The digi.me End User Terms below are in four parts:
- Part A: Definitions
- Part B: digi.me App Licence – this applies to you when you download and/or use the digi.me app
- Part C: digi.me Consent Contract Terms – these apply to you when you allow brands to invite you to allow them to access your data using the digi.me consent access system
- Part D: General Terms – these apply to you generally when you do either of the above or use any associated digi.me services
Before you read and agree to the digi.me End User Terms below, please read OUR MISSION, which provides you with the background to the digi.me End User Terms.
As human beings, we are all the sum of our experiences, but online we are defined by the personal data we scatter as we go about our lives. We believe that data belongs to you, that it is powerful and that it is valuable.
Our mission is to help you take back control of your data, by enabling you to get your personal data from all over the web, see it in ways you couldn’t before and then share it with brands using a clear consent structure.
Our app lets you bring all your data back together under your control in a secure personal library of your choice and do more with it, including choosing to share it with brands on a consent basis.
We want to be very clear: we never see, touch or hold user data, ever.
The digi.me End User Terms form a legally binding contract between you and digi.me in relation to your use of the digi.me End User Services.
By downloading and using the digi.me application you agree to the digi.me End User Terms in relation to your use of the digi.me End User Services. (Nothing in the digi.me End User Terms affects your statutory rights.)
1.1 In the digi.me End User Terms the following words and phrases have the stated meaning:
App Licence means Part B of the digi.me End User Terms and the licence granted under Part B.
Brand App means any application developed by or on behalf of a Brand which interacts with the digi.me App.
Brand means any person, business or organisation which has registered for the digi.me Business Services at Partners
Consent Request means a request by a Brand from a Brand App to the digi.me App for contractual consent from you to form a Consent Contract and allow the Brand to access your User Data on the terms set out in the request (which will include the Data Description, the Data Purposes, the Retained Data and Retained Period, the Shared Data, as well as the User Benefit the Brand is offering to provide and whether or not the Brand has turned on the Forget Me Function).
Consent Access System or CAS means the system which enables you to give consent to a Brand to access your User Data directly from your User Storage via a Brand App as described in the User Guide.
Consent Contract means a contract between you and a Brand under which you have accepted a Consent Request and consented to releasing the Released Data to the Brand on the basis outlined in the Consent Request.
Consent Receipt means a receipt in the digi.me App acknowledging that you have accepted a Consent Request and have formed a Consent Contract.
Contract Database means the database maintained by digi.me of all Consent Requests and ongoing and historical Consent Contracts.
Dashboard means the area in the digi.me App which lists your ongoing and historical Consent Contracts.
Data Description means the description by the Brand of the personal data being requested from you.
Data Purpose means the description by the Brand of the purpose(s) for which it will use the Released Data.
Data Sources means the data sources which can be synced to your User Storage using the digi.me App as described in the User Guide.
Digi.me App means the digi.me app for end users available at Get started.
Digi.me End User Services means the services provided by the digi.me App as described in the User Guide.
Digi.me End User Terms means together, all parts of these terms and conditions.
Digi.me means digi.me Limited (company number 6861219) whose registered office is at 7 Bower Road, Wrecclesham, Farnham, Surrey GU10 4ST.
Digi.me Site means the website at https://digi.me/.
Forget Me Function means the function in the digi.me App which allows you to send Forget Me Instructions.
Forget Me Instruction means your instruction from the digi.me App to the Brand to formally withdraw your consent to the use of the Retained Data and require the Brand to erase the Retained Data for that Consent Contract.
General Terms means part D of the digi.me End User Terms.
Intellectual Property Rights means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights.
Licence Period means the period from when you click “I accept” until the earlier of (a) you deleting the digi.me App, or (b) the digi.me End User Services terminating in accordance with the digi.me End User Terms.
Ongoing Consent Contract means an ongoing Consent Contract as identified in the Dashboard.
Released Data means that part of your User Data which you have consented to be released to a Brand under a Consent Contract as described in the Consent Contract.
Retained Data means the description by the Brand of which part of the Released Data it is going to keep and use again.
Retained Period means the description by the Brand of how long it is going to keep the Retained Data.
Right To Be Forgotten means (if applicable to a User under their local law) the right of a User to request the erasure of personal data relating to the User (unless there is legal reason to keep it).
Shared Data means the description by the Brand of which Released Data it is going to share with third parties, including with whom and for what purposes.
User Benefit means the description by the Brand of the benefit (convenience, service or reward) it is going to provide to you in return for you releasing the Released Data.
User Credentials means information such as username, password and other information that may be provided by you to digi.me on registration.
User Data means the collection of photos, text and other information downloaded, stored, accessed and/or released by you on your User Storage using the functionality of the digi.me App [or a Brand App].
User Device means any computer or device onto which the digi.me App has been installed by you.
User Guide means the user guide for the digi.me App at https://digi.me/support.
User Storage means the service or device upon which you store your User Data.
User Storage Provider means the provider of User Storage.
you and your means the person who has registered to use the digi.me End User Services under paragraph 20.1.
2.1 The terms personal data, data controller, data processor and processing each have the meaning given in the General Data Protection Regulation (EU 2016/679).
2.2 The interpretation of general words shall not be restricted by words indicating a particular class or particular examples.
You acknowledge that digi.me will never see, touch or hold your User Data. Your User Data is stored on your User Storage, so please choose your User Storage Provider carefully.
4.1 You acknowledge that you are aware of the nature of the digi.me App, as described below.
4.2 The digi.me App allows you to do the following as set out in the User Guide:
(a) select the Data Sources from which you would like to synchronise data into your User Storage; and
(b) receive Consent Requests from Brands for access to your User Data on the basis of Consent Contracts outlining:
(i) Data Description;
(ii) Data Purposes;
(iii) Retained Data and Retained Period;
(iv) Shared Data;
(v) Forget Me Function setting;
(vi) User Benefit; and
(c) on the basis of Consent Contracts which you have expressly agreed to, share Released Data with Brands.
5.1 To use the digi.me App, you must first agree to the digi.me App Licence. You may not use the digi.me App if you do not accept the digi.me App Licence.
5.2 You may not use the digi.me App and may not accept the digi.me App Licence if you are a person, business or organisation prohibited from receiving the digi.me App under the laws of the United Kingdom or other countries, including the country in which you are resident or from which you use the digi.me App.
5.3 If you are agreeing to be bound by the digi.me App Licence on behalf of your employer or any other person, business or organisation, you confirm that you have full legal authority to do so and that such employer, business or organisation will be bound by the digi.me App Licence.
6.1 Subject to your compliance with the digi.me End User Terms, digi.me grants you a limited, personal, worldwide, royalty-free, non-exclusive, and non-sub-licensable licence to use the digi.me App as detailed in the User Guide. Your licence begins when you click “I accept” and continues for the Licence Period.
6.2 You may install and use the digi.me App on a reasonable number of User Devices to make use of the digi.me End User Services and as described in the User Guide. You agree that the digi.me App is designed for consumer end-user use and is not designed for commercial use. Therefore, your use of the digi.me App is subject to any fair use restrictions determined by digi.me from time to time and contained in the User Guide (for example, restrictions on the number of devices and computers which can point to a single User Storage location). If you wish to use a full commercial version of the digi.me App, please contact digi.me to discuss the options available to you.
6.3 You agree that digi.me or third parties own all legal right, title and interest in and to the digi.me App, including any Intellectual Property Rights that subsist in the digi.me App. digi.me reserves all rights not expressly granted to you.
6.4 You may not use the digi.me App for any purpose not expressly permitted by the digi.me App Licence. Except to the extent required by applicable third party licences, you may not copy (except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the digi.me App or any component of the digi.me App. You may not use any work around to seek to circumvent any technical limitations in the digi.me App. You may not sell, rent, lease, distribute, or act as an intermediary provider of the digi.me App or grant any third parties any rights in the digi.me App or any components of it.
6.5 Use of any components of the digi.me App licensed under an open source software licence are governed solely by the terms of that open source software licence and not the digi.me App Licence. You are not licensed to, and you agree that you will not, combine any non-open source component of the digi.me App with any software licensed under the GNU General Public Licence, the GNU Lesser General Public Licence, or any other open source licence terms such that it that could require the release in source code form of non-open source components of the digi.me App. Please see the full list of open source acknowledgements accompanying each product.
6.6 Nothing in this digi.me App Licence gives you a right to use any of digi.me’s trade names, trade marks, service marks, logos, domain names, or other distinctive brand features.
6.7 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be contained in the digi.me App.
6.8 Digi.me agrees that it obtains no right, title, or interest from you (or your licensors) under the digi.me App Licence in and to any User Data, including all Intellectual Property Rights that subsist in User Data.
You may not use the digi.me App for any unlawful way, including the following:
(a) storing or sharing any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; or
(b) storing or sharing electronic copies of materials protected by copyright without the permission of the owner.
8.1 The digi.me App allows you to choose which Data Sources your place in your User Storage as explained in the User Guide.
8.2 If you do not have a current version of the digi.me App, the digi.me App may no longer synchronise your Data Sources with your User Storage.
8.3 Subject to sections 11 and 27, you can continue to use previous versions of the digi.me App to access User Data in User Storage which has been synchronised before your version became outdated. You agree that over time, when a version of the digi.me App becomes substantially outdated, access to User Data may become affected or no longer function. Digi.me therefore encourages you to ensure you are always using the most up to date version of the digi.me App.
9.1 You acknowledge that the digi.me App may change from time to time.
9.2 The digi.me App Licence includes all updates to the digi.me App during a Licence Period.
9.3 Digi.me will use commercially reasonable efforts to update you of any material changes to the digi.me App by posting an update on the digi.me Site.
9.4 If digi.me updates the digi.me App, you agree to update your installed digi.me Apps promptly (and agree that if you do not, your installed version of the digi.me App may stop functioning properly).
9.5 You agree that digi.me may stop (permanently or temporarily) making available the digi.me App (or any components of it) to you or to end users generally, at digi.me’s sole discretion, without prior notice to you.
10.1 Digi.me will use reasonable endeavours to provide technical or other support for the digi.me App and to provide reasonable availability of digi.me’s services. Any support which digi.me provides will be limited to the then current release of the digi.me App and the release before that as determined by digi.me.
10.2 If digi.me chooses to provide any technical or other support to you, you agree that with respect to any technical or other information (but not User Data) that you provide to digi.me, digi.me has an unrestricted right to use such information for its business purposes, including for support and development.
11.1 The digi.me App Licence will continue to apply until terminated by either you or digi.me as set out in the digi.me End User Terms.
11.2 If you want to terminate the digi.me App Licence, you can do so by deleting the digi.me App and stopping using your User Credentials.
12.1 Digi.me may make changes to the terms of the digi.me App Licence and notify you by placing a notice on the digi.me Site.
12.2 If you do not agree to changes to the digi.me App Licence terms, you must stop using the digi.me App. If you continue to use the digi.me App after the date the change comes into effect, you will be deemed to have accepted the new version of the digi.me App Licence.
You acknowledge that the digi.me App allows Brand Apps to collect personal data directly from you, on the basis of the terms in a Consent Contract. If you do not want to share your personal data with Brands, you should not agree to Consent Requests.
4.1 Once you have installed the digi.me App, you can receive Consent Requests from Brands, as set out in the User Guide.
14.2 In order to offer you Consent Requests, digi.me requires Brands to sign up to the digi.me Business Terms, available at Partner terms. The digi.me Business Terms contain terms and conditions for your benefit requiring the Brand to comply with applicable laws, including those relating to the protection of your personal data.
15.1 You accept a Consent Request only when you click “[I CONSENT]”. Please take the time to read the Consent Request before you click!
15.2 The display to you of a Consent Request constitutes an offer from the Brand to you to access your User Data on the basis outlined in the Consent Request.
15.3 Your obligation to provide Released Data only arises upon acceptance by you of the Consent Request to form a Consent Contract.
15.4 There is no acceptance of the Consent Request until you indicate your acceptance by clicking “I CONSENT”. Your acceptance is sent to digi.me who will issue you with a Consent Receipt. At the point digi.me transmits the Consent Receipt to you, a Consent Contract shall come into existence between you and the Brand. Unless terminated early under the digi.me End User Terms, each Consent Contract shall automatically end upon completion of delivery of all Released Data and the User Benefit associated with it. You can see a list of all your ongoing and historical Consent Contracts (including their Consent Receipts) at any time by using the Dashboard.
16.1 Each time you enter a Consent Contract, the digi.me App will send a request to your User Storage to release the Released Data directly to the Brand App.
16.2 The digi.me App is a piece of software that is installed locally on your User Device which allows you to disclose Released Data directly from your chosen User Storage to the Brand App. Therefore, you acknowledge that:
(a) the digi.me App allows you alone, not digi.me, to control your own User Data;
(b) Digi.me does not see, touch or hold your User Data and is not a data controller of any of your User Data; and
(c) Digi.me undertakes no processing of, and is not a data processor of, any of your User Data.
17.1 If the Consent Contract contains a User Benefit, digi.me confirms that the Brand is required to deliver the User Benefit to you under the digi.me Business Terms as soon as practicable following release of the Released Data.
17.2 You acknowledge and agree that digi.me is not part of the Consent Contract between you and the Brand and is not responsible to you if the Brand does not deliver a User Benefit.
18.1 You can stop an Ongoing Consent Contract at any time by switching it off using the Dashboard.
18.2 If you switch an Ongoing Consent Contact off, you agree that this may affect any corresponding User Benefit you are receiving. Digi.me is not responsible for any knock-on effects should you choose to end an Ongoing Contract early.
18.3 If a Brand ends its Consent Contracts, any Ongoing Consent Contracts with that Brand will automatically come to an end. You can see which Consent Contracts have ended on your Dashboard. Just like when you end an Ongoing Consent Contract, if a Brand ends an Ongoing Consent Contract, there may be knock-on effects. Again, digi.me is not responsible for these and you should contact the Brand directly if you believe the Brand has not provided the User Benefit.
19.1 For each Consent Contract where the Forget Me Function is switched on, the Forget Me Function allows you to send a Forget Me Instruction. When you send a Forget Me Instruction this is sent from the digi.me App directly to the Brand. Even if you issue a Forget Me Instruction, there may be some data which the Brand needs to keep, for example, because the law requires it to.
20.1 When you register for digi.me End User Services you will be asked to create your User Credentials. You are responsible for all use of digi.me End User Services associated with your User Credentials.
20.2 You agree to keep your User Credentials secret. If you believe or suspect that your User Credentials have been compromised, please notify digi.me and update your User Credentials immediately.
22.1 So that digi.me can innovate and improve the digi.me End User Services, digi.me may collect certain usage statistics relating to your use of the digi.me App including but not limited to version numbers of software, the features within the digi.me app being used and information on which services are being synced. This information is completely anonymised so digi.me has no idea who you are. Nor through this process does digi.me have any access to your User Data.
22.2 If you would like anonymous information in relation to your use of the digi.me End User Services not to be collected, please follow the instructions in the User Guide to opt out.
23.1 Each of digi.me and you warrant that we each have the necessary rights, licences and permits to perform our respective obligations under the digi.me End User Terms.
23.2 If at any time you no longer have the necessary rights, licences and permits to use the digi.me End User Services in compliance with the digi.me End User Terms, you must stop using the digi.me End User Services
24.1 Digi.me provides the digi.me End User Services with a reasonable level of skill and care. However, there are certain things that digi.me cannot promise, as described below.
24.2 Except as expressly set out in the digi.me End User Terms, neither digi.me nor its suppliers, distributors, or investors, make any specific promises about the digi.me End User Services.
24.3 Digi.me does not warrant that any of digi.me’s services will be secure, accurate, uninterrupted or error free or that they will meet your specific requirements. For example, digi.me does not give any warranties about the specific functions of the digi.me App or digi.me End User Services, or their reliability, availability, or ability to meet your needs. Digi.me provides the digi.me App and digi.me End User Services “as is”.
24.4 Some countries provide for certain warranties, such as the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, digi.me excludes all warranties.
24.5 You understand that all third party data and services which you may access through use of digi.me’s services are the sole responsibility of the person, company or organisation from which they originated.
24.6 You acknowledge that your use of third party data and services may be subject to separate terms between you and the relevant third party. In that case, the digi.me End User Terms do not affect your legal relationship with these third parties.
24.7 The digi.me application is not intended for use in a medical or healthcare setting and is not a substitute for clinical record keeping or professional healthcare responsibility. If you have any concerns about your health or health data you should contact your healthcare provider.
24.8 Whilst digi.me makes reasonable efforts to provide and present accurate information, medical data has not necessarily been medically validated. Additionally, medical data flagged as demo or beta is still undergoing testing and you are more likely to find issues with such data. Any issues with medical data should be reported to digi.me.
25.1 If you use the digi.me App or any digi.me End User Services not as a consumer but on behalf of a business or other organisation, that business or organisation accepts the obligations in the digi.me End User Terms, including this section.
25.2 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless digi.me, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable lawyer fees) arising out of or accruing from your use of the digi.me App or any digi.me End User Services in breach of the digi.me End User Terms or any applicable law.
25.3 Digi.me will be entitled, at its expense, to participate in the defence and settlement of the claim or action with lawyers of its own choosing. You may not settle any claims that limit digi.me’s rights without digi.me’s prior written consent (which will not be unreasonably withheld).
25.4 This section does not apply to non-business consumer users of the digi.me End User Services.
26.1 Each of digi.me and you limits their liability to each other under the digi.me End User Terms as set out below.
26.2 Nothing in these terms and conditions excludes or limits liability of either digi.me or you for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability which cannot be limited or excluded by applicable law.
26.3 Subject to paragraph 26.2, digi.me shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising in connection with the digi.me End User Services for:
(a) loss of revenue or profit;
(b) loss of damage to computers, devices or any software or data (including User Data);
(c) loss or damage to goodwill; or
(d) indirect, special, consequential, exemplary or punitive loss or damage.
26.4 Subject to paragraphs 26.2 and 26.3, digi.me’s total liability to you whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising in connection with the digi.me End User Services shall be limited to re-providing you with the applicable digi.me End User Services.
26.5 In all cases, digi.me will not be responsible for any loss or damage that is not reasonably foreseeable.
27.1. Digi.me may terminate the digi.me App Licence and your use of any digi.me End User Services in the circumstances outlined below.
27.2 Digi.me may at any time terminate the digi.me App Licence and your use of any digi.me End User Services if:
(a) you have breached any important provision of these digi.me End User Terms;
(b) Digi.me is required to do so by law or chooses to do so following legal advice;
(c) any partner with whom digi.me offered certain components of the digi.me App or any part of the digi.me End User Services has ended its relationship with digi.me or stopped offering certain components of the digi.me App or part of the digi.me End User Services;
(d) Digi.me decides to no longer provide the digi.me App or certain components of the digi.me App or any part of the digi.me End User Services to users generally or to users in the country in which you are resident or from which you use the service; or
(e) provision of the digi.me App or digi.me End User Services to you by digi.me is, in digi.me’s sole discretion, no longer commercially viable.
27.3 When the digi.me terminates under paragraph 27.2 you agree to irretrievably delete the digi.me App and all components from your computers and devices.
27.4 Termination or expiry (howsoever occurring) does not affect any accrued rights or liabilities, or the coming into force or the continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after termination or expiry.
Digi.me is not responsible for anything beyond its reasonable control.
29.1 Digi.me may make changes to the digi.me End User Terms and notify you by placing a notice on the digi.me Site. However, no changes will ever be made to the digi.me End User Terms that allow digi.me to see, touch or hold user data
29.2 If you do not agree to changes to the digi.me End User Terms, you can choose to stop using the digi.me End User Services. If you continue to use the digi.me App or any other digi.me End User Services after the date the revised digi.me End User Terms come into effect, you will be deemed to have accepted those revised digi.me End User Terms.
You may not sell, assign or transfer any of your rights or obligations under the digi.me End User Terms. Digi.me is permitted to assign or transfer its rights and obligations under the digi.me End User Terms upon notice to you by placing a notice on the digi.me Site.
The digi.me End User Terms constitute the whole legal agreement between you and digi.me, to the exclusion of any previous agreements, and govern your use of the digi.me End User Services.
You agree that if either you or digi.me does not exercise or enforce any legal right or remedy which is contained in the digi.me End User Terms (or which is available under any applicable law), this will not be taken to be a formal waiver of those rights and that those rights or remedies will still be available.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the digi.me End User Terms is invalid, then that provision will be removed from the digi.me End User Terms without affecting the rest of the digi.me End User Terms. The remaining provisions of the digi.me End User Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which digi.me is a member shall be third party beneficiaries to the digi.me End User Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the digi.me End User Terms that confers a benefit on (or rights in favour of) them. Other than this, no other person shall be a third party beneficiary to the digi.me End User Terms.
The digi.me End User Terms and any non-contractual obligations arising in connection with them are governed by and construed in accordance with English law, and the English courts shall have exclusive jurisdiction to determine any dispute arising in connection with the digi.me End User Terms, including disputes relating to any non-contractual obligations.
Version 1.2, 07 April 2019