TERMS OF SERVICE

These terms of service (“the Terms”) govern your use of the CORONA TRACER BD application (“the App”) developed by “Shohoj” (“the Developer”) as per instructions of ICT Division and DGHS for mobile and handheld devices and the services provided thereunder. Please read these terms and conditions (“the Terms”) carefully before you download, install or use the App. By clicking on the “I Agree” button, you signify your acceptance of the Terms, in its entirety, and your intention to be legally  bound by them.

1. SERVICE OVERVIEW

The App is part of a service designed to enable registered users who have come in contact with other registered users who have tested positive for the severe acute respiratory syndrome Coronavirus 2 (COVID-19) to be notified, traced and suitably supported (Services). When the App is installed on your mobile or handheld device, it detects when your device comes within Bluetooth range of any other registered user’s device and initiates a protocol by which the information specified in the Privacy Policy (including location information) about that other registered user is collected. These data would be shared with the ICT Division and DGHS to aid in the fight against Covid 19 . ICT Division and DGHS by their discretion may share the data with authorized entities for  the same purpose. In the event you test positive for COVID-19, the ICT Division and DGHS  may collect your personal information, contact and/or inform such registered users you have come in contact with you over the past 14 days who have a risk of being infected, to administer the appropriate medical intervention. Similarly, you will be notified if, as a result of having come in contact with any persons who have tested positive for COVID-19, you have a risk of being infected. The App may, in the future, allow users to conduct a self-assessment test to assess whether their symptoms combined with other relevant factors affects their risk of being infected.

2. REQUIREMENTS FOR USE

You agree to turn on and allow the App access to the Bluetooth and GPS services on your mobile or handheld device. You acknowledge that if your device is switched off or in airplane mode, if Bluetooth and GPS services on your device are turned off or if you revoke the App’s access to Bluetooth and GPS services on your device, it will not be able to capture all necessary information which will impair the completeness and accuracy of the Services. You agree to keep the mobile or handheld device on which the App is installed in your possession at all times and not to share it with or allow anyone else to use it. You acknowledge that if you do so it could result in you being falsely identified as being in High Risk of contracting COVID-19 virus or not being identified when you are.

3. USE

You agree that you will only use the App in good faith and will not provide false or misleading information about yourself or your infection status. You agree that you will not do anything to throttle, engineer a denial of service, or in any other manner impair the performance or functionality of the App. You agree that you will not tamper with, reverse-engineer or otherwise use the App for any purpose for which it was not intended including, but not limited to, accessing information about registered users stored in the App, identifying or attempting to identify other registered users or gaining or attempting to gain access to the cloud database of the Service.

4.  DATA COLLECTION, SECURITY OF USERS AND IP RIGHTS

You hereby expressly consent in sound mind and good health, to the collection, analyzing, acquiring, possessing, supplying and use of your personal information and geo-location for the provision of the Services. The details of the personal information collected and the manner in which it collected as well as the purposes for which it will be used is more fully set out in our privacy policy. Any information collected through this App will be used for the sole purpose for which this App has been developed. The Developer/Shohoj shall not be responsible for any unauthorized usage of data by the persons entrusted with accessing user data by the ICT Division and DGHS . You are free to choose not to provide this information at any time by suspending the App’s access to Bluetooth and GPS services or by deleting the App from your mobile or handheld device. However, should you do so, you acknowledge that you will no longer be able to avail of the Services. However, our Terms do not allow you to violate or damage or endanger someone else's intellectual property rights when using our Services, including removing, altering or concealing their copyrights, trademarks, service marks or other proprietary rights, notices incorporated in or accompanying this App.

5. DISRUPTION

You agree that you have no expectation of, or right to permanent and uninterrupted access to the Services. While the Services are intended to be accessible to you from everywhere on a 24x7 basis, from time to time and without prior notice of downtime, access to the App or the Services or to any part thereof may be suspended on either a temporary or permanent basis and either with respect to all or a certain class of users.

6. LIMITATION OF LIABILITY

You agree and acknowledge that the ICT Division, DGHS, or Shohoj will not be liable for any claims in relation to the use of the App, including but not limited to (a) your inability to access or use the App or the Services; (b) the failure of the App or the Services to accurately identify persons in your proximity who have tested positive to COVID-19; (c) the accuracy of the information provided by the App or the Services as to whether the persons you have come in contact with in fact been infected by COVID-19; (d) any unauthorised access to your information or modification thereof.

7. DISCLAIMER

The App is being made available on an "as-is" basis and the ICT Division, DGHS, or Shohoj makes no warranties of any kind, whether express, implied, statutory or otherwise, with respect to the functioning of the App or its ability to accurately identify those who have tested positive to COVID- 19. Whilst the App endeavors to ensure that the information  provided by  this App is correct, it does not warrant its completeness or accuracy; nor does it commit to ensuring that the app remains available or that the material on the app is kept up-to-date.
To the maximum extent permitted by applicable law all representations, warranties and conditions relating to this app and the use of this app (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill) are excluded.

All services such as those provided by this App are never wholly free from defects, errors and bugs, and the Developer provides no warranty or representation to that effect or that the App will be compatible with any application, or software not specifically identified as compatible.. The functioning of the App is dependent on the compliance by all registered users of the App with these Terms. Accordingly, the Developer and ICT Division and DGHS  disclaims all liability on account of such non-compliance by other registered users. The Services that are being provided (including the self-assessment test, its results and any notifications sent by the App) are not a substitute for common prudence, medical diagnosis, or specific therapeutic and epidemiological measures necessary to combat COVID-19.

8. GOVERNING LAW

These Terms and conditions will  be governed by and construed in accordance with the laws of  People’s Republic of Bangladesh, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Bangladesh.

9. REVISION OF TERMS AND CONDITIONS

The Terms may be amended from time to time. Revised Terms will apply to the use of the App from the date of the publication of the revised Terms on the App. Please check the App regularly to ensure you are familiar with the current version.  For certain revision of terms in order to continue using the App, you will be required to accept the revised Terms. Failure to comply with the Terms can result in suspension of your ability to use the App.

10. SEVERABILITY

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to be in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.


PRIVACY POLICY

When you use BD CORONA TRACER (App), some personal information is collected from and about you. You hereby expressly give consent to such collection, store, use, supply, share, analysis of such personal information including your geo location. We are committed to protecting the security of this information and safeguarding your privacy. This privacy policy sets out the details of the personal information collected, the manner in which it collected, by whom as well as the purposes for which it is used. At registration you accepted the terms of this Privacy Policy and your use of the App signifies your continued acceptance thereof. This Privacy Policy may be revised from time to time  Please check the app regularly to ensure you are familiar with the current version. Revised privacy policy will apply to the use of the app from the date of the publication of revised privacy policy on the app. In order to use the App, you will be required to consent to the terms of the Privacy Policy as revised from time to time.

1. INFORMATION COLLECTED AND MANNER OF COLLECTION

  1. When you register on the App, your phone number and your National ID (optional) is collected and a system-generated unique id (UserID) is assigned to you. The information collected from you and your UserID during registration is stored securely on a server managed by/ on behalf of the ICT Division and DGHS  (Server). This information stored on the Server will be stored against with a unique id (UserID) that is pushed to your App. The UserID will thereafter be used to identify you in all subsequent App related transactions and will be associated with any data or information uploaded from the App to the Server. At registration, your location details are also captured and uploaded to the Server.
  2. The App continually continuously collects your GPS location data and stores securely on your mobile device, a record of all the places you have been at 15 minute intervals.
  3. When two registered users come within Bluetooth range of each other, their Apps will automatically exchange UserIDs and record the time and the collected GPS location that identifies the contact took place. That exchanged information information that is collected from your App will be securely stored on the mobile device of the other registered user and will be securely uploaded from the users’ his/her mobile devices and stored on the Server.
  4. The App continually continuously collects your location data and stores securely on your mobile device, a record of all the places you have been at 15 minute intervals.

2. USE OF INFORMATION

  1. The personal information collected from you at the time of registration under Clause 1(a) above, will be stored on the Server and only be used by the ICT Division and DGHS for the purpose of generating reports, heat maps and other statistical visualisations for the purpose of the management of COVID-19 in the country or to provide you general notifications pertaining to COVID-19 as may be required. Your UserID will only be co-related with your personal information in order to communicate to you the probability that you have been infected with COVID-19 and/or to provide persons carrying out medical and administrative interventions necessary in relation to COVID-19, the information they might need about you in order to be able to do their job.
  2. The information collected from any other user’s mobile device and uploaded and stored on the Server in accordance with Clause 1(b) will be used to calculate your probability of having been infected with COVID-19.
  3. The information collected under Clause 1(c) will be used by the ICT Division and DGHS to evaluate, based on the self-assessment tests and the GPS locations from where they are being uploaded, whether a disease cluster is developing at any geographic location.
  4. The information collected under Clause 1(c) and securely uploaded and stored on the Server will, in the event you have tested positive for COVID-19, be used to map the places you visited over the past 14 days in order to identify the locations that need to be sanitised and where people need to be more deeply tested and identify emerging areas where infection outbreaks are likely to occur. Where, in order to more accurately map the places you visited and/or the persons who need to be deeply tested, your personal information is required, the UserID associated with the information collected under Clause 1(c) will be co-related with your personal information collected under Clause 1(a).
  5. The information collected under Clause 1 will not be used for any purpose other than those mentioned in this Clause 2.

3. RETENTION

  1. All personal information collected from you under Clause 1(a) at the time of registration will be retained for as long as your account remains in existence and for such period thereafter as required under any law for the time being in force.
  2. All information collected under Clauses 1(b) and 1(c) and uploaded to the Server may be purged from the Server at the discretion of the ICT Division and DGHS if the data is deemed to have no further value in terms of alleviating COVID-19.
  3. Nothing set out herein shall apply to the aggregated datasets generated by the personal data of registered users of the App or any reports, heat maps or other visualization created using such datasets. Nothing set out herein shall apply to medical reports, diagnoses or other medical information generated by medical professionals in the course of treatment.

4. RIGHTS

  1. As a registered user you have the right to cancel your registration at any time by sending an email to info@dghs.gov.bd. If you decide to cancel your registration the information already provided by you will be retained or deleted as per Clause 3 of the Privacy policy. Barring cancellation of registration the user would not have any control of how they receive the communications from us or the way the communication is received.

5. DATA SECURITY

The App is equipped with standard security features to protect the confidentiality and security of your information. Data is encrypted in transit as well as at rest. Personal information provided at the time of registration is encrypted before being uploaded to the cloud where it is stored in a secure encrypted server. Personal information that is stored in the Apps of other registered users that you come in contact with is securely encrypted and are incapable of being accessed by such user.

Access to data will be provided to authorized individuals at the express consent of the GOB.

6. DISCLOSURES AND TRANSFER

Save as otherwise set out in Clause 2 with respect to information provided to persons carrying out medical and administrative interventions necessary in relation to COVID-19, no personal information collected by the App will disclosed or transferred to any third party.

7. GRIEVANCES

If you have any concerns or questions in relation to  Privacy Policy, Security issues or intellectual property rights you may address them to the Grievance Redress focal point at DGHS at info@dghs.gov.bd.