Field Notes Rules

Field Notes (the “app”) is owned and operated by Field Notes Communities Limited (“Field Notes Ltd”). These rules are the terms and conditions that you must agree to in order to use this app (the “Rules”) and by using the app and accessing our website www.fieldnotescommunities.com (the “Website”), you acknowledge that you have read and understood these Rules and agree to be bound by them.

Field Notes Ltd has customers who organize research projects (“Research Companies”). A researcher invites participants to answer questions using the app with responses which include video, photo, audio and text. These Rules apply to your use of the app as a participant.

1. Age Restrictions

To use this app you must be over the age of 16 unless we have specifically obtained permission from your parent or legal guardian.

If you are younger than 16:

• You must show your mother, father or guardian these Rules and they must have then given you permission to use this app and have notified us of this permission by emailing compliance@fieldnotescommunities.com
• Unless your mother, father or guardian have told you otherwise, you must be supervised at all times by your mother, father or guardian when using this app.
• If you are a mother, father or guardian of a user of this app who is under 16 then you must agree to these Rules in respect of yourself and your child and make sure that your child understands and complies with them. Unless you agree that your child can use this app without supervision, you must supervise your child’s use of this app at all times. You are responsible for your child’s use of this app (supervised or unsupervised).
• Following Field Notes Ltd’s receipt of the email confirming parental permission for you to use this app, Field Notes Ltd will cease to be liable to you for any processing of your data without consent and your parent becomes liable to ensure your compliance with these Rules.

2. Your Data

• We will always treat your personal data according to our Privacy Statement which appears at the end of these Rules. Details of the personal data that we collect about you are contained in the Privacy Statement.
• Once you have uploaded your content, you will not be able to directly delete this material from Field Notes Ltd’s server. However, you can have your content removed by contacting the Research Company (the data controller) and asking them to withdraw you from the project (or to delete a specific section). Please contact us (email compliance@fieldnotescommunities.com) if you want to verify this has occurred.

3. Creation of Content

We respect your responsibility for the content you choose to share with us. However, when creating the content, you must agree to the following rules of use:

• Do not say anything about your friends, family or other people or use anyone’s image in the content unless you have their express permission to do so and their express approval of what you have said;
• Do not say anything about anyone or anything that is not true;
• Do not say anything that is illegal, offensive, pornographic, rude, racist, sexist, ageist, discriminatory, abusive.
• Do not say anything that is deliberately meant to upset anyone else;
• Do not use obscene or vulgar language;
• Do not use the identity of anyone else;
• Do not copy anyone else’s material when you are creating the content – the content should be your thoughts and comments and no one else’s;
• Do not use anyone else’s work when you are creating the content without seeking their express permission first;
• Do not use anyone else’s confidential information in the content; and
• Do not offer to buy, sell or trade anything.
• If you are a child, you must not give details about what school you go to or your address and you must tell your parents or guardian straight away.
• You may wish to talk about celebrities and brands in the content and the content may incidentally include footage of branded products. That is allowed in the United Kingdom, but you would still follow need to follow the above rules. You may not engage in any form of commercial advertising – this does not include references to businesses for non promotional purposes including references to brands and advertising in each case which is incidental.
• You are only allowed to use this app for the purposes of submitting the content to Field Notes Ltd. You are not allowed to use this app for any other purpose. Any content you enter using the app will be uploaded to the server and will be taken as submitted according to these rules and any rights transfers you agree with the Research Company.
• The contents of the Briefs and Tasks that you will receive via the app are strictly confidential.

4. Ending Your Use of This App

We may stop you from using this app, or ask you to stop using this app, at any time. This may be by disabling your account or by giving you a notice (for example, sending you an email) to stop using the app. We may also delete the content at any time if we, in our sole discretion, consider this appropriate.

You promise not to access this app or attempt to re-register with Field Notes Ltd if you have been stopped from, or asked to stop, using this app.

5. Ownership of This App and Contents

The content of this app, including all pictures, graphics, words, buttons, icons, moving images, music and sound and the presentation, selection and arrangement of the same belong to Field Notes Ltd or its licensors and assignors from time to time. You may not copy or use any of it other than directly as part of the normal use of this app.

Field Notes does not have any ownership or proprietary interest in any content you create using the app and any such rights will be assigned to the relevant Research Company on whose behalf or for whose purpose you are using the app.

6. Changes

Field Notes Ltd may alter, remove or withdraw this app or any part of it (including anything that you add to it) at any time for any reason, with or without telling you.

Field Notes Ltd may update these Rules and Privacy Statement at any time. Field Notes Ltd will provide a notification upon your next use of the app following any changes that materially affect how we process any personal information we collect. Your continued use of this app confirms your acceptance to any updated terms.

7. Liability

THIS APP IS PROVIDED “AS IS”, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement of any third party intellectual property rights or any law in any jurisdiction, compatibility, security and accuracy. Errors may appear in the app and there may be delays in downloading the app or in uploading or downloading the content. Any products or services which we ask you to provide comments on are those of our clients and we do not accept any liability for them nor should any part of this app constitute advice in any way regarding such products or services and cannot be relied on. Your download this app is at your own risk.

This app is provided to you free of charge and as such it is reasonable for us to exclude and limit our liability to you as follows. To the fullest extent permitted by law, FIELD NOTES LTD SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES, COSTS OR EXPENSES that you suffer because of or in connection with your use of this app even if Field Notes Ltd has been advised of and should have foreseen the possibility of such loss.

Without prejudice to the exclusions of liability included above and to the extent permitted by applicable law, Field Notes Ltd’s total liability to you arising under or in connection with these Rules no matter how fundamental (including by reason of Field Notes Ltd’s negligence) shall be limited to £50.

Notwithstanding any contrary provision in this Agreement, Field Notes Ltd does not limit or exclude its liability in respect of: any death or personal injury caused by its negligence; any fraud; and any statutory or other liability which cannot be excluded under applicable law.

The Internet is not secure. Sometimes, internet service providers or other third parties can and do intercept for legitimate and illegitimate purposes. Field Notes Ltd uses high levels of security to transfer information to our servers but Field Notes Ltd will not be liable to you for any losses, costs or expenses that you suffer because of this or any other action or inaction of any third party.

You agree to be responsible for, and pay back to Field Notes Ltd, any losses, costs or expenses that Field Notes Ltd suffers or incurs as a result of you failing to comply with these Rules.

Field Notes Ltd uses reasonable endeavours to ensure it operates the app in compliance with the laws of the United Kingdom.

8. Other Terms

The Privacy Statement which appears at the end of these Rules applies to the use of your personal data in connection with this app.

Other terms and conditions may apply where stated, for example for competitions.

If any part of these Rules is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to their intent.

You may not assign, sub-license or otherwise transfer your rights under these terms and conditions.

9. Law

You agree that these rules are governed by and shall be construed in accordance with the laws of England and Wales (including any non-contractual obligations arising out of them). You agree to submit to the exclusive jurisdiction of the courts of England and Wales as regards any claim, dispute or matter arising out of these Rules whether contractual or non contractual.

10. Contacting Us

If you have any questions or comments or complaints about these rules or this app we would love to hear from you. You can contact us as follows:

• By email to: hello@fieldnotescommunities.com

• By post to:

  Field Notes Ltd
  Studio 20, 35 Corbridge Crescent
  London E2 9EZ
  United Kingdom
  

Field Notes - Privacy Statement

This app is owned and operated by Field Notes Communities Limited on behalf of the Research Companies who use it to collect responses to their research questions.

In order for you, a participant, to take part in a research project for a Research Company, you need to assign the Research Company and their clients some rights over the responses you provide, but these rights may vary from project to project and are agreed between you and the Research Company. They are not specified in this privacy statement.

Field Notes Ltd is committed to protecting your privacy and maintaining the security of any personal information received from you.

The purpose of this statement is to explain to you what personal information we collect and how we (Field Notes Ltd) may use it. If you have any questions about privacy please contact us at compliance@fieldnotescommunities.com.

How we ensure your privacy

We collect personal information from you for five different reasons – in each case we ensure that the personal information is kept for the minimum amount of time required:

“Research Responses”: The bulk of the information we collect from you is your responses to your research, videos, photos, audio, and text. We transfer these responses to the research companies and they may use it as they detail to you in your separate rights agreement.

“Research Management” information: During the research you may need to communicate with the research company about the research, with messages/questions. We also attempt to collect the location of each research response. Any messages and location are not part of the research and are erased when the project research has been fully collected. It is never transferred to the Research Company’s client.

“Transactional Information”: Information for login and communication purposes (your email address). This is held for a minimum amount of time and deleted when no longer needed (when your project ends, or when you request to delete it).

“Debugging” information: we use tools to automatically capture errors in our apps in order to fix bugs. Some personal information may be captured as part of these logs, but all the logs are removed after the error is resolved.

“Audit logs”: We keep logs to prove that certain information has been removed. We keep two different types of audit log: A project compliance log and an audit trail. The project compliance log is fully anonymized and tracks the length of time project data is held and authorization for retention or deletion. The audit-trail is necessarily keeps personal information but is held for a shorter-term in order to prevent violations of our terms and to provide an audit trail in the event of disagreements. This audit trail is not available to Research Companies and is only used by Field Notes Ltd to verify that data changes or deletions have or haven’t taken place (e.g. if you contact us to check if your information has been removed).

Your Research Responses and your Transactional Information are held in separate sections of our database. When the time allotted for research collection ends your Research Responses are “detached” from your Transactional Information and any Research Management information is erased.

Data Processing

The information you provide to us may be transited or held by service providers and clients outside of the European Economic Area (“EEA”). Countries outside the EEA may not always have as strong data protection laws as the UK and the EEA. However in each case a strong data-protection guarantee has been entered into with this company which complies with GDPR rules. In any case, we will always ensure that your information is used by third parties in accordance with this privacy statement and that it is kept secure. If you do not consent to this transfer you should not use this app.

We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with the UK and EU data protection legislation including GDPR.

We do not collect sensitive information about you except when you specifically and knowingly provide it as part of your research responses.

We may disclose your personal information when we believe we are required to do so by law or governmental, police enforcement or regulatory authorities or for the purposes of preventing or detecting crime.

Withdrawal and Deletion

If you wish to withdraw from a research project, please contact the Research Company directly (using the in-app communication tools, or any other direct contacts you have). The Research Company has the tools to erase all your content from the servers at any time. If you have any concerns that this has not been done, you can contact Field Notes Ltd at compliance@fieldnotescommunities.com giving us the email address you used to login with. We can then confirm that your details are no longer in our database and (if possible) the date that the information was deleted (if it was too far in the past the audit trail will have been erased).

Changes

Field Notes Ltd may update these Rules and Privacy Statement at any time. Field Notes Ltd will provide a notification upon your next use of the app following any changes that materially affect how we process any personal information we collect. Your continued use of this app confirms your acceptance to any updated terms.