Privacy PoliCY

Arckit Limited (we) are committed to protecting and respecting your privacy.

 

 

SCOPE OF POLICY

 

This policy (together with our end-user licence agreement as set out at http://lavaar.co.uk/policies.html (EULA) and any additional terms of use incorporated by reference into the EULA, together our Terms of Use) applies to your use of:

Lava AR mobile application software (App) hosted on appstore.com (App Site), once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device).

Any of the services accessible through the App (Services) that are available on the App Site, unless the EULA states that a separate privacy policy applies to a particular Service, in which case that privacy policy only applies.

 

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

 

For the purpose of the Data Protection Act 1998, the data controller is Arckit Limited of Orchard View, Trevenson Road, Newquay, Cornwall, United Kingdom, TR7 3BW.

 

 

INFORMATION WE COLLECT FROM YOU

 

We will collect and process the following data about you:

Information you give us (Submitted information): This is information you give us about you by filling in forms on the App Site and our website lavaar.co.uk, or by corresponding with us (for example, by e-mail, contact form or chat) and when you report a problem with an App or our Services. If you contact us, we will keep a record of that correspondence for as long as is reasonably necessary to resolve your query. The information you give us may include your name and e-mail address.

Cookies

 

We do not use cookies. If we do seek to use cookies in future to help us to provide you with a good experience when you use the App and to enable us to improve the App we will inform you.

Uses made of the information

We use Submitted Information held about you to respond to your query only.We do not disclose information about identifiable individuals to anyone.

 

Disclosure of your information

You agree that we have the right to disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.

 

We will disclose your personal information to third parties:

In the event that We sell or buy any business or assets, in which case We will disclose your personal data to the prospective seller or buyer of such business or assets.

 

If Arckit Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

If We are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.

 

In order to:

enforce or apply the EULA, or any of our Terms of Use (http://lavaar.co.uk/policies.html), and other agreements or to investigate potential breaches; or

protect the rights, property or safety of Arckit Limited our customers, or others.

 

This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

 

 

Where We store your personal data

 

The data that the App Store collects from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for the App Store or one of their suppliers. These staff may be engaged in the fulfilment of your request, order or reservation, the processing of your payment details and the provision of support services.

 

Please review the App Store’s privacy policy for further information.  By submitting your personal data, you agree to this transfer, storing or processing.

 

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

 

All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer (SSL) technology.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the App Store; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

 

Certain Services may include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.

 

 

Your rights

 

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.

 

You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by emailing - mail@lavaar.co.uk or by contacting us using the following form - http://lavaar.co.uk/#contact

 

Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or the Services are advertised).

 

If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data.

 

Please check these policies before you submit any personal data to these websites or use these services.

 

 

Access to information

 

The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act.

 

If you wish to access your data please contact us by emailing - mail@lavaar.co.uk or by contacting us using the following form - http://lavaar.co.uk/#contact and inform us of your wish to review or update or delete your data.

 

 

Changes to privacy policy

 

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you when you next start the App or log onto one our website. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services.

 

 

Contact

 

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to Arckit Limited by emailing - mail@lavaar.co.uk or by contacting us using the following form - http://lavaar.co.uk/#contact

END USER LICENcE AGREEMENT

PLEASE READ THESE LICENCE TERMS CAREFULLY

 

BY BUYING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE APP.

 

Who we are and what this agreement does;

 

We ARCKIT LIMITED of Orchard View, Trevenson Road, Newquay, Cornwall, United Kingdom, TR7 3BW license you to use Lava AR mobile application software (App) and when applicable any updates or supplements to it as permitted in these terms.

 

 

Your privacy

 

We only use any personal data we collect from you in the ways set out in our privacy policy http://lavaar.co.uk/policies.html.

 

Please be aware that internet transmissions are never completely private or secure and that  any message or information you send using the App or otherwise may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

apple appstores’ (the “Appstore”) terms also apply

 

The ways in which you can use the App may also be controlled by the Appstore’s rules and policies - https://www.apple.com/shop/help/policies the Appstore’s rules and policies will apply instead of these terms where there are differences between the two.

 

 

Operating system requirements

 

This app requires an Apple iPhone device from build 5SE onwards and the IOS II.0 operating system.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or have any problems using them please take a look at our support resources at lavaar.co.uk (the “Website”).

Contacting us (including with complaints). If you think the App is faulty or mis-described or wish to contact us for any other reason please contact our customer service team by emailing us at mail@lavaar.co.uk or by using the following contact form - http://lavaar.co.uk/#contact

How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us.

 

 

How you may use the App; including how many devices you may use it on

 

In return for your agreeing to comply with these terms you may download or stream a copy of the App your supported devices and view, use and display the App on such devices for your personal purposes only. In addition you may share the App in accordance with the rules set out in - https://support.apple.com/en-gb/HT201088

 

You must be 18 to accept these terms and buy the app

You must be 18 or over to accept these terms and buy the App.

You may not transfer the App to someone else

 

We are giving you personally the right to use the App as set out in the above clause "HOW YOU MAY USE THE APP". Whilst you may have sharing rights as set out above, you may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

 

 

Changes to these terms

 

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

 

We will give you at least 30 days notice of any change by sending you an SMS or email with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you will not be permitted to continue to use the App.

 

 

Update to the App

 

From time to time we may update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

 

If you choose not to install such updates you may not be able to continue using the App.

 

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

 

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so.

 

You will be responsible for complying with these terms, whether or not you own the phone or other device.

 

We may collect technical data about your device

We do not currently collect technical data about your device but may wish to do so in the future.

By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products.

 

 

We are not responsible for other websites you link to

 

The App or our Website may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

 

 

Licence restrictions

 

You agree that you will:

except in the course of permitted sharing (see "HOW YOU MAY USE THE APP” above.) not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;

not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;

 

not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

 

is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

is not used to create any software that is substantially similar in its expression to the App;

is kept secure; and

is used only for the Permitted Objective;

comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

 

 

Acceptable use restrictions

 

You must:

not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;

not infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by these terms);

not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;

not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running our Website.

 

 

Intellectual property rights

 

All intellectual property rights in the App and on our Website, throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Website other than the right to use them in accordance with these terms.

 

 

Our responsibility for loss or damage suffered by you

 

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

 

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

 

Limitations to the App

 

The App is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.

Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the Appstore site) meet your requirements.

 

We are not responsible for events outside our control. If our support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.

 

We may end your rights to use the App if you break these terms

We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

 

 

If we end your rights to use the App:

 

You must stop all activities authorised by these terms, including your use of the App.

You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

We may remotely access your devices and remove the App from them.

We may transfer this agreement to someone else.

We may transfer our rights and obligations under these terms to another organisation.

We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

 

 

No rights for third parties

 

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

 

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately.

If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

 

Which laws apply to this contract and where you may bring legal proceedings

 

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

 

Alternative dispute resolution

 

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.

 

You can submit a complaint to Centre for Effective Dispute Resolution (CEDR) via their Website at http://cedr.com/idrs or by email at applications@cedr.com.

 

In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

RULES & POLICIES

CONTACT INFO

 

+44 1637 499 445          mail@lavaar.co.uk

 

lavaar.co.uk

 

invisibleinc.

 

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so.

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LAVAAR