Please read the Privacy Statement and General Terms and Conditions governing the UNHCR Ecuador WhatsApp Service. By messaging the service, you are confirming that you understand and agree to these terms . Explicitly, upon first interaction with the service you will be asked to accept this User Agreement and associated terms and conditions and by confirming your acceptance when prompted through the WhatsApp Interface, you will enter into a legally binding agreement with UNHCR.
1. Personal Data
When you interact with the UNHCR Ecuador WhatsApp Service, you accept to provide to UNHCR some personal information needed for the application to work and be able to reply to your messages and questions. All aspects of the service delivery are undertaken in line with UNHCR’s Policy on the Protection of Personal Data of Persons of Concern to UNHCR (UNHCR Data Protection Policy). You can withdraw your consent for UNHCR to use your data at any time. You can stop using the service, and also request the deletion of all your data.
Your data is stored safely by UNHCR but shared with select staff members of our technology partner – Praekelt – that supports us in delivering the UNHCR Ecuador WhatsApp Service. As the channel of WhatsApp is used for the service, WhatsApp will also capture certain data, though not specific to this service, as per its general terms and conditions. The data gathered, stored and shared is as follows:
|What data||How is your data collected||Who is it shared with|
|Phone number||automatically captured from the user’s profile||WhatsApp, Praekelt, UNHCR|
|Profile name||automatically captured from the user’s profile||WhatsApp, Praekelt, UNHCR|
|Metadata about your connection (IMEI, MAC address, IP address)||this will be automatically recorded from the user’s mobile and connection being used|
|Message content||the specific information sent by the user, including photos, videos and audio files||UNHCR, Praekelt|
The data is captured automatically by the different components of the service and you do not need to do anything else to share it. Other data may be transmitted to WhatsApp depending on your specific account and device settings for the WhatsApp application, however these are not in any way linked to the UNHCR Ecuador WhatsApp Service. Please see clause 7 below for information about how long your data is stored for.
2. Why UNHCR is Collecting and Using Your Data
With your consent, UNHCR as the data controller will use your personal data only for the purposes noted in the table below as necessary for the provision of the service.
|What data||Why we need access to your data|
|Phone number and profile name||to follow up directly with you about your questions your contact details will be shared with relevant service providers or other teams within UNHCR, when needed, to ensure the most adequate response|
|Message content||To provide you with relevant and timely information and support services as requested by you through the UNHCR Ecuador WhatsApp Service|
UNHCR’s technology partner Praekelt, who is the data processor, will have access to and process the same data in order to support UNHCR to effectively deliver the service through their platform, routing messages from users to UNHCR and back, and facilitating the automation of message delivery based on the content of messages received.
In addition, UNHCR and Praekelt will collect anonymized data (i.e. data used in a manner that no one will be able to connect it to your identity) about your usage of the service, which will be utilised to review and improve performance of the application.
Your information will not be sold or used by UNHCR or its technology partners for anything not included above, nor shared with any other third parties without your consent.
3. Security of Your Data
UNHCR and its technology partner Praekelt will make best efforts to keep your personal information safe and confidential, including through WhatsApp’s encryption and secure storage in our private cloud hosting. As an international organization, UNHCR enjoys privileges and immunities that help protect your data from being accessed by governments and other third parties.
4. Confidentiality of Your Data
UNHCR has strict rules about keeping the data it gathers from you confidential and secure, making sure people without permission do not access it pursuant to UNHCR Data Protection Policy. Your data will only be seen by UNHCR staff specifically working on the UNHCR Ecuador WhatsApp Service to respond to your questions or make sure automatic answers are working, and to specific staff members of UNHCR’s technology partner, Praekelt. All these staff members will follow rules about keeping your information confidential and safe.
5. Sharing Your Data
UNHCR will not share your personal information to any outside actors (other than WhatsApp and Praekelt as mentioned in clause 1 above) without asking for your consent. For the service to work, your data will be sent to WhatsApp when you interact with the service, but they will not see the message content. The content will be seen by the specific UNHCR staff operating the service. UNHCR’s technology partner, Praekelt, will also have access to your content in order to provide and maintain the WhatsApp Service. If it is necessary to share your data with partners of UNHCR to follow up on your question or case, your consent will be asked first.
6. Sharing Data to Prevent Harm, Report on Missing Persons or Comply with International Law
UNHCR may preserve your information and share it with third parties if the organization has a good faith belief that doing so is necessary to prevent death or immediate bodily harm to you and others, help locate refugees or other forcibly displaced who have been reported missing or prevent violations of international law.
7. Opting out of the Service and Deleting Your Data
You can choose to stop using the service at any time and ask for your data to be deleted from UNHCR’s system. To stop using the service simply message the phrase “STOP” to the service to no longer receive messages. To request deletion of your data and interactions, simply message the word “ERASE” to the service and you will be prompted to confirm you no longer wish to use the service and delete your data from the platform, including all messages exchanged with UNHCR. It may take us up to 10 days to process this request and delete your data but we will try to do this as soon as possible.
Your data will be stored for a maximum period of 365 days since last engagement with the service, after which it will be deleted; except for the anonymized data used by UNHCR and Praekelt for assessment of the service. Should you wish to use the service again after having opted out and requested deletion of your data, you can contact the service again and provide renewed consent as per the first time of use.
8. Asking for Your Data
If you want to know what personal data about you UNHCR has collected as part of this service, you can ask UNHCR to share it with you at any time through the WhatsApp Service by messaging “MYDATA” to the service.
9. Raising Concerns
UNHCR is committed to working with you to obtain a fair resolution of concerns arising from the use of the service including concerns about privacy. If you believe that we have not been able to assist with your concern through the communication channel set out in clause 8 above, or if you have any other complaint, comment or concern, you have the right to make a complaint under our internal complaint mechanism. To find information on this mechanism, please visit help.unhcr.org/ecuador.
10. Notification of Changes
General Terms and Conditions
Using the UNHCR Ecuador WhatsApp Service means you agree to all of the below:
1. Use of UNHCR Ecuador WhatsApp Service
When using the UNHCR Ecuador WhatsApp Service you agree to the following guidelines, supplementary to WhatsApp’s existing Terms of Service:
- Do not misrepresent your relationship to another user;
- Do not share any personal data about yourself or others unless specifically requested.
- Where information is requested of you by chat operators to see what services are available for you, and you choose to share this information, please make sure information is as accurate as possible.
- Do not use any obscene, discriminatory or abusive language with the chat operators
- You cannot sell any of the information you get from the service to other people or charge people for using it with your mobile
- Do not use the application to violate the intellectual property rights of other persons or entities (ie the rights affording protection to creative and intellectual effort which include copyright, designs, patents, trade marks, layouts, and confidential information which may be part of your content)
2. Not Allowing Access
UNHCR can decide at its sole discretion, to (a) not respond to users of the service if they are abusive or do not follow their responsibilities above, and/or (b) not allow access to the service for users if it will put any individuals at risk.
UNHCR aims to ensure that the content provided via the UNHCR Ecuador WhatsApp Service is as accurate as possible but information, particularly around COVID changes regularly and as such there may be a slight delay in updating information within the service. It is also not in a position to provide information relevant to a different country other than the stated country of operation. While UNHCR cannot guarantee that there are no errors in the information provided, it does endeavour to correct errors that are drawn to its attention. The content in the application is provided on an “as is” basis, without warranty of any kind. UNHCR specifically does not make any warranties as to the appropriateness, quality, timeliness, accuracy or completeness of the information and service offered through the application.
In providing this service, UNHCR does not endorse WhatsApp or any other messaging applications from other providers. Use of the service does not mean that the user is guaranteed access to any specific information or services.
The use of particular designations of countries or territories does not imply any judgment by UNHCR as to the legal status of such countries or territories, of their authorities and institutions or of the delimitation of their boundaries.
4. Information outside of UNHCR
The service may point you in the direction of information from service providers or actors outside UNHCR, including any content providers, third parties providing information in the application, any user of the application or any other person or entity. Moreover, other actors may provide information about UNHCR. UNHCR does not control information given by outside actors. This means UNHCR cannot say if such outside information is accurate and the organisation cannot be held responsible for the information or any results, including loss or damage, following from it. UNHCR does not provide any warranties and specifically disclaims any liability of any nature for any loss or damage caused in connection with the use of any such services.
5. Security Measures
UNHCR will take appropriate technical and organisational measures to ensure your data is kept safe and cannot be sent to or used by unauthorised actors, but it cannot guarantee complete security given the inherent security risk present with application of digital tools.
Using WhatsApp also means that certain data and usage is captured by Facebook, which owns WhatsApp regardless of the use of this service. UNHCR cannot be responsible for any problems or other use of your data by others, or other risks arising from using third-party mobile applications.
6. Changes to the WhatsApp Service
UNHCR will regularly review how the service is working and make changes to improve it if possible. By using the service, you give UNHCR permission to review conversations and engagement with individuals anonymously to see what changes or improvements are needed. If any changes are made that will impact you, your personal data or anything within this Agreement, UNHCR will inform you about these changes. UNHCR may have to change the service based on the resources it has or changes to the situation without having to give you notice first but will notify of changes afterwards.
If you have any questions or concerns about this User Agreement please text “USERAGREEMENT.”
For further contact information and channels for providing feedback or comments on the service, visit help.unhcr.org/ecuador.
8. Intellectual Property
All intellectual property rights relating to UNHCR-owned materials provided through the application shall remain vested in UNHCR, unless otherwise stated. Extracts of the materials and other information provided in the application may be viewed, downloaded, and printed for personal, non-commercial use only, without any right to sell, resell, or create derivative works therefrom.
Any use other than for personal purposes, including reproduction or translation of substantial portions of UNHCR-owned materials requires the express prior written permission of UNHCR.
In addition, UNHCR reserves the right to seek all remedies available by law for any violation of these terms and conditions, including any violation of UNHCR’s rights in UNHCR name and emblem and its rights in connection with the information, artwork, text, video, audio, or pictures made available through the application.
9. UNHCR Name and Emblem
UNHCR name and emblem are the exclusive property of UNHCR. They are protected under international law. Unauthorized use is prohibited. They may not be copied or reproduced in any way without the prior written permission of UNHCR.
10. Notification of Changes
The Content of the UNHCR Ecuador WhatsApp Service is selected on the basis of UNHCR’s own criteria and in its own sole discretion at any time and may change without notice. UNHCR reserves the right at any time to change or discontinue any aspect or feature of the UNHCR Ecuador WhatsApp information service, including but not limited to these terms and conditions and availability.
11. Special status of UNHCR and how to raise concerns
UNHCR holds a special status as a UN organisation and as such receives some additional safeguards relating to the independence and neutrality of its activities, including the UNHCR Ecuador WhatsApp information service. As such, nothing in or relating to this notice or the UNHCR Ecuador WhatsApp Service shall be deemed a waiver of any of the privileges and immunities of UNHCR as an integral part of the United Nations in conformity with the applicable national and international legal instruments.
12. Dispute Settlement
Any and all disputes arising under this Agreement that cannot be settled amicably shall be resolved in accordance with the following procedure:
- Pursuant to a notice of conciliation communicated by reasonable means by one Party to the other Party, the dispute shall be submitted to non-binding conciliation conducted in accordance with the Conciliation Rules then obtaining of the United Nations Commission on International Trade Law (“UNCITRAL”), or according to such other procedure as may be agreed between the Parties in writing. The language used in the conciliation proceedings shall be English unless otherwise agreed.
- If any such dispute has not been settled within 60 days following the date on which the notice of conciliation is provided by a Party to the other Party, the dispute shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then in force. The arbitral tribunal shall consist of a sole arbitrator and the language of the proceedings shall be English unless otherwise agreed. The place of arbitration shall be Geneva where UNHCR has its headquarters. The arbitral proceedings shall be conducted remotely (e.g., via telephone conference or written submissions) whenever practicable.
13. Stopping the Service
UNHCR can change or stop this WhatsApp Service at any time without having to give notification. UNHCR cannot be responsible for any negative impacts or other results for these changes or stopping of the service.