TERMS OF USE
Version date: 4 April 2008
PLEASE READ THESE TERMS OF USE CAREFULLY.
THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR AND THE OPERATOR’S LEGAL RIGHTS AND OBLIGATIONS,
INCLUDING LIMITATIONS AND EXCLUSIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS THEN YOU MUST STOP
ACCESSING AND USING THE SITE.
You need to agree to the Terms of Use in full by ticking the box below, but these are some
important points you need to consider:
- You are who you say you are. In other words, you will provide us with
true and updated information about you and will not fake your identity
- We will not share your personal data with any third parties (please refer to the Privacy Policy for details of how we use your data)
- You are 18 years or over and you do not work in the marketing or consumer research fields
- You will keep confidential everything that you witness in the Community
- You retain the ownership of your submissions to the Community.
However you give our client, the Dubai Health Authority full rights (and at no cost) to use those submissions,
in connection with their enterprise
- You will not submit any User Content to the Community that may be unlawful,
abusive, offending or in any way objectionable by other Users of the Community (including any content
that is contrary to Islamic principles, or the social norms or moral or cultural considerations of the
United Arab Emirates)
- The Operator may remove any such content from the Site without prior notice
- You will abstain from downloading any copyrighted material from the Community
- You agree not to engage in any commercial activity through the Community
By using or visiting this website, you (being a "User"(as defined below)) agree to enter into a legal
agreement with Promise Communities Ltd [of 75 Wells Street London WIT 3QH], (also referred to as "us", "we", “our”, or
"the Operator") and our client for the community www.dhacommunity.com, the Dubai Health Authority (the “Client”) under
the terms set out in this document, including its three sections: 'TERMS AND CONDITIONS', 'NON-DISCLOSURE AGREEMENT' AND
'PRIVACY POLICY'.
The Operator operates through the site www.dhacommunity.com. The service consists of Communities (the "Service")
which are online closed sessions, with an unlimited number of participants (the "Users") who will join, so long as
they have pre-approved email addresses. Communities may be run by the Operator on behalf of its client who are also
protected by the terms of this Agreement, through their contract with the Operator.
By accessing or using our website at www.dhacommunity.com or any of its Communities (together referred to as the
"Site"), you signify that you have read, understood and agree to be bound by these terms of use ("Terms of Use" or
"Agreement").
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use
at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will
indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the
Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these
or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your
responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review
such changes.
TERMS AND CONDITIONS
Proprietary Rights and trademarks
All content available through the Site and its Communities, including designs, text, graphics, pictures, video,
information, applications, software, music, sound and other files or information appearing on the Site ("Site Content")
are subject to copyright and other intellectual property rights belonging to the Operator, its licensors, Users, the
Client, or Operator’s other clients, with all rights reserved. No Site Content may be modified, copied, distributed,
framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in
whole or in part, without the Operator's or owner’s prior written permission.
Community Users - Eligibility and User Data
All members of the public are eligible to apply to enter one Community or more provided they are over 18 years old,
but are subject to a screening process. Members of the public will only be eligible to join a Community if they meet the screening
criteria. You are not eligible to join if you are in any way associated to the research and marketing fields, or any of our, or
the Client’s, competitors. When you join a Community, you agree to 1) provide accurate, true and complete answers to the screening
questionnaire; 2) ensure the security of your password, identification and account details; 3) keep your registration details up
to date and notify us of any changes in your circumstances. Failure to provide any of the aforementioned information may void your
eligibility to participate in a Community.
In addition, you agree not to: a) register for more than one User account per Community, b) register for a
User account on behalf of an individual other than yourself, c) register for a User account on behalf of any group
or entity; d) impersonate any person or entity; e) falsely state or otherwise misrepresent yourself; or f) logon to
another User’s account.
We have the right, at our sole discretion, to prevent or restrict any User from gaining access to the Site.
Community Users - User Content
For clarity, the relevant User will retain all ownership rights in any materials that the User uploads, posts,
transmits, shares, stores or otherwise makes available to the Site ("User Content"), including designs, text, graphics,
pictures, video, information, applications, software, music, sound or any other files. However, by submitting User
Content to a Community, you (as a User) hereby grant (and you hereby warrant that you have the full authority together
with all necessary consents to grant) the Client a worldwide, non-exclusive, royalty-free license to use, reproduce,
distribute, prepare derivative works of, display, and perform your User Content in connection with the Operator, the
Client or Operator’s other clients' work, for an unlimited period of time. The Client further retains the right to
retain your User Content even after they have been removed from the Community site or the Community has ended. The
above licenses granted by you in respect of User Content are perpetual and irrevocable.
You understand that all User Content and Site Content, whether publicly posted or privately transmitted, is the sole
responsibility of the person from which the User Content originated. This means that you, and not the Operator or the Client,
are entirely responsible for all content that you upload, post or e-mail via this Site. The Operator does not control the
content posted via the Site and therefore neither the Operator nor the Client guarantees the accuracy, integrity or quality
of the Site Content or User Content. In particular (and without limiting the foregoing), the Site may include a brainstorm
(“Brainstorm”), which is a specialised part of the Site that allows an individual or group of individuals to share a running
log of events and personal insights with other Users of the Site. The views represented on the Brainstorm are the individual
views of the author alone and in no way represent our official view. We will not be responsible for the accuracy or completeness
of any of the information supplied by the author.
Community Users - User Conduct
You are solely responsible for all User Content. You represent, warrant and agree that no User Content submitted through
your account or otherwise posted, transmitted, or shared by you on or through the Service or the Site will violate or infringe
upon the rights of any third party, including copyright, trademark or other intellectual property rights, privacy, publicity,
confidentiality or other personal or proprietary rights; or contain libelous, defamatory, discriminatory, obscene or otherwise
unlawful material (including any content that is contrary to Islamic principles, or the social norms or moral or cultural
considerations of the United Arab Emirates).
In addition, you agree not to use the Service or the Site to:
1) harvest or collect email addresses or other contact information of other Users from the Service or the
Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
2) use the Service or the Site in any unlawful manner or in any other manner that could damage, disable,
overburden or impair the Site;
3) use automated scripts to collect information from or otherwise interact with the Service or the Site;
4) upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful,
threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive
of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable (including any content that
is contrary to Islamic principles, or the social norms or moral or cultural considerations of the United Arab Emirates);
5) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising,
solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation;
6) upload, post, transmit, share, store or otherwise make publicly available on the Site any private information
of any third party, including, addresses, phone numbers, email addresses, national insurance numbers and credit
card numbers;
7) solicit personal information from anyone under 18 or solicit passwords or personally identifying
information for commercial or unlawful purposes;
8) upload, post, transmit, share or otherwise make available any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
9) intimidate or harass another User;
10) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage
or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability
or violate any local, national or international law;
11) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the
Operator, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose
the Operator, the Client, Operator’s other clients or Users to any harm or liability of any type.
12) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or
entity or disguise the origin of any content;
13) upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual
or fiduciary relationships;
14) upload, post or e-mail any content that infringes any intellectual property rights of any party.
You acknowledge that the Operator does not pre-screen content but that the Operator shall have the right
(though not the obligation) in our sole discretion to move, modify or remove any content that is available
on the Site generally.
The Operator reserves the right to remove any User Content from the Site or any of its Communities,
at any time, without notice and at its own discretion.
Repeat Infringer Policy
The Operator will terminate the use of the Site, in appropriate circumstances and at the Operator's sole discretion,
by Users who infringe this Agreement in any way. The Operator reserves the right to report any illegal activity or use
of the Site to the appropriate authorities without notice to you.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to third party web sites
(including those of our clients) ("Third Party Sites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software and other content or items belonging to or
originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites
and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the
Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site,
including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or
contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to
or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content
does not imply approval or endorsement thereof by us.
If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications,
Software or Content, you do so at your own risk and you should be aware that our Terms and policies no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any site to
which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
Disclaimers
The Operator is not responsible or liable in any manner for any Site Content, User Content or Third Party
Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by
Users of the Site, by the Operator, by third parties or by any of the equipment or programming associated with or
utilized in the Site or the Service.
Although we provide rules for User conduct and postings, we have no obligation to review and vet any information
uploaded nor are we responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content
you may encounter on the Site or in connection with any Site Content, User Content or Third Party Applications,
Software or Content. The Operator is not responsible for the conduct, whether online or offline, of any User
of the Site or Service. Under no circumstances will the Operator or its clients be liable in any way for any content,
including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred
as a result of your use of any content. You agree that you must evaluate and bear all risks associated with the use of
any content including any reliance on its accuracy or completeness. You also understand that by using this Site,
you may be exposed to content that is offensive, indecent or objectionable.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons.
The Operator assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User
communications.
The Operator is not responsible for any technical malfunction or other problems of any telephone network or service,
computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on
account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including
injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to
or resulting from using or downloading materials in connection with the Internet and/or in connection with the Service
insofar as it is permissible to exclude and limit such liability by law. Nothing in these terms and conditions affect
your statutory rights as a consumer.
Under no circumstances will the Operator be responsible for any loss or damage, including any loss or damage to any
User Content or personal injury or death (other than personal injury or death directly caused by the Operator’s
negligence), resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications,
Software or content posted on or through the Site or the Service or transmitted to you and other Users, or any
interactions between you and other Users of the Site, whether online or offline.
The Operator reserves the right to change any and all Site Content, software and other items used or contained
in the Site and any Services and platform applications offered through the Site at any time without notice.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier
or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith,
by Operator.
Limitation on Liability
In no event shall the Operator, the Client, their officers, directors, employees, or agents, be liable to you for
any direct, indirect, incidental, special, punitive, or consequential damages including but not limited to loss of
profits, loss of opportunities, diminution in share value, loss of reputation, defamation, making ideas or trade
secrets public, publishing personal information or otherwise, whatsoever resulting from any (i) errors, mistakes,
or inaccuracies of content, (ii) personal injury or property damage (other than personal injury or death directly
caused by the Operator’s negligence or any strict liability under statute or for fraud), of any nature whatsoever,
resulting from your access to and use of the Site, (iii) any unauthorized access to or use of our secure servers
and/or any and all personal information and/or financial information stored therein, (iv) any interruption or
cessation of transmission to or from the Site, (iv) any bugs, viruses, trojan horses, or the like, which may be
transmitted to or through the Site by any third party, and/or (v) any errors or omissions in any content or for any
loss or damage of any kind incurred as a result of your use of any content posted, uploaded, downloaded, emailed,
transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal
theory, and whether or not the Operator is advised of the possibility of such damages. The foregoing limitation of
liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that the Operator shall not be liable for User Content or the defamatory,
offensive, or illegal conduct of any third party, or breach of any intellectual property rights or
confidentiality from either you posting content or using content and that the risk of harm or damage
from the foregoing rests entirely with you.
Indemnity
You agree to indemnify and hold the Operator, the Client, their subsidiaries and affiliates, and each of their
directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability,
claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with
any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your
use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the
Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Termination
The Operator may terminate your membership, delete your profile and any content or information that you have posted
on the Site or through any platform application and/or prohibit you from using or accessing the Service or the Site or any
platform application for any reason, or no reason, at any time in its sole discretion, with or without notice.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that this Agreement is made subject to the laws of the
Emirate of Dubai and the federal laws of the United Arab Emirates applicable in the Emirate of Dubai, without regard to
principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you
and the Operator.
NON-DISCLOSURE AGREEMENT
In this section of the Agreement "information" means information relating to the actual or proposed products,
processes, techniques and business activities (which are activities related to the work of the Dubai Health Authority
("DHA")) or the Operator or its client/s whether orally or in writing, online or offline, and including (but not limited
to) ideas, financial information, intelligence, drawings, sketches, photographs, models and computer software, together
with User information of a similar nature uploaded onto the Site.
In addition, all information produced, shared and gathered in any of the Community shall be considered confidential
information and therefore covered by the terms of this Agreement.
Any information disclosed by us or appearing on the Site and uploaded by Users to the Site shall be disclosed or
made available for access by you via the Site strictly on the basis that the information is to be kept confidential by
you and will not in any way be described, used, charged, assigned or otherwise disposed of or disclosed to any third
party without the prior written consent of the Operator or the User who uploaded such information as appropriate.
The provisions above shall not apply to any information which:
- is already known to the recipient at the time of disclosure; or
- is at the time of disclosure in the public domain through no fault of the recipient; or
- which is lawfully communicated to you by a third party who did not acquire it directly or indirectly
from us or the Site under an obligation of confidentiality; or
- which you are required by law to disclose.
The disclosure of information on the terms of this Agreement shall not of itself amount to a license to you to
use the information; and any related plans, drawings and other documentation disclosed with or as part of the information
shall remain our or the third party who uploaded such information on the Site property at all times, for an unlimited
period of time. Nothing in this Agreement shall affect or lessen the license to use content granted by a User to the
Operator or the Client as set out in this Agreement.
The provisions of this Agreement is intended for the benefit of any User who uploads content and makes such content
available for other Users. Any breach of the terms of this Agreement shall entitle any User who has suffered loss or is
likely to suffer loss to enforce the terms of this Agreement and to claim damages or other compensation (including any
injunctive relief) from the User who has breached the terms of this Agreement.
As for the Operator and the Client, approval will be sought before the release of particular items of information
on the Community, if they are deemed to be private or sensitive.
PRIVACY POLICY
We care about the privacy of our Users. We ask that you read this Privacy Policy (the “Policy") carefully as it
contains important information about how we will use your personal data. By using the Site or the Service, you are
consenting to have your personal data transferred to and processed in the United Kingdom in accordance with this privacy
policy.
Please note this Privacy Policy is only concerned with information you provide to us which is personal to you i.e.
information which is sufficient to identify you such as your name and address and any other personally identifiable
information. It does not cover any other information you may contribute to a community.
Data Protection Compliance
We are committed to compliance with the UK Data Protection Act 1998 (DPA) and any other data protection legislation
applicable in the Emirate of Dubai. For the purposes of the DPA the Operator and or our client for whom we have set up
the community web page that you have agreed to join, the Operator is the 'data controller' (ie the Operator who is responsible
for, and controls the processing of, your personal data).
You can find out about your rights at the ICO-Information Commissioner’s Office website:
http://www.ico.gov.uk/what_we_cover/data_protection/your_rights.aspx
Personal information and other data we collect
The Operator collects personal information when you register for a Community.
The data we collect is of two kinds:
- general personal data about you, such as name and address and any other information that you voluntarily
provide when completing a registration form or other form online.
- data specific to a particular Community selection criteria, which may not be relevant to other communities.
In addition, we will collect information and data about you during a Community session. This may include a variety
of types of information and formats, and you are not under any obligation to provide it - this is referred to above as
User Content, for which you are fully responsible.
We may also collect data when you send us feedback, post material, contact us for any reason or sign up to a service.
We may also obtain sensitive personal data about you if you volunteer it during the completion of an online form. If you
volunteer such information, you will be consenting to our processing it for the purpose or the Services for which such
information was requested or given.
We may monitor your usage of this Site. This may include monitoring how many times you visit, which pages you go to,
traffic data, location data and the originating domain name of a User's internet service provider This information helps
us to build a profile of our Users. Some of this data will be aggregated or statistical, which means that we will not be
able to identify you individually. Please see further the section on 'Use of cookies' below.
Use of data
We will use personal information to screen and assess your eligibility to join a Community.
We may also use personal information for:
- auditing, research and analysis to operate and improve our technologies and services
- to help us identify you and any accounts you hold with us
- administration
- statistical analysis
- customer profiling and analysing your purchasing preferences
- recruitment purposes, for future Communities and research programmes conducted by us (this only
applies if you have opted-in by ticking the box at registration stage)
- fraud prevention and detection and security vetting
- customising the Site and its content to your particular preferences
- to notify you of any changes to the Site or our services which may affect you
We may share aggregated non-personal information with third parties, including, but not only, our clients.
We may use third parties to assist us in processing your personal information, however we will require that such
third parties comply with our Privacy Policy and any other appropriate confidentiality and security measures.
We may also share information with third parties in limited circumstances, including when complying with legal
process, preventing fraud or imminent harm, and ensuring the security of our network and services.
We process personal information on our servers in the United Kingdom and in other countries. In some cases, we
process personal information on a server outside your own country. When you signed up for a Community that is run for a
client which is based outside the European Union (including Norway, Iceland and Liechtenstein) you agreed that we may
transfer your personal data to the client’s (and those of its partners) countries. Although such countries may not have
as stringent data protection laws as those of the European Union rest assured that we will always ensure any transfer is
subject to contractual provisions that will safeguard your personal data.
Information sharing
The Operator will only share personal information with other companies or individuals outside of the Operator in
the following limited circumstances:
- We have your consent. We require consent for the sharing of any sensitive personal information
- We provide such information to our subsidiaries, affiliated companies or other trusted businesses or
persons for the purpose of processing personal information on our behalf. We require that these parties agree to
process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate
confidentiality and security measures.
We will share with our clients certain pieces of aggregated, non-personal information, resulting from the analysis
of the Community outputs. Such information does not identify you individually. If for any reason the client wants to
contact you directly, we will obtain your consent in advance.
Opting out
If you have opted in to be contacted for recruitment for further communities you can opt-out at any time by:
- putting your request in writing (an email sent to
info@dhacommunity.com with a header that says 'Unsubscribe')
- providing us with enough information to identify you (eg account number, username,
registration details)
Information security
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration,
disclosure or destruction of data. These include internal reviews of our data collection, storage and processing
practices and security measures, as well as physical security measures to guard against unauthorized access to systems
where we store personal data.
We restrict access to personal information to our employees, contractors and agents who need to know that information
in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may
be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Keeping your data secure
We will use technical and organisational measures to safeguard your personal data, for example: access to your
membership is controlled by password and username which are unique to you and we store your personal data on
secure servers
Whilst we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the
Internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal
data which is transferred from you or to you via the Internet.
Monitoring
To the extent permitted under applicable law, we may monitor and record communications with you (such as
telephone conversations and emails) for the purpose of quality assurance, training, fraud prevention
and compliance.
Use of cookies
When you use this Site, we may collect information about your computer, such as your IP address and/or browser,
which we will use for administration purposes and statistical analysis. This information will not usually
identify you personally. We may use technologies to learn about how you use our Site in order to improve
the quality of our services. Our servers automatically record information when you visit our Site or use
some of our services, including the URL, IP address, browser type and language, and the date and time of
your request.
We may also obtain information about your online movements and use of the Internet. We do this by
placing a 'cookie', which is a small file, on your computer's hard disk. Cookies may be used for several reasons:
— to recognise you whenever you visit this Site
— to speed up access to this Site (so you do not have to log on each time)
— to store your personal preferences
— to build a profile about you
— to better target our marketing and advertising campaigns
— to understand how you use the Site and improve it
The vast majority of web browsers accept cookies. However, you can change your browser settings so that
cookies are not accepted. If you do this, you may lose some of the functionality of this Site.For further
information about cookies and how to disable them please go to: aboutcookies.org
Please contact us at the address below for any additional questions about the management or use of personal data.
Promise Communities
75 Wells Street
London W1T 3QH
UK
* Promise Communities Ltd is a limited Company registered in England and Wales No 06343801.