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GeoSmile App - Terms of Service
New Zealand

GeoSmile (the “App”) is an application software licensed by GeoTechnologies, Inc. (the “Company”, “we”, “us”, “our”).  The App awards points (in units designated by the Company) (“Miles”), in accordance with distance travelled of the smartphone (“Device”) on which the App is installed, as measured by the Device.  The App also provides various other content. 

 

These Terms of Service apply to personal use of the App, by users in New Zealand.  If you are located in another country, you must refer to the Terms of Service applicable to your jurisdiction. 

Article 1. Application

Access to and use of the App by users in New Zealand is subject to your agreement with, and compliance with:

  • (a) the terms and conditions set out below (as amended from time to time) and any specific terms that you are notified of through the App (the “Terms of Service”); 

  • (b) any additional terms and conditions referred to in these Terms of Service or on the App; and 

  • (c) the GeoSmile Privacy Policy (as amended from time to time) – this sets out the terms that apply to the collection and use of data using the App, such as location information, distance travelled results, acquired Miles, map displays and other information and data provided within the App (collectively, “Data”). 

These Terms of Service stipulate terms and conditions concerning the App and use of distance traveled results, acquired Miles, location information, map displays, and other information and Data. The App can be used only by a user who has consented to these Terms of Service in the manner we prescribe (“User”, “you”, “your”), and these Terms of Service will apply between the Company and any person who uses the App. Further, if the App is updated, these Terms of Service will apply to the relevant updated version of the software.

 

You must be at least 18 years old to download and use the App, and you must seek approval of your parent or legal guardian if you are under that age. If you are a parent or legal guardian of a user under the age of 18 years old, by allowing them to use the App you are subject to these Terms of Service and responsible for that user's activity on the App. 

 

We may update these Terms of Service and/or the App in accordance with these Terms of Service, including Article 11 from time to time, subject to our obligations under applicable law. 

Article 2. Use Conditions

  1. The Company grants to each individual User a non-exclusive and non-transferable license to install the App on an iOS or Android Device, and create and use up to one account in accordance with these Terms of Service and the methods of use specified through the App.

  2. You are responsible (at your own expense) for:

    • (a) downloading, installing, uninstalling and using the App, including complying with all applicable laws and regulations; and  

    • (b) maintaining and managing the environment necessary to use the App, including paying all communication fees prescribed by your telecommunications company. 

  3. You acknowledge that there may be circumstances where you may not be able to use the App because of deterioration of the telecommunications environment.  For example, this may occur when you enter a building or move to an area blocked by a building or to an area not connected to a network.

  4. If you delete or uninstall the App, all Data on the Device that you have acquired through use of the App will be erased and will not be restorable; you fully understand and consent to this. 

Article 3. Use Registration

  1. To use the App, you will need to login and create an account on the App by either: 

    • (a) registering your email address, password and other information that will be used to identify you (collectively, “Account Information”) on your App My Page; or

    • (b) performing authentication based on your registered email address, using a service provided by an operator other than the Company (“External Service”).

  2. You undertake and confirm that all Account Information that you provide is true, accurate, up to date and not misleading. 

  3. You must register any changes to your Account Information without delay.  We will not be liable for any damage or any other detriment you may suffer because a change was not registered. 

  4. You must manage your Account Information appropriately and not allow anyone else to use or access your Account Information.  

  5. You will be liable for, and the Company will not be liable for, any damage that arises from any inappropriate management or erroneous use on your part, or use by a third party etc., of your Account Information. 

  6. You must use your Account Information only for the purpose of using the App, and must not use such information for any other applications we provide. 

Article 4. Prohibitions

  1. Unless expressly permitted on the App, when using the App, you must not engage in any of the following (or similar) conduct (together, “Prohibited Conduct”):

    • (a) reproduce, duplicate, copy, transmit, extract, process, alter, make transmittable, or engage in any other secondary use of, the App or the Data;

    • (b) lend, sell, redistribute, publicly transmit, sub-license, or otherwise cause a third party to use, the App or the Data;

    • (c) subject to applicable law, analyze or alter the App or the Data by reverse assembly, reverse compilation, or reverse engineering; 

    • (d) engage in any conduct that infringes on the rights of the Company or other third party relating to the App or the Data, any other conduct that causes damage or detriment to the Company or another third party, or any other conduct likely to result in the above-mentioned Prohibited Conduct; 

    • (e) engage in any conduct that interferes or is likely to interfere with the operation of the App; 

    • (f) without the Company’s prior written consent, use the App or Data for profit purposes or commercial purposes;

    • (g) engage in any conduct that violates laws and regulations or conduct that is related to criminal activity;

    • (h) engage in any conduct that is contrary to public order and morals; 

    • (i) engage in any conduct that directly or indirectly facilitates any of the above-mentioned Prohibited Conduct; or

    • (j) any other conduct that the Company reasonably determines to be inappropriate based on reasonable grounds.

  2. If you engage in any Prohibited Conduct or breach these Terms of Service, we may, without any prior notice to you, temporarily suspend your use of the App, close your Account and/or terminate these Terms of Service.

Article 5. Ownership of Rights

All intellectual property rights including copyrights and trademark rights to the App and the Data belong to us or the third parties who licensed such rights to us.

Article 6. No Warranty

  1. To the extent permitted by law (including the Consumer Guarantees Act 1993 (NZ)(the "Consumer Laws")), all representations or warranties (statutory, express or implied) which are not expressly referred to in these Terms of Services are excluded to the fullest extent permitted by law. Without limiting the foregoing:

    • (a) the App is made available on an “as is” and “as available” basis; 

    • (b) the Company makes no express or implied warranty whatsoever regarding the availability, accuracy, completeness, or suitability for any purpose of any of the information provided by the App and no warranty regarding the functionality of the App on a Device; and

    • (c) the Company makes no express or implied warranty that the App does not infringe on any intellectual property rights of third parties. 

  2. Nothing in these Terms of Service affects any statutory rights that you may have, do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including any of the non-excludable requirements under the Consumer Laws.

Article 7. Provision of Functions by Alliance Partners

  1. When, in your use of the App, you use functions provided by our alliance partners.  In addition to these Terms of Service, you must follow the terms of service and other conditions specified by such partners. 

  2. Article 6 (No Warranty) also applies to functions provided by alliance partners.

  3. The Company does not manage or operate the functions provided by our alliance partners, and, subject always to Article 6(2), the Company is not liable for the acts or omissions of any alliance partner.

Article 8. Measurement of Travel Data

Your distance traveled results as measured by the App (“Travel Data”) will be handled as follows:

  1. Travel Data will be measured by a Device running the App under prescribed conditions, and transmitted to a server we manage that distributes the App;

  2. Travel Data sent to the server will be displayed on the App;

  3. if a Device is not turned on or if a Device is out of range when the App is launched or the telecommunications environment is otherwise not maintained, there may be cases where Travel Data will not be measured; and 

  4. acquired Miles and distance traveled information calculated from a User’s Travel Data may be published on the App and shared with other App Users in a manner that will not allow identification of the relevant User.

Article 9. Addition of Miles and Exchanging Miles for Benefits

  1. In accordance with the distance traveled calculated from your Travel Data on the App, you will be granted Miles in quantities prescribed by the Company. 

  2. Using a method prescribed by the Company, in accordance with the number of Miles held, you may exchange the Miles with points issued by other companies or for other benefits.

  3. Miles will be valid for 90 days from the day you last acquired Miles on the App. 

  4. The Company will establish benefits that can be exchanged for Miles from time to time, and display them on the App.  The types, details, and conditions for exchanging the benefits provided by the Company may be changed by the Company at any time. 

  5. The Company is not responsible nor liable for any inquiries, communications, or disputes relating to any benefits that may arise between you and stores where Miles can be exchanged.

Article 10. Changes, Suspension or Discontinuation of the App

  1. We may, at our discretion and without notice, alter, add, discontinue, change, or make inaccessible, the content and/or the delivery method of the App. Without limiting the foregoing, we will use reasonable endeavours to advise you of material changes to the operation of the App that may impact you.

  2. Without limiting Article 10(1), we may suspend or discontinue delivery of the App in whole or in part without prior notice if any of the following events arise:

    • (a) periodic or emergency maintenance or work, or troubleshooting of equipment necessary for delivery of the App is required; 

    • (b) the App cannot be distributed because of discontinuation of telecommunications services by a telecommunications business operator, fire, power outage, accident, war, riot, civil commotion, labor dispute, natural calamity, computer virus, any force majeure event or any other event not attributable to the Company;

    • (c) unavoidable suspension or discontinuation for operational or technical reasons; or

    • (d) we otherwise determine that such measures are necessary based on reasonable grounds.

  3. Even if you suffer damage from any of the events mentioned under Articles 10(1) and (2), the Company will not be liable in any way.

Article 11. Changes to Terms of Service

  1. We may change these Terms of Service from time to time. 

  2. We will post an updated version of these Terms of Service and/or a notice describing such change on our official website and/or the App.  Such change will not be retroactively applied, and will come into effect starting from the 14th day from the day of its posting; however, any change addressing new functions of the App and any change required by applicable law will come into effect immediately.     

  3. If you continue using the App or do not cancel your registration after we post a notice in accordance with this Article 11, you will be deemed to have consented to such change.

Article 12. Changes to, and Termination of, the App

  1. We may change the content or discontinue the App at any time.  If we intend to discontinue provision of the App, we will notify you in advance. 

  2. If we discontinue provision of the App, all Miles you acquired through the App will automatically expire.

  3. We will not be liable for any damage you may suffer because of any change to or discontinuation of the app.

Article 13. No Assignment

  1. You may not transfer or assign to a third party, create a security interest in, or otherwise dispose of, any rights or duties under these Terms of Service. 

  2. If we transfer our App-related business to another company, in conjunction with such transfer, we will be entitled to assign or transfer these Terms of Service to the transferee, together with our rights and obligations under these Terms of Service, including User registered matters and other User information. You consent to any transfer of our rights and obligations under these Terms of Service, in accordance with this Article 13(2). This Article 13 applies to any direct or indirect business transfer, reorganization and/or change of control of the Company

Article 14. Disputes

Any inquiries, communications and disputes that arise between you and another User or other third party in connection with the App will be resolved at your own responsibility and expense, and the Company will not bear any responsibility or liability.

Article 15. Damage Compensation

  1. To the extent permitted by law, and subject to Article 6(1) and 15(2) below, we will not be liable for any damage you or any third party may incur in relation to the App, whether in contract, tort (including negligence) or otherwise and regardless of whether such damage could have been foreseen. 

  2. Nothing in these Terms of Service affects any statutory rights that you may have under consumer laws (being the Consumer Guarantees Act 1993 (NZ) ).

  3. The App is only available for personal use.  Any use of the App for any commercial, business or re-sale purpose is strictly prohibited and, for the avoidance of doubt, we have no liability to you whatsoever in connection with any such use, including for any loss of profit, loss of business, business interruption or loss of business opportunity.

Article 16. Export Control Regulations

  1. Except where permitted under applicable laws (including the Privacy Act 2020 (NZ) and New Zealand export-related laws and regulations, export control laws of the United States or export-related laws and regulations of other foreign countries, or laws and regulations of countries where the App, the Data, and related documents were obtained), you may not use, export, or re-export the App, the Data, or related documents.

  2. Without limiting Article 16(1), the App, the Data, and related documents may not be exported or re-exported to: 

    • (a) Countries embargoed by the U.S; or

    • (b) persons on the U.S. Treasury Department’s list of Specially Designated Nationals and persons on the U.S Department of Commerce’s Denied Persons List/Entity List.

  3. By using the App, the Data, or related documents, you represent and warrant that you do not reside in a country that falls under Article 16(2)(a), and that you are not a person on any of the lists set forth in Article 16(2)(b). 

  4. You agree not to use the App, the Data, or related documents for any purpose prohibited under the laws and regulations of the U.S, Japan or New Zealand (including without limitation use for nuclear weapons, missiles, chemical weapons, or bacteriological weapons).

Article 17. Jurisdiction

  1. These Terms of Service are governed by the law of Japan. 

  2. If a question or a dispute arises between you and us with respect to these Terms of Service, we will consult with you in good faith to reach a resolution, but if a resolution still cannot be reached, the Tokyo Summary Court or the Tokyo District Court will be the exclusive agreed jurisdictional court of first instance. 

  3. You agree that, in the context of these Terms of Service (including the provision of the App without any monetary payment), this clause is fair and reasonable.

Article 18. Survival

Matters not stipulated in these Terms of Service will be in accordance with other stipulations of the Company. If any provision of these Terms of Service is found to be invalid by a competent court, to the extent permitted under law, such provision will be amended or construed to ensure that the purport of these Terms of Service will be realized to the maximum extent possible, and there will be no impact on the validity of the remaining provisions of these Terms of Service.

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GeoSmile Privacy Policy

GeoSmile Privacy Policy

GeoTechnologies, Inc. (the “Company”, “we”, “us”, “ours”) will use, hold and disclose personal information that you provide, or we obtain, through your use of the App in accordance with:

  • (a) this GeoSmile Privacy Policy (as updated from time to time) (“Privacy Policy”); and

  • (b) any additional authorisation that you provide to us when you use the App.  

However, if you have given your consent to any other matter in the course of your use of the App (“Separate Agreement”), such Separate Agreement will have priority over this Privacy Policy.

 

Please read this Privacy Policy carefully.  By downloading and/or using the App, you (“User”, “you”, “your”) are deemed to have authorized the collection, use, storage and disclosure of your personal information in accordance with this Privacy Policy.  This Privacy Policy describes how the Company collects, uses, stores and discloses the personal information in the App. For information on how the Company handles personal information otherwise collected by the Company, see the Personal Information Protection Policy. 

 

The Company is subject to a range of laws which protect your privacy, including New Zealand's Privacy Act 2020 (the "NZ Privacy Act") . For some jurisdictions, this Privacy Policy also includes additional terms, as set out in the Addenda attached.

 

In this Privacy Policy “personal information” means information that identifies or is capable of identifying an individual, or has the meaning given to it in applicable privacy laws.

Article 1. Handling of Personal Information

  1. When you download the App, the personal information you enter on the application software download site will be managed by the relevant operator (“Site Operator”).  You must resolve any question or dispute relating to the Site Operator’s collection and/or use of your personal information with the Site Operator.  Download sites, and Site Operators, include:

    • (a) Google Play, a site operated by Google for Android OS smartphones or tablets: Google LLC; and

    • (b) AppStore, a site operated by Apple for iOS smartphones or tablets: Apple Inc.

  2. The Company will collect the User Information, including personal information (as set out in Article 2 below), from your use of the App. 

  3. We may provide your personal information to a third party, for any of the purposes set out in Article 2 or permitted by the NZ Privacy Act, or for any of the following reasons: 

    • (a) in accordance with applicable laws and regulations;

    • (b) for lessening or preventing a serious threat to life, health or safety;

    • (c) to cooperate with a government organisation; 

    • (d) where required by any courts, public prosecutors, police, or any other agency with comparable authority; or 

    • (e) where you authorize the disclosure to the third party.

Article 2. Handling of User Information

  1. For the purposes of this Privacy Policy, “User Information” means all information that we collect on the App; this includes information regarding your identity, your App use and behaviour, and any other information generated or accumulated on your Device regarding you or the Device.

  2. User Information includes the following information: 

    • (a) email addresses (excluding the email address specified in the following item);

    • (b) email address and icon information you use when logging into an External Service; 

    • (c) identifiers (symbols that identify you, and advertisement identifiers such as IDFA and AAID) [Note 1]; 

    • (d) location information (including geolocation identifiers, latitude and longitude, time, speed, altitude, direction, means of travel, building floor number, error accuracy, and other location information; hereinafter the same); 

    • (e) browsing history information;

    • (f) information you voluntarily provide in response to surveys conducted on the App (“Survey Information”) [Note 2]; and

    • (g) device information (including without limitation SIM settings, currencies, languages, and country names). 

    • [Note 1]
      Advertisement identifiers are symbols for identifying your Device in the course of targeting advertising etc. These identifiers can identify Devices, but by themselves cannot identify individual Users.
      IDFA (Identification for Advertisers): Identifiers for User Devices (iOS) issued by Apple Inc.
      AAID (Advertising ID): Identifiers for User Devices (Android) issued by Google LLC. 

    • [Note 2]
      For example, date of birth (age), sex, marital status, family structure, children, age of children, occupation, title, region of residence, type of housing, highest academic degree, annual income, household income, hobbies, preferences, habits, lifestyle, and other comparable items designated by the Company. 

  3. The Company uses User Information for the following purposes:

    • (a) to provide the App and services on the App suitable for you;

    • (b) to identify you;

    • (c) to distribute information relating to the App;

    • (d) to respond to inquiries about the App;

    • (e) to ascertain statistics for the purpose of enhancement of the App, to carry out market research, use surveys and other analysis and research, or to prepare statistical information;

    • (f) to maintain and improve the App, and to plan and implement assorted campaigns and promotions;

    • (g) to analyse User Information and distribute advertisements relating to products and services corresponding to your needs and interests;

    • (h) to plan, consider development of, and provide, new products and services of the Company, its affiliates, or its partners;

    • (i) to provide such information to third parties; and

    • (j) to acquire from third parties purchase (transaction) history information that was created when a purchase was made, a contract was executed, or a service was used, either through the App or by using a function of the App, to link such information with User Information and to use such linked information for any of the above-mentioned purposes.

  4. The Company will provide the following User Information to third parties (including advertising companies, analytics companies, and other clients and partner companies of the Company): 

    • (a) identifiers;

    • (a) location information acquired by the Company since the start of use of the App, and processed through the process designated by the Company so as not to identify any particular individuals;

    • (b) browsing history information;

    • (c) survey Information that you have provided since you started using the App; and

    • (d) device information.

    • User Information will only be provided for the following purposes to third parties, in such a manner that the third parties will not be able to identify particular individuals (for the purposes described in Article 2(3) of this Privacy Policy).
      Purposes of use:

      • (a) to distribute advertisements corresponding to your needs and interest;

      • (b) to analyse market areas, analyse behavior, and other survey and analysis;

      • (c) to provide database products, data analysis tools, and other products and services provided by the relevant third parties, distribute information and advertisements, respond to inquiries, and plan and implement promotions;

      • (d) to prepare statistical information; and 

      • (e) to plan, and carry out studies for development of, new products and services.

  5. The Company collects your App browsing history information by using the following information collection modules provided by the indicated third parties.  To that end, the Company provides such browsing history information to the information collection module providers.  These information collection modules collect browsing history information without including any information that can identify individuals, and information so collected is managed in accordance with the following privacy policies and other rules of the information collection module providers:   

  6. In furthering the purposes stated in this Privacy Policy, the Company may subcontract the handling of User Information to outside vendors, in which case the Company will select, execute contracts with, and appropriately supervise, persons who provide an appropriate level of personal information protection, equivalent to those required under the NZ Privacy Act. 

  7. You can request access to and correction of personal information in User Information, in which case we will promptly comply with and respond to such request.  In order to request access and/or correction please contact us using the information set out in Article 4 of this Privacy Policy. If you have requested access, there may be instances where the Company cannot grant you access to the personal information we hold. We will provide individuals with a written notice of reasons if we refuse to provide access to their personal information. If you have requested correction, and we find that the information which we hold is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps, consistent with its obligations under the NZ Privacy Act and other applicable laws, to correct the personal information and notify you to that effect.

  8. You may opt out of the use of your User Information as follows.

    • (a) You can opt out of the identifiers IDFA and AAID by accessing the following sites using your Device:

    • https://support.apple.com/ja-jp/HT202074

    • https://support.google.com/googleplay/answer/3405269

    • (b) You can change local information settings on the App so that the Company cannot use your location information.. However, in such a case, you will longer be able to add Miles through use of the App and some other functions of the App will no longer be available to you.

Article 3. Amendment

  1. We may change the content of this Privacy Policy from time to time.

  2. In the case of the preceding paragraph, we will post a notice describing such change on our official website and certain other places we manage. Such change will not be retroactively applied, and will come into effect starting from the 14th day from the day of such posting; however, any change addressing new functions of the App and any change based on statutory reasons will come into effect immediately. 

  3. If after the passing of the period specified in Paragraph 2,you continue using the App or do not cancel your registration within the period we specify, you will be deemed to have consented to such change. 

  4. You can obtain a copy of this Privacy Policy from our website or by contacting us using the details below.

Article 4. Contact

Contact details for the Company for comments and questions relating to User Information, and other inquiries about handing of User Information are as follows:

Contact: https://support.geosmile.app/hc

New Zealand Addendum

Article 1. New Zealand specific requirements

If you reside in New Zealand, the Company will collect, use, disclose and safeguard your personal information in accordance with both (1) this New Zealand Addendum and (2) the Privacy Policy, in that order of preference.

 

This New Zealand Addendum applies in addition to, and does not limit, the Company’s rights and obligations under the NZ Privacy Act (as amended from time to time) or any specific authorization that you provide to us when you interact with us or use our website and services. 

 

  1. Providing personal information
    You are not required to provide the Company with any personal information that the Company requests.  However, if you do not do so, the Company may not be able to provide you with certain services.
     

  2. Information about other people
    If you provide the Company with, or authorize the Company to collect, personal information about another person, you confirm that they have authorized you to provide the Company, or authorize the Company to collect, their personal information in accordance with this Privacy Policy and that you have informed them of their rights to access their personal information as set out in this Privacy Policy.
     

  3. Information about children under 16
    Personal information of children under the age of 16 must be provided with the consent of their parent or guardian. If you are a parent or legal guardian of a user under the age of 16 years old, you confirm that you have their consent and are able to provide that consent as their parent or guardian, for us to collect, use and disclose that personal information for the purposes described in this New Zealand Addendum.
     

  4. Sharing personal information with third parties
    In contexts where the Company transfers your personal information outside of New Zealand, the Company will ensure that any recipients of this information will protect your personal information with safeguards comparable to the NZ Privacy Act. 
     

  5. Access and correction of personal information 
    Under the NZ Privacy Act, you have the right to access and request correction of any personal information that the Company holds about you.  To do so, please contact the following e-mail address: 
    Contact e-mail address: https://support.geosmile.app/hc

END

Supplementary Provisions:
Effective Date Jan 11, 2022

Revision Date Aug 29, 2023

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