Updated: August 19, 2024
Welcome to Can You See Me Now? This document sets out the terms for taking part in the game and how we handle your data. Please read this and if you have any questions, please get in touch. Here are the headlines:
- Play nice
Please do not submit abusive, offensive, or otherwise inappropriate content in the game. - Play safe
Please pay attention to your surroundings when you’re playing. This is especially important for users playing as runners on the street. - Be aware of what you share
We will never sell your personal information to third parties. However, we do use tracking technologies to understand our audiences. In addition, any contributions you make – including photos, messages and names that you provide – may be used in research, and to document and promote the project.
Terms of Use
This document forms the Terms of Use (the ‘Agreement’) for the services provided by Blast Theory (‘we’, ‘us’, ‘our’) as part of the Can You See Me Now? the app and associated website (the ‘App’). By accessing or using the App in any way, users (‘User’, ‘Users’, ‘you’, ‘your’) agree to abide by this Agreement.
Please refer to our Privacy Policy below for information on how we collect, use and disclose personally identifiable information from our users. By using the App you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
1. Acceptance and changes to these terms
The App is for personal and non-commercial use only, and your use of the App is conditioned on and subject to your compliance with this Agreement. If you do not agree with this Agreement, you should leave the App and discontinue its use. Please read this Agreement carefully.
We may revise this Agreement at any time, and we will notify you of any changes by posting notice in the App. If you do not agree with the changes, you must stop using the App.
Any changes to the Agreement that amend the licences provided in this Agreement shall amend any licences granted before the changes take effect, as well as any granted after the changes take effect. These terms shall always bear a ‘last updated’ date at the top of the page showing the date on which they were last updated.
2. User conduct
You are solely responsible for your conduct on the App, and for any content, including but not limited to text, audio and photos (collectively, ‘User Content’), that you contribute in the App.
You may not use the App to abuse, harass, threaten, impersonate or intimidate others or to create or submit unwanted email or other messages.
You may not use the App for any illegal or unauthorised purpose. International Users agree to comply with all local laws regarding conduct and acceptable content.
You may not collect or harvest any personally identifiable information from the App.
You may not use the App to upload, transmit or link to Prohibited Content. Generally, Prohibited Content includes content or other material that we believe:
- is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, encourages conduct that would violate or violates any law, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate;
- comprises material that is copyrighted or protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless express written permission of the owner is obtained to use the material and to grant all of the licence rights granted herein;
- violates or otherwise encroaches on the rights of others;
- advocates illegal activity;
- harms anyone, including minors; or
- provides a link to any of the above.
You are responsible for any activity that occurs through your use of the App.
Blast Theory has the sole discretion to determine whether User Content is Prohibited Content, and any User Content submitted to the App may be subject to examination and may be deleted, moved or edited without notice.
Any breach or non-compliance of any of these user conduct terms will entitle us to immediately and without notice (i) remove any User Content (including permanent deletion of data), and (ii) block you from any further use of the App.
3. User generated content
As part of the App, users provide a name of ‘someone they know’; take photographs; and communicate using text and audio messages. We do not claim any ownership interest in your User Content, but we do need the right to use your User Content.
In order for us to make the User Content you contribute available in the App, and to operate, market and promote the App, we need the right to make use of such User Content in accordance with and subject to this Agreement.
For example, if you take photos or record audio, we need your licence to display that User Content in the App, so that recipients can view that User Content.
We may also display User Content for the purposes of documentation, promotion and research, we therefore need your licence to ‘modify, adapt, translate, and create derivative works from’ your content.
Therefore, by contributing User Content to the App or creating it in the App:
- You automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide licence, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the App from time to time permits User Content to be used, in compliance with all applicable laws, and to licence or permit others to do so. Our rights under this licence remain in place even after termination of your Membership and account.
- You represent and warrant to Blast Theory that (a) you are the sole owner, author and copyright owner of User Content you contribute to the App or you have permission from the author, owner or copyright owner to make such User Content available to the App as ‘User Content’, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with this Agreement and does not contain any defamatory, libellous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by the App and this Agreement.
4. Your privacy responsibilities
You represent and warrant to Blast Theory that you have obtained all required consents with respect to any personal information (or information of any other person) provided by you to Blast Theory, and that – subject to our Privacy Policy – Blast Theory may use such personal information for the purposes of operating the App.
You agree to comply with all applicable data privacy laws.
5. Respecting the intellectual property of others
Blast Theory respects intellectual property rights. If you believe that any User Content in the App infringes on another’s intellectual property rights you may contact us. Blast Theory reserves the right to remove User Content without prior notice. Blast Theory may also terminate a Users’ access to the App, immediately and without notice, if Blast Theory believes, in its sole discretion, that the User is infringing any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights).
6. Indemnity
You agree to indemnify and hold harmless the Blast Theory Parties from any damage, liability, cost, expense, loss, claim or demand (collectively, ‘Losses’) including reasonable lawyers’ fees, due to or arising out of your use of the App, including your breach of this Agreement, and including also any claims that Content provided by you to us or Members infringes the intellectual property or other rights of any third party.
7. Disclaimers
Blast Theory is not responsible or liable in any manner for any User Content posted. Although we provide rules for user conduct, we do not control and are not responsible for what Users do, post, transmit or share in the App.
Under no circumstances will Blast Theory be responsible for any loss or damage, including any loss or damage to any User Content, or for personal injury or death, resulting from anyone’s use of the App, any Content posted on or through the App, or any interactions between users of the App, whether online or offline. You post Content in the App at your own risk.
Blast Theory expressly disclaims all warranties of any kind, whether express or implied, including such warranties as may be applicable under Sale of Goods legislation or other statutes, and including but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement, or of availability or results. Blast Theory does not warrant that (i) the App will meet your specific requirements, (ii) the App will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the App will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the App will meet your expectations, and (v) any errors in the App or any software will be corrected.
8. Limitation of liability
In no event will the Blast Theory be liable to you for any indirect, consequential, exemplary, incidental, special, aggravated, exemplary or punitive damages, or damages for loss of profits, goodwill, use, data or other intangible losses, whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise, arising from your use of the App, or any of the App Content or other materials on, accessed through or downloaded from the App, even if the Blast Theory Parties are aware or have been advised of the possibility of such damages.
9. Electronic communications
The communications between you and Blast Theory use electronic means, whether you use the App or send Blast Theory emails, or whether Blast Theory posts notices on or through the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Blast Theory in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Blast Theory provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
10. Termination
This Agreement continues until terminated by either Blast Theory or you. Blast Theory reserves the right to refuse access to the App to any person at any time for any reason, or for no reason, in its sole discretion.
Blast Theory may terminate this Agreement and your account, delete your account and remove any Content or information that you have posted in the App or and/or prohibit you from using or accessing the App (or any portion, aspect or feature of the App) for any reason, or no reason, at any time in its sole discretion, with or without notice. If we terminate your account or this Agreement, our licence to your User Content shall continue as described in this Agreement.
If you terminate this Agreement, the effective time of termination is a reasonable period of time, not less than 30 days, after we receive your notice via our contact details (below). After termination of your licence to us with respect to all of the User Content you contribute to the App or termination of your account, you will no longer have access to your account and all information contained therein may be deleted.
Privacy Policy
This Privacy Policy governs the manner in which Blast Theory (‘us’, ‘our’, ‘we’) collects, uses, maintains and discloses information collected from users (each, a ‘User’) of the Can You See Me Now? App and website (collectively known as the ‘App’).
1. Your Data
Personal identification information
We may collect personal identification information (‘Personal Information’) such as names and email addresses from Users in a variety of ways, including, when Users register in the App, respond to a survey, fill in a form, and in connection with other activities, services or features we make available on our App.
Where User Content discloses full names, addresses or other personal identification information that User Content is treated as Personal Information.
Non-personal information
We may collect non-personal information (‘Usage Data’) about Users whenever they interact with our App. Usage Data may include the type of device, the geo-location of the User, the time a User accesses the App, technical information about the App’s use.
Where User Content is deemed not to disclose Personal Information, for the purposes of this policy, it is treated as non-personal Usage Data.
2. How we use your data
We may collect and use Personal Information for the following purposes:
- To provide core App functionality: we use User information to deliver core features and functionality in the App.
- To send emails: we may use the email address to send Users important information and updates about the App. It may also be used to respond to their questions and/or other requests. If the User decides to opt in to our mailing list by submitting their email address, they will receive emails that include company news and updates. If at any time the User would like to unsubscribe from receiving future emails, we include unsubscribe instructions at the bottom of each email.
We may collect and use Usage Data for the following purposes:
- To improve our App: we may use information in the aggregate to understand how Users as a group use the services and resources provided on our App. This includes information from tracking technologies to understand who our users are and where they come from.
- To present outcomes from the App: we may use non-personal information from Users to publicly present outcomes for promotion and documentation. This includes location data, names, and audio and text messages shared within the App.
- To do research: we may use non-personal information and anonymised data for researching User journeys and interactions. We may share this information with research partners, funding partners and at future conferences and presentations on an ongoing basis.
3. How we protect your data
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of User personal information and data stored. All data exchanged between the App and our servers happens over an industry-standard TLS secured communication channel and is encrypted and protected with digital signatures. All data is encrypted at rest using strong encryption.
4. Sharing to third parties
Under no circumstances will we ever sell your personal information.
However, there are circumstances where we disclose information to third parties. We only do this where we are satisfied that your information will not be used for purposes other than those agreed by us.
These are as follows:
- To online platforms (specifically Mailchimp, Google, Meta and TikTok) to understand our Users: where they come from and how they engage with us. Personal information shared for these purposes is pseudonymised.
- In an anonymous form to commissioners, project partners, researchers and general audiences. For example, in the form of statistics and feedback reports that help us document, promote or share the impact of our work.
- Lastly, we may share your information where we are under a duty to disclose your personal information in order to comply with any legal obligation (for example to government bodies and law enforcement agencies)
See below for details about how information is shared with specific third parties:
We use Google Analytics to analyse your engagement with the App and to determine if you have used the App before. Google analytics sets cookies which will stay active for a number of years and identify on your device that you have used our App.
Meta & TikTok
We use Meta & TikTok Pixels to deliver you relevant ads and to analyse users of our App. We use their ‘Custom Audiences’ and ‘Lookalike Audiences’ tools to deliver advertisements to you across both platforms based on email addresses, video views, app downloads and other activity that we have collected.
Read the terms of use for Meta’s ‘Custom Audiences’
Read information on TikTok’s personalised ads
Learn how to opt out of receiving advertisements from us based on the information we collect from you via these platforms by updating your Meta ad preferences
MailChimp
We use MailChimp to manage our mailing list and for staying in touch with you.
Read Mailchimp’s privacy policy and explanation of your rights and options to opt-out
5. Deletion of Personal Information
Personal Information will be stored as long as the services provided by the App are available. Users can request their data or request that their data is deleted at any time by emailing Blast Theory at the address below.
6. Your acceptance of these terms
By using the App, you signify your acceptance of this Policy. If you do not agree to this Policy, please do not use our App. Your continued use of the App following the posting of changes to this Policy will be deemed your acceptance of those changes.
7. Changes to this Policy
We have the discretion to update this Policy at any time and we will notify you of any changes by posting notice in the App. Your use of the App after notice of any changes to the Policy is your agreement to those changes. If you do not agree with the changes, you must terminate your use of the App.
Contacting us
If you have any questions about this Privacy Policy, the practices of the App, or your dealings with the App, please contact us at:
Blast Theory
Unit 5, 20 Wellington Road
Portslade, Brighton
East Sussex, BN41 1DN
UK
Email: info@blasttheory.co.uk