Version May 20, 20181 January 2024, in effect from May 25, 2018 January 2024 for all users
Thank you for using KoBoToolbox. This KoBoToolbox instance - http://kobo.humanitarianresponse.info , the website and service (“the Service”), owned and operated by the United Nations Office for the coordination of Humanitarian Affairs (UNOCHA) that is hosted at a data centre in Ireland. This page explains the terms in which you may use the service for data collection, processing and analysis purposes. By using the Site or any services provided on the Site (collectively, “Services”), you acknowledge that you have read, understood, and agree to be bound by the following terms of service and any future modifications to this agreement (collectively, the “Terms”). The Terms apply to all visitors, authorized users, and others who access the Service (“Users”). Your use of the Service indicates that you accept these Terms and to the collection and use of your information as set forth in our Privacy Policy. If you do not accept these Terms, do not use the Service.
Using the KoBoToolbox
This instance of KoBoToolbox is dedicated for humanitarian use. The purpose of KoBoToolbox is to provide an easy to use platform to humanitarian actors , to support digital data collection, leading to harmonized approaches in humanitarian needs assessments, information sharing and promote evidence-based decision making. You must register a user account to access the KoboToolbox service on this instance. Your account grants you permission to use the Site and Services. You must adhere to all policies posted within the Services. As a condition of your use of the Services, you warrant to UNOCHA that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner which could damage, disable, overburdenThese Terms of Service (hereafter ‘Terms’ or ‘these Terms’) describe how the UN OCHA Kobo Server (‘the server’) is managed and how the server should be used. UN OCHA will update these Terms as needed, and will post notice of significant updates on the server website. server users are bound by these Terms. If you do not agree with the Terms, you should discontinue use of the server. If you have any questions or comments about these Terms or the server, send an email to fis-ocha@un.org.
USE OF THE UN OCHA KOBO SERVER
The server may only be used for the collection of data by or on behalf of UN OCHA, for humanitarian projects managed or coordinated by UN OCHA.
Users agree not to use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other
...
party's use
...
of the Services
...
Your Account
You acknowledge that you are responsible for all activity occurring under the use of your account. You are responsible for maintaining the security of your account and password. UNOCHA will not be liable for any loss or damage that results from your failure to do so. You are solely responsible for all your account activity when using this service.
UNOCHA makes no representation that usage of the Services or any related content are appropriate or available for use in your country. You acknowledge and agree that you are responsible for ensuring that your use of this service complies with all relevant local and international laws.
Your Data
You are responsible for any data or content uploaded to the service and retain full ownership of it. In using this service, you understand the service allows you to share your data with others and acknowledge that UNOCHA will not be responsible for how your data is used by others if is shared or made public. If you leave this service, we will make all reasonable efforts to remove your data. If you are collecting, processing, sharing or analysing data through the platform you should ensure, to the extent possible, that all data was collected in a legal, ethical and responsible manner, including: a) Obtaining informed consent from individuals or communities when possible. b) When informed consent cannot be obtained, that data is gathered with appropriate safeguards, including a privacy impact assessment. c) Efforts were made to avoid duplication of data collection in order to avoid an unnecessary burden by affected individuals and communities.
We take the privacy and security of your data seriously and will make all reasonable efforts to ensure it as defined in our Privacy Policy. We will never share your data with third parties. Our team will not view your data directly, unless granted permission by you, in order to provide you technical assistance.
To enhance your use of the service, we may copy, cache or modify your data to improve the systems performance.
API Usage
...
, including their ability to engage in real-time activities through the Services.
The server is managed by the UN OCHA Kobo management team, consisting of UN OCHA personnel from the Field Information Services Section and UN OCHA personnel managing data collection projects in a response.
KoboToolbox is developed and maintained by Kobo Inc. Kobo Inc is the implementing partner for the server. Kobo Inc is a US-registered non-profit organization. Kobo Inc has access to data and forms on the OCHA server in order to fulfill its administrative obligations under the Implementation Agreement between Kobo Inc and UN OCHA.
ACCOUNT MANAGEMENT
UN OCHA personnel account. The server may be used by any UN OCHA personnel. UN OCHA personnel should use their UN OCHA credentials to log into the server.
Partner account. Humanitarian organizations collecting data on behalf of UN OCHA as part of projects managed or coordinated by UN OCHA, may create an account for data collection using the server.
Partner accounts allow users to collect data using forms created by UN OCHA. Each partner account needs to be approved by a UN OCHA focal point. UN OCHA may grant specific partner accounts the authorization to create forms for data collection on behalf of UN OCHA. UN OCHA reserves the right to delete forms created through partner accounts at the discretion of UN OCHA.
You may ask UN OCHA to delete or deactivate your partner account at any time. UN OCHA and the owner of the partner account will agree on the deletion or retention of forms and data belonging to the partner account that will be deleted. When a partner account is deleted, OCHA will delete any personal data we collected in order to create the account.
UN OCHA routinely reviews UN OCHA personnel accounts and partner accounts. Accounts that have been inactive for over 3 years will be deactivated. OCHA will always contact users to verify inactivity prior to account deactivation.
DATA SCOPE AND CRITERIA
A ‘form’ is an instrument for data collection that can be created on the server by UN OCHA personnel accounts and by authorized partner accounts. A ‘data collection project’ consists of the form, the data collected through the form, the description of the project and the accounts associated with the project.
All data stored on the server must be collected and managed in line with the UN OCHA Data Responsibility Guidelines (2021), the United Nations Personal Data Protection and Privacy Principles (2018), and the present Terms of Service.
All metadata and user metadata related to data collection projects should be kept up-to-date.
DATA REVIEW
The UN OCHA Kobo management team regularly reviews the forms on the server. This manual review is based on the UN OCHA Data Responsibility Guidelines (2021), the United Nations Personal Data Protection and Privacy Principles (2018), and the present Terms of Service.
The UN OCHA Kobo management team reserves the right to review data collected using the server. This review will be based on the same guidance used for the review of forms referenced in section 13 above. Users of the server will be notified in case data on the server is found to violate this guidance.
If the manual reviews under section 13 or 14 show that a form or data that does not comply with the referenced guidance, or if a form or data creates operational or security risks to UN OCHA, UN OCHA reserves the right to delete or modify the concerning form and/or data from the server.
DATA MANAGEMENT
The ability of Kobo Inc to access the server - including to view, copy or manipulate data hosted on the server - will be restricted to personnel who need such access in order for Kobo Inc to fulfill its administrative obligations under the Implementation Agreement between Kobo Inc and UN OCHA. These Kobo Inc personnel will only use their access permission to fulfill the administrative obligations of Kobo Inc. Any access to the OCHA server that is not required for Kobo Inc to fulfill its administrative obligations is subject to express prior written permission from UN OCHA.
Data - including data collected using Kobo forms developed by UN OCHA as well as metadata - hosted on the server will be stored on infrastructure based in the European Union. Data transferred to and stored on the server will be encrypted at rest and in transit insofar as data transfer falls within the responsibility of Kobo Inc. The Kobo Inc team will monitor access to the server and will immediately notify UN OCHA if it becomes aware of any unauthorized access or attempt to access data on the server.
The UN’s privileges and immunities extend to data ‘kept and developed for the UN’, which includes all data and forms on the OCHA server, and the server itself.
Kobo Inc will never alter or data stored on the server without prior permission from UN OCHA.
UN OCHA will request users to delete their data collection projects once data collection projects are more than 3 years old and are not being updated. OCHA reserves the right to delete data collection projects that are more than 5 years old and are note being updated.
GENERAL DISCLAIMER OF LIABILITY
Users are responsible for their use of the server. UN OCHA assumes no liability whatsoever for data stored on the server. UN OCHA disclaims all warranties, whether express or implied.
Data stored on the server does not imply the expression or endorsement of any opinion on the part of OCHA or the United Nations. This includes opinions concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.
PRIVACY NOTICE
UN OCHA personnel accounts and partner account contact details are only shared with the UN OCHA Kobo management team.
UN OCHA upholds the highest standard of data protection for the personal data of server users. In case such personal data is exposed, UN OCHA will notify all affected individuals and manage the incident in line with internal data incident management procedures.
APPLICABLE GUIDANCE AND POLICY
UN OCHA is mandated by United Nations General Assembly Resolution 46/182 and guided by the Humanitarian Principles. UN OCHA is governed by the applicable guidance and policies established by the United Nations General Assembly and the United Nations Secretariat. Notably, personal data is processed according to the 1990 Guidelines for the Regulation of Computerized Data Files and in line with the UN Principles on Personal Data Protection and Privacy.
Disclaimers and Limitation of Liability
We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Services or Site, or any software provided through the Site. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE. WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL SERVICES ASSOCIATED WITH USE OF THE SITE AND THE SERVICES. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SITE AND THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. We will not be responsible for any harm to your computer, loss of data or other harm that results from your use of the Services.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, BUSINESS OPPORTUNITIES, AND ANY OTHER INJURY REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS, OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE THE SERVICES OR ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE) EVEN IF WE, OR OUR SUPPLIERS OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.
U.S. DIGITAL MILLENNIUM COPYRIGHT ACT.
If UNOCHA receives a notice alleging that material from your account infringes another party’s copyright, UNOCHA may disable your user account or remove alleged material in accordance with Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act).