIGHT

FORTYEIGHT helps inform you when organisations make observations about you, so that you have a better understanding of when observations are being made and the impact they have on you. You can also use FORTYEIGHT to validate whether certain observations about you are accurate and, if you choose to do so, you can use FORTYEIGHT to authorise sharing of observations, or part of observations, with third parties when they request it.

Using FORTYEIGHT you can:

  • manage your identity portfolio, so that you can see in one place the different identifiers used by organisations to identify you;
  • add, update and delete identities within your identity portfolio at any time;
  • be informed when organisations make observations about you;
  • validate certain observations if you wish to do so. For example, if an organisation makes an observation that you are interested in gardening, you could validate whether this is correct or not;
  • add additional information about your interests or your preferences and share this with organisations if you choose to do so;
  • share observations with third parties when they request it, if you are happy to do so. For example, if an airline or a hotel requests to see information about your Covid-19 status through FORTYEIGHT, you can manage those requests and accept or decline to share your information;
  • create transparency alerts by uploading information when observations are made about you to trigger an email to the relevant organisation asking for more transparency information;
  • check in to locations (such as an event, pub or nightclub), so that organisations can keep track of when you were at their venue or event, in case they need to notify you about a Covid-19 risk or tell you about other observations they have made about you.

FORTYEIGHT, as described above, is provided to you free of charge. As we develop the product further, there may be new features that you have to pay for if you wish to use them.

Creating an account

You need to create an account to access the full range of our services. When you register, you must give us true, accurate and up to date information about yourself. You are only permitted to create an account for yourself and you must only input information about your own identities.

If you add identities relating to somebody else, for example, another individual’s email address, we will treat this as a serious breach of these Terms of Use. Your account may be suspended or terminated, and we may report you to the police or other appropriate authorities if we suspect you are trying to obtain information about another person or using FORTYEIGHT in breach of any applicable law.

We recommend that you check your account regularly and let us know if any of your information changes. This will ensure that you get the best possible use of our services. You can update your information, including information about your identities, at any time using the identities section of the FORTYEIGHT digital application.

How does FORTYEIGHT work?

To enable better transparency about observations being made about you, we have relationships with organisations who tell us when they make observations. They tell us what the observation is and also provide details of the “identifier” that they use to link the observation to an individual. This could be an email address, mobile phone number, IP Address, advertising ID, device ID or similar.

Details about the observations are held securely by us on behalf of the organisation in a database that we call an “escrow account”. The organisation specifies for how long they would like the observation to stay in the escrow account. Observations held in the escrow account are deleted automatically at the end of the retention period specified by the organisation.

When we receive observations in the escrow account, we check whether any of the observations relate to our users. If you are a user of FORTYEIGHT, we will inform you about the observation, using your preferred channel, so that you have better visibility and understanding when organisations make observations about you. Details of observations will remain visible to you in your Fortyeight account even when the observation has been deleted from the escrow account.

What happens if observations are incorrect?

Sometimes an organisation may make an observation about you that you do not think is accurate or correct. FORTYEIGHT is not responsible for the content of observations; we simply tell you about observations that organisations have made about you. This means that if you do not agree with an observation, you will need to contact the organisation that made the observation, to ask them to rectify the inaccurate or incorrect information.

You can flag that you dispute an observation within FORTYEIGHT. If you use this flag, we may notify the relevant organisation that you dispute the observation, but the observation will remain in your account with the disputed flag.

Sometimes it will be possible for you to validate whether an observation is correct using FORTYEIGHT. This will not be the case for all observations and will depend on whether the organisation that submits the observation to us wishes to enable validation services.

Acceptable use of FORTYEIGHT

By using FORTYEIGHT, you confirm that:

  • You are at least 16 years of age;
  • You will only use FORTYEIGHT and information that you obtain from FORTYEIGHT in your own name, for personal and non-commercial purposes; and
  • You will not allow anyone else to use your account, either for their own purposes or on your behalf.

You must not:

  • use FORTYEIGHT for any purpose that is unlawful under any applicable law or prohibited by these Terms of Use;
  • use FORTYEIGHT to commit any act of fraud;
  • upload identities relating to another person;
  • use FORTYEIGHT to try to obtain information about anybody else;
  • misuse FORTYEIGHT to distribute viruses or malware or other similar harmful software code;
  • use FORTYEIGHT for the purpose of promoting unsolicited advertising or sending spam;
  • simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
  • use FORTYEIGHT in any manner that disrupts the operation of FORTYEIGHT, our business or the business of any other entity;
  • use FORTYEIGHT in any manner that harms minors;
  • use FORTYEIGHT to promote any unlawful activity;
  • represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
  • use FORTYEIGHT to gain unauthorised access to or use of computers, data, systems, accounts or networks;
  • attempt to circumvent password or user authentication methods;
  • attempt to gain unauthorised access to FORTYEIGHT or any server, computer or database connected to FORTYEIGHT;
  • harm FORTYEIGHT by a denial-of-service attack or a distributed denial-of-service attack;
  • scrape, extract, download, upload, sell or offer for sale any content of FORTYEIGHT;
  • use, or cause to be used, any computerised or other manual or automated program or mechanism, tool, or process, including any scraper or spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any of FORTYEIGHT whether for commercial benefit or otherwise; or
  • bypass robot exclusion headers or other similar measures that we may use to restrict access to, or caching of, FORTYEIGHT.

If you carry out any of these acts, you may commit a criminal offence. We will report any criminal acts to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. If you carry out any of these acts, your right to use FORTYEIGHT ceases immediately from the time of the relevant act.

Intellectual property rights

You acknowledge and agree that we, or our licensors, own all intellectual property rights and other proprietary rights in and to FORTYEIGHT and all content that you may access when you use FORTYEIGHT.

Nothing in these Terms of Use grants you any legal rights in FORTYEIGHT, other than as necessary to enable you to access and use FORTYEIGHT. You agree not to try to circumvent or delete any notices contained on FORTYEIGHT (including any intellectual property notices) and, in particular, in any digital rights or other security technology embedded or contained within FORTYEIGHT.

The word “FORTYEIGHT” is our trademark. Other trade marks and trade names may also be used on FORTYEIGHT.

Your obligations to keep your account secure

You can access your FORTYEIGHT account using your username and password or Apple sign-in (referred to in these Terms of Use as your credentials). You must not share your credentials with anybody else or let anybody else use your account.

You agree to:

  • keep your credentials secure;
  • be fully responsible for all use FORTYEIGHT using your credentials; and
  • let us know immediately if you suspect or become aware of anyone else using your credentials or any other breach of security, by emailing us: hello@fortyeight.ai

You are responsible for:

  • setting up your device to access FORTYEIGHT, including using your own virus protection software; and
  • ensuring that you comply with all local laws.

Availability of FORTYEIGHT

While we try to make sure that FORTYEIGHT is accurate, up-to-date and free from bugs, we cannot promise that it will be. Nor can we promise that FORTYEIGHT will be fit or suitable for any purpose. Any reliance that you may place on the information that you access using FORTYEIGHT is at your own risk.

We may suspend or terminate operation of FORTYEIGHT at any time as we see fit without notice. We may also temporarily or permanently suspend your access to some or all of FORTYEIGHT without notice.

We may update FORTYEIGHT at any time in our sole discretion.

While we try to make sure that FORTYEIGHT is available for your use, we do not promise that FORTYEIGHT will be available at all times, nor do we promise the uninterrupted use by you of FORTYEIGHT.

While we try to make sure that FORTYEIGHT is available for your use, we do not promise that FORTYEIGHT will be available at all times, nor do we promise the uninterrupted use by you of FORTYEIGHT.We do not accept any responsibility for any losses, damages or costs that arise from FORTYEIGHT being unavailable at any time or for any period.

Third party content and links

FORTYEIGHT may contain hyperlinks or references to third party websites or services. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlinks and references to a third party site do not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

Linking to FORTYEIGHT

You may link to FORTYEIGHT only with our express prior written consent. Please contact us if you would like to discuss this with us.

Limits on our liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

  • losses that were not foreseeable to you and us when you entered into these Terms of Use or that were not caused by any breach on our part;
  • business losses;
  • losses to non-consumers;
  • defamatory, offensive or illegal content contained in an organisation’s observations that you can view using FORTYEIGHT;
  • losses caused by FORTYEIGHT being unavailable or unable to be used for any reason;
  • any losses, damages or costs that arise from or relate to you failing to comply with these Terms of Use;
  • any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material, due to your use of FORTYEIGHT, downloading material from FORTYEIGHT or visiting a website linked to FORTYEIGHT.

We have no liability to you for any breach of these Terms of Use caused by any event or circumstance beyond our control, including, but not limited to, strikes, lock outs or other industrial disputes, breakdown of systems or network access, floor, fire, explosion or accident, acts of war, pandemics or other similar disasters.

As your access to FORTYEIGHT is free, our total aggregate liability for any losses and/or damage suffered by you that arise from or relate to your use of FORTYEIGHT, (whether in tort, contract or otherwise) is limited to one hundred pounds Sterling (£100) unless otherwise agreed in writing by us.

Suspension and termination of your account

If we believe that:

  • you have not complied with any of these Terms of Use;
  • you are misusing our service; or
  • your use of FORTYEIGHT is likely to be a security risk,

we may suspend or terminate your access to FORTYEIGHT without notice.

If we suspend or terminate your account for any of these reasons, we may also take steps to block you from opening another Fortyeight account in the future.

At any time, we may terminate your agreement with us and your ability to use FORTYEIGHT immediately by giving you written notice (including by email or SMS) to any of the contact addresses or numbers which you have provided to us.

You can stop using FORTYEIGHT at any time by closing your account. If you close your account, we cannot give you access to that account again, but you will be able to sign up for a new account in the future.

Rights of third parties

No one other than a party to these Terms of Use has any right to enforce any of these Terms of Use.

Variation

No changes to these Terms of Use are valid or have any effect unless agreed by us in writing or made in accordance with this clause 18. We reserve the right to vary these Terms of Use from time to time. Our updated Terms of Use will be displayed on FORTYEIGHT and by continuing to use and access FORTYEIGHT following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms of Use from time to time to check such variations.

Entire Agreement

These Terms of Use constitute the entire agreement and understanding between you and us in relation to their subject matter and your use of FORTYEIGHT. Other than in circumstances of fraud, all previous agreements, undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these Terms of Use or your use of FORTYEIGHT are superseded.

Validity

Each part of the provisions of these Terms of Use is severable. If any part of these Terms of Use is held to be invalid or unenforceable, that part shall be deemed modified to the minimum extent necessary to make it valid and enforceable and the remainder of these Terms of Use will remain valid and enforceable.

Transfer

We may, but you may not, assign or otherwise transfer any of the respective rights or obligations of each of us under these Terms of Use.

Disputes

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible.

Law

These Terms of Use and your use of FORTYEIGHT are governed by and construed in accordance with the law of England and Wales. Any disputes (including non-contractual disputes or claims) will be decided only by the Courts of England and Wales.

How to contact us

If you have any feedback for us, we would love to hear from you. Please let us know what we are doing right, how we can improve our services and if you have any questions. You can contact us by email at hello@fortyeight.ai.

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Please see our Privacy Policy for more information about how we protect your information.