Our goal is to encourage Users to achieve and sustain healthy levels of physical movement. Our Service provides Users that register as Members with access to their aggregated physical movement data so they can track their progress in a simple and intuitive manner. With your voluntary consent to register as a Member for a Member Account, our Service can also connect you to Sponsors, such as your Employer through their Sponsor Account, to further incentivise you to reach a healthy movement goal through the use of Rewards. As we develop our tools, we are committed to respecting your privacy, keeping your information safe and letting you decide how your information should be shared.
Our Privacy Pledge to you:
1. We will comply with GDPR and further where we are required to use any Data Processors outside of the EU that these Data Processors comply with GDPR to permit the transfer of information outside of Europe to legally handle and process your information in our country of incorporation and further afield.
2. We will only collect information that is helpful to improving the Service to you.
3. We will be transparent about our information practices and will explain them in clear language.
5. We will never disclose your movement data with PPI Data to any Sponsor (including your Employer) unless:
a) it is to comply with an enforceable law; or
b) there is evidence to warrant an investigation of a potential breach of the law; or
c) you explicitly and voluntarily opted in to a given Sponsor’s Reward that requires certain PPI Data to execute that Reward.
6. We take the security of your personal information very seriously.
13 October 2019
You have the right to be informed about how we collect and use your personal data. You retain the right to access your data. To do so please request that our Data Protection Officer disclose the information Scooch holds on you by submitting a Subject Access Request (as set out below).
You have the right to rectify your personal data. Members have access to update their PPI Data held in the Profile section of the App. You have the right to be forgotten. Please refer to information set out below about deactivating your Member Account with a Termination Request thereby removing your PPI Data from your Member Account.
Types of information collected and Cookies
Place and methods of information processing
Scooch is incorporated in England and Wales. As such we comply with GDPR for processing information. We process your information in a proper manner and take appropriate measures to prevent unauthorised access, disclosure, modification, or unauthorised destruction of personal information. The information processing is carried out using computers and/or IT enabled tools, following organisational procedures and methods strictly related to the purposes of the Service. Your information is processed at our operating offices in the England and Wales and potentially in other countries via our contractually-bound Data Processors operating to deliver the Service. Where a Data Processor processes information outside of the European Union, Scooch ensures that your information is processed under contract by the Data Processor adhering to GDPR to facilitate the safe transfer of information outside of Europe.
Information retention time
When you visit our Sites
We may collect some information from you as a User if you only visit one of our Sites even if you do not register for a Member Account. Whenever you visit a Site, we collect industry standard log data that records information about your visit, for example your browser type, the website that referred you, the IP address from the pages you visited and your actions on the pages that you visited. The purpose for this is to ensure we provide you relevant information to your location and make sure our Site is working properly.
When you request or are requested to be contacted by us about a Sponsor Account
If you ask for more information on how your organisation can become a Sponsor of Members through the Service, you will be asked to enter brief contact information about your organisation and yourself, for example your name, Work Email Address and contact phone number for the purpose of us making contact with you.
When you register a Member Account
When you download our App, you will be asked to install Software and required to complete information about yourself such as your Personal Email Address and your name to create a Member Account. You will optionally be asked to enter information such as an image of you as well as your height, weight, date of birth and gender so we can create a Member Avatar for you and personalise your movement statistics such as calories burned. Depending on your preference you may choose to share information held in third party sources such as Apple’s Health App, Google’s Fit App and Facebook. If you choose to use Facebook with the Service we will ask permission to access basic information from your Facebook account, for example your name, Personal Email Address and profile picture. You can stop sharing information from your Facebook account with your Member Account at any time by removing access between your Facebook account and your Member Account.
In order to collect movement data our App will require input movement data from third party sources. Our iOS App recommends that you allow us to receive information that you control from Apple’s Health App. Our Android App recommends that you allow us to receive information that you control from Google’s Fit App. Should you choose, you may wish to have your movement data that you collect and store in other third party sources such as exercise and wearable mobile applications and Devices relayed to your Member Account in order to further enhance your experience of the Service. You can choose to disconnect these data collection connections to your Member Account at any time you wish.
When you complete the installation of our Software and register your Member Account, we reserve the right to automatically add your Member Account to the worldwide Group of all Members found in the Personal Group section of the App. In this instance your Member Avatar will default to be visible in this Group. If you wish to be invisible to others in this Group you will be able to update your anonymity settings in the Group accordingly at any time. You may choose to leave, join or re-join any Group at any time provided this meets the Administrator of that specific Group’s permission settings. The purpose of joining your Member Account to the worldwide Group of all Members is to demonstrate how you may create, join and participate in Groups with other Members to further your personalised experience of the Service. In addition, when you complete the installation of Software and registration of your Member Account, we reserve the right to automatically add your Member Account to an Individual Duel with a “dummy user” of Scooch. Only you would be able to view this Duel. You can leave future occurrences of any Duels at any time you wish. The purpose of creating such an Individual Duel is to demonstrate how you can create challenges with other participants.
Linking your Member Account to Sponsor Accounts
A primary function of the Service is to connect consenting Members to Sponsors offering Rewards based on their physical movement. By joining a Group with an associated Reward you will be deemed to be explicitly consenting to share your Scooch Points data with the primary sponsoring Administrator of that Group in order that any associated Group Reward plan can be executed properly. Your PPI Data will not be provided to a Sponsor except where the Sponsor is your Employer, where you have voluntarily verified your Work Email Address and in so doing consented to your Employer being provided with your name when you are eligible to be paid for a specific completed Reward that requires your Member Account to be identified in order to execute the Reward outcome (for example a pension bonus paid from the Employer to your pension account). If you wish to opt out of that explicit consenting relationship you must leave the given Group immediately. When you leave a Group with an associated Reward, the sponsoring Administrator of the Sponsor Account will no longer have access to your Scooch Points data as you will have been deemed to have opted out of that Group and any associated Group Rewards, including those that have already accrued.
When you link your Member Account to an Employer Account
When you provide your Work Email Address and verify it to your Member Account either during registration or at any time thereafter, you consent to: (i) be admitted to a Work Group to which all other Members with verified Work Email Addresses to a shared Employer have also be admitted; and (ii) be placed into other Work Groups managed by your sponsoring Employer Group Administrator in the App as and when your Employer registers for an Employer Account, where your Member Avatar will be visible unless you elect to make your Member Avatar invisible at a later time in any given Work Group; and (iii) participate and be eligible to win Rewards set out by Scooch Point goals designated by your Employer as and when your Employer registers an Employer Account; and (iv) sharing your Scooch Points with your sponsoring Employer Administrator as and when your Employer registers an Employer Account; where your data will be handled in a manner so as not to be personally identifiable as relating to you (unless it is explicitly stated in a specific Reward, where even in such a circumstance only a very limited amount of PPI Data will only ever be provided to your Employer as a condition of the specific Reward on offer because it requires a unique identifier to execute such as a payroll identifier to pay an Employer funded pension). If you wish to opt out of only a given Work Group Reward then you can simply leave that Work Group. If you wish to entirely opt out of any Rewards offered by an Employer Account, you must delete your Work Email Address from your Member Account upon which you will no longer be qualified to earn any Employer Rewards. If you wish to participate in certain Employer Rewards but not others then you must request your Employer to update the Reward settings for the Employer Account to remove your Member Account from such Rewards.
Automatic participation in Charity Reward campaigns for Sponsors
By registering a Member Account you consent that Scooch reserves the right to enrol your Member Account to Groups offering a Reward to a Charity from a checked and registered Sponsor Account other than your Employer, so that you can lend your Scooch Points to the campaign for the specified period to support a given cause conditionally supplied by the given Sponsor. In such an instance none of your PPI Data will be shared with the Charity or Sponsor. If you choose to set your Member Avatar to be anonymous in such a Group then any Member of that Group will not be able to view your Member Avatar. For the avoidance of doubt, your visible Member Avatar in a Group is simply your registered first and last name plus image but never your contact details. Should you desire not to participate in any given charitable campaign you will be able to simply leave the Group to which you were enrolled for the purpose of lending your Scooch Points to gain benefit for that specific Reward.
Protecting your PPI Data and movement data for eligible Rewards
Scooch will only enable a Sponsor Account to understand if your Scooch Points made you (or a Group you are part of) eligible for winning a periodic Reward. We do not relay your movement data with your PPI Data to enable any Sponsor to know how, when or where you earned your Scooch Points unless: (i) acting in good faith, there is sufficient evidence to warrant an investigation into alleged fraudulent activity; or (ii) you explicitly consent to allow an Employer Administrator access to your name for the purposes of paying an Employer funded Reward to you as an individual (such as a pension), but only to provide confirmation to your Employer that you individually fulfilled the goal of the Reward to trigger the execution of that individual Reward (not your Scooch Points tally or how those Scooch Points were made).
Creating Groups, Member Avatar anonymity in the Group and inviting participants to join the Group
When you create a Personal Group or Work Group and invite participants to join that Group, the assumption is that you and the actively joining qualifying Members wish to share their Scooch Points and Member Avatars with the Members of the entire Group because all the Members are purposefully and willingly volunteering to participate in the Group. Any Member of any Group Member can choose to set their Member Avatar to be anonymous or leave any Group entirely at any time they wish. When creating a new Group, you will be made the sole Administrator of that Group. Only the Administrator will have the ability to: (i) admit Members in to the Group or eject Members out of the Group; and (ii) manage the Group’s settings. You may elect to create the Group to be: (a) a Personal Group or a Work Group (if you have verified a valid Work Email Address); and (b) a Private Group or non-private Group. A Work Group will require any Members joining that Work Group to have a verified Work Email Address from a shared Employer to be able to qualify to join. Members without a verified Work Email Address from a shared Employer will not be qualify to join the Work Group. Your Employer reserves the right to take control of any Work Group as and when your Employer registers an Employer Account. Should you wish to avoid any instance of your Employer taking control of your Group then you must not create a Work Group and instead create a Personal Group. A Private Group will require a Request from a qualifying Member to join the Group in question and only you as the sole Administrator of the Group will have the ability to invite other participants to that Group in the App. If you elect to make the Group non-private then any qualifying Member can join without a Request and any participating Group Member can invite other participants to the Group in the App. When you are able to invite others to a Group and have executed such an invitation, there will be an invitation mechanism for you to share with other participants. You can expire or extend this invite to more participants in the invites section of the App at any time.
Configuring an existing Group’s privacy settings
Once a Group has been created, the Administrator of the Group can further configure the Group’s privacy settings. The privacy settings for a Group are found in the Group settings. At any time the Administrator can elect to: (i) make a Group a Private Group or non-private Group; and (ii) visible or invisible to other Members in the App searching to join Groups; and (iii) make the Group Avatar visible in join Duel searches to other qualifying Administrators; and (iv) auto-accept Group Duel Requests made by other Administrators of qualifying Groups initiating a Group Duel Request in the App. An Administrator will not be able to alter a Personal Group to be a Work Group or vice versa once the Group has been created. A Member of a Group that is not an Administrator is able to view these settings but is unable to make alterations to these Group privacy settings. However if you created a Work Group then you acknowledge that your Employer reserves the right to take control of any Work Group as and when your Employer registers an Employer Account.
Your Member Avatar anonymity in the App when joining Groups
When you actively and voluntarily join any Group for which you qualify to join in the App, the assumption is that you wish to share your Member Avatar and Scooch Points with that Group. You can choose to set your Member Avatar to be anonymous or visible in any Group in which you participate at any time. You can choose to leave any Group in which you participate at any time.
Joining qualifying Groups
In order to join a Work Group you must have verified your Work Email Address for an Employer associated with that Work Group to qualify to join. In the App you will only be able to have visibility to join Personal Groups or qualifying Work Groups (to which your verified Work Email Address is associated) where these Groups are configured by the Administrator as being visible in join Group searches. You will not have visibility of Personal Groups that elect not to be visible in join Group searches or Work Groups of Employers to which your verified Work Email Address is not associated regardless of these Groups’ visibility settings in join Group searches. If you attempt to join a Private Group to which you may qualify either in the App or from an invite provided outside of the App, then as a registered Member you will need to submit a Request to the Administrator of the Private Group to join. Only when the Administrator accepts your qualifying Request will you be admitted in to participate in the given Private Group. If you attempt to join a qualifying non-private Group either from within the App or from an invite outside of the App, then you will not be required to submit a Request to the Administrator and you will be admitted immediately into that Group.
Your Member Avatar privacy settings in Groups
You can control the visibility of your Member Avatar to other Members in any given Group. You may elect to make your Member Avatar anonymous to other Members in any given Group. You acknowledge and understand that by making your Member Avatar visible in a Group that it is possible that your name and image may be posted in a Group format view outside of the App (for example but not limited to social media) by another Member of that Group. Should you wish to avoid the possibility of this event occurring then you must keep your Member Avatar anonymous in all Groups.
When you invite participants to join a Group to which you belong
Only the Administrator of a Private Group has the ability to initiate invites to other participants to the Private Group in the App. Any admitted and participating Members of a non-private Group has the ability to invite other participants to the Group in the App.
Employer Account rights to your Work Group’s visibility settings
If you create a Work Group through the use of your Work Email Address, you acknowledge that your Employer reserves the right to take control this Work Group or even terminate the Work Group as and when your Employer registers an Employer Account. Should you wish to avoid any instance of your Employer taking control of or terminating a Group you wish to create, then you must not create a Work Group and instead create a Personal Group. For the avoidance of doubt, if your Employer does not wish to terminate a Work Group that you are an Administrator for, you will still continue to be the Administrator of that Group but your Employer reserves the right to manage the Group settings as your Employer sees fit.
When you create Duels
Any Member can create an Individual Duel. Only an Administrator of a Group can create a Group Duel. The assumption for all Duels is that you and the opponent Member or your Group and the opponent Group as an aggregate wish to share your or the collective average eligible Group’s respective Scooch Points with the opposing Member or opposing Group. When you create an Individual Duel acting as a Member: (i) where you elect to have auto-accept Duel Requests off then any other Member wishing to commence a Duel with you will be required to send you a Request to Duel that you will then need to approve before the Individual Duel can commence; else (ii) where you elect to have auto-accept Duel Requests on then any other Member wishing to commence a Duel with you will be able to do so immediately without the requirement to send you a Request. When you create a Group Duel acting as an Administrator to a given Group: (i) where you elect to have this Group have auto-accept Duel Requests set to off then any other Administrator to other Groups wishing to commence a Group Duel with your Group will be required to send a Request to Duel to you to approve before the Group Duel can commence; else (ii) where you elect to have this group have auto-accept Duel Requests set to on then any other Member wishing to commence a Duel with your Group will be able to do so immediately without the requirement to send you a Request. You may choose to cancel any future recurring weekly Individual Duels or Group Duels involving a Group for which you are an Administrator at any time you wish. However, any Duel that is in motion for a given week cannot be terminated in the then-current week. Instead future week occurrences of that Duel will be cancelled. When you create a Duel, there will be an invitation mechanism for you to share with other participants. You can expire or extend this invite to more participants in the invites section of the App at any time.
When you join Duels
When you actively join an Individual Duel or Group Duel for a Group of which you are the Administrator, the assumption is that you or your Group as an aggregate wish to share your or the collective average eligible Group’s respective Scooch Points with the opposing Member or Group. If you attempt to join an Individual Duel where the potential opponent has auto-accept Duel Requests set to off or if you attempt to join a Group Duel as an Administrator where the potential opponent Group has auto-accept Duel Requests set to off, your Request to Duel will need to be approved from an opponent Member or Group Administrator. If you attempt to join an Individual Duel where the potential opponent has auto-accept Duel Requests set to on, or if you attempt to join a Group Duel as an Administrator where the potential opponent Group has auto-accept Duel Requests set to on, you will not be required to submit a Request and the Duel will form immediately. You may choose to cancel any future recurring weekly Individual Duels or Group Duels involving a Group for which you are an Administrator at any time you wish. However, any Duel that is in motion in the then-current week cannot be terminated, only future week occurrences of that Duel will be cancelled.
Privacy for your Member Avatar and Scooch Points for Individual Duels
You acknowledge and understand that by engaging in an Individual Duel with an opponent Member that it is possible that your Member Avatar with your Scooch Points for the active Duel period may be posted in a viewable format outside of the App (for example but not limited to social media platforms) by the opponent Member or yourself. Should you wish to avoid the possibility of your Member Avatar and Scooch Points being viewable to others, then you must not engage in any Individual Duel.
Your information in Group Duels
In a Group Duel no single Member’s Scooch Points or Member Avatars are identifiable, only the Members’ collective Group average eligible Scooch Points and Group Avatar. You can choose to exit from participating in a Group Duel by leaving that Group at any time you wish.
Your Member Avatar privacy settings for Individual Duel searches in the App
You can control the visibility of your Member Avatar to any Members searching for other Members to Duel with in the App through your privacy setting preferences in the profile area of your Member Account. You may elect to be visible to other Members performing a search in the join Duel function or you may elect to not be visible to searching Members in the App. This preference will not restrict others from sending you an invite to Duel with them in the System where that invite is sent outside of the App, for example where a Duel is created in the App but the invitation is sent by email or SMS text. Invites to Duel sent externally from the App by Members are entirely controlled by the Duel creating party. These invites sent to you out of the App will never appear as Requests in your Member Account so if you do not wish to join the given Duel you can simply ignore the external invitation sent to you outside of the App.
Auto-accepting Individual Duel or Individual Duel Requests
In the profile section of the App in the privacy tab, you may elect to auto-accept Duel Requests from other Members. When you auto-accept Duel Requests in your profile privacy settings, Scooch will automatically accept any inbound Requests sent to you from other Members to Duel with you when these invites are initiated in the App. If you select to have auto-accept Duel Requests set to off then any other Member will first need to send you a request before an Individual Duel can commence.
Your Group Avatar privacy settings for Group Duel searches in the App
As an Administrator of a Group you can control the visibility of the Group Avatar for any other Group Administrators search for Groups to Duel in the App. Visibility settings for your Group in join Duel searches are found in your Group's settings. You may elect for the Group Avatar to be visible to other Administrators of other Groups performing a search in the join Duel function or you may elect for your Group Avatar not to be visible to searching Group Administrators in the App.
Auto-accepting Group Duel Requests
You may elect to auto-accept Group Duel Requests from other Groups in the Group settings of each Group for which you an Administrator. When you auto-accept Group Duel Requests, Scooch will automatically accept any inbound Requests from other Groups to Duel with your given Group. If you select to have your Group's auto-accept Duel Requests set to off then any other Group Administrators will first need to send you a request before a Group Duel can commence.
When you add information to your Member Account
You can manually log movement data that may not be tracked by a third party source, you are electing to share information with Scooch. Whenever you add this type of data, we collect it and store it with your other information. When you log this data you agree to do so accurately and honestly and consent never to fraudulently log physical movement that you have not conducted specifically to enable you or a Group you participate in to win a Reward. Note that not all Rewards will enable logged movement data that is not tracked by a Device to qualify as eligible Scooch Points towards the specific Reward goal specified.
When you contact us for help
When you contact us for help, we typically collect your name and a Personal Email Address or Work Email Address along with the information that you provide in your request and store this information in on our servers in order to provide you with customer service. Should you contact Scooch through public forums such as Twitter or Facebook then we cannot maintain the privacy of your communication with us through these channels.
Your rights over your data
You have the right, at any time, to know whether your PPI Data has been stored and can consult our Data Protection Officer to learn about the contents and origin of your information, to verify the accuracy of this information or to ask for this information to be supplemented, cancelled, updated or corrected, or for it to be transformed into an anonymous format. You can consult our Data Protection Officer to block any information held in violation of the law, as well as to oppose the treatment of your information for any and all legitimate reasons. Please refer to the Subject Access Request section below for further details.
How We Use Your Data
Our mission is to get you physically moving to a level that medical research suggests should lower the chances of an array of potentially preventable illnesses and improve the quality of your life. We use information collected through the Service to: (i) provide you with the best experience we can provide; (ii) to help keep you achieving healthy levels of on-going daily movement; (iii) to identify trends and motivating factors that can be used to help others lead healthier lives through their physical movement; (iv) to improve the Service; and (v) to protect Scooch.
- Your Scooch Points for a given period may enable you to win eligible Rewards from an eligible Sponsor if you have consented to participate and completed the goals and conditions specified for a given Reward.
- Your height, weight, gender and age are used to estimate your specific calorie burn through each day.
- Where we are able to receive continuous movement data throughout a period of time (such as a workout) from a third party source, you are able to be awarded more accurate Scooch Points based on the intensity of your movement using principles of intensity training.
- Contact information is used to send you notifications from Scooch to keep you moving to a healthy level, to connect you to eligible Sponsors offering real world or digital Rewards.
- Your data is used in an anonymised format to help understand and improve the Service.
- Anonymised information may be used to help further academic research and scientific studies for societal good and/or medical advancement.
How We Safeguard Your Data
Data that you direct us to share
Data that you share as part of a Group competition or Reward
Opt-out choices for emails
You may opt-out of promotional emails from us by selecting the unsubscribe instructions in the emails you receive. You may also set up your push notification preferences in the App to handle how you wish to receive push notifications from us. If you opt-out of certain promotional emails, we may still send you non-marketing emails including emails about your Member Account and our business dealings with you.
Subject Access Request
Subject Access Requests should be made by email to firstname.lastname@example.org with the title “Subject Access Request” followed by your full name and addressed to our Data Protection Officer. Scooch reserves the right to charge a reasonable fee per Subject Access Request upon which Scooch shall aim to provide the relevant information within 30 days. The Data Protection Officer will always verify the identity of anyone making a Subject Access Request before exchanging any information.
Deactivating your Member Account and removing PPI Data through a Termination Request or an Abandoned Member Account
You have the right to to obtain and reuse your data for your own purposes across other services. Scooch aggregates data for other movement applications that originate movement data. If you wish to access the raw data you should obtain the raw movement data from these input sources. We are working towards enabling a function in the App to re-export your movement data by email. Whilst this is under development, you may request to obtain your data by sending an email to email@example.com with the title "Exporting My Data" followed by your full name and addressed to our Data Protection Officer.
Restricting or Limiting Data Use
You have the right to request the restriction or suppression of your personal data. To do so please send an email to firstname.lastname@example.org with the title "Limiting Data Use" followed by your full name and addressed to our Data Protection Officer.
13 October 2019
You confirm that you are using the Service for its intended purpose only. If you are registering a Member Account or using the Service on behalf of a third party organisation or other entity, you confirm that you have the authority to bind that entity by your actions.
Content found on our Sites or our Apps or through the Service is for informational purposes only and is not intended to replace any relationship you might have between you and your physician or medical officer. We do not represent to be a licensed medical care provider nor do we represent to be able to diagnose, examine or treat medical conditions of any kind, or indeed be able to determine the effect of any specific human physical movement on a given medical condition. You should always consult a physician or medical or nutritional expert before engaging in a fitness plan, a change to your diet or if you have any questions regarding a medical condition. Scooch merely attempts to provide you with a visualisation of performance for the human physical movements you are willing and able to engage in. Not all human physical movement activities are suitable for everyone. You should understand that participating in any form of human physical movement could carry the possible risk of physical injury and/or death. If you think you have a medical emergency please notify the emergency services and seek medical attention immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. Medical research suggests over exercising can have negative impacts on your health. Therefore you engage in any attempts to surpass the Scooch Points score required to achieve Scooch’s highest rank at your own risk. People who have Type 1 diabetes or other adverse medical or nutritional conditions should not use the Service unless a physician directly and closely monitors such use. By using the Service you represent that you have received all relevant consents to participate in using Apps, Groups, Duels and human physical movements that are trackable by third party Devices or available activities to log in our App.
You acknowledge and agree that Scooch is not responsible for any health problems that may result from human physical movements you engage in and automatically relay through a third party Devices or Apps or manually log via our App to the Service. If you engage in any human physical movement, workout plans or other activities that you may learn about through the Service, you agree to voluntarily participate at your own risk.
Whilst we try to provide helpful and accurate information through the Service, we make no endorsements, representations or warranties of any kind on information, products, services (be it third party or otherwise) you receive from us or third parties featured on or contributing content to the Service. You rely on the information and any data passed from third party wearable Devices or software applications as well as the Service solely at your own risk. Furthermore you acknowledge and understand that human physical movement tracking is an estimate and cannot be construed as an exact measure due to a number of factors that cannot necessarily be precisely quantified or controlled.
You represent that the information that you provide about yourself in your Member Account or on third party software applications that relay information to Scooch is accurate and complete. You agree to update your Member Account information as necessary including maintaining at least one active Personal Email Address or Work Email Address so that you may receive notifications and other Member Account specific communications from us.
Subject to your privacy settings with the Service, you hereby grant to Scooch a perpetual, irrevocable, sole, worldwide, royalty-free licence, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any User Generated Content in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. User Generated Content includes but is not limited to content posted on message board posts, blogs, journal submissions and User comments. Subject to Scooch’s adherence to your privacy configuration with the Service, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Scooch’s use of the User Generated Content or require permission for Scooch to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract or other legal theory, against Scooch or its sub-licensees relating to Scooch’s or its sub-licensees’ use of the User Generated Content in accordance with your privacy settings, and you hereby release Scooch and its sub-licensees from any such claims. You warrant and represent that your User Generated Content: (i) will not infringe any third party’s copyright, patents, trademarks, trade secrets or other proprietary rights; (ii) will not violate any law, statute, ordinance or regulation; (iii) will not be obscene or contain child pornography, or any other immoral or illegal content; (iv) will not contain any viruses, worms, time bombs or other computing programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (v) will not violate any third party’s rights of publicity or privacy; and (vi) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. For the avoidance of doubt, you are wholly responsible for complying with all laws applicable to your User Generated Content.
It is your responsibility to maintain the confidentiality of your login information to the Service. If you suspect your login information may have been breached you must reset your password to ensure the security of your Member Account. You shall be deemed to be responsible for all uses of your login information, whether or not the access to your Member Account was authorised or not by you. You agree to immediately notify us of any unauthorised use of your login information.
Scooch cannot and will not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Member Account or for any third party’s fraudulent use or misuse of information submitted by you or for you through your Member Account.
Restrictions and Intellectual Property Rights
You agree not to develop an internet-based system, software or process that competes directly or indirectly with the Service or Scooch. You acknowledge and agree that our System contains copyrighted material, trade secrets and other proprietary intellectual property. You shall not attempt to copy, modify, translate, rent, lease, lend, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, distribute or sell all or any portion of or rights to the System in any form or media or by any means or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the System. You may not remove any proprietary notices, trademarks or identifiable markers of our System to the extent you have access to them. Furthermore, you agree not to encourage or assist others to copy, modify, translate, rent, lease, lend, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, distribute or sell all or any portion of or rights to the System in any form or media or by any means or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the System or remove any proprietary notices, trademarks or identifiable markers of our System to the extent you or others have access to them.
Movement tracking and activity logging rules
You acknowledge and accept that the benefit of the outcome for a Reward may be for either: (i) you individually; or (ii) a given Group’s collective benefit; or (iii) the benefit of a separate third party. Details of each Reward, including the beneficiary, are detailed in the App in the Reward’s info and notes section.
You acknowledge and accept that Scooch is not liable for any Rewards offered from any Sponsors in the App. The Sponsors shall be solely responsible for their Reward schemes operated via their Sponsor Account and Scooch shall have no liability arising from the administration of any schemes offered by the Sponsor to a Member. Further details of the terms of a Reward can be found in the App in the notes of that given Reward.
Scooch makes no representation that is has any affiliation or partnership with any Charities listed in the App that may be potential beneficiaries of eligible Rewards allocated to Charities. For the avoidance of doubt, Scooch simply acts as an agent to pay any charitable sums due from a Sponsor to nominated Charities where this requirement is requested from the Sponsor to Scooch. We ensure the entire sums of any monies donated to Charities from any Sponsor are transferred to each Charity in full without any deductions whatsoever.
There may be Rewards offered to you that involve an element of luck to win the outcome of the Reward. In these scenarios Scooch will never require an entry fee to participate in the Reward and these Rewards will be deemed as free prize draws based on an element of skill to perform a qualifying level of movement to be eligible to potentially win the outcome of the Reward. If you do not wish to participate in such Rewards you must leave the Group to which the Reward applies. If a skill based free prize draw Reward is offered by your Employer that you wish to opt out, you must request to be removed from the given Reward from the Employer Account or you may delete your Work Email Address to remove yourself from all Employer sponsored Rewards.
Third party sharing platforms, websites and mobile applications
Third party open source software
You agree that any information posted by you in the App or on third party platforms shall not: (i) infringe or violate the rights of any other party; (ii) violate any laws; (iii) contribute to or encourage infringing of otherwise unlawful conduct; or (iv) be obscene, objectionable, or be in poor taste. You agree to have obtained all necessary rights and licences to allow posting of any content to third parties. If you feel that any information posted on the Service infringes your copyright or other intellectual property rights you agree to notify us.
We may temporarily or permanently change or discontinue any feature, function or portion of the Service at any time without notice. We retain the right to suspend, delete specific Groups, Duels, Rewards, Member Accounts, Sponsor Accounts and listed Charities in the Service at any time without notice. We may, at the request of a Sponsor or at our sole discretion, remove their sponsorship of your Member Account resulting in removing your eligibility for a previously offered Reward. You acknowledge and agree that Scooch shall not be liable to you or any third party for any modification, suspension or discontinuance or any aspect of the Service.
To the fullest extent permitted by law: (i) the Service is provided by us and our affiliates “as is”; (ii) we and our partners, suppliers and affiliates make no representations or warranties of any kind, express or implied, as to the operation of the Site or Apps or their contents; (iii) we and our partners disclaim all warranties with respect to the Site and Apps, express or implied, including but not limited to the implied warranties of merchantability, title fitness for a particular purpose and non-infringement; (iv) we do not warrant that: (a) the use of the Service will be uninterrupted or error-free; (b) that any of our Software or content defects will be rectified; (c) the Service will be available at any time or from any particular location; (d) that the Service is secure or free from viruses or other potentially harmful components, loss corruption, attack, interference, hacking or other security intrusion; (v) you expressly agree that your use of, or inability to use, the Service is at your sole risk; (vi) you acknowledge and agree that we may remove or suspend the Service for indefinite periods of time for maintenance purposes; and (vii) you acknowledge that our continued provision of the Service relies on the general operation of the internet and world wide web and certain factors necessary for the continuous operation of the internet and world wide web that are beyond our control.
Limitation of liability
To the fullest extent permitted by law and subject to the governing law in your location, in no circumstance will we be liable for direct, indirect incidental, punitive or consequential damages (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use, or inability to use, or the results of use of the Sites or Apps, whether such damages are based on warrant, contract, tort or any other legal theory and whether or not we have been advised of the possibility of such damage. Our aggregate liability arising from or relating to the Service (regardless of the form of action or claim) will be limited to the sum of money paid by you to us for the Service supplied. Nothing in this agreement shall exclude either party's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods & Services Act 1982 or any other liability which may not be excluded by law.
Scooch’s trademark(s) my not be used by any person or entity, whether that entity or person holds an agreement of any sort in connection with the Service, without our express written permission. Without prior written authorisation you or any entity to which you are connected is granted no right or licence to our trademark(s).
Abandoned Member Account means a Member Account that has not received any movement data in 12 months.
Administrator means a Member of a Group that controls that specific Group’s settings.
Android means Google’s mobile operating system.
App (individually an “App” and collectively the “Apps”) means Scooch’s mobile application for iOS and Android.
Charities (individually a “Charity”) means an organisation registered with charitable status in the organisation’s given jurisdiction that is set up to provide help and/or raise money for those in need.
Cookies means text files that are sent by servers to web browsers and stored on a User’s computer.
Data Controller means Scooch, the organisation that determines the purposes for which and the manner in which your information (including PPI Data) is (or is to be) processed.
Data Processor means any person other than an employee of Scooch who processes PPI Data on behalf of Scooch.
Data Protection Officer means the elected person at the Data Controller who oversees the data protection responsibilities within the organisation to ensure compliance with GDPR.
Devices (individually a “Device”) mean a smartphone or wearable activity tracker typically comprising of one or more motion sensors for the purpose of monitoring human physical movement.
Duel means a head-to-head contest between two entities in the App (namely two Members or two Groups) for a given period using each entity’s Scooch Points or average Scooch Points against the other entity to determine which entity is winning or has won the contest.
Employer means an organisation with which a User maintains a contractor or employment relationship.
Employer Account means a Sponsor Account registered and maintained by an Employer that offers and conditionally supplies a Reward to a Member or Group of Members through the Service.
GDPR means the General Data Protection Regulation, European privacy law that came into effect in May 2018. It defines the ways in which PPI Data may be legally used and handled, where the intent is to protect individuals against misuse of information about them.
Group means an entity in the App consisting of Members.
Group Avatar means the display of a Group’s name and Group’s image.
Group Duel means a Duel between two Groups.
Individual Duel means a Duel between two Members.
iOS means Apple’s mobile operating system.
Member (individually a “Member” and collectively “Members”) means any User that registers a Member Account with Scooch.
Member Account means a User’s Scooch account that was completed by the User registering certain personal information.
Member Avatar means the display of a Member’s name and Member’s image.
Personal Email Address means a private email address that is owned by a User, not owned by an Employer.
Personal Group means a Group comprised of any Members, where there is no requirement on any participating or joining Member to have a Work Email Address verified to a common Employer.
Points mean the common unit of measurement the Service uses to convey completion of a specific amount of physical movement (regardless of the type of movement conducted). One Point amounts approximately to one percent of a recommended amount of daily physical movement for an individual.
PPI Data means private personally identifiable data that contains at least one piece of information that serves as a personal identifier that can be reasonably be linked back to a User such as a User’s name or Personal Email Address.
Private Group means a Group that requires the consent of the Administrator to admit a Member that sends a Request to join the Group and where only the Administrator has the ability to directly invite participants to the Group through the App.
Request means a consent referring to either a Private Group or Individual Duel or Group Duel where either: (i) a Member asks for the consent of an Administrator to participate in a specific Private Group; or (ii) a Member asks for the consent of a specific potential opponent Member to participate in an Individual Duel where the potential opponent Member has auto-accept Duel Requests set to off; or (iii) an Administrator of a Group asks for the consent of a specific potential opponent Group Administrator to participate in a Group Duel with the other Group where the potential opponent group has auto-accept Duel Requests set to off.
Reward means a real world or digital outcome (be it monetary or non-monetary) offered and conditionally supplied by a Sponsor through the Service, designed and specified either for a given Member or Group where that outcome is executed as a result of completing a specific goal (as determined by the given rules set out by the Sponsor) based on a Member’s or Group’s combined movement data.
Scooch means Scooch Limited a company incorporated in England and Wales (Company Number 09552830) also referred to herein as “We”, “Our” or “Us”.
Service means the Scooch Sites, Software and Apps collectively.
Sites (individually a “Site” and collectively “Sites”) mean our webpages primarily located at www.scooch.co.
Software means the programs and other operating information used by Scooch’s computing systems.
Sponsor means an entity (including but not limited to a given User’s Employer) that registers a Sponsor Account with Scooch, where that entity offers and conditionally supplies a Reward to a Member or Group of Members through the Service.
Sponsor Account means a Sponsor’s account that was registered using certain organisational information.
Subject Access Request means the action of any individual executing their right to ask to see the information that Scooch holds about them.
Termination Request means the action of a Member executing their right to close their Member Account and have their PPI Data removed from the Service.
User means “You” who is accessing a component of the Service.
User Generated Content means any text, images, logged movement data or other information that a User submits to the Service.
Work Email Address means the email address of a User that contains the domain run and maintained by that User’s Employer.
Work Group means a Group comprised of any Members with a verified Work Email Address registered to their Member Account that belongs to a common Employer (regardless of whether that Employer is participating as a Sponsor with a registered Employer Account).