UN OCHA Kobo Toolbox Terms of Service

Version 1 January 2024, in effect from January 2024 for all users

These 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

1. 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. 

2. 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, including their ability to engage in real-time activities through the Services.

3. 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. 

4. 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

5. 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.

6. 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. 

7. 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. 

8. 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.

9. 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

10. 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. 

11. 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.

12. All metadata and user metadata related to data collection projects should be kept up-to-date.

DATA REVIEW

13. 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.

14. 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. 

15. 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

16. 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. 

17. 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.

18. 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.

19. Kobo Inc will never alter or data stored on the server without prior permission from UN OCHA.

20. 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

21. 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. 

22. 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

23. UN OCHA personnel accounts and partner account contact details are only shared with the UN OCHA Kobo management team.

24. 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

25. 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.