Terms & Conditions Of Use And Privacy Policy Of The Global Flow DTM Website

By using this website (https://flow.iom.int/) and all its pages (hereinafter referred to as the “Flow Monitoring DTM Website”), those access it (hereinafter referred to as the “User”) agree to the Terms and Conditions of Use of the Flow Monitoring DTM Website (hereinafter referred to as the “Terms and Conditions”) contained herein.   
 
Flow Monitoring DTM Website 
The Flow Monitoring DTM Website is created, owned, hosted and administered by the International Organization for Migration (hereinafter referred to as "IOM"), an organization part of the UN system.  
 
The Flow Monitoring DTM Website contains information on the IOM’s DTM flow monitoring component (hereinafter referred to the “DTM” and the “Flow Monitoring” respectively). The DTM is a system to track and monitor the displacement and population mobility. It is designed for humanitarian purposes to regularly and systematically capture, process and disseminate information to provide a better understanding of the movements and evolving needs of displaced populations, whether on site or en route. Flow Monitoring component of the DTM tracks movement flows and the overall situation at key points or origin, transit locations, and points of destination. 
 
The Flow Monitoring DTM Website provides publicly all Flow Monitoring information and data (hereinafter referred to as the “Materials”) including but not limited to data collected on  flow monitoring reports, datasets, data visualization, surveys information and reports, other texts, documents, statistics, logos, designs, visual materials, photographs, videos and maps for informative purposes only.  All Materials on the Flow Monitoring DTM Website are subject to these Terms and Conditions.  
 
The Flow Monitoring DTM Website contains also detailed, specific parts of the Website that are not publicly available, inter alia, datasets, infosheets and reports (hereinafter referred to as the “Restricted Materials”), access to which is restricted. In order to request to access the Restricted Materials, the User shall register at the Flow Monitoring DTM Website using the following link: https://flow.iom.int/user/register and follow the procedures that will be provided by the DTM Support Team and indicated in the User’s Agreement that the User will receive upon registration.  
 
For any further questions, comments or feedback, the User may contact the DTM Support Team by the following email: DTMSupport@iom.int 
 
IOM reserves the exclusive right, at its sole discretion, to alter, limit or discontinue the Flow Monitoring DTM Website without notice, and shall have no obligation to take the needs of any User into consideration in connection therewith. 
 
IOM reserves the right to deny, at its sole discretion, any User access to the Flow Monitoring DTM Website or any portion thereof without notice. 
 
The IOM’s practice of any collection, storage, use and dissemination of the information about the User of the Flow Monitoring DTM Website is outlined in the Privacy Policy below.  
 
Intellectual Property 
All intellectual property rights, including copyright, relating to the Materials on the Flow Monitoring DTM Website shall remain vested in IOM, unless otherwise stated.  
Copyright © International Organization for Migration [respective YEAR] 
IOM reserves the right to assert ownership of the Materials collected on the Flow Monitoring DTM Website. 
 
The Materials may be viewed, downloaded, and printed for non-commercial use only, without, inter alia, any right to sell, resell, redistribute or create derivative works therefrom. At all times the User shall credit the DTM as the source, unless otherwise stated. The user must include the URL of the Materials from the Flow Monitoring DTM Website, as well as the following credit line: Source: “International Organization for Migration (IOM), [month, year], Displacement Tracking Matrix (DTM)”. 
 
Any extraction, translation, reproduction, and distribution, in any form, or by any means, electronic, mechanical, photocopying, or otherwise, requires the explicit prior written permission of IOM. 
 
Permission to use Materials found on the Flow Monitoring DTM Website which are not owned by IOM, must be requested from the copyright owner. 
 
IOM and DTM name and logo 
 
IOM and DTM name and logo are exclusively owned by the IOM. The use of the IOM or DTM name and logo, including copying or reproducing in any form without written permission of IOM is prohibited.  
 
Indemnity 
 
The use of the Flow Monitoring DTM Website are at a User's sole risk. By using the Flow Monitoring DTM website, the User agrees to defend, indemnify and hold harmless IOM, its officers, employees, content providers, information providers and agents from and against all loss, costs, damages and expenses (including legal fees and costs), claims, suits and liabilities to the extent arising out of the use of the Flow Monitoring DTM Website.  
 
Disclaimer 
The Materials are provided on an "as is" basis, without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. IOM specifically does not make any warranties or representations as to the appropriateness, quality, reliability, timeliness, accuracy or completeness of the Materials on the Flow Monitoring DTM Website (hereinafter referred to as the “Materials”). 
 
While IOM cannot make any warranties that there are no errors on the Flow Monitoring DTM Website, it does endeavour, where appropriate, to correct errors that are drawn to its attention. 
 
Neither IOM nor any of its officials, employees, agents, information providers or content providers shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, incompleteness, deletion, defect, failure of performance, computer virus, communication line failure, alteration or use of any content published on the Flow Monitoring DTM Website, regardless of cause, or for any damages resulting therefrom. 
 
If the User is dissatisfied with any material on the Flow Monitoring DTM Website or with any of the provisions of this Privacy Policy governing the Flow Monitoring DTM Website, a User's sole and exclusive remedy is to discontinue using this website. 
 
Boundaries and Geographic Names 
 
The depiction and use of boundaries, geographic names, and related data shown on maps and included in lists, tables, documents, and databases on the websites are not warranted to be error free nor do they imply judgment on the legal status of any territory, or any endorsement or acceptance of such boundaries by IOM. 
 
The Flow Monitoring DTM Website uses Google Maps API(s) Services and ESRI Map Service JSON API Services for information and illustration purposes only. The depiction and use of boundaries, designations, geographic names and related data used on these maps are not warranted to be error free nor do not imply official endorsement or acceptance by the International Organization for Migration (IOM). 
 
Advice, Opinions, and Statements 
The Flow Monitoring DTM Website may contain advice, opinions, and statements of various information and content providers. IOM does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, any User of the Flow Monitoring DTM Website or any other person or entity. Reliance upon any such opinion, advice, statement, or other information shall be at a User's own risk. 
 
Other Websites and links  
IOM does not necessarily support policies and beliefs of organizations and individuals listed or referred to in the Materials held on the Flow Monitoring DTM Website. 
 
IOM does not provide any warranties and specifically disclaims any liability whatsoever in connection with third party websites or links. Even though, the Flow Monitoring DTM Website may contain links to the third-party websites, IOM does not control the content, links and terms of use of the linked sites. IOM provides linked sites only as a convenience and the inclusion of a link or reference does not imply the endorsement of the linked site by IOM. 
 
Other websites may link to the Flow Monitoring DTM Website without seeking the permission of IOM. However, such links must clearly identify DTM of IOM as the source of the information displayed and preserve the integrity of the Flow Monitoring DTM Website without alteration. 
 
Other Users 
A User specifically acknowledges and agrees that IOM is not liable for any conduct of any User. 
 
Bugs, Virus, Malicious Code, etc. 
While IOM makes every effort to ensure the Materials available on its websites are free of any software virus, it cannot guarantee that the Materials are free from any or all software viruses. IOM is not responsible for any loss or damage caused by software and related codes, including viruses and worms. 
 
Security Measures 
The websites implement a series of technologies and security measures, such as encryption and/or authentication tools, in order to safeguard the information maintained on IOM's systems from misuse, unauthorized access or disclosure, alteration, or loss. 
Although IOM applies reasonable means to ensure that the information the User furnishes is not used by third parties for purposes other than that for which it was provided, IOM cannot guarantee that unauthorized third parties will never be able to defeat security measures or use the User’s personal information for improper purposes. The User should be aware that no transmission of information via the internet is ever totally secure. Transmission is therefore at User’s own risk. 
 
Online Service Providers 
While IOM has a strong interest in the integrity of its online service providers, particularly with a view towards their reliability and the protection of personal information, it does not provide any warranties and specifically disclaims any liability whatsoever in connection with services. IOM further disclaims any liability of any nature for any loss or damage howsoever caused in connection with using any of those services. 
 
Electronic Messages 
IOM attempts to respond to electronic messages sent to e-mail addresses listed on the Flow Monitoring DTM Website. However, IOM is under no obligation whatsoever to respond to any or all such messages. 
 
Viewing 
The Flow Monitoring DTM Website is best viewed with the popular browsers: Google Chrome, Firefox, Safari, Opera and at a minimum Internet Explorer 9 or Internet Explorer 10 and 11+ using 1024 x 768 pixels screen resolution and maximized browser window. 
 
Privacy Policy 
 
Anonymous Browsing 
Those who may choose to access the Flow Monitoring DTM Website (hereinafter referred to as the “User” or collectively “Users”) agree to the Privacy Policy (hereinafter referred to as the “Privacy Policy”) contained herein. This Privacy Policy explains in which manner IOM collects, stores, and uses and disseminates information about the User on the Flow Monitoring DTM Website.  
 
Monitoring Website Traffic 
IOM monitors general trends in the use of the Flow Monitoring DTM Website. 
IOM uses the information to generate statistics and measure the Global DTM Website’s activity in order to improve its usefulness of the websites. In the monitoring process the website records User’s IP, country of location, browser type, page title, page URL, hostname, flash version, screen color depth, screen resolution, cookie values and device type details for further analysis. This information is never connected with any personal information the User may supply to IOM for one of IOM's services. 
 
Cookies 
Monitoring traffic on the Flow Monitoring DTM Website includes the use of cookies, small text files that are placed on the User’s computer when the User visits the Flow Monitoring DTM Website. They are widely used in order to make The Flow Monitoring DTM Website work more efficiently and meet the User’s needs. When the User visits the websites, some information, such as the site that referred to IOM, User’s IP address, browser and the type of machine the User is using, as well as navigational information such as the files the User downloads, the pages the User visits, and the dates/times of those visits are collected. 
 
The User is free to decline cookies by changing the browser settings, although in that case the User may not be able to use certain features on the Flow Monitoring DTM Website and may be required to re-enter information more frequently to use certain services on the Flow Monitoring DTM Website. 
 
Personal Information 
IOM does not collect personal information, such as the name, mailing address, e-mail address, and other information of the Users, unless such information is voluntarily disclosed, for example, for creation of the User’s account, filling in the Data Access Form or subscribing to a newsletter. In such event, IOM will only use the personal information for the purpose for which it was disclosed. 
 
IOM does not sell, distribute or rent personal information collected on the Flow Monitoring DTM Website. 
 
IOM relies on online service providers for the provision of services, such as hosting services, website traffic analysis, newsletters and online surveys. 
 
IOM does not intend to either solicit or collect personal information from any User under the age of 13 years. The Users under the age of 13, should not use information on the Flow Monitoring DTM Website. 
 
Status of IOM  
Nothing in or relating to the Flow Monitoring DTM Website shall be deemed a waiver, expressed or implied, of any of the privileges and immunities enjoyed by IOM as an intergovernmental organization.  
 
Dispute Resolution clause 
Any dispute, controversy or claim arising out of or in relation to these Terms and Conditions, or the breach, termination or invalidity thereof, shall be settled amicably by negotiation between the Parties.  
 
In the event that the dispute, controversy or claim has not been resolved by negotiation within 3 (three) months of receipt of the notice from one party of the existence of such dispute, controversy or claim, either Party may request that the dispute, controversy or claim is resolved by conciliation by one conciliator in accordance with the UNCITRAL Conciliation Rules of 1980. Article 16 of the UNCITRAL Conciliation Rules does not apply. 
 
In the event that such conciliation is unsuccessful, either Party may submit the dispute, controversy or claim to arbitration no later than 3 (three) months following the date of termination of conciliation proceedings as per Article 15 of the UNCITRAL Conciliation Rules. The arbitration will be carried out in accordance with the 2010 UNCITRAL arbitration rules as adopted in 2013. The number of arbitrators shall be one and the language of arbitral proceedings shall be English, unless otherwise agreed by the Parties in writing. The arbitral tribunal shall have no authority to award punitive damages. The arbitral award will be final and binding.  
 
The present Terms and Conditions as well as the arbitration agreement above shall be governed by the terms of the present Terms and Conditions and supplemented by internationally accepted general principles of law for the issues not covered by the Terms and Conditions to the exclusion of any single national system of law that would defer the Terms and Conditions to the laws of any given jurisdiction. Internationally accepted general principles of law shall be deemed to include the UNIDROIT Principles of International Commercial Contracts. Dispute resolution shall be pursued confidentially by both Parties. This Article survives the expiration or termination of the present Terms and Conditions. 
 
Notification of Changes 
These Terms and Conditions and Privacy Policy may be reviewed periodically. IOM reserves the right to change the Terms and Conditions and Privacy Policy at any time, without notice. IOM will post changes to this Privacy Policy at the bottom of the Flow Monitoring DTM Website.