Terms of use and Privacy Policy
Terms of use
We are TinyRocket Ltd.
Please read these Terms of Use carefully as they are the terms governing your use of the TinyRocket/Local Walks Apps (collectively the “App") and our website (www.localwalks.co.uk). We provide the service only on these Terms of Use and if you do not agree to be bound by them you may not use the App or website. By subscribing to and/or using the App or website you confirm that you have read, understood and accepted these Terms of Use and our Privacy Policy.
We care very much about the standard of the App and website, and we want to hear from you if you are not satisfied in any way or have any feedback. Please send your comments to hello@localwalks.co.uk
Your Subscription
A subscription is required to use the App and it is charged by your app store (meaning the online store that you have purchased the App from) and subject to their terms and conditions at the time.
Payment will be charged to your app store account at confirmation of purchase. The price for the subscriptions is as listed on the app store from time to time.
Subscriptions are managed in accordance with the app store rules, please review those rules carefully.
Using the App and website
We hope you enjoy using our App and website; great care has been taken in putting together the App, website, content and walking routes. However, it is possible that the app, website, content or walking routes may contain errors, be incomplete or out of date.
We have used various sources to validate the accuracy of routes, however, we have not tested all routes by walking them and they may contain errors. We do not accept any responsibility for any diversion orders or any inaccuracies in the routes, or any other changes to the routes (including closure), nor any damage which might result from walkers trespassing on private property.
The App makes use of functionality on your device that can pinpoint your location. We do this in order to show your position on your chosen walk.
When you open the App for the first time, you will be asked whether the App can use your location and in what circumstances. You can change your choices at any time in the App settings and you can also turn the location services off at any time. The App’s functionality will be reduced if location services are turned off.
The App uses your phones GPS and this uses the battery faster than normal. Always start with a fully charged battery and have a map or alternative form of navigation available.
The App and website rely on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the app store, are entirely outside our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the app or website due to a poor internet connection, faulty components in your device, app store failure or anything else that it would not be reasonable to expect us to control.
The App and website may contain views and content provided by users. The views expressed and content provided by users are those of individual contributors and not necessarily those of TinyRocket Ltd. It is possible that the information provided by users contains errors, or is incomplete, or out of date. If you upload or send comments or photos to us then, unless you have expressly stated otherwise, you grant us an irrevocable licence to publish those comments and photos on our App, website and elsewhere. In uploading any of those comments and photos to us you also (unless you have expressly stated otherwise) irrevocably waive any moral right that you may have in such comments. We may alter the content provided by the App or website (including any third party content) at any time and at our discretion.
You are not allowed to:
modify the App’s or website’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
deliberately attempt to avoid or manipulate any security features included in the App or website; or
pretend that the App or website is your own or make it available for others to download or use (including by way of copying the code of the App or website and creating an independent version).
decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Software;
copy or duplicate any of the content on the App or website.
Acceptable Use
You must not use the App or website to do any of the following things:
break the law or encourage any unlawful activity;
send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
infringe our or anyone else’s intellectual property rights (for example by using or uploading someone else’s content);
transmit any harmful software such as viruses;
try to gain unauthorized access to computers, data, systems, accounts or networks; or
deliberately disrupt the operation of anyone’s website, app, server or business.
Privacy and Information
Protecting your personal information is important to us. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint. You can view our Privacy Policy below.
We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the App and website. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
Disclaimer and Our Liability to you
Nothing in these Terms is to be interpreted as an attempt to limit or exclude our liability for any personal injury or death resulting from our negligence, our liability for fraud or fraudulent misrepresentation. If you are a consumer, nothing in these Terms shall affect your statutory rights.
You use the App or website at your own risk. The App and website are provided as is and without warranties of any kind either expressed or implied. We disclaim all warranties of merchantability and fitness for a particular purpose to the fullest extent permissible. We do not warrant or make any representations regarding the use of or the result of the use of the material in the App or website in terms of its correctness, accuracy, reliability, or otherwise.
Subject to the above:
our maximum liability to you under these terms shall be limited to any amount that you have paid to us for the relevant subscription period; and
we shall not be liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence or any business loss or damage.
You should carefully check any route that you intend to walk to ensure that it is suitable for you, taking into account your health, level of fitness and experience. We do not provide any advice or instructions on any exercise or other activities that you undertake. We do not assess the risks in any route or conduct any health and safety assessments of the routes shown on the App or website. The App and the website are not a replacement for any other guidance, codes or warnings that apply to the route.
You should use the App and website responsibly and you should use your own judgement in relation to any risks on the route, including without limitation the weather conditions and the condition of the route itself. Any warnings on the route itself must still be complied with even if the App or website might suggest that the route is otherwise clear.
Any timings shown in the App or website for routes are estimates only and are based on the assumption of you having an average fitness level. The walks may take less or more time depending on your fitness, the weather conditions and the condition of the route.
Your Liability to Us
You will be liable to us for any and all costs, losses, expenses and damages whatsoever and howsoever arising from:
any breach by you of these Terms;
your infringement of any of our intellectual property rights or those intellectual property rights owned by third parties;
any willful misconduct by you or any negligent or unlawful act or omission by you; :
External Services
The App and website may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
You must not use external services in any way that:
is inconsistent with these Terms or with the terms of the external service; or
infringes our intellectual property rights, or the intellectual property rights of any third party.
From time to time we may change or remove the external services that are made available through the App and website.
Ending this Agreement
We can end our contract with you if you do not comply with any part of it.
We shall end our contract with you immediately in the event that you cease to pay your subscription fees or in any other circumstances where we are unable to continue to make the App or website available (including without limitation any change to the app store rules or requirements).
Additionally we may end this contract immediately if you have done anything. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the App or website or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
The consequences of the agreement ending are as follows:
you are no longer allowed to use the App or website and we may remotely limit your access to it;
we may delete or suspend access to any accounts that you hold with us; and
you are not entitled to a refund of any subscription fees already paid.
General
We reserve the right at any time, in our sole discretion, to make any changes to these Terms. Any changes will be notified to you by publishing the revised Terms on this site. By continuing to use the service you agree to be bound by such changes.
The information provided in the App and website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
If any provision of these Terms or any part of any provision is determined to be partially void or unenforceable by any court or body of competent jurisdiction or by virtue of any legislation to which it is subject or by virtue of any other reason whatsoever, it shall be void or unenforceable to that extent only and the validity and enforceability of any of the other provisions or the remainder of any such provision shall not to be affected.
No one other than us or you has any right to enforce any of these Terms.
We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.
These Terms are to be interpreted in accordance with English law and, in the event of any dispute, and any disputes will be subject to the non-exclusive jurisdiction of the English Courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of another part of the UK in which you live.
Privacy Policy
We are committed to protecting the privacy and security of personal data. This policy tells you how we will collect and use your personal data, and what you should expect in respect of the personal information about you that we have collected.
The person with responsibility for our data protection compliance is our Data Protection Manager and he can be contacted via email at hello@tinyrocket.com
We are the data controller of the personal data that we keep and use, and we are therefore responsible for making sure that our systems, processes and people comply with the relevant data protection laws in respect of that personal data.
We will act in respect of personal data to comply with the six principles of the General Data Protection Regulation (“GDPR”), which are:
Lawfulness, fairness and transparency;
Purpose limitation;
Data minimisation;
Accuracy;
Storage limitation;
Integrity and confidentiality.
You have rights in respect of how your personal data can be processed; these include the right to request:
a copy of your personal data;
that inaccurate data is rectified; and
that your personal data is, in certain circumstances, erased or restricted.
You have the right to complain to the Information Commissioner, which you can do by contacting the Information Commissioner’s Office (ICO) directly. Full contact details, including a helpline number, can be found on the ICO website (www.ico.org.uk). This website also has useful information on your rights and our obligations. However, please raise any concerns or issues with us first so that we may deal with this as quickly as possible for you.
We are TinyRocket Limited (Registered in England & Wales with Company No: 10533034). Our registered office is at Hardwick House, Prospect Place, Swindon, Wiltshire SN1 3LJ, United Kingdom.
COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA
We collect and process data for the following reasons:
personal data collected and created in relation to our providing services; and
personal data relating to people who have asked to receive our newsletters and other information services or marketing materials; and
personal data relating to our people (which means those people working for our business, or providing services to us, or potentially working or providing services to us, including employees, consultants, temporary or casual workers and contractors).
All of our people are required to abide by our Privacy Policy when handling personal data, and are provided with appropriate data protection training. Any breach of data protection will be taken seriously, and may result in disciplinary action. Our Data Protection Manager will provide the advice and guidance to our people on data protection issues, as is required.
1. Providing our services
COLLECTION:
What data we collect
tracking information about your visit to our apps, website and emails that we send out
information that you provide to us enquiring about our services
information and images that you provide to us through email or social media
We do not collect sensitive or special categories of data.
How we collect it
We collect personal and business data in a number of ways
in our apps
written correspondence
email
phone calls
web forms
meetings
social media
We also use software and automated ways of collecting information through the use of cookies and marketing platforms.
USE:
We will use the personal data in the provision of services, including for the necessary administration of the relationship with our customers, and to comply with requirements that we are required to undertake.
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
analyse website and app data and visitor interactions
in performance of a contract (the agreement to provide services); and/or
compliance with a legal obligation; and/or
vital interests of the data subject; and/or
where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
We may also use your personal data in the following situations, which are likely to be less common:
where we need to protect your interests (or someone else’s interests);
where it is needed in the public interest or for official purposes.
Where we keep it:
Apple data centres (which could be outside the EEA);
Google data centres (which could be outside the EEA);
Amazon data centres (which could be outside the EEA);
RevenueCat data centres (which could be outside the EEA);
our offices; and
our accountants.
DISCLOSURE:
We may share personal data with third parties as is necessary in the provision of our services, including to third party providers who deliver services to support the operation of our company.
In respect of all disclosures of personal data, we will only share the personal information which is necessary for the particular purpose for which it is provided, or where we have another legitimate interest in doing so, and we will ensure that the personal data is appropriately protected.
RETENTION PERIOD:
We will keep personal data only for as long as is necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting or reporting requirements. Normally, our retention period for personal data collected for this purpose is a minimum of 6 years after the end of the period that we are providing services.
2. Our newsletters, other information services & marketing materials (“our Information”)
COLLECTION:
We will collect information such as name, email address, IP address (or similar unique identifiers) together with the additional information that you provide to us, for example when you register to use an app.
We may collect this information from you (whether directly or via automated means such as in our APPS or websites) or from third parties.
We will collect personal data in our database management system when you tell us that you wish to receive all or part of our Information, or otherwise give us your personal details. You may at any time tell us that you wish to stop receiving our Information.
USE:
Personal data will be used to provide you with our Information that you ask for, or that we think are relevant to the preferences that you may have given to us. We may analyse what areas of information are of interest to you so that we can better target the Information that we provide.
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
with your consent; and/or
in performance of a contract (the agreement to provide services); and/or
where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
DISCLOSURE:
We may share personal data with third parties in respect of the provision of our Information, including to third parties who provide services to us, including IT, website hosting, email delivery, and other services. In respect of all disclosures of personal data, we will only share the personal information which is necessary for the particular purpose for which it is provided, or where we have another legitimate interest in doing so, and we will ensure that the personal data is appropriately protected.
RETENTION PERIOD:
We will keep personal data only for as long as is necessary to fulfil the purposes for which we collected it. Any personal data that we have from you solely for the purposes of your receiving our Information will not be used once you have asked us to stop providing these to you (except to the extent that it is necessary to stop you receiving the Information).
3. Our people
COLLECTION:
We will collect names, addresses, contact details, education and employment history, identity and other background checks (which may include appropriate criminal and financial checks and confirmation of the right to work in the UK), marital status and information on next of kin and dependents, financial information (such as bank details and NI numbers), date of birth, gender, a copy of your passport and driving licence, performance information and compensation history, recruitment information (including references), salary, benefits, pension and annual leave information, disciplinary and grievance information, photographs, information about your use of our information and communications systems and CCTV footage or other information obtained through electronic means.
We may collect and use special categories of personal data as required in the carrying out of obligations and exercising specific rights of us or the data subject in the field of employment. This may include information relating to matters such as health, racial origin, religious belief and offences or alleged offences.
Personal data may be collected from you during the selection process (for example via your application form and CV) and during your employment (including holiday forms, expense claims, performance reviews, any disciplinary or grievance processes), or from third parties, including referees, health service providers, background check providers.
USE:
Personal data of our people will be used for HR administration and management, both in respect of the selection of people to work for us (including suitability, eligibility and/or fitness to work), and those who do work for us, to include learning and development, disciplinary and security (of people, offices and data) requirements, providing and liaising with benefits providers, business management and planning (including accounting and auditing), paying you and dealing with tax and NI deductions, assessing and deciding on salary reviews and compensation, conducting performance reviews and managing performance, dealing with legal disputes involving you or others, preventing fraud, monitoring your use of our information and communications systems, ensuring compliance with our policies, and equal opportunities monitoring.
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
in performance of a contract with you; and/or
compliance with a legal obligation; and/or
vital interests of the data subject; and/or
where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
We may also use your personal data in the following situations, which are likely to be less common:
where we need to protect your interests (or someone else’s interests);
where it is needed in the public interest or for official purposes.
In respect of all disclosures of personal data, we will only share the personal information which is necessary for the particular purpose for which it is provided, or where we have another legitimate interest in doing so, and we will ensure that the personal data is appropriately protected.
In respect of special categories of personal data, we may process this in the following circumstances:
in limited circumstances with your explicit written consent; and/or
where we need to carry out our legal obligations and in line with our policies; and/or
where it is needed in the public interest (such as for equal opportunities monitoring or in relation to our occupational pension scheme), and in line with our policies; and/or
where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your (or someone else’s) interests and you are not capable of giving your consent, or where you have already made the information public. We may also process such information about our people (or former people) in the course of our legitimate business activities with the appropriate safeguards.
The special categories of personal data may be used in the following ways:
in relation to leaves of absence, to comply with employment and other laws;
in relation to your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to monitor, manage and administer benefits and absences;
in relation to your race, national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
DISCLOSURE:
Personal data may be transferred to service providers who support the operation of our business (such as payroll service providers), to other third parties reasonably necessary in the conduct of our business (including insurers, professional advisors, regulators). These third parties may be acting as processor, or controller of personal data in their own right.
In respect of all disclosures of personal data, we will only share the personal information which is necessary for the particular purpose for which it is provided, or where we have another legitimate interest in doing so, and we will ensure that the personal data is appropriately protected.
RETENTION PERIOD:
We will keep personal data only for as long as is necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting or reporting requirements. We will normally keep personal data of applicants who we do not employ for six months after we receive it.
We will keep personal data of employees throughout your employment and normally for a minimum of six years after your employment ends.
4. Changes to your personal data
It is very important that the personal information that we hold about you is accurate and current. Please tell us if your personal information changes during your relationship with us.
5. Data Security
We have put in place measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those of our people and other third parties who have a business need to know. They will only process your personal data on our instructions and where they have agreed to treat the information confidentially and to keep it secure. We have put in place procedures to deal with any suspected data security breach and will notify you and the ICO of a suspected breach where we are legally required to do so.
6. Where we store your personal data
We principally store data, both electronically and on file, at our offices, with archive storage for files locally.
Personal data may be transferred outside of the EEA by processors acting on our behalf. For transfers to countries not considered adequate by the EC, we will ensure that personal data is adequately protected, as required by the GDPR. This would include by use of the Standard Contractual Clauses adopted by the EC to protect personal data.
7. Your rights
Under certain circumstances, you have the right by law to request:
access to your personal data. This enables you to ask to receive a copy of the personal data that we hold about you and to check that we are lawfully processing it.
correction of the personal data that we hold about you.
erasure of your personal data.
object to processing of your personal data where we are relying on our legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
restriction of processing of your personal data.
transfer of your personal data to another party.
8. Links from our website
Our website may, from time to time, contain links to and from the websites of third parties that we permit to make such links. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. We recommend that you check these policies before you submit any personal data to these websites.
CHANGES TO THIS PRIVACY POLICY
Any changes we may make to our privacy policy in the future will be posted on our website, so please ensure that you are viewing the correct version.
Please contact us if you have any questions, comments or requests regarding this Privacy Policy.