This document contains information about the Becon Mobile App:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE AND MOBILE APPLICATION
The Becon™ mobile application (‘App’) is intended to improve your ability to keep yourself safe (and not to keep you safe) by assisting you to track your journey and share this with pre-selected contacts. It is not a substitute for general principles and actions of safety. When walking, you must make sure that you remain alert and take all necessary steps to ensure your own safety. Whilst our users’ safety is important to us, we provide a location notification service and do not accept any responsibility or liability for your safety. You are solely responsible for taking appropriate safety precautions and in any event, following the advice and/or protocol of any emergency services.
These terms tell you the rules for your access and use of our website, www.becontheapp.co (‘Website’) and the App (together, the ‘Becon Sites’) as well as to all other information, recommendations and/or services provided to you on or through the Becon Sites and the content standards that apply in the event that you upload content to our Becon Sites, make contact with the Becon Sites or other users on the Becon Sites , link to the Becon Sites, or interact with them in any other way.
Click on the links below to go straight to more information on each area:
The Becon Sites are operated by Becon Tech Ltd (collectively referred to as ‘Becon’, ‘we’, ‘us’ or ‘our’ in these terms). We are registered in England and Wales under company number 13301823 with our registered office at 28 Baltic Avenue, Brentford, United Kingdom, TW8 0LL. Our VAT number is 314668300.
The Becon App is a location sharing and communication app for smartphones and devices. The services we provide constitute a technology platform that enables users of the App to activate their designated journey, whilst the App tracks its user’s mobile device from start to finish, using GPS data to monitor a user’s location and notify pre-selected contacts in the event that the user’s activity, or inactivity, activates one or more of the Becon App’s triggers. These triggers occur if: (i) the user goes too far off the designated route, (ii) the user moves too fast, (iii) the user is stationary for a prolonged period, (iv) the mobile device loses its network signal for a prolonged period, and/or (v) the mobile device runs out of battery/loses power (‘Services’).
To contact us, please email email@example.com.
If you do not agree to these terms, you must not use the Becon Sites.
We recommend that you print a copy of these terms for future reference.
We may amend these terms from time to time. Every time you wish to use the Becon Sites, please check these terms to ensure you understand the terms that apply at that time.
We may update and change the Becon Sites from time to time to reflect changes to our services, our users' needs and our business priorities. Your continued access or use of the Services after the posting of such changes constitutes your consent to be bound by the terms, as amended. We will try to give you reasonable notice of any major changes.
The Becon Sites are made available free of charge, with the in-app possibility to upgrade the App to a monthly or annual subscription model from time to time.
We do not guarantee that the Becon Sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Becon Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
The Becon Sites are available to be accessed and used by users from within any country within the world.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Becon Sites and any updates thereto. Becon does not guarantee that the Services, or any part thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
The Becon Sites are not intended for use by anyone under the age of 13 years. If we discover that any non-permitted use is taking place we will immediately terminate any relevant user account facilitating such use.
In order to provide the Services, the features of the App require the corresponding mobile software to be installed on the device for which the App will be used, and require access to location, sensory and motion data from the mobile device. These features may not work properly if the corresponding device permissions and settings allowing access to location, sensory and motion data are not properly configured or enabled.
In the event that you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you, knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org .
We are the owner or the licensee of all intellectual property rights on the Becon Sites, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Becon Sites for your personal use and you may draw the attention of others within your organisation to content posted on the Becon Sites.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to: (i) access and use the Becon Sites on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Becon and Becon’s licensors.
Our status (and that of any identified contributors) as the authors of content on the Becon Sites must always be acknowledged.
You must not use any part of the content on the Becon Sites for commercial purposes without obtaining a licence to do so from us or our licensors.
You may use the Becon Sites only for lawful purposes. You may not use the Becon Sites:
You also agree:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Becon Sites, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Becon Sites, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to the Becon Sites (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine (in our sole discretion) whether a Contribution breaches the content standards as set out in these terms.
A Contribution must:
A Contribution must not:
The content on the Becon Sites are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Becon Sites.
Although we make reasonable efforts to update the information on the Becon Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on the Becon Sites is accurate, complete or up to date.
Where the Becon Sites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
The Becon Sites may include information and materials uploaded by other users of the Becon Sites, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on the Becon Sites do not represent our views or values.
If you wish to complain about content uploaded by other users please contact us on email@example.com.
You may use the Service only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, provincial, federal, national, and international laws, rules and regulations. Anyone under thirteen (13) is strictly prohibited from creating an account for the Service without explicit parental consent. For users in Korea, the Service is not available to anyone under the age of 14. By providing consent for a child under thirteen (13) to use the Service, parents and guardians agree to:
You warrant that any such contribution complies with such standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.
In the event that you upload or post content to our site, you grant us the following rights to use that content:
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these terms.
You are solely responsible for securing and backing up your content.
We do not store terrorist content.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these terms.
If you wish to link to or make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
Becon account holders may access the Products via “Becon Plus”, a subscription fee-based program, which gives access to all content within the Products. Your access to Becon Plus is only valid while your paid subscription is active and subsisting. You may have access to a free trial period of MindLabs Plus, which automatically turns into a paid annual or monthly subscription term after a fixed period of time. You can disable the automatic conversion by following the cancellation instructions in Section 3. You may access MindLabs Plus by purchasing a subscription to the Products through the Apple App Store or inside our iPhone application, where allowed by Apple’s payment marketplace. Please note that if you purchase a subscription through the Apple App Store or inside our iPhone application your purchase will be subject to Apple’s applicable payment policy, which may not provide refunds.
You may access Becon Plus via a monthly or annual subscription option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
Our “Monthly” subscription is paid for by an upfront monthly payment with automatic monthly renewals. For each month that your monthly subscription is active, you acknowledge and agree that Becon is authorised to charge the same credit card associated with the Apple Payment as was used for the initial subscription fee (“Payment Method”). The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription at least 24 hours before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
Our “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that Becon is authorised to charge the Payment Method used for:
You must cancel your subscription at least 24 hours before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
You agree to promptly notify Becon of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
Once we take receipt of your order and the email confirmation of your purchase is sent out to you by Apple our Obligations of provision of the Products under these Terms come into effect. Please quote the Order number in any communication with us. All prices in Pound Sterling include VAT unless otherwise stated and Euros include local taxes. You agree not to hold us responsible for banking charges incurred due to payments on your account. You agree that you are not permitted to resell any Products purchased through Becon for commercial purposes. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us.
You may not use any promotion code or offer provided by us in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users and will not see the Introductory prices in the iPhone application. Unless otherwise stated in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.
We reserve the right to change our subscription plans or adjust pricing for our Services and Products or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes will always be communicated to you before applied to your subscription.
When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.
Failure to comply with any of the terms in relation to the acceptable use of our site, constitutes a material breach of these terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
For the exclusive benefit of Becon, Becon shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.
The Becon Sites are not intended for anyone under the age of 13 and we do not knowingly collect data relating to children under the age of 13.
Becon is the controller and responsible for your personal data in respect of the Becon Sites.
|Full name of legal entity:||Becon Tech Ltd|
|Postal address:||28 Baltic Avenue, Brentford, United Kingdom, TW8 0LL|
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
If you fail to provide personal data where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not as a consequence, be able to perform the contract we have or are trying to enter into with you. For example, such information may be needed to provide you with your requested services. In such instances, we may find it necessary to cancel a contract with you and we will notify you if this is the case at the time.
We use different methods to collect data from and about you including through:
Technical Data from the following parties:
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:
Where we need to perform the contract we are about to enter into or have entered into with you.
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.
Where we need to comply with a legal obligation.
Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will obtain your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
We have set out below, in a table format, a description of all the ways we may use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer|
|Performance of a contract with you|
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services)
To process and deliver any in-Becon App orders including:
(a) Manage payment, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
|To enable you to complete a survey|
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our services, to develop them and grow our business)
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)|
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you|
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our website, services, marketing, customer relationships and experiences|
|Necessary for our legitimate interests (to define types of customers for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you|
(f) Marketing and Communications
|Necessary for our legitimate interests (to develop our services and grow our business)|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased or used services from us and you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by contacting us.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service experience or other transactions.
We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns and does not identify any individual.
Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to obtain an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may share your personal data with the parties set out below for the purposes set out in the table [Purposes for which we will use your personal data] above.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
In providing our services to you, we may need to transfer your personal data outside of the UK. This will typically occur when service providers are located outside of the UK, or if you are based outside of the UK.
Whenever we transfer your personal data outside of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
We have put in place appropriate security measures consistent with applicable data protection laws to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered, disclosed or destroyed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see [your legal rights] below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
With regards to location tracking data, we will delete all collected location tracking data immediately after a designated route is finished, subject to the user manually confirming termination of the designated route by clicking the respective icon in the Becon App. This deletion of data is regardless of whether a trigger activation alert was sent or not. For the avoidance of doubt, if a user starts a designated journey and subsequently closes the Becon App, therefore prompting an alert, we will continue to store the user’s location tracking data until the designated route is manually confirmed as being terminated.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
If you wish to exercise any of the rights set out above, please contact us.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.GLOSSARY
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
External Third Parties
You have the right to: