Terms of Service

Last updated: May 21st, 2023

Afrikindness (‘we’, ’our’, ’us’) operate the Afrikindness app (the ‘App’).

Afrikindness is a non-profit children’s charity organization working actively to provide an enabling environment for children and young adults to learn acts of kindness and inspire them to be kind through creative activities that make an impact in their communities.
We believe that the spread of kindness will, in our opinion, effectively battle the core causes of identity crises, bullying, mental health crises, and abuse in schools, in our society, and around the world. 

Our goal is to raise kindness ambassadors by helping children connect to their communities and inspire them to be kind and be a kindness advocate through our children-led projects and volunteering opportunities.

1. Use of service

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

The Service is intended solely for your personal use. Moreover, you represent and warrant that you will use the Service in compliance with any and all applicable laws and regulations. Use of the Service is unauthorised in any jurisdiction where the Service or any part of it may violate any laws or regulations. You agree not to access or use the Service in such jurisdictions.

You agree not to provide inaccurate, misleading or false information in connection with your use of the Service. If the information you have provided to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.

You are solely responsible for your use of the Service and for any costs you incur to access the Service through any Internet, wireless or other communication service, such as any fees for data usage on an Internet service provider’s or a wireless carrier’s network. Check with your carrier to determine the fees that apply.

2. Intellectual property

These Terms confer only the right to use the Service, while these Terms and the specified licenses are in effect, and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyrights, patents, trade secrets and other intellectual property rights in the Service will remain our sole property. Any services provided to you under these Terms, and other data or materials that are prepared in the performance of such services hereunder, and all right, title and interest in the foregoing, will belong to us or to third parties. We reserve all rights not expressly granted in these Terms.

You agree that the Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Service. No portion of the Service may be reproduced in any form or by any means.

Content in the App is the property of Afrikindness protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:

• you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
• you shall not use our name in metatags, keywords and/or hidden text;
• you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
• you shall use Our Content for lawful purposes only.

3. Modifications to these Terms of Use

From time to time, we may modify or amend these Terms. If we do so, we will post any such modifications or changes in the Service. When changes are made the “Last Updated” legend at the top of this page will be updated to show the date of the last change. Please review these Terms regularly to ensure that you are aware of any changes.

If you continue to use the Service following such a posting of changes, you accept any such change or modification. If you have any questions about these Terms please see our contact information on the last page of these Terms.

4. Accessing the App

The App is free and can be downloaded on to your mobile.

We do not guarantee that our App, or any content on it, will be free from errors or omissions. We do not guarantee that the App will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the App without notice. We will not be liable to you if for any reason the App is unavailable at any time or for any period.

You are responsible for ensuring that all persons who access the App on your mobile device are aware of these Terms and that they comply with them.

You can easily uninstall the App at any time by using the standard uninstall process available on your mobile device, or via your mobile application marketplace or network.

5.  Types of content

We want our parents to freely communicate on the App, but we have to impose restrictions on certain content that:

• contains language that could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
• is obscene, pornographic or otherwise may offend human dignity;
• is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
• encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
• is defamatory or libellous;
• relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
• involves the transmission of “junk” mail or “spam”;
• contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Parents or otherwise;
• itself, or the posting of which infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
• shows another person which was created or distributed without that person’s consent.

6. Third Party Material 

The Service may contain links to websites and content owned and/or operated by third parties. Such links and content are provided for informational purposes only. We are not responsible for any such third-party websites or content and do not have control over any materials made available therein. Our inclusion of a link to a third-party website or content in the Service does not in any way imply our endorsement, advertising, or promotion of such websites or content or any materials made available therein. By accessing a third-party website or content you accept that we do not exercise any control over such websites or content. We have no responsibility for such third-party websites or content. We encourage you to familiarize yourself with the terms of service applicable to any third-party website or content you may access.

We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party products, services, materials or websites. Please note that the applicable third party is fully responsible for all goods and services it provides to you and for any and all damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part.

7.Privacy

For information about how Parents collects, uses, and shares your personal data, please check out our Privacy Policy. By using the App, you agree that we can use such data in accordance with our Privacy Policy.

In addition to what is stated in the Privacy Policy, you agree to:

• Respect the privacy of other users;
• Not engage in unauthorised collection of users’ content or information, and/or not otherwise access the Service by automated means (including, but not limited to, so-called bots or scrapers) without an authorization from us;
• Not reveal any personal data related to another individual, including, but not limited to, a person’s address, phone number, email address, photograph, credit card number or any information that may otherwise be used to track, contact or impersonate another individual; and
• Not provide any false personal data to us or create any user account for anyone other than yourself without such person’s permission.

8. Governing Law and Jurisdiction

These Terms and Service are governed by the laws of the United Kingdom and all parties submit to the non-exclusive jurisdiction of the courts of this State.

8. Liability and losses

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE APP OR ANY CONTENT IN IT, WHETHER EXPRESS OR IMPLIED.

WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

USE OF, OR INABILITY TO USE, THE APP; OR

USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THE APP.

WE DO NOT PROMISE THAT THE APP WILL BE FREE FROM BUGS OR VIRUSES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ON ANY WEBSITE LINKED TO IT.

WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED TO WITHIN THE APP. SUCH LINKS SHOULD NOT BE INTERPRETED AS AN ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.

10. Contact

Please let us know if you have any questions, comments and requests regarding these Terms by emailing – hello@afrikindness.org

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Privacy Policy

INTRODUCTION

Afrikindness is a non-profit public-benefit organization with the primary aim of promoting acts of kindness amongst children and young adults, igniting a desire in them to make a positive impact in their communities.

Afrikindness respects the privacy of visitors to our website, especially children under the age of 13 and also teenagers and youths, the homepage of which is located at www.afrikindness.org.

This Privacy Policy is intended to inform you of our policies and to help you understand how we collect, use and protect every personal information that you submit to us through our website.

We are committed to protecting and using your personal information in accordance with our responsibilities. We will only use your information for the purpose for which it has been collected. We are required to provide you with the information in this data protection policy (“Privacy Policy”) under applicable law which includes (but is not limited to):

• the UK version of the General Data Protection Regulation (EU) 2016/679 which is part of UK law by virtue of the European Union Withdrawal Act 2018 (the “GDPR”), and the Data Protection Act 2018; and 
• the Privacy and Electronic Communications (EC Directive) Regulations 2003.

This Privacy Policy applies to the personal information of all individuals such as trustees, volunteers, third parties, suppliers/ anyone working for or on behalf of us, children, etc.

“Personal Information” is information that can identify a living person, for example, your name, address, email address, phone number, or Website user statistics.

Contact us

If you have any queries about our Privacy policy at any time, do not hesitate to contact us. If you wish to change your preferences (unsubscribe from our emails that you have previously opted into)  or exercise your data protection rights, please get in touch with our data protection team:

Email: info@afrikindness.com

Phone: 01924216521

Afrikindness will obtain, hold and process all personal data in accordance with the GDPR for the following lawful purposes. The information gathered are used to help us learn about your area of interests and also to tailor our services to your best interest

WHAT INFORMATION DO WE COLLECT?

Personal Information

For the purposes of this Policy, we currently collect and process the following personal information: –

• “Personal information” means any or all of the person’s: full name (including any preferences about how they like to be called); date of birth; age; full postal address; billing address; telephone and/or mobile number(s); e-mail address(es). This information may be provided through our website, via email, in paper form or verbally. You may provide such data to us when signing up for a newsletter, answering a survey, registering for our webinar/podcasts, making a donation or to complete a transaction, at Afrikindness event in schools or through general communications/queries with our volunteers and staff via phone or email.
• Your interests and preferences such as the type of activities you would like to be involved in, projects for children, company details or employer details or selecting campaign options you would like to be involved in. There are options to opt in and opt out of each interest areas and preferences.
• Volunteer and Staff data base such as details for a reference checks, emergency contact details etc. In order to be able to operate efficiently, effectively, and economically, it is in the legitimate interests of the Charity to hold such personal information on its volunteers and trustees as it will enable the Charity to communicate with its volunteers on matters relating to the operation of the charity.
• Personal data from your activities online with Afrikindness website or webapp could be collected. Examples of personal data generated by your activities on our website or through email newsletter are IP address logged when you visit our website. This is often analysed by Google Analytics service. This analytics helps us measure and keep a track of all the content that receives views and shares. With these analytics, we are better able to understand how people use our content and website and how we can further improve our site and services. There is an option to opt out of Google Analytics by downloading an add-on to your web browser.

Please read Google’s privacy policy here: https://policies.google.com/privacy

You can opt out using Google’s opt-out browser extension which can be accessed here: https://tools.google.com/dlpage/gaoptout/

Read MailChimps Privacy Policy for email newsletter here: https://mailchimp.com/legal/privacy/

• Our website uses local storage such as cookies. Cookies are small pieces of text sent to your browser by a website you visit. This helps us analyse the use of the website, help the website remember information about your visit, making it easier for you to navigate easily. Cookies can be disabled through the browser setting on your computer or mobile phone. Records of your support and involvement with Afrikindness are kept on our database (donating, attending an event etc) and this helps us provide better services to you.
• Information from third parties is often received when you make donation through platforms like GoFundme or JustGiving. We may also receive personal information from third party organisations, such as corporate partners, where you have provided consent for your personal details to be shared with Afrikindness. This may be as a result of a joint campaign, co-hosted event or a financial transaction. Other personal information maybe provided through your activity on our social media pages such as Facebook, Instagram, LinkedIn and Twitter. Please check the relevant websites to understand their privacy policies and to set your data preferences.

JustGiving privacy policy: https://www.justgiving.com/info/privacy-policy-versions/privacy-policy-v30

• Under no circumstance, the Charity will share with, sell, or otherwise make available any personal data to Third Parties except where it is necessary and unavoidable to do so in the pursuit of its charitable objects as authorized by the Data Controller of Afrikindness. Whenever possible, you will be informed in advance of the necessity to share your personal data with a Third Party in pursuit of Charity’s objects. Such situation or operations could be fraud investigations, Eventbrite management, software development, email delivery, marketing communications, bill collection, payment processing, and site analytics and operations. Before sharing personal data with a Third Party, Afrikindness will take all reasonable steps to verify that the Third Party is, itself, compliant with the provisions of the GDPR and get confirmation of such compliance in a written contract.

Eventbrite privacy policy: https://www.eventbrite.co.uk/support/articles/en_US/Troubleshooting/eventbrite-privacy-policy?lg=en_GB

• There are some exceptions where we may collect or store some specific personal data such as collect health related information on dietary allergies, or mobility-access requirements etc. This set of information may be required when you sign up to attend a physical event, an away-day, fundraising campaign, volunteering activities or strategy workshops.
• Records of accidents or incidents involving any of our staff, volunteers or at our events will also be collected and stored.
• If you are a volunteer with us through your organisation, or through a charity, charitable trust or foundation, we may keep a record of your personal details such as name, work-related information and signatures relating to contracts and agreements. In instances where we have a contract or partnership agreement with an organisation, it may be important for Afrikindness to process all these personal information to enable us carryout the contract and partnership requirements.

We may share your information with:

Afrikindness Volunteers and Staff so that they can support you and help in fulfilling our charity’s mission. We may share your information with Partners and Suppliers who work with us or on our behalf to deliver our services, but we will request your consent before we share any information. For example, we may share your information with our partners who help us to process donations and claim Gift Aid.

How do we use your information?

Afrikindness understand and accept their responsibility under GDPR to hold all personal data securely and use it only for legitimate purposes with your knowledge and approval. We understand the concerns of giving personal information online. By the following operational policies and procedures, Afrikindness undertake to uphold the principles and requirements of GDPR in a manner that is proportionate to the nature of the personal data being held by the Charity. We have security measures in place to protect against the loss, misuse and alteration or destruction of personal data under our control. Only authorised Data protection officers of Afrikindness are authorised to access files relating to personal data and this is decided by the Charity Trustees. All computers containing personal information are password-protected and we use technical measures to secure your data. We do not store information on paper files.

We use your personal data for the following: -.

• Administration

We may need to keep certain personal data to fulfil a transaction (such as a purchase or contract) or to manage an event

We will keep records of financial transactions, such as donations, and information such as Gift Aid instructions in order to comply with our financial responsibilities to HMRC (however we do not keep records of your payment details once the payment has been processed by Afrikindness)

Write to you or email you regarding a donation, membership, or product you have bought to confirm receipt of funds and to let you know about the impact of your donation. We will keep information that allows us to respect your choices and preferences. We will also notify you about changes to Afrikindness, the opportunities and services we offer. We use your information to help us carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us.

• Marketing

We often carryout fundraising activities to help us achieve our objectives. We may contact you as regards our events, activities etc and we will ensure that our activities are in line with your preferences and choices and that you are not receiving any information from us that you do not wish to. We just want you to know that you are always in control of your data.

We require your consent to send you emails that contain marketing and therefore we will only send these to you if you have specifically opted in to receive them by signing up to email newsletters via our website. Our email newsletters are sent using MailChimp. Our emails generally contain information such as news and updates about our events, work with children, work in Africa, parent updates and campaigns and news items relevant to children and young people.

You can change your email preferences at any time by contacting us or using the unsubscribe on each newsletter.

We may send you postal mailings if we consider this will be of interest to you and it is in the legitimate interest of the charity but we will ensure that any mailings are appropriate and proportionate, and you may opt out of receiving postal communications at any time by contacting us. We often send certificates and awards to children who participate in our competitions.

Our emails and/or postal mailings may occasionally contain information about our partners, or third-party products and services, but these communications will always come from Afrikindness and will be incorporated into our own marketing materials.

If you wish to change your preferences, please contact us via the contact details.

• Research and analysis

We may use your data to tailor our communications with you. By understanding your interests, we can tailor our updates and posts to what you would like to see. We also often carry out surveys to help our research work and we may request for you to participate in our surveys so we can better serve you. Also, to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.

How do we get your personal information?

• Donation through our website
• Subscription to Afrikindness newsletter.
• Enquires via email, phone or feedback, comments through our website.

What is our legal basis for processing data?

Afrikindness will obtain, hold and process all personal data in accordance with the GDPR for the following lawful purposes. In all cases, the information collected, held, and processed will include Contact Information (as defined above). We are allowed to use your personal information where it is in our interests to do so, and those interests are not outweighed by any potential prejudice to you. It is in the legitimate interests of the charity. Afrikindness’s legitimate interests include administration of the charity, keeping in touch with our supporter base, tailoring our communications, and sending out our e-newsletter.
We have a legal obligation. We have certain legal obligations to retain data, particularly relating to financial information.

How is your personal data stored?

We ensure that any personal data we collect that needs to be stored is kept securely. We control who has access to your information, follow data protection policies and procedures, and ensure our staff receive data protection training on at least an annual basis.

When your data is stored by us or our secure suppliers, we will always ensure that this is retained in accordance with the law.

How long do we keep your personal information?

Personal data shall not be retained for longer than the period for which you have consented to the Charity holding your data. The length of time your data is stored for depends on the purposes for which it was collected and recorded. We follow an internal policy to ensure that data no longer required or meeting the purposes of collection will be deleted.

Your data protection rights

You have the right to request a copy of your personal data that has been recorded by Afrikindness, to have your data kept up-to-date, and/or to request for it to be deleted (though this will not apply where it is necessary for us to continue to use the data for a lawful reason). If you would like to make any requests relating to your data, please contact us using the contact details above. Requests will be dealt with within 20 working days. If we have collected and processed your personal data with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal data conducted in reliance on lawful processing grounds other than consent.

You have the right to opt-out of the marketing communications we send you at any time. You can exercise this right by contacting us using the contact details above.

You have the right to complain to a data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority.

To find out more about your rights relating to your personal data please visit the Information Commissioner’s Office (ICO) website: https://ico.org.uk/for-the-public.

The ICO is the independent authority in the UK that oversees data protection regulation and upholds information rights.

By Consent 

We are allowed to use your personal information where you have specifically given your consent. Please note that it is essential in order for your consent to be valid that:

• You have to give us your consent freely and without anyone putting you under any pressure or duress;
• We have given you enough information to make an informed choice to give consent; and
• You need to take positive and affirmative action in giving us your consent. We may ask you to tick a box to give consent for the sake of clarity.

Where we have sought your consent, we will only process for the purposes we specified at the time you provided your consent for us to process your personal information. However, in the future we may wish to process your data for a different purpose so long as the new purpose is one you might reasonably expect and we will notify you of it beforehand, seeking fresh consent if required.

By submitting Personal Information through our Website, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information according to this Privacy Policy.

People under 16 years of age are not legally able to give consent. Therefore, we must get their parents/guardians’ permission before they provide any personal information to us.  Some people are unable or may be unable to give consent and therefore, consent will be obtained from the person who is able to make decisions on their behalf, such as a parent/guardian or lasting power of attorney.  Your Personal Information may be processed by Afrikindness in the country where it was collected as well as transferred to and processed in other countries (including the United States and Africa) where laws regarding processing of Personal Information may be less stringent than the laws in your country.

Your data protection rights

Under data protection law, you have rights including:

• Your right to be informed: When collecting personal information, the Charity will provide to the data subject free of charge, a Privacy Policy written in clear and plain language which is concise, transparent, intelligible, and easily accessible.
• Your rights of access – You have the right to ask us for copies of your personal information;
• Your right to correct or rectify – You have the right to ask us to rectify personal information you think is inaccurate or incomplete.
• Your right to withdraw consent:- Where we have obtained your consent to process your personal information for certain activities, you may withdraw all or part of your consent at any time and we will cease to carry out that particular activity unless we consider that there is an alternative lawful basis to justify our continued processing of your data for this purpose, in which case we will inform you of this condition.
• Your right to erasure – You have the right to ask us to erase your personal information in certain circumstances;
• Your right to restriction of processing – You have the right to ask us to restrict the processing of your personal information in certain circumstances;
• Your right to object to processing – You have the right to object to the processing of your personal information in certain circumstances;
• Your right to data portability – You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.

Keeping us informed

It is important for us and for you that we store the correct information about you. You can contact us if you need your information updated.

Changes to our Privacy Policy

Afrikindness will amend this Privacy Policy as necessary to ensure that it remains up-to-date and accurately reflects how and why we use your personal data. The current version of our Privacy Policy will always be found on our website.

Contact us on info@afrikindness.com

How to complain?

If you have any concerns about our use of your personal information, you can write  to us at info@afrikindness.com

You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:           

Information Commissioner’s Office,

• Wycliffe House, Water Lane, Wilmslow,
• Cheshire,
• SK9 5AF
• Helpline number: 0303 123 1113

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