UNHCR Kobo Terms of Use

Date: August 2024




Introduction


Welcome to kobo.unhcr.org. These terms and conditions (“Terms”) govern the use of the KoboToolbox platform deployed by UNHCR, the UN Refugee Agency (“UNHCR Kobo”), and publicly accessible via the website https://kobo.unhcr.org/ (the “Site”). Kobo is licensed for use under the GNU General Public License available here.

This document explains the terms according to which you ("User”) may use the UNHCR Kobo server for data collection, management, and analysis purposes. By using the Site or any service provided on the Site (collectively “Services”) you acknowledge that you have read, understood, and agreed to the following Terms of Use and any future modifications to this agreement (collectively the “Terms”). The Terms apply to all Users who access the Services.


Key Terms


  • Applicable Data Protection Standards: The data protection laws and/or organizational policies and other official guidance applicable to the User. For UNHCR, this is the data protection and privacy framework established by the General Policy on Personal Data Protection and Privacy.
  • Operational Data: Data pertaining to the operational context (e.g., data about security and access restrictions) to forcibly displaced and stateless persons (e.g., data about their needs and intentions) and to operational activities including the response (e.g., data about assistance and advocacy).
  • Partner: An entity that has entered a partnership agreement or any other arrangement with UNHCR that includes the use of UNHCR Kobo.
  • Personal Data: Any information relating to an identified or identifiable individual (“data subject”).
  • Personal Data Breach: A breach of security leading to the accidental or illegitimate destruction, loss, alteration, disclosure of, or access to personal data that is transmitted, stored, or otherwise processed.
  • User: A general collective term for all persons who have an account on UNHCR Kobo and access the UNHCR Kobo website. This includes:
    • UNHCR User: Any UNHCR personnel using the Services of UNHCR Kobo.
    • Partner User: Any personnel or agent of a UNHCR Partner operating either under a UNHCR funded or non-funded partnership agreement and authorized to use the Services of UNHCR Kobo.

General Acceptable Use Terms


UNHCR is making available UNHCR Kobo and its Services to all Users subject to these Terms and UNHCR Kobo Privacy Notice.

UNHCR will manage and process personal data shared by all Users pursuant to UNHCR’s policies, procedures, and/or other official guidance, released with respect to UNHCR Kobo and associated topics (e.g., data protection and privacy, information security, etc.).

You must register an account to access kobo.unhcr.org. The Services may be used by UNHCR personnel, which includes staff, affiliate workforce and interns, among others. UNHCR Partners may also use the Services. Other actors may use the Services for humanitarian purposes following authorization by UNHCR.

Your access to UNHCR Kobo is granted and subject to UNHCR’s internal rules and policies on access control for IT systems, applications and services.

What UNHCR Kobo Can Be Used For

UNHCR Kobo is a platform for digital data collection. It is used to collect operational data in the context of various UNHCR activities, such as needs assessments, protection monitoring, border monitoring, intention surveys, incident reporting, etc.

These activities can be conducted by UNHCR alone, in collaboration with Partners. The list below explains the scenarios:

  • Data collection activities conducted by UNHCR only without Partners: The use of the Services is restricted to UNHCR personnel who are conducting data collection activities for UNHCR. There is no Partner involved.
  • Data collection activities conducted by UNHCR and Partners as a joint exercise to implement respective mandates: UNHCR and Partners shall agree to use the Services for a data collection activity in which UNHCR and the Partner have a shared interest in collecting the data to implement respective mandates.
  • Data collection activities conducted by Partners only on behalf of UNHCR

What UNHCR Kobo Should Not Be Used For

UNHCR Kobo must not be used to collect data for UNHCR registration activities, identity management or case management, or for the collection of biometric data. Other corporate tools are available for these activities.


User Obligations


Your account creation and use are permitted according to these Terms and, where applicable, authorised by the Partner you are associated with.

As a User of UNHCR Kobo, you will be subject to the following general obligations:

  • You will adhere to these Terms of Use and the Applicable Data Protection Standards for the access to and use of the Services.
  • You will read and familiarize yourself with the UNHCR Kobo Privacy Notice
  • You shall use the Services in line with the instructions and for the specific purposes of the data collection activity. Such instructions and specific may be set out under governance documents for the data collection activity such as SOPs or the arrangements put in place with the Partners.
  • You shall not use the Services for any other purpose that is not compatible with the specific purposes or for purposes that do not align with the mandate and values of UNHCR.
  • You are responsible for the account you create by you or that is provided to you. You must not share, transfer, or grant unauthorised access to your account to anyone. You shall follow the information security and other organisational guidance issued by UNHCR to ensure the protection and security of personal data.
  • You shall ensure that all your personal data related to your account is correct and up to date.
  • You are responsible for all activity occurring under the use of your account and for maintaining the confidentiality, security and integrity of your account and the personal data you upload. You shall immediately notify UNHCR of any personal data breach or other security incident relating to your account.
  • You are not allowed to use the Services to collect data that may be illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, or racist, or data that contains any type of suggestive, inappropriate, or explicit language, or to process personal data in a way that violates the Applicable Laws.
  • You shall use the platform only for work relating to UNHCR activities in which you are directly involved. Any other use is strictly forbidden..
  • You will keep your unique API key and password confidential and not share with others including other Users within your organization.
  • You shall have a legal/legitimate basis for processing personal data and provide transparent and clear information to Data Subjects, including on their rights, before collecting personal data, in accordance with the Applicable Data Protection Standards.
  • As a condition of your use of the Services, you warrant to UNHCR that you will not:
    • use UNHCR Kobo and its Services as a data storage tool or data repository.
    • use the Services for any purpose that is unlawful or in violation of these Terms of Use or the UNHCR Kobo Privacy Notice.
    • use the Services in any manner that could damage, disable, overburden, or impair the Services.
    • use the Service to collect data that puts forcibly displaced and stateless people at risk or infringes upon their rights including security, protection and privacy.

In case of access without UNHCR’s authorization, or in case authorized users are using the Service in an inappropriate manner in breach of these Terms, UNHCR reserves the right to immediately deactivate their accounts.

Partner Users

All the general obligations above apply to Partner users. In addition to those, Partner Users are subject to the following:

  • You are solely responsible and therefore accountable for the quality of data collected and/or managed by you on behalf of UNHCR and/or its Partners.
  • You shall implement the technical and organisational measures to ensure the protection of personal data, as provided under the Applicable Data Protection Standards and as specifically defined under the arrangement between your organization and UNHCR.
  • You shall not use UNHCR Kobo beyond the timeframe and scope of your arrangement with UNHCR, and you must revoke any access granted to enumerators, if applicable, to conduct the data collection activity upon the expiration or termination of the agreement.
  • You shall be responsible for ensuring that enumerators involved in data collection activities on your behalf comply with these Terms of Use in full, where applicable.
  • You understand that UNHCR may assume control over and manage your use of the Services. You understand that your use of the Services is subject to the (i) control and administration of your account, including modifying and terminating your access, and (ii) access to your collected data and files.

Retention of Data Collected in Kobo


As indicated above, UNHCR Kobo is not intended for long-term data storage and is not to be used as a data repository. All data collected in UNHCR Kobo must be moved to a secure data storage platform within one year after the completion of the data collection activity. UNHCR reserves the right to perform periodical clean-up exercises that may result in the removal of data that exceeds the one-year timeline.

UNHCR shall not be responsible for any loss of data beyond the Kobo retention period of one year after the completion of the data collection activity.


Data Storage Location


Data collected in UNHCR Kobo will be stored in Amazon Web Services (AWS) servers located in Ireland.


API Usage


Unauthorized use of your API key, including transfer to another User, is prohibited. You may not use the API in any manner which could damage, overburden, or impair the ability of UNHCR to offer the Service to other Users. In such an event, UNHCR reserves the right to suspend or limit your account’s access to the API.


Intellectual Property Rights and Usage


You agree and acknowledge that UNHCR is the owner or licensee of all intellectual property rights related to UNHCR Kobo.


Use of UNHCR Name and Logo


You agree to not use the UNHCR Kobo name, logo, or visually represent any association with UNHCR without prior written permission.


Disclaimer


UNHCR Kobo, the Site and/or the Services are provided “as is” without warranty of any kind, either express or implied, including, without limitation, warranties of workmanship, merchantability, fitness for a particular purpose, and/or non-infringement. UNHCR makes no representation that UNHCR Kobo or any related content is appropriate or available for use in your country. You and your organization assume the full risk of all costs, damage, or loss from the use of, or inability to use UNHCR Kobo, the Site and/or the Services. This includes, without limitation, any fault, error, omission, interruption, or delay in the functioning of UNHCR Kobo, the access to or alteration or corruption of information you or your organization transmit using the Site and/or the Services, or any unauthorized access to your devices, or the introduction of any virus or other harmful code, that may result from your use of UNHCR Kobo, the Site and/or the Services. UNHCR does not assume any liability for costs, damages or losses of any kind arising out of or in connection with the use or performance of UNHCR Kobo, the Site and/or the Services, including, without limitation, special, incidental, or consequential costs or damages, lost profits, or lost data, even if UNHCR has been advised of such costs, losses, or damages.


Indemnity


You agree to indemnify, defend and hold UNHCR harmless from any and all claims, demands, damages or other losses, resulting from or arising out of (i) your use of the UNHCR Kobo, the Site and/or the Service, (ii) unauthorised use of your account, (iii) your breach of these Terms or any other official guidance that UNHCR may issue for UNHCR Kobo, the Site and/or the Service , and (iv) any breach of the terms of the agreement signed between your Partner organization and UNHCR.


Privileges and Immunities


Nothing in these Terms or any agreement signed between your Partner organization and UNHCR shall be deemed to be a waiver of any privileges or immunities of the United Nations under the Convention of the Privileges and Immunities of the United Nations, 1946.


Term and Termination


The Terms will continue to be applicable to you for as long as you use the Services. UNHCR reserves the right to suspend or terminate the Services or your account at any time, including when you are in violation of the Terms or at the termination of your Partnership agreement with UNHCR. Any rights or access granted to you will automatically end with the termination of your account.

You agree and understand that all the provisions of the Terms which by their nature should survive termination, including personal data protection, security, and limitations of liability.


Notice of Changes


UNHCR may update the Terms from time to time without prior notice. Any changes or additions to the Terms will be updated on the Site and communicated to you through a notification on the Site. We encourage you to read the Terms regularly.