Shark Count Terms of Use

Shark Count Terms of Use and Privacy Policy

Thank you for visiting the Shark Count App (the “App”). The following Privacy Policy describes what information the App gathers about its users, what information the App stores in its secure database and how the App might use that information.

About the App

The Shark Count App is a citizen science tool designed to help monitor endangered marine species in the Galapagos Marine Reserve and coastal regions of mainland Ecuador. Shark Count was developed collaboratively by Galapagos Conservancy and our partners, the Universidad San Francisco de Quito and the Galapagos National Park Directorate, with technical support from Upstream PBC and funding from the Samuel Freeman Charitable Trust. It is owned and managed by Galapagos Conservancy, Inc. (“GC”).

IMPORTANT NOTICE

The Shark Count App will never sell, rent or exchange your information:

The App does not collect any Personal Information about its users, except that which is knowingly and specifically supplied to the App by the user or is publicly available information.
The Shark Count App does not rent or sell Personal Information (as such term is defined below).
The App never shares email addresses with any other organizations.
The App always gives recipients of communications sent by the App the option to unsubscribe from the App email lists (with an unsubscribe link at the bottom of every email) or to be removed from our mailing lists by checking a “remove me” box on mailed reply devices.

GDPR Privacy Notice

This notice is for people who are located in the European Economic Area (“EEA”) and supplements the App’s general Privacy Policy. The App’s processing of personal data of people who are in the EEA is governed by the EEA General Data Protection Regulation (the “GDPR”), which applies from May 25, 2018. The GDPR requires the App to provide certain information to you about your personal data, which the App refer to in this notice as your Personal Information (“Personal Information”).

PRIVACY

Scope

The Shark Count App respects your privacy and understands that many people care about how their information is used and shared. This Privacy Policy applies to the Shark Count App, to all associated domains and subdomains, online services, social media platforms and mobile applications (jointly “Sites”). By visiting any of the Sites, you are accepting the practices described in this Privacy Policy. If you disagree with any of the terms herein, please immediately discontinue use of the Sites.

The Shark Count App will never sell or rent your information, and we only share it where necessary. How the Shark Count App uses this information is described in this policy.

Our Privacy Policy may be updated from time to time. Please check this page periodically for changes. Your continued use of this site following the posting of changes to this policy will mean you accept those changes.

b) Non-personal information such as IP addresses (the location of the computer on the internet), pages accessed and files downloaded. This helps us to determine how many individuals use our site, how many people visit on a regular basis, which pages are most popular, and which pages are least popular. This information doesn’t tell us anything about who you are; it simply allows us to monitor and improve our service. Galapagos Conservancy online does utilize cookies to store session information. These do not include any personal information.

Personal Information

The Shark Count App only collects Personal Information when you sign up to the App and also when you actively submit such information, for example by visiting Sites. Depending on the service you choose, the Personal Information collected may include your name, email address, organizational affiliation, photos or videos from events in which you may participate and similar information.

The Shark Count App service providers use Personal Information so that the App’s Constituent Relationship Management Tools and Email Marketing Tools are used to store Personal Information voluntarily provided when visitors sign-up for email on the Sites, in addition to the pathway through which the visitor accessed the sign-up form to help the App improve your journey as a supporter of the App.

Non-Personal Information

For each visitor to this App, the App’s servers may automatically recognize and collect information that does not identify you personally (“Non-Personal Information”), such as cookies, in-bound domain names, your computer’s IP address, the type of browser in use and pages viewed. This data tells the App which pages the App’s users visit and what information they volunteer, such as survey information and/or site registrations which the App uses to improve its communication with our greater community.

Use of Information: PERSONAL INFORMATION

Any Personal Information collected through the Sites is used for the purpose for which it was provided, for example:

to respond to your inquiries,
to customize your App experience or content you receive via email,
to encourage social sharing functionality,
to periodically alert you about our news and campaigns,
for internal data analysis, for example to identify trends, enhance online tools, and plan future digital strategies.

Use of Information: NON-PERSONAL

The App may use Non-Personal Information for any purpose, unless restricted by applicable law. In some instances, the App may combine Non-Personal Information with Personal Information. If the App does that, it will treat the combined information as Personal Information as long as it is combined.

Storage of Information

Your personal information and non-personal information is stored on a secure database managed and controlled by Shark Count partners. Data may be transferred to and from, or held in, non-EEA countries, for example the USA.

Security

The Sites incorporate reasonable and appropriate safeguards using industry standard technology to heighten the security, accuracy and privacy of any Personal Information collected by the Shark Count App. These comprehensive standards are intended to help the Shark Count App proactively protect your account data — a responsibility the App takes very seriously.

Linked Sites

The Sites may contain links to the websites of the App’s partners. We are not responsible for the privacy practices or the content of such websites.

Update Personal Information and Communications Preferences

You can control the type of information collected through the Sites, for example by not accepting cookies from the Shark Count App, by erasing all App cookies from your browser, or by not providing Personal Information when prompted. To opt out of cookies installed by Google Analytics, please see https://tools.google.com/dlpage/gaoptout. Your choice will impact your communications preferences, for example the App may not be able to respond to inquiries when you do not share your email address with the App.

Children’s Privacy

The App recognizes the importance of protecting the privacy of children on the web and will never collect or maintain information at the App website from those the App actually knows are under 13 years old. No part of the App website is directed at children under the age of 13, and the App does not knowingly collect Personal Information from children under age 13. If the App discovers that a person under the age of 13 has provided the App with any Personal Information, the App will delete that information from its systems. The App does not reply to information requests from children under the age of 13, if so identified. A parent or guardian must initiate any requests for information from children under the age of 13 on their behalf. The App encourages parents to supervise children when they browse the internet.

Visitors Under 18

If you are under 18, be sure to obtain permission from a parent or guardian before you send any information about yourself (your name, address, e-mail address, etc.) to the App or anyone else over the internet.

California Residents

It is the App’s policy not to disclose any Personal Information we collect to third parties for direct marketing purposes under any circumstances. However, California Civil Code Section 1798.83 requires that all California residents be afforded the option to exercise their choice of whether Personal Information may be shared with third parties for direct marketing purposes or not, as well as to receive information specified in the statute if Personal Information is disclosed to third parties for direct marketing purposes. Accordingly, if you are a California resident and you wish to inform us whether you permit or refuse the sharing of your personal information with third parties for direct marketing purposes, or if you wish to request certain information if your personal information were to be disclosed to third parties for direct marketing purposes, please contact the App.

Cross Border Transfers

Your Personal Information may be stored and processed in any country where the App facilities, partners, or service providers, and by using the Sites or by providing consent to the App (where required by law), you agree to the transfer of information to countries outside of your country of residence, including to the United States, which may provide for different data protection rules than in your country.

Questions

If you have any questions about the App’s privacy statement or the practices of this site, please contact us at info@galapagos.org.

Ethics

It is the policy of the Shark Count App that the employees of GC who manage the App uphold the highest standards of ethical and professional behavior. To that end, these employees shall dedicate themselves to carrying out the mission of the Shark Count App and shall:

Engage in carrying out Shark Count’s mission in a professional manner;
Respect all Shark Count supporters and prospective supporters;
Carry out the wishes of all Shark Count supporters to the fullest extent possible;
Provide outstanding, accurate and prompt service to all Shark Count supporters;
Act honestly, truthfully, transparently and with integrity in all transactions and dealings; and
Avoid conflicts of interest and activities that conflict with their ethical obligations to Shark Count.

Changes to this Policy

The App will amend this Privacy Policy from time to time to ensure it remains up-to-date and accurately reflects how and why the App uses your personal data. The current version of this Privacy Policy will always be posted on the GC website.

This policy was last updated on June 30, 2021.

Terms of Use

These terms and conditions govern your use of the Shark Count App (the “App”). By using the App, you accept the terms and conditions stated below in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this App.

License to Use App

Unless otherwise stated, Galapagos Conservancy, Inc., a Delaware not for profit corporation (“GC”) owns the intellectual property rights published on and the materials used on this App. Subject to the license below, all these intellectual property rights are reserved.

You must not:

republish material from this App in neither print nor digital media or documents (including republication on another App);
sell, rent or sub-license material from the App;
show any material from the App in public;
reproduce, duplicate, copy or otherwise exploit material on this App for a commercial purpose;
edit or otherwise modify any material on the App;
redistribute material from this App – except for content specifically and expressly made available for redistribution; or
republish or reproduce any part of this App through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable Use

You must not use this App in any way that causes, or may cause, damage to the App or impairment of the availability or accessibility of the Shark Count App or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities on or in relation to this App without GC’s express written consent.

This includes:

scraping
data mining, extraction and harvesting
‘framing’ (iframes)
article ‘Spinning’

You must not use this App or any part of it to transmit or send unsolicited commercial communications. You must not use this App for any purposes related to marketing without the express written consent of Shark Count.

Restricted Access

Access to certain areas of this App is restricted. GC reserves the right to restrict access to certain areas of this App, or at GC’S discretion, this entire App. GC may change or modify this policy without notice.

If the Shark Count App provides you with a user ID and password to enable you to access restricted areas of this App or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

GC may disable your user ID and password at GC’s sole discretion without notice or explanation.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this App, for whatever purpose.

You grant to GC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to GC the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or GC or a third party (in each case under any applicable law).

You must not submit any user content to the App that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

GC reserves the right to edit or remove any material submitted to this App, or stored on the servers of the Shark Count App, or hosted or published upon this App.

The Shark Count App does not undertake to monitor the submission of user content to, or the publication of such content on, this App.

You may view, download for caching purposes only, and print pages, files or other content from the App for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

No Warranties

This App is provided “as is” without any representations or warranties, express or implied. GC makes no representations or warranties in relation to this App or the information and materials provided on this App.

Without prejudice to the generality of the foregoing paragraph, GC does not warrant that:

this App will be constantly available, or available at all; or
the information on this App is complete, true, accurate or non-misleading.

Nothing on this App constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of Liability

GC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this App:

to the extent that the App is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if GC has been expressly advised of the potential loss.

Exceptions

Nothing in this App disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this App disclaimer will exclude or limit the liability of GC in respect of any:

death or personal injury caused by the negligence of GC or its agents or employees;
fraud or fraudulent misrepresentation on the part of GC; or
matter which it would be illegal or unlawful for GC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this App, you agree that the exclusions and limitations of liability set out in this App disclaimer are reasonable.

If you do not think they are reasonable, you must not use this App.

Other Parties

You accept that, as a not for profit corporation, GC has an interest in limiting the personal liability of its officers, employees and directors. You agree that you will not bring any claim personally against GC’s officers, employees or directors in respect of any losses you suffer in connection with the App.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this App disclaimer will protect GC’s officers, employees, directors, agents, subsidiaries, successors, assigns and sub-contractors as well as GC.

Indemnity

You hereby indemnify GC and undertake to keep GC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by GC to a third party in settlement of a claim or dispute on the advice of GC’s legal advisers) incurred or suffered by GC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to GC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, GC may take such action as GC deems appropriate to deal with the breach, including suspending your access to the App, prohibiting you from accessing the App, blocking computers using your IP address from accessing the App, contacting your internet service provider to request that they block your access to the App and/or bringing court proceedings against you.

Variation

GC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this App from the date of the publication of the revised terms and conditions on this App. Please check this page regularly to ensure you are familiar with the current version.

Assignment

GC may transfer, sub-contract or otherwise deal with GC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions, together with the Shark Count App Privacy Policy, constitute the entire agreement between you and GC in relation to your use of this App, and supersede all previous agreements in respect of your use of this App.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the applicable Federal or state courts situated in the Commonwealth of Virginia, USA.

If you require any more information or have any questions about our Terms of Use, please feel free to contact us by email at info@galapagos.org

This policy was last updated on June 30, 2021.