For the purpose of the Data Protection Act 1998, the Data Controller is FLIK-IT LTD.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following information from you:
Information that you provide via the FLIKIT App (the “App”). This includes information provided at the time of registering to use our App, uploading Information or requesting further information or services. We may also ask you for information when you report a problem with our App.
Specifically, personal details such as name, email addresses, contact telephone numbers, social media profiles and any other Information input by You through the App or otherwise making use of any functionality of the App.
If you contact us, we may keep a record of that correspondence.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of your visits to our App including, but not limited to, traffic data, location data and other communication data and the resources or functionality that you access.
RETENTION OF YOUR PERSONAL DATA
We take appropriate measures to ensure that any personal data are kept secure and are kept for the duration of your use of our App. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data when transmitted to our App; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
If your personal details change you may update them by accessing your Profile. If you have any questions about how we use data collected which relates to you, please contact us by sending a request by email to the contact details below.
We use information held about you in the following ways:
To ensure that content from our App is presented in the most effective manner for you and for your computer.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about changes to our service.
The App allows you to share certain personal data. You are solely responsible for the data you decide to share through use of the App.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006 (where applicable).
We may disclose your personal information to third parties:
in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; or
if we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets; or
if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our App Terms and Conditions and other agreements; or
to protect the rights, property, or safety of FLIK-IT LTD, the App, our users and any third party we interact with to provide the App.
IP ADDRESSES AND COOKIES
[The cookies we use are “analytical” cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the App when they are using it. This helps us to improve the way our App works, for example by ensuring that users are finding what they are looking for easily.]
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking/ticking certain tick boxes we use to collect your data. You can also exercise the right at any time by contacting us using our contact details set out below.
ACCESS TO INFORMATION
The Data Protection Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Data Protection Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
TERMS OF SERVICE
PLEASE READ THESE TERMS VERY CAREFULLY AND, IF YOU ARE UNDER 18, PLEASE PAY PARTICULAR ATTENTION TO CLAUSE You are at least 18 years old. If You are under the age of 18, You must ask a parent or guardian over the age of 18 to enter into these Terms on Your behalf. As a parent or guardian of someone under the age of 18, You are responsible for ensuring that person’s use of the App is at all times in accordance with these Terms. BELOW.
TO USE THE APP, YOU WILL NEED A DEVICE (AS DEFINED BELOW) CAPABLE OF ACCESSING THE APP.
YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON “I ACCEPT” WHEN ASKED TO DO SO, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THAT YOU WILL USE THE APP IN ACCORDANCE WITH THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO AND SHOULD NOT ATTEMPT TO USE THE APP.
WE MAY MODIFY OR UPDATE THESE TERMS AT ANY TIME. ANY SUCH MODIFICATION OR UPDATE WILL BE DISPLAYED AND ACCESSIBLE THROUGH THE APP. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS, INCLUDING ANY UPDATES OR MODIFICATIONS WHICH MAY BE MADE BY US FROM TIME TO TIME. BY CONTINUING TO USE THE APP YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THE TERMS AS ARE IN FORCE AT THAT TIME.
The following definitions and terms will have the following meanings in these Terms:
“App” means the object code form of the mobile application(s) We make available to download and install onto Your Device from the App-Store, and which includes any updates, enhancements, modifications or variations thereto;
“App-Store” means the third party app-stores We may offer the App for
“Connect” or “Connected” means the act of sharing Your Information through the App by use of Your unique FlikIt Code;
“Connected Contacts” means those Users You have Connected with;
“Contract” means the contract between You and Us in respect of Your use of the App, which incorporates these Terms;
“Device” means any device that You access the App on, including any smartphone or tablet;
“FlikIt Code” means a QR (Quick Response) barcode that links directly to Your Information;
“Information” means a name, email address, telephone number, postal address, website, social media profile, image and/or any other data permitted to be included within the App for sharing from time to time;
“Profile” means Your Information, including without limitation, location and other information about You held by Us;
“User(s)” means any user of the App including users who You Connect and share Your Information with;
“Website” means www.fliksomething.com.
The App is owned and managed by Flik-It Ltd. All content supplied through the App is managed by Us.
Flik-It Ltd can be contacted by e-mail at email@example.com
By downloading and using the App, You warrant that:
You are legally capable of entering into binding contracts;
You are not in any way prohibited by any applicable law, in the jurisdiction in which You access and use the App, to enter into these Terms; and
You are at least 18 years old. If You are under the age of 18, You must ask a parent or guardian over the age of 18 to enter into these Terms on Your behalf. As a parent or guardian of someone under the age of 18, You are responsible for ensuring that person’s use of the App is at all times in accordance with these Terms.
Registration and use of the App
In order to access and use the App, You must download the App from the relevant App-Store and register with Us.
When You have completed and submitted Your registration details as required by the App, You may start to use the App.
You hereby warrant that the data that You submit to Us through the registration process and thereafter is truthful, accurate and error-free. You further warrant that You will inform Us promptly in the event that Your details change.
You agree that at all times, You shall:
not allow any other person to use Your Profile;
not use the content presented on the App for any purposes other than those expressly set out in these Terms;
not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App;
promptly notify Us if there is any actual or suspected breach of security or any unauthorised use or attempted use of Your Profile;
not use the App with an incompatible or unauthorised Device;
co-operate with any reasonable security or other checks or requests for information We make from time to time; and
use the content and/or Information made available to You via the App at Your own risk.
Your use of the App
Subject to these Terms, We hereby grant to You a non-exclusive, non-transferable, non-sub-licensable, terminable licence to download, install and use the App on Your Device for You to:
Connect with Users;
share Your Information with your Connected Contacts; and
invite non-registered users to download the App and Connect with You.
Except as expressly permitted in these Terms, You shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the App, in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the App to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the App or Your right to use the App; (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to Us or Our licensors contained within the App; or (v) use the App in any manner not expressly authorised by these Terms.
You are solely responsible for ensuring that Your Profile contains accurate and correct details of Your Information.
You may update Your Profile by inserting additional Information. You acknowledge and agree that all Your Connected Contacts will automatically receive Your updated Information. You may remove any Connected Contacts at any time by deleting the applicable User in the App.
You shall, at all times:
comply with all applicable laws, regulations, directives and legislations in Your use of the App;
comply with any guidelines provided and reasonable requests or instructions issued by Us from time to time, including without limitation security checks, in respect of Your use of the App;
access the App from an authorised and compatible Device, and accordingly You shall ensure that such Device complies with any minimum specifications required for Your Device to install and use all features of the App, as specified in the relevant App-Store; and
ensure your Device contains adequate anti-virus protection.
You shall notify Us in writing immediately if You become aware of any breach of these Terms and/or inappropriate behaviour in connection with the App
commits any criminal act, promote any illegal activities or provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
includes or share anything which could be considered defamatory or blasphemous, or which is likely to cause any person any form of harm or distress or which is false, inaccurate or misleading;
infringes any intellectual property rights or other rights of any third parties;
may reasonably be deemed to be offensive, illegal, inappropriate or in any way promote racism, bigotry, hatred or physical harm of any kind against any group or individual or to harass or advocate harassment of another person;
impersonates any person or entity;
displays pornographic or sexually explicit material; and
engages in or promote commercial activities (other than sharing Your Information) and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without Our prior written consent.
In the event that We are notified that You are making any illegal and/or unauthorised use of the App, and/or Your use of the App is in breach of these Terms, We reserve the right to take any action that We deem necessary, including without limitation removing any Information that You have posted, terminating Your Contract without notice and, in the case of illegal use, instigating legal proceedings. Further, without prejudice to Our rights and remedies, We reserve the right to promptly suspend Your access to the App if We have any reason to believe that You have breached any of the provisions of these Terms.
We cannot accept any liability for any inaccurate Information shared via the App.
You shall not conduct any direct marketing using Information (which, for the avoidance of doubt, shall include all email addresses) that comes into Your possession through Your use of and activities on the App, nor will You disclose such Information to any third party without the data subject’s express written consent.
Availability of the App
We will use Our reasonable endeavours to make the App available to You at all times, but We cannot guarantee that the App will be uninterrupted or fault free.
The electronic communications network, through which the App is supplied, is not controlled by Us and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner of that network. Such circumstances may result in the App being temporarily unavailable. We will take reasonable action to minimise the disruption caused by such circumstances, but some such interruptions may not be avoidable.
We use industry standard security measures to protect against the loss, misuse and alteration of the Information, data and/or content handled by Us. However, You acknowledge and agree that We cannot guarantee complete security of such Information, data and/or content. You should ensure any device used to access the App has adequate security measures to prevent hacks, worms, bugs, trojans or such other similar devices that may allow access to or unauthorised viewing of such information, data and/or content.
We reserve the right to make changes to the App or any part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features and functionalities of the App.
You acknowledge and agree that:
We are in no way linked, connected or affiliated with any App-Store provider;
access to and use of the App may be limited by Your network carrier;
You acknowledge that You will not be able to access and use certain functionalities of the App unless You have internet access through a GPRS, 3G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the use of the App are subject to Your agreed terms with Your mobile network provider;
neither Your airtime provider nor any App kiosk or kiosk operator (including but not limited to any App-Store provider) shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, performance or non-performance of the App;
Your airtime provider and any App kiosk or kiosk operator (including but not limited to any App-Store provider) are third party beneficiaries in respect of this clause and accordingly have the right to enforce the provisions of this clause;
We are solely responsible for providing any support and maintenance in respect of the App; and
You will comply with any third party terms and conditions which may be applicable from time to time in relation to Your use of the App.
Further, where You have obtained the App from the Apple iOS App-Store, You acknowledge and agree that:
You are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country;
You are not listed on any US Government list of prohibited or restricted parties;
these Terms are concluded between You and Us and accordingly Apple is not a party to these Terms;
Apple has no obligation to provide any maintenance and support services in respect of the App;
if the App fails to conform to any warranty herein, You may notify Apple following which Apple will refund You the purchase price paid for the App (if any). Apple will have no further liability whatsoever in respect of any such failure;
Apple has no responsibility to address any claims by You or any third party whatsoever with respect to the App;
Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and
‘AppStore’ and ‘Apple’ are trade marks of Apple Inc.
Further, where You have obtained the App from the Windows Phone Marketplace, You acknowledge and agree that You may install and use one copy of the App on up a maximum of five mobile devices You personally own or control and which are affiliated with the Windows Live ID associated with Your Windows Phone Marketplace account. You may not install or use a copy of the App on a device You do not own or control.
Term and Termination
Subject to clause We reserve the right to accept or reject any registration application and to refuse Your access to the App at anytime at Our sole discretion.5, Your Contract shall commence on the date You register with Us. Your Contract shall remain in full force and effect for the duration of Your registration with Us.
You may terminate Your Contract at any time by deleting Your Profile or by e-mailing notice of termination, sent to Cancellations@fliksomething.com
Upon giving You seven (7) days notice by email, We may at any time and without cause, terminate Your Contract and deny You access to the App .
We are no longer able to make the App available to You due to an Event Outside Our Control (as defined at clause 15 below);
third party services and/or network providers cease to make the third party service or network available to Us;
We believe that there has been fraudulent use, misuse or abuse of the App;
We believe that You have provided Us with false, inaccurate or misleading data in respect of Your registration and/or use of the App; or
You are in breach of any of these Terms.
In the event of termination of these Terms for any reason:
We will cease providing the App to You, including denying You access to the App; and
the rights granted to You under these Terms shall cease and You must not attempt to use the App.
This clause This clause This clause 8.6 and clauses 9, 11, 13 and 16 inclusive shall survive termination of Your Contract for any reason, and shall be valid and enforceable against You and Us. and clauses Intellectual Property, Your relationship with other Users, 13 and 16 inclusive shall survive termination of Your Contract for any reason, and shall be valid and enforceable against You and Us. and clauses Intellectual Property, Your relationship with other Users, 13 and 16 inclusive shall survive termination of Your Contract for any reason, and shall be valid and enforceable against You and Us.
Other than in relation to any links to third party websites, We own or have a licence to use all right, title and interest in and to the App, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey any title to or ownership of the App or the content contained therein to You. All rights in and to the App content not expressly granted to You are reserved by Us.
Subject to these Terms, You hereby grant to us a non-exclusive, perpetual, irrevocable, non-terminable, transferable, sub-licensable and royalty-free licence to copy, display, modify, distribute, sub-licence, host, retain for archiving purposes and publish Your Information.
Third Party Websites
We may link to third party websites. We do not endorse or recommend such websites and You must satisfy Yourself that any goods or services referred to thereon are suitable for Your requirements. These are not provided as an endorsement by Us of the contents on such third party websites. As We have no control over such external sites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse, and are not responsible or liable for any content, advertising, products, services or other materials on or available from such external sites or resources.
You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any such content, goods or services available on or through any such external sites or resources. If You decide to access linked third party websites, You do so at Your own risk. Any concerns regarding any external link should be directed to its respective site administrator or web master.
The App is designed to connect You with other Users. You acknowledge and agree that We only provide You with the App. You understand that We are not involved or a participant, in any way, in respect of any contact, meetings (face-to-face or otherwise), negotiations, transactions or contracts between You and other Users.
You are responsible for Your dealings with other Users. Consequently, You acknowledge and agree that We shall not be liable in any way and for any reason whatsoever in respect of Your relationship with other Users. You acknowledge and agree that You are solely responsible for all communication with, and any subsequent dealings with, other Users.
Take care when meeting other Users. We recommend that You take all reasonable care when arranging any meeting or otherwise with any other User.
You acknowledge that We do not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of any Users. We make no representations and assume no responsibility for any Users. We are not able to vet, verify the accuracy, correctness and completeness, monitor, edit or modify any User Profiles or User Information. Consequently, all such Information available through the App are provided to You “as is” and You agree that any use made of such content or reliance on Information shall be strictly at Your own risk. We recommend that You do not rely solely on such Information in making or refraining from making a decision or to embark on a specific course of action.
Any content comprising part of the App does not constitute advice or a recommendation and therefore it should not be solely relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
We do not guarantee, warrant or make any representation that the functions contained in the App will meet Your requirements, or that the operation of the App will be uninterrupted or error-free, or that defects in the App will be corrected.
We are responsible to You for foreseeable loss and damage caused by Us. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this contract or Our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and You knew it might happen.
Subject to clause We do not exclude or limit in any way Our liability for:, Our maximum aggregate liability to You if We fail to comply with these Terms and You suffer foreseeable loss or damage as a result shall be limited in the aggregate to one hundred pounds sterling (£100.00).
We are not responsible for any loss or damage that is not foreseeable.
We only supply the App for Your own personal, private use. You agree not to use the App for any commercial or re-sale purpose, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.
What We mean by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
We will contact You as soon as reasonably possible to notify You; and
our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under your Contract terms to another organisation.
You need our consent to transfer Your rights to someone else. You may only transfer Your rights or Your obligations under your Contract to another person if We agree to this in writing.
Nobody else has any rights under this Contract. This Contract is between You and Us. No other person shall have any rights to enforce any of its terms. Neither You or Us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
If a court finds part of this Contract illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
Even if We delay in enforcing this Contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these Terms, or if We delay in taking steps against You in respect of Your breaking this Contract, that will not mean that You do not have to do those things and it will not prevent us taking steps against You at a later date.
Which laws apply to this contract and where You may bring legal proceedings. These terms are governed by English law and You can bring legal proceedings in respect of any dispute arising under Your Contract in the English courts.
Only these Terms apply to Your Contract with us. These Terms and any document expressly referred to in them represent the entire agreement between You and us in respect of Your use of the App, and shall supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.
We may make changes to these Terms. We may alter or amend these Terms by giving reasonable notice through the App. By continuing to use the App after expiry of the notice period, You will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, You wish to terminate your Contract with Us, You may do so by giving Us notice of termination, such termination to take effect on the date upon which the amended Terms would otherwise have come into effect.