Adopted and Revised: 19 October 2020

Your privacy is important to us. These Terms & Conditions (“T&C”), and Privacy Policy, apply to the services offered to you (“User”) regarding your use of the application Bidi Bezbedna (“Bidi Bezbedna” or “Application”) and related services (“Services”). As a precondition for using the Services, you must agree to the T&C. If you accept these T&C, you represent that you are age 13 or older. If you are between ages 13 and 17 or otherwise do not have the authority to enter into agreements such as these T&C, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these T&C.

The T&C are applicable to any User of the Application and the Services, and explains how personal information is collected, used, disclosed and protected by the software. You are invited to read them carefully. The T&C are governed, interpreted and applied in accordance with law of North Macedonia, the language of interpretation being the Macedonian language in case of dispute over the meaning of a term or a provision of T&C.

Terms & Conditions (incl. Privacy Policy)

1. General Information

The General Business Terms and Conditions of Use represent the basis for the legal relationship between Codepixel d.o.o and the User for Bidi Bezbedna application made available for smart mobile devices and tablets.

2. Description and purpose of the Application 

2.1 “Bidi Bezbedna” application is a software Application and a Service (hereinafter referred to as “Application”) of Codepixel d.o.o. for iPhones and Android mobile phones and tablets, which enables (including the limitations listed below) Users needing help and finding themselves in a case of emergency to be located and helped. The purpose of the Application is to provide access to resources and contacts that could help and assist User when faced with a past, present or potential violent situation. The Application has several features, including geolocation, SMS, phone calling and data usage service and help information and resources.

2.2 Geographical location is obtained through an integrated tracking system integrated in the mobile phone. Furthermore, this tracking data is sent by SMS to the National SOS-line establishedand run by the NGO (women's rights group) and the Government of North Macedonia or mobile contacts of your choice defined beforehand. Aim is to enable swift signalling of threat to which person is exposed to, and locate persons in a timely and accurate manner. All of this is done in service of providing the above-mentioned individuals with the best possible support and help in the moment of need and in accordance with the Protocol of the National SOS line for women victims of violence. The use of the Application's geolocation feature requires the express prior consent of the User to be geolocated. For this, the User will have to activate, if they wish, the geolocation feature directly in the settings of their mobile device and accept that the Application can use it. This feature can, at any time, and at no cost, be disabled or enabled. Acceptance of the mobile phone’s GPS geolocation feature allows the User to share their GPS position in real time with contacts of their choice when they trigger an alert. The geolocation service may not work accurately, permanently or without error depending on circumstances, such as the network connectivity, the availability of GPS/Wi-Fi information, the charge status or power level of your mobile phone battery or that of your chosen contacts and/or other circumstances that are beyond the control of Resonantes. The accuracy of the information on your position and the timely availability of the Services may be affected by your environment, as well as the status of your mobile phone and that of your chosen contacts.

2.3 The user acknowledges that the costs of the respective mobile service provider / network operator incurred when sending an SMS, making a phone call or using data or phone traffic associated with the use of the Application. These costs shall be borne by the user herself/himself.

2.4 The instantaneous consultation of help information and resources via dedicated documents and links the User can access through the Application.

2.5 The user explicitly acknowledges that the Application does not serve as a state emergency service. Therefore, acute and imminent life dangers should be reported using the publicly available abbreviated dialling numbers for emergency services (112 single emergency number, 122 Police, 123 Fire stations, 124 Ambulance).

3. Functionality and access to Application

3.1 The Application shall be installed by the user on the smart mobile phone (with the iOS or Android operating systems) in the usual manner. To access and use the Application, the User must have a compatible mobile device and internet access. In case of an emergency, the location of the User shall be determined on the GPS coordinate system (as far as this is technically possible) by the User pressing the corresponding button. As a result of that, the User’s data and the GPS coordinates shall be automatically transmitted to the National SOS-line for women victims of violence  of North Nacedonia via SMS message. The SMS shall be received  by the trained employees of National SOS-line for women victims of violence in North Macedonia and processed accordingly using the data received. Upon receiving the geolocation of the User in distress, the employee of the National SOS-line for women victims of violence of North Macedoniaact in accordance with the Protocol of this specialised service for support to women victims of violence, undertake measures as agreed and alert the designated staff and police upon agreement with the User.

4. Financial conditions

4.1 The Application can be downloaded free of charge from the Google Play Store and Apple Store platform. The Application is offered to Users free of charge excluding the costs of subscription to the services of a mobile phone operator, SMS service, connection costs and internet access costs, and any additional costs charged for downloading data. You may or may not be charged for the transfer of data on your geographic location according to the conditions applied by your mobile phone operator.

5. Licence to use the Application

5.1 Codepixel d.o.o. grants the User a personal right to use the Application, Content and Services, non-exclusive, voidable, non-assignable, non-transferable, worldwide and free only for their own needs in connection with the use of the Application and Services, and to the exclusion of any other purpose. Users are strictly forbidden from accessing and/or using the Application source codes and/or Application software components.

5.2 The User does not acquire any intellectual property rights in the Application, the Content and/or the Features, or any other rights other than those conferred by the present. This license does not give the User any right of use on the Content. It is therefore prohibited for the User to reproduce, represent, adapt and/or exploit any Content. The User expressly undertakes that the use of the Application does not in any way affect the rights of Codepixel d.o.o., and in particular, that such use does not constitute an act of counterfeiting, unfair or parasitic competition of the Content

6. Intellectual property rights relating to the Application

6.1 The entire Application is protected by the intellectual property rights of North Macedonia and international intellectual property rights. All reproduction and representation rights are reserved, including for downloadable documents. All the text, graphics, icons, photographs, plans, logos, videos, sounds, trademarks, and more generally, all of the elements making up the Application cannot be the subject of any representation, reproduction, exploitation or extraction, in whole or in part, on any media whatsoever, without the express prior authorisation of Codepixel d.o.o. and its partners. Failure to comply with this prohibition would constitute an act of infringement and may engage the civil and/or criminal liability of its author. Codepixel d.o.o. and its partners reserve the right to initiate legal proceedings against any person who fails to comply with this prohibition.

7. Code of Conduct

The User expressly agrees:

8. Limited availability

8.1. The Application shall be nationally limited and a direct data transfer to the appropriate emergency service centre shall only function within the country of North Macedonia.

8.2. The User acknowledges that the functioning of the Application depends on a number of technical requirements that cannot be controlled by Codepixel d.o.o.

These are in particular, the requirements which depend on third parties: sufficient network coverage for voice and data traffic, functioning of the relevant devices from network providers (in relation to the data, mobile phone and fixed networks), and availability of an appropriate GPS signal.

Furthermore, the User shall ensure the following requirements at her/his own responsibility and at her/his own cost: technical requirements, configuration and capacity of the mobile phone, adequate battery status of the mobile phone, availability of the latest version of the Application on the mobile phone, proper installation of the Application on the mobile phone, correct specification of personal information in the Application, especially concerning the mobile phone number, activation of the tracking function on the mobile phone, activation of the roaming function on the mobile phone (when deactivated, the transmission of the data packet cannot be performed), and compliance with the interactive instruction of the Application. The User is aware that she/he must provide these requirements herself/himself and hereby acknowledge these limitations.

9. Modification of the Application and T&C

9.1. The Application may be subject to modifications, enhancements, limitations, disruptions or permanent cessation without any information to the User and at any time. At the time of termination of the Application, all rights and licenses that were provided to the User shall be terminated and the User shall end all use of the Application.

9.2 The applicable T&C are those in force on the date of login and use of the Application by the User. Codepixel d.o.o. reserves the right to modify, at any time, all or part of the T&C without notifying or informing Users in advance in order to adapt them to changes in Services, technical developments, legal or case law, or when setting up new services. Any changes made by Codepixel d.o.o. to the T&C will be brought to the attention of Users simply by updating and posting them online. These changes are deemed accepted without reservation by any User who accesses the Application subsequent to said posting. Codepixel d.o.o. therefore invites all Users to regularly consult the T&C. Any new Service incorporating new technologies or new characteristics that improve the quality of existing Services shall also be subject to these T&C, unless expressly provided otherwise.

10. General limited liability

10.1 Codepixel d.o.o. shall exercise reasonable care for the Application and the associated Services. Codepixel d.o.o. shall not make any promises or undertakings with regard to the Application and, in particular, shall not ensure that the use of the Application will be free of disruptions and errors. The User shall not be able to claim a permanent and uninterrupted availability of the Application. However, Codepixel d.o.o. shall attempt to achieve the highest possible level of availability and to rectify malfunctions as quickly as possible.

10.2 Codepixel d.o.o. shall not be liable if the transmission of an emergency notification is delayed or does not occur at all, and if, as a consequence, alerting rescuers is delayed or is not performed and damages occur.

10.3 Liability for performances by alerted rescuers shall be excluded as the Application only acts as an intermediary (send alarm).

10.4 Principally, Codepixel d.o.o. shall be liable for contractual and extra-contractual claims due to damages of users only in cases when damages are caused intentionally or by gross negligence. As far as liability is excluded or limited, this shall also apply for the liability of legal representatives, employees or vicarious agents of Codepixel d.o.o.

10.5 If Codepixel d.o.o. temporarily or permanently ceases its Application in whole or in part, this circumstance shall not justify any liability.

11. Obligations and liabilities of the User

11.1 The User shall be obliged to rightfully use the Application and handle it responsibly. The User acknowledges that the Application is only provided for use in case of emergency and that the confirmation of the Application may trigger several related rescue measures, for which the User must bear any potentially arising costs himself.

11.2 Misuse of the Application may result in bearing consequences under the Criminal Law of North Macedonia. The User shall indemnify Codepixel d.o.o. against any claims by third parties, which may arise in consequence of her/his fault. Apart from that, in case of a culpable violation towards Codepixel d.o.o., the User shall be obliged to compensate the damage suffered.

11.3 Furthermore, the User shall use the Application in a manner so that the Application suffers no impairments, overloads or damages and the aim of the Application is neither endangered nor evaded. The User shall neither evade nor modify safety precautions of the Application herself/himself nor by third parties.

11.4 Any rights to the Application shall remain with Codepixel d.o.o. The User shall not reproduce, modify, reverse engineer, decompile and distribute software that has been provided to her/him.

11.5 Due to serious violations of obligations that arise from laws or/and the applicable T&Cs and from contractual agreements, the User may be temporarily suspended or permanently excluded from the use of the Application.

12. Privacy policy

12.1 General information

The collection, processing and usage of personal data by the Application shall be performed according to the mandatory provisions for data protection.

The data shall only be collected, processed and used by the Application insofar as this necessitates the use of the Application by the User. The vital interests of the affected person or persons are protected (according to Article 6 paragraph 1 of GDPR). These data include in particular the locating services. Processing of data is legitimised as long as the interests or basic rights and freedoms of the person in authority or a third person predominate, especially when the affected person is a child (Article 6 paragraph 1 of GDPR).

12.2 Information We Collect
This Privacy Policy explains how we collect, use and share user’s personal data.
Information User provides
Through the using process, the User will provide us with the User' geolocation. The Application uses this geolocation and with the Google Geocoding API (a service that provides geocoding and reverse geocoding of addresses) gets the User’ current address (street name, house number). During this step, the information is protected by the Google Privacy Policy protocols (https://policies.google.com/privacy).
The Application shall also ask for the permission to send an SMS. The Application shall directly send geolocation data and address (provided during the
above mentioned step) via an emergency alert SMS to the Macedonian National SOS-line for women victims of violence or the trusted contacts (*see information My Support). The mentioned information is sent through a regular SMS, and its protection is provided  and depends upon the User’s mobile service provider and laws in force in North Macedonia. The Application does not use any external server or services for sending SMS.
My Support
My Support is an optional feature. The User can make a list of contacts, whom the User trusts in emergency situations. This feature allows for the User to send the same emergency SMS to the trusted contact as to the Macedonian National SOS-line for women victims of violence, containing User’s with geolocation and address or make a phone call to this particular contact.

12.3 Sharing data

Whenith activating the “PUSH FOR HELP” button  The User agrees that her/his respective location, after it has been tracked, is being forwarded to the National SOS-line for women victims of violence of North Macedonia.

The User takes note that in the case of an emergency personal data is transmitted to the National SOS-line for women victims of violence of North Macedonia and could be stored by this organisation for purposes regulated by laws of North Macedonia

The Application does not, under any circumstances, save, store, sell, lease User’s personal information to third parties.

The User’s data could be shared with any other person or entity upon User’s request and consent.

12.4 Securing data

We have taken steps to provide a level of security appropriate to the level of risk arising from the processing of User’s personal data described in this notice. These measures are designed to protect User’s data against accidental or unlawful destruction, as well as against loss, alteration, disclosure or unauthorized access. The specific measures we adopt vary, but generally include encryption of data in transit, anonymization of data (if possible), controls to limit access to services or systems that contain personal data, as well as implementation of procedures dedicated to the management of supposed security incidents.

13. Age limit

13.1 In accordance with our T&C, User certifies that she/he is at least 13 years old. However, we do not know the age of the users of our Services. If the User is under the age of 13, we ask that she/he does not share their personal information with us (including name, address, telephone number, or email address) and does not use the Services to share it with others.

 

13.2 If we discover that we have personal data about a User under the age of 13, we will take appropriate measures to ensure that we use that data in accordance with applicable laws and legislation, otherwise we will delete it from our records. If there is a reason to believe that we hold personal data relating to a User under the age of 13, please contact us.

14. Jurisdiction and applicable law 

14.1 The exclusive place of jurisdiction is Skopje.

14.2 These Terms and Conditions, and Privacy Policy, shall be subject to law in North Macedonia. However, this choice of law shall apply to Users who are consumers only to the extent that it does not deprive them of the protection afforded to them by the mandatory legal provisions applicable in the country in which the User is ordinarily resident.

14.3 In the event that one or more provisions of this agreement is/are or become/s invalid, this shall not affect the validity of the remaining provisions hereof.

15. Contact information

In matters related to the Terms and Conditions and Privacy Policy, you can reach us at:

Codepixel d.o.o.

Address: Moskovska 82, 81000 Podgorica, Montenegro

Telephone: +382 20 237 618

Email: [email protected] 

Website: https://www.codepixel.me/