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1. These terms and conditions (hereinafter: “Terms of Use”) define the principles of using TripApp mobile application dedicated to mobile devices with the iOS or Android operating system (hereinafter: the “Application”) and constitute terms and conditions in the meaning of Article 8 of the Electronically Supplied Services Act of July 18, 2002.
2. Application owners (hereinafter: the “Owners”) are the following non-governmental organizations:
a. Youth Organizations for Drug Action Foundation with its registered office in Warsaw, Wejnerta Street 24/14, 02 – 619 Warsaw, entered into the the National Court Register under number 0000457923, and
b. NEWNet with its registered office in Paris, 5 passage de la Moselle, 75019, Paris
c. Help Not Harm with its registered office in Cork, Brookfield Lodge, College Road, T12 E2T6, Cork.
3. The entity responsible for the operation of the Application and its functionality is one of the Owners – Youth Organizations for Drug Action Foundation with its registered office in Warsaw, Wejnerta Street 24/14, 02 – 619 Warsaw, entered into in the National Court Register under number 0000457923 (hereinafter: the “Operator”).
4. The Application User within the meaning of this Terms of Use is a natural person who, through the Application installed on its own mobile device, uses the functionalities offered by the Application (hereinafter: the “User”). By installing the Application on a mobile device, the User agrees to be bound by this Terms of use and agrees to use the Application according to the terms and conditions set out herein.
5. Downloading the Application as well as using all the functionalities offered by the Application, is free of charge.
6. The User incurs their own costs and expenses arising from data transmission required to download, install, launch and use the Application, in accordance with the applicable agreements concluded with telecommunications operators or other internet service providers. The User also incurs the costs and expenses related to the use of data transmission necessary to use the Application.
7. The Application is available for download from Google Play and Apple’s Store.
8. The aim of the Application is as follows:
a. limiting the negative effects of using psychoactive substances such as addiction, poisoning, overdose, and;
b. increasing the level of knowledge about various types of psychoactive substances and their effects, and;
c. providing geographical locations where healthcare or services related to the use of psychoactive substances are provided
d. reducing the risk of committing crimes related to psychoactive substances by providing information on country – specific legal regulations.
Through the Application, the User will have an access to the following functionalities thereof:
1. Safer use – information for the User on limiting the damage arising from the use of psychoactive substances.
2. Services – an interactive map containing information on facilities providing medical assistance or services improving the safety of people using psychoactive substances such as: medical care points, laboratories and diagnostic points, needle exchange programmes, drug consumption rooms, drug checkin services, etc.
3. Results – a function that enables the User to receive information on the detection of a psychoactive substance by professional diagnostic centers, alerting the User about different than expected, contaminated, adulterated or falsely marketed substances.
4. Submit – the function enable theUser to anonymously report colorimetric test results if the results are different than expected. Information about the results of the tests and the place of their conduct (by providing their localization) is made available to the other Users in the form of notifications.
5. Dose Smart – a feature that allows the User to filter MDMA pill laboratory results in our library to find samples which may be particularly dangerous for their body weight. In order the use this function, the User must enter their weight in the appropriate field in the Application. As a result of that action, the User will be able to view a list of MDMA pills which have been determined to contain doses of MDMA which may be particularly harmful for them.
6. Legislation – a brief information on drug legislation in Europe.
1. The Application, content of the Application and information contained therein, layout, logotypes, graphic elements and trademarks, are the subject of the exclusive rights of the Operator and are protected by the law.
2. Upon installation of the Application, the Operator:
a. grants the User a non-exclusive license to use the Application source code – on the terms and conditions described in the GNU GPL license ver. 03;
b. grants the User a non-exclusive license to use other elements of the Application, including but not limited to: content, interfaces, layout, any materials available as part of the Application’s functionality – under the terms and conditions set out in the Creative Commons license Attribution – Non-commercial use – No derivatives (CC BY-NC-ND) ver. 3.0.
1. The Application is available to peopleusing mobile devices which meet the technical requirements indicated herein, for which Application will be downloaded from the appropriate application store and launched correctly.
2. The User’s mobile device on which the Application will be launched must meet the following minimum operating system technical requirements:
a. for the version of the Application downloaded from the App Store – iOS version 9.0 (or newer),
b. for the version of the Application downloaded from the Google Play store – Android version 4.4 (or newer).
3. In order to run and properly operate the Application the following functions of the mobile device must be activated:
a. active mobile internet connection, or
b. active Wi-Fi connection.
1. Users are obliged to use the Application in accordance with applicable law, the Terms of Use and regulations of the application stores, as well as with the principles of community coexistence, including but not limited to the general principles of using the Internet and mobile applications.
2. The User uses the Application voluntarily and on their own responsibility. The User acknowledges that the proper functioning of the Application depends on the User and their mobile device (e.g. the proper functioning of the mobile device, the use of settings enabling receiving current notifications from the Application, etc.).
3. Users are obliged to use the Application, in particular:
a. in a way that does not interfere with its functioning;
b. in a manner that is not burdensome to the other Users and the Operator, respecting the personal rights of third parties and any other rights they have;
c. by using all and any information and materials made available through the Application only for lawful purposes and for the purpose of the Application.
4. It is forbidden to use the Application for purposes contrary to law or to circumvent the law.
5. It is forbidden to send as part of the Submit functionality false test results or false test locations.
6. If the Application requires providing data in order to use a functionality, the User should provide true data required by the Application for the proper functioning of a functionality and/or to receive adequate and full information. The User acknowledges and accepts that providing false or incomplete data may result in incorrect, incomplete or inadequate result of the functionality.
7. Users are obliged to immediately notify the Operator of any case of violation of their rights in connection with the use of the Application.
1. The Operator conducts ongoing supervision over the technical functioning of the Application, ensuring the technical correctness of its operation.
2. Neither the Operator nor the Owners are liable for the limitations or technical problems resulting from IT systems used by the Users’ mobile devices, which prevent or restrict use of the Application.
3. This Application is for information and educational support purposes only. The Application is not a diagnostic tool or a professional legal and medical information tool. The Operator and the Owners are not liable for the accuracy, adequacy and completeness of the information provided under the functionalities described in § 2 of the Terms of Use, in particular the Operator and the Owner are not liable for the results obtained through the Dose Smart and Result functionalities as well as for the consequences resulting from the use of this information or these results. The User is obliged to confirm the information and results obtained through the Application with the relevant services and in the relevant diagnostic units.
4. The Operator and the Owners are also not liable if the inaccuracy, inadequacy or incompleteness results from the data provided by the User.
5. The Operator and Owners inform that ecstasy pills are often marked by illegal manufacturers with logotypes of well-known sports, car, etc. brands in order to make a distinguish between types of pills with different properties. This practice is completely unlawful but due to its use in narco-trading practice, the Owners are forced to consider its as part of the Application. Therefore, in the Smart Dose and Results functionalities, photos of ecstasy pills with visible logotypes may be presented. As part of the Submit functionality, it is possible to provide information about whether a logotype is placed on the pill or to indicate what logotype it is.
6. The Owners and the Operator declare that informing about the logotypes or their presentation in the manner described in point 5 above does not constitute the use of the logotypes in any commercial or non-commercial manner. Such information or presentation does not constitute a violation of personal rights or the image of brands using these logos. The Owners and Operator declare that informing or presenting logotypes is only a consequence of illegal practices used by ecstasy producers and is necessary from the point of view of the purposes of the application described in § 1 Terms of Use, and is only intended to provide Users with more reliable information about illegal psychoactive substances in order to provide them protection against the harmful effects of such psychoactive substances.
1. The Users may stop using the Application at any time, in particular if they do not accept amendments introduced in the Terms of Use or Application updates. Discontinuation of using the Application requires a removal of the Application from the relevant mobile device.
2. In the event that the User commits actions prohibited by law or the Terms of Use, or violates the principles of community coexistence or acts in detriment to the justified interests of the Owners, including but not limited to infringing their good name, the Operator may take all permitted actions, including limiting the User’s ability to use the Application and functionalities thereof.
1. Personal data controller: The data controller of the Users’ personal data in the light of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) is the Operator – Youth Organizations for Drug Action Foundation with its registered office in Warsaw, Wejnerta Street 24/14, 02 – 619 Warsaw, entered into the National Court Register under number 0000457923. Contact with the data controller is possible in the following way:
a. post address: ul. Wejnerta 24/14, 02 – 619 Warsaw;
b. email address: contact@euro-yoda.org.
2. Data protection officer: The data controller has not appointed a data protection officer.
3. The purposes of processing and the legal basis of processing:
a. The data controller processes User’s personal data only to ensure that Users may use the Application. Immediately after achieving this purpose, personal data are deleted.
b. The data controller processes the User’s personal data on the basis of consent given by the Users and in accordance with the applicable law.
4. The legal basis of processing of the User’s personal data:
a. Processing of the User’s personal data is needed for the operation of the Application – in the scope of the following data: body weight, location (town);
b. the User’s consent to processing of theirpersonal data – personal data are processed only on the basis of previously granted consent to the extent and purpose specified in the content of such consent.
5. Period of storage of personal data. The User’s personal data is stored for the period necessary to achieve the purposes set out in point 3 above, and after that time personal data is deleted.
6. Data recipients. The data controller will not transfer User’s personal data to any third parties.
7. User’s rights related to the processing of personal data and making automated decisions
The User has the following rights as the data subject:
a. the right to withdraw consent to personal data processing,
b. the right to access personal data,
c. the right to request the rectification of personal data,
d. the right to request the erasure of personal data (right to be forgotten),
e. the right to request the restriction of the processing of personal data,
f. the right to object to the processing of personal data due to specific situations,
g. the right to personal data portability, i.e. the right to receive personal data in a structured, commonly used, machine-readable IT format. The User can send this data to another data controller or request that the Operator send such data to another data controller. However, the data controller will only do this if such transfer is technically possible. The right to portability personal data applies only to those data that are processed on the basis of a performance of a contract with the User or on the basis of the User’s consent.
To exercise the above rights, please contact the data controller (contact details are stipulated in points 1 and 2 above).
In a situation where the processing of personal data is based on the consent of the data subject, the provision of personal data by the User to the data controller is voluntary. Providing personal data by the User is obligatory when the legal basis for processing of personal data is a legal provision or an agreement concluded between the parties.
8. The right to withdraw consent. In so far as the User’s personal data is processed on the basis of the User’s consent – the User has the right to withdraw their consent to processing of personal data at any time. Withdrawal of consent does not affect the lawfulness of the processing that was carried out on the basis of the consent given before such withdrawal. Consent may be withdrawn by sending a statement of withdrawal of consent to the post address or email address of the data controller.
9. Right to lodge a complaint with authority. If the User becomes aware of unlawful processing of personal data, the User also has the right to lodge a complaint with the supervisory authority dealing with personal data protection.
1. All complaints related to the use of the Application, as well as inquiries regarding the use of the Application should be directed to the Operator at the following e-mail address: contact@euro-yoda.org.
2. The complaint should include a description of complaint and contact details on which the answer should be sent.
3. Within 7 days from the date of receipt of the complaint, the Operator shall consider the complaint and inform the User about the way of dealing with it. In a situation where the data or information provided in the complaint need to be supplemented, the Operator shall request the User to complete it before considering the complaint. The time of providing additional explanations by the User extends the complaint answer period.
1. In any matters not governed herein, the relevant terms and conditions of applicable law apply, in particular the Civil Code and the Electronically Supplied Services Act of July 18, 2002.
2. The Terms of Use are available through the Application and on the following Operator’s website: www.euro-yoda.org.
3. The Operator reserves the right to amend the Terms of Use at any time. Users will be notified of each amendment to the Terms of Use at least 7 days in advance by a notification sent via Application or upon the first start of the Application following the amendment to the Terms of Use. The amendments are effective from the time indicated in the notification (which cannot occur earlier than within 7 days from the date of notification). The amendment are deemed to be accepted by the User at the time of further use of the Application following the amendment comes into force.
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