Jobmerger1. ABOUT THIS POLICY
1.1 Purpose. This Mobile App Use Policy ("Policy") sets the rules for downloading, installing and using the Jobmerger mobile application and any updates to it (the "App"), which is published by Jobmerger Support Services Ltd ("Jobmerger", "we", "us", "our"), a company registered in England and Wales under company number 12142973, with its registered office at St. James House, Hollinswood Road, Central Park, Telford, England, TF2 9TZ.
1.2 Who it applies to. This Policy applies to every person who uses the App, including care workers, nurses, coordinators and managers who use it under their organisation's Subscription, family members and representatives invited to view or contribute to a care record, and Individual Subscribers.
1.3 Relationship with our Terms. This Policy forms part of our Terms and Conditions, and capitalised terms not defined here have the meanings given there. Our Privacy Policy and Cookie Policy explain how data collected through the App is used. If this Policy conflicts with the Terms and Conditions, the Terms and Conditions prevail, except for Section 14, which prevails in relation to Apple.
1.4 Acceptance. By downloading or using the App you agree to this Policy. If you do not agree, do not use the App.
2. ELIGIBILITY AND ACCESS
2.1 Adults only. You must be aged 18 or over to use the App.
2.2 Authorised access. You may use the App only with an account created by your organisation, an account to which you have been invited by a Customer or an Individual Subscriber, or your own Individual Subscriber account. Your access ends when your organisation removes it or your Subscription ends.
2.3 Your organisation's rules. If you use the App as part of your work, your employer's or engaging organisation's policies on care recording, confidentiality, device use and conduct also apply to you.
3. LICENCE TO USE THE APP
3.1 Grant. We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, or that your organisation provides to you, solely to access the Platform for the purposes permitted by your account.
3.2 Restrictions. You must not copy, modify, translate, decompile, disassemble or reverse engineer the App, except to the extent the law expressly permits; rent, lend, sell or distribute it; remove any proprietary notice; or use it to build a competing product.
3.3 Ownership. The App is licensed, not sold. We and our licensors keep all rights in it, as explained in our Copyright Notice.
4. DEVICES AND OPERATING SYSTEMS
4.1 Supported devices. The App works on the versions of iOS and Android stated in the relevant app store listing. We may stop supporting older operating system versions, and will give notice in the App where reasonably practicable.
4.2 Device security. You must protect any device used to access the App with a screen lock and keep its operating system up to date. You must not use the App on a device that has been "jailbroken" or "rooted", or that has had its built-in security controls removed, and the App may refuse to run on such a device.
4.3 Shared devices. If you use a device shared with colleagues, you must log out at the end of each shift and never stay signed in for someone else to use your account.
4.4 Personal devices. If your organisation allows you to use your own phone, it may require you to follow its device policy. Care records accessed through the App are kept inside the App and not in your phone's general storage, photo gallery or other apps.
5. APP PERMISSIONS
5.1 Location. The App asks for access to your device's location to record check-in and check-out at care visits, verify that visits took place and support lone worker safety. Section 7 of our Privacy Policy explains when location is collected. If your organisation has not enabled shift-long location features, location is collected only when you perform location-based actions.
5.2 Camera and photographs. The App may ask for access to your camera to photograph wounds, documents, equipment or the environment where your organisation's care recording procedures allow it, and, where your organisation enables it, for identity verification. Photographs taken in the App are stored in the care record and not in your device's photo gallery.
5.3 Microphone. Where voice notes or dictation features are available, the App will ask for microphone access, which is used only while you are recording.
5.4 Notifications. The App sends push notifications about visits, rota changes, alerts and messages. Your organisation may require you to keep visit notifications on during working hours.
5.5 Biometric unlock. You may choose to unlock the App with the fingerprint or face recognition built into your device. The matching takes place on your device, and we do not receive your biometric data.
5.6 Managing permissions. You can change permissions in your device settings at any time. Turning off a permission may stop related features from working, and you should tell your organisation if this prevents you from recording care.
6. ACCOUNT SECURITY
6.1 Your credentials. Your log-in details, PIN and any multi-factor authentication method are personal to you. You must not share them or let anyone else use your account, including colleagues or family members.
6.2 Automatic log-out. The App will log you out after a period of inactivity set by us or your organisation. You must not attempt to bypass this.
6.3 Suspected misuse. If you believe someone else has used your account, tell your organisation and us immediately at support@jobmerger.com.
7. LOST OR STOLEN DEVICES
7.1 Report immediately. If a device with the App installed is lost or stolen, you must tell your organisation and us at support@jobmerger.com as soon as possible, and in any event within 24 hours.
7.2 What we will do. Your organisation's administrator, or we on request, can sign you out of the App on all devices and remove locally stored data from the App the next time the device connects to the internet.
7.3 Change your password. You should change your password as soon as possible after reporting the loss.
8. OFFLINE USE AND SYNCHRONISATION
8.1 Offline working. Some features work without a connection so that care can be recorded in places with poor signal. Records entered offline are stored securely and in encrypted form on your device until they synchronise.
8.2 Your responsibility. You must connect your device to the internet as soon as reasonably possible so that records synchronise. Records not yet synchronised are not visible to your colleagues, and they may be lost if the App is deleted or the device is reset before synchronisation.
8.3 Synchronisation status. The App shows when records are waiting to synchronise. Do not log out or uninstall the App while records are pending.
9. CARE RECORDING STANDARDS
9.1 Accurate and timely records. You must record care accurately, honestly and as soon as practicable after it is given, in line with your organisation's procedures and your professional obligations.
9.2 Your own entries only. You must record only care you delivered or observed, and never make entries in another person's name.
9.3 Corrections. If you make a mistake, correct it using the App's correction or amendment features. The App keeps an audit trail of changes, and records cannot be secretly deleted or backdated.
9.4 Concerns and emergencies. The App does not replace your organisation's procedures for reporting safeguarding concerns, incidents, medication errors or emergencies. In an emergency, call 999. Alerts and prompts in the App are aids, not instructions, and you must use your own professional judgement.
10. CONFIDENTIALITY AND RESPECTFUL USE
10.1 Need to know. You may access a person's records only where you need to do so to provide or support their care, or for your organisation's legitimate business purposes.
10.2 No copying or sharing. You must not take screenshots or screen recordings of care records, copy information out of the App, or share it through personal email, messaging apps or social media, except where your organisation's procedures expressly permit it.
10.3 Messaging. In-App messages must be professional and relevant to care or work. You must not send abusive, discriminatory, harassing or inappropriate content.
10.4 Family and representatives. If you are a family member or representative with access to a care record, you may use the information only to support the person receiving care and must not share it with others without the agreement of that person or the care provider.
11. PROHIBITED CONDUCT
11.1 You must not:
use the App for any unlawful purpose or in breach of a duty of confidence;
falsify or manipulate location, time or visit data, including by using location-spoofing tools;
interfere with the App's security features, audit logs or monitoring;
upload viruses or harmful code, or attempt to access data or accounts you are not authorised to access;
use automated tools to extract data from the App; or
use the App while driving or in any other situation where it would be unsafe.
11.2 Consequences. Breach of this Policy may lead to suspension of your access under our Terms and Conditions, and we may inform your organisation. Your organisation may also take action under its own policies.
12. UPDATES AND AVAILABILITY
12.1 Updates. We release updates to fix issues, improve security and add features. Some updates are required for continued use, and older versions of the App may stop working. You agree to install updates promptly.
12.2 Availability. We aim to keep the App available at all times but cannot guarantee uninterrupted access, particularly where mobile coverage is poor or during maintenance. Your organisation must have contingency arrangements for recording care when the App is not available.
13. THIRD-PARTY SERVICES AND APP STORES
13.1 App stores. You download the App from the Apple App Store or Google Play, and your use of those stores is also governed by their terms.
13.2 Mapping and other services. The App may open third-party services, such as maps for directions to visits. Those services are governed by their providers' terms and privacy notices.
14. ADDITIONAL TERMS FOR APPLE DEVICES
14.1 Application. This Section applies if you download the App from the Apple App Store.
14.2 Parties. This Policy is between you and us only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content.
14.3 Licence scope. Your licence is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing where those rules permit.
14.4 Maintenance and support. We are solely responsible for providing maintenance and support for the App. Apple has no obligation to provide any maintenance or support services.
14.5 Warranty. To the extent any warranty applies to the App, if it fails to conform to that warranty you may notify Apple, and Apple will refund the purchase price, if any, of the App. To the maximum extent permitted by law, Apple has no other warranty obligation regarding the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, subject to our Terms and Conditions.
14.6 Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
14.7 Intellectual property claims. If a third party claims that the App or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
14.8 Legal compliance. You confirm that you are not located in a country subject to a United States Government embargo or designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.
14.9 Contact. Questions, complaints or claims about the App should be sent to us at the address in Section 1.1 or to support@jobmerger.com.
14.10 Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this Policy and, once you accept it, Apple has the right to enforce it against you as a third-party beneficiary. This applies despite Section 25.10 of our Terms and Conditions.
15. ENDING YOUR USE
15.1 By you. You can stop using the App at any time by uninstalling it. Make sure any pending records have synchronised first.
15.2 By us or your organisation. Your access ends if your organisation removes your account, your Subscription ends, or we suspend or terminate access under our Terms and Conditions.
15.3 Effect. When your access ends, you must stop using the App and delete it from any personal device. Care records you created remain in your organisation's account.
16. LIABILITY
16.1 Our Terms apply. Our responsibility for the App is set out in our Terms and Conditions, including the limitation of liability provisions. Nothing in this Policy limits liability that cannot be limited by law, or affects the statutory rights of Individual Subscribers.
17. CHANGES AND CONTACT
17.1 Changes. We may update this Policy and will tell you about material changes in the App or by email before they take effect.
17.2 Governing law. This Policy is governed by the law of England and Wales, subject to Section 24.4 of our Terms and Conditions.
17.3 Contact. For questions about the App or technical support, email support@jobmerger.com. For billing and account queries, email accounts@jobmerger.com.