Part A – Terms and Conditions of Use
These Terms and Conditions apply to all users of the Integrated Emergency Services App (the “App”) and will be subject to and interpreted under the laws of the Republic of South Africa.
Integrated Emergency Services (“iER”) is a product of National Risk Managers (Pty) Ltd, and any reference to “us”, “we”, “our”, and/or “iER” shall include National Risk Managers (Pty) Ltd, its subsidiaries and affiliated entities.
Any reference to “you”, “your”, or “User” means the individual accessing and utilising the App. Reference to “User Data” shall include, but is not limited to, personally identifiable information, account authentication information, device location, health data, medical aid and/or health insurance information and the characteristics or usage of the App. Please note that your User Data would be required for us to register your account successfully.
To ensure we respond timeously to all emergency panic alerts, we have contracted with various emergency service providers who shall be referred to as our “Associates”.
By downloading, accessing, or using the App, you agree that you have read these Terms and Conditions and agree to be bound thereto.
2. Use and Registration
Only individuals 18 (eighteen) years and older are eligible to register for the services offered through the App. If you register or make use of any of the services offered by the App, you warrant that you are at least 18 (eighteen) years and older. Anyone under 18 (eighteen) years may only utilise these services subject to parental/guardian supervision.
To successfully register and use the services offered by the App, you must provide iER with your Personal Information (as defined in Part B) and any other information reasonably required to ensure iER respond appropriately according to the alert activation received through the App.
Should iER have reason to believe that any information you provided is untrue or false, it is entirely our discretion to terminate your account.
You acknowledge that you are solely responsible for protecting your password and all activities under your username.
Concerning the operation of the App, iER may at its sole discretion withdraw, suspend, or discontinue any functionality or feature of the App.
iER or its Associates may contact you by telephone, or email to verify your Personal Information to ensure a speedy response to all your emergency situations.
3. Intellectual Property
You agree that you will not in any way use any device, software, or other instrument to interfere or attempt to interfere with the proper functioning of the App. You may only use the App for the intended purposes.
iER retains all rights, title and interest in any patent, copyright, trade secret, trademark, or other intellectual property or proprietary rights concerning the App (including our website), except for the information belonging to its Associates and your Personal Information and User Data.
You hereby agree not to distribute, display, publish, copy, print, sell, modify, or otherwise use any of the App’s information without the express prior written consent of iER.
4. Consent to the Use of User Data
You agree that we may collect, process, and store your User Data to facilitate the provision of the services or ensure the App’s functionality.
You further agree that we may provide our Associates with your User Data which they will require when responding to a panic alert activated by you through the App.
Additional information associated with your device, such as the device’s make and model, geo-location and/or network location, may be stored by iER when utilising the App.
Importantly, iER values you and the sensitive data you provide. We (and our Associates) will always treat your User Data as private and confidential and undertake to deal with your user data responsibly and lawfully. We take all reasonable steps to prevent unauthorised access to your User Data. Your User Data will only be processed to the extent necessary to provide the required emergency services.
We strive to maintain a transparent relationship with you and, therefore, put you in charge of your User Data. You may request to have your account suspended and your User Data deleted at any time by clicking here . Please note that requesting to have your User Data deleted will render the functions of the App inoperative, and you will have to re-register an account should you wish to utilise the services in future again.
5. Changes and Updates
We encourage you to periodically read these Terms and Conditions to stay updated with respect to the services provided and the overall purpose of the App.
6. Links To Third Party Service Providers
iER may, from time to time, provide the User with links to other services or content that is not owned or controlled by iER. These links are intended to connect the user easily to additional sources of information or third-party services that may interest the User.
7. Security and Confidentiality
iER is committed to protecting the confidentiality of your User Data including the use of encryption technology. Only a number of duly authorised staff members have access to your User Data to ensure access to your information is limited. We have taken steps to make all information received as secure as possible against unauthorised access, use, or disclosure from any unauthorised individuals.
8. Prohibited Activity
The User may not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate, or violate any of our or a 3rd party’s rights. In consideration of being allowed to use the service, the User further agrees to not use the App in violation of the laws of the Republic of South Africa or signing on as or pretending to be another person.
9. Limitation of Liability
iER determines which Associate will be most appropriate and reliable for the type of emergency to respond to your unique situation. Although iER strives to provide efficient and professional services through its Associates, we cannot accept liability for the manner in which the specific emergency service provider responds, the time it takes for them to respond, the consequences of delayed response by them or any delay in attending to an emergency for whatsoever reason.
iER shall not be responsible or liable for any direct, indirect, incidental, consequential or any other damages arising out of or relating to the User’s utilisation of the services through its App.
In the event of a “false alarm” or hoax call, iER reserves the right to charge an administration fee as liquidated damages for time spent, unnecessary call-outs and attendances of the relevant emergency service providers. iER may also at its election take any other legal action which it may deem appropriate in the circumstances.
The User expressly acknowledges and agrees that the use of the service through the App and its reliance on the operation, output, networks or results of the service is at your sole risk. iER hereby disclaims all warranties and conditions with respect to the emergency response service.
11. Mobile Operating Exclusions
Please note that the App is not available on the following handsets and operating systems:
• Android 4.4 and earlier
• IOS 8.0 and earlier
Your Personal Information is required to ensure that we respond timeously to an emergency situation you may find yourself in. Should you require medical assistance for example, we, or our Associates may request your medical aid and/or health insurance details and medical history (such as allergies). However, we will only disclose, collate, and process your Personal Information with your consent and in instances where we are required to do so by law. We will not use your Personal Information for any purpose other than that we disclosed to you.
2. Information We Collect
“Personal Information” shall mean information relating to you as a natural person, which includes:
- information relating to your contact details such as telephone number, e-mail address, physical address and geo-location;
- information relating to your medical history (where applicable);
- correspondence sent by you to us that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence.
In the ordinary course of our business, it is necessary for us to collect certain Personal Information. This information allows us to identify you in an emergency situation and share your Personal Information with our Associates to respond to your emergency alert.
We may also collect non-Personal Information about an individual, such as information regarding your device, network provider, and IP address. This information will also be treated strictly confidential by us.
3. Sharing Your Personal Information with Third-Parties
As referred to in our Terms and Conditions, we utilise the services of external emergency service providers referred to as our “Associates”. By activating an emergency alert through the App, you give your consent for your Personal Information to be shared with our Associates.
Your Personal Information will only be shared with our Associates for the purpose it is intended and necessary in the circumstances.
iER may use your information for marketing purposes to inform you of other or similar products that may interest you. However, your information will not be shared with a third-party that is not a related or subsidiary of iER.
4. Use of the iER Website
Our website may make use of cookie and tracking technology. This allows us to track the number of visitors to our website and understand how visitors use it. Please note that your Personal information is not collected through cookies.
5. The Protection of Your Personal Information
We will make every effort to make sure that your personal information is kept confidential and secure by storing it in our secure database and making sure we abide by any legislation or regulation relating to how we store your personal information.
In terms of S11 (3) of the POPI, you have the right to object in the prescribed manner to which we process your Personal Information. On receipt of your objection, we will place a hold on any further processing until the cause of the objection has been resolved.
POPI requires that all your Personal Information and related details supplied are complete, accurate and up to date. Whilst we will always use our best endeavours to ensure that your Personal Information is reliable, it will be your responsibility to advise us of any changes to your Personal Information as and when these may occur.
We strive to maintain a transparent relationship with you and, therefore, put you in charge of your User Data. You may request to have your account suspended and your User Data deleted at any time by clicking here. Please note that requesting to have your User Data deleted will render the functions of the App inoperative, and you will have to re-register an account should you wish to utilise the services in future again.
By downloading and using the App, the User specifically consents to the disclosure of their Personal Contact Information and any other Personal Information required to be obtained in relation to medical history, treatment and/or emergency.