Please carefully read the following terms of use. By accessing and/or using this web application, You agree to accept these terms of use. The World Health Organization (“WHO”) reserves the right to update these terms of use from time to time and without notice.

“You” in these terms of use means the users accessing and/or using the web application (the “Site”) via ai.ncd.digital.

NCD AI algorithm (the “NCD AI algorithm”) is used to detect direct and indirect marketing that children are exposed to when using their interactive digital media like smartphones, laptops, game consoles and VR/AR headsets.

The purpose of this Site is to collect quality images for the NCD AI algorithm training dataset. Images collected through this Site will only be used for that purpose.

Your participation in the image upload via Site, for the images to be collected and stored on the NCD AI dataset stored on WHO Azure cloud services, is entirely voluntary. You may stop using the Site at any time. However, once you have uploaded the images, they cannot be removed from the NCD AI dataset, and how it is stored, processed and used is entirely up to WHO.

1.Access and Usage

The Site is open to the general public aged 18 years or above have the URL for the web application. The web application will be promoted by the NCD European office in multiple channels of communication. e.g. web application URL exposed via their official website, email campaigns, event brochures, through the partner agencies.

Although the only restriction to access the Site is the mentioned age restriction, there are no other restrictions on who uploads the images and the content of the images. Industry standard security measures are applied to prevent malicious usage of the Site.

2.Functionality

Once You have access to the Site, a web page is displayed to the user allowing user to upload an images for NCD AI algorithms training. You can use the device camera to take a photo or select an image on the device to be uploaded to be stored in the NCD AI algorithms training dataset.

3.Data collected on the Site

The data collected with this web application are the image(s) You upload, the information we may collect through third-party services such as google analytics, and information such as Your geographical location and time of data upload.

No personally identifiable information (PII) is intentionally collected through this web application, and users are allowed to use the Site anonymously. However, any PII information collected due to the content of an uploaded image is used, detailed in our privacy statement found here.

The information collected via the Site will be stored on WHO servers with the utmost care and security WHO employs a range of technologies and security measures to protect the information maintained on our systems from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

The data collected via the Site will be sent to WHO cloud services to be stored. While WHO administers the Site and acts as the repository for the initial collection of data on this application, it is used only for training the NCD AI algorithm training dataset.

Additionally, we will use third-party cloud-based image classification services, such as Google Cloud Platform, Amazon Web Services, ChatGPT and Azure cognitive services, and as a result, the data collected by the Site may be sent to these third parties for analysis.

4.Modification/discontinuation of the Web Application

WHO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any means of accessing or utilizing the Site, with or without prior notice to You.

5.Disclaimers by WHO

(a) WHO does not represent that the use of the Site would not infringe third parties' proprietary rights. WHO provides the Site “as is”, and does not represent that the Site is operational, free of defects, virus-free, able to operate on an uninterrupted basis, or appropriate for your technical system.

(b) Any mention of specific companies or of certain manufacturers’ products does not imply that they are endorsed or recommended by WHO in preference to others of a similar nature that are not mentioned. Errors and omissions excepted, the names of proprietary products are distinguished by initial capital letters.

6.General Provisions

(a) WHO shall not be liable for any loss or damage arising directly or indirectly in connection with, or resulting from, Your use of the Site, or Your participation in using the Site.

(b) WHO further expressly excludes liability for any indirect, special, incidental or consequential damages which may arise in respect of the Site or Your use of the Site.

(c) You agree to indemnify WHO for, and hold WHO harmless against, any claims and liabilities, including reasonable attorneys' fees and costs, arising from Your use of the Site, and/or breach of these terms of use.

(d) Any dispute relating to the interpretation or application of these terms of use shall, unless amicably settled, be subject to conciliation. In the event of failure of the latter, the dispute shall be settled by arbitration. The arbitration shall be conducted in accordance with the modalities to be agreed upon by the parties or, in the absence of agreement, with the rules of arbitration of the International Chamber of Commerce. The parties shall accept the arbitral award as final.

(e) Nothing in or relating to these terms of use shall be deemed a waiver of any of the privileges and immunities enjoyed by WHO under national or international law and/or as submitting WHO to any national court jurisdiction.

(f) These terms of use constitute the entire agreement between you and WHO with respect to its subject matter. WHO is not bound by any additional terms that may appear in any communication from You. Any amendment of these Terms of Use shall be subject to WHO’s written agreement, it being agreed that WHO may amend these Terms and Conditions from time to time at its sole discretion, without prior notice.