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Introduction

Welcome to Follco.com.  We are headquartered in the Republic of Ireland.  The Company (“Us” or “We”) provides an online marketplace that allows B2B and B2C customer relationship management and marketing facilities.  We allow businesses to create accounts and we allow customers to create accounts.  Businesses on Follco use Follco to manage a marketing feed through a timeline that contains postings that are wholly public and postings that are only available to selected customers.  Businesses on Follco use Follco to send email and text marketing campaigns.  Customers on Follco use Follco to follow businesses and receive marketing material in a controlled manner. 

Use of Follco

We provide Follco on an 'as is' and 'as on' basis'.  When you create an account on Follco, you agree to conduct your account according to the purposes described in these Terms, to the highest standard possible and not break any law while using the platform.  While using Follco, you agree to comply with all relevant laws such as intellectual property law and respecting ownership rights over information. You agree to conduct yourself at all times in a manner that does not violate any criminal law.  We will provide you with access to your account and a continuous and uninterrupted service as reasonably humanly and technologically possible.  We will investigate any suspected or reported incidences and involve relevant authorities if we are obliged to do so by law.

Business accounts on Follco are free but subject to certain limits and limited functionality, visit the Website (www.follco.com) for further information. Businesses have the option to upgrade their account by paying a regular monthly fee to access expanded functionality.  Businesses also have the option to purchase bundles to text and email if they need to expand their functionality without paying a regular monthly fee.  Requests for refunds will be considered on a case-by-case basis in a manner consistent with governing Irish and EU law.

When you create a business account, you warrant to us that you have the capacity to represent your business and that you have the correct permissions or licences to use any information or material you upload to Follco.  When you log on to Follco, we provide you with the functionality to upload details of existing customers as well as create new or prospective customers.  You warrant to us that in uploading such details that you either have a contract with your customers or that you have a genuine business interest in them.  We provide you with a 'Legitimate Interest Assessment' and other proof of GDPR compliance that you can provide to customers who might fall into the genuine business interest category to assist with your data protection compliance.  We provide you with the functionality to contact customers using electronic communications channels for marketing purposes.  When you log on to Follco for the first time, you will be taken through a series of steps that ask you to warrant you have the correct permission to contact any customers you upload onto the system that aren't permissioned through Follco.  If you are unsure that you have the correct permission, we encourage you to use Follco to permission your customers again. 

Limitation of Liability

We do not in any way endorse the views or activities of or represent businesses that use Follco.  Businesses are considered a third party to Follco in this regard.  In terms of processing customer personal data, Follco acts as a data processor on behalf of businesses and businesses act as data controllers over the personal data of their customers on the platform and offline.  We are in no way responsible for you relying on information, products or services received through Follco or in respect of any third party website or service that is accessed through Follco or hyperlinked on Follco. To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility related to your use or otherwise of Follco and you agree to limit any claims or otherwise to any single amount you may have paid to us in the transaction the claim is related to, or €100, whichever is greater.

Restrictions

While using Follco, you shall not:

You shall at all times: (a) effect and maintain adequate security measures to safeguard Follco from unauthorised access, use, and disclosure; and (b) supervise and control access to and use of Follco in accordance with the provisions of these Terms.

Intellectual Property Rights

By using Follco you agree that all Follco IPR belongs to and shall remain vested in the Company. All Follco IPR together with all related goodwill, know-how and other proprietary rights are vested in, and shall remain the absolute exclusive property of, the Company and you shall not have any right, title or interest in Follco and the Follco IPR or any related goodwill, know-how or other proprietary rights. You shall notify the Company immediately if you become aware of any unauthorised use of the whole or any part of Follco and/or the Follco IPR by any person and you agree that you shall not remove or alter any notices of copyright or other Follco IPR contained in or hosted on Follco.

These Terms will apply to you for the length of time your account is hosted on Follco. You will be provided with functionality to download your information from Follco before your account is made inaccessible to you/marked inactive or deleted. After your account is deleted, there will still be a relationship between you and us for certain standard business purposes such as Follco having to comply with certain statutory obligations and in respect of the protections regarding Follco and the Follco IPR, which shall apply to you and shall survive termination of your account for any reason.

The Company may at its sole discretion and at any time without prior notice alter the content contained in Follco or vary your access to Follco.  The Company may at its sole discretion and at any time without prior notice alter or amend these Terms. You will be notified of any changes to these Terms and will be required to accept changed terms within 30 days of changes. You will be provided with a personalised, time-stamped version of these terms through your account.

Data Processing Agreement

When you create a business account, you act as a Data Controller and we act as a Data Processor on your behalf for the lifetime of your account.  You instruct us to Process Personal Data on your behalf in order that you may run a customer relationship management and marketing service for your business using Follco.  Your data subjects might include members of the public in which you have a legitimate business interest who have identified as leads, customers with whom you enjoy a contract or customers without a contract but in which you have a legitimate business interest.  We allow very limited input of Personal Data of your Data Subjects onto the system and restrict this Personal Data to name, email addresses, telephone numbers and postal or physical addresses.  We do not allow you to process special category data or criminal conviction data through your business account and we will not process this data on your behalf.  You warrant to us that Personal Data you upload onto Follco has been collected, processed and transferred in accordance with requirements under applicable Data Protection Law.

You will be responsible for respond to enquiries from Data Subjects and the Data Protection Commission and we will give you our reasonable co-operation in this regard.

We will only process, and transfer internationally if necessary, Personal Data received from you once we have received your instructions which are given by accepting these Terms, unless we are required by law to process Personal Data without these instructions. 

We assure you that any person involved in processing such Personal Data is subject to a duty of confidentiality. 

We assure you that we take all measures required pursuant to Article 32 GDPR (Security of Processing) including but not limited to implementing appropriate technical and organisational measures to protect Personal Data received from you.

You authorise us generally to make use of sub-processors declared in our Privacy Notice.  You can object in advance to each individual sub-processor appointed.   

We ensure that any sub-processors engaged by us are subject to the same data protection obligations as we are to you and that we remain directly liable to you for the performance of a sub-processor’s data protection obligations.

We will assist you by appropriate technical and organisational measures to respond to data subject rights’ requests under the GDPR;

We will assist you to ensure compliance with obligations under the GDPR in relation to security of Data Processing (Article 32 GDPR), notification of data breaches (Articles 33 and 34 GDPR) and data protection impact assessments (Article 35 and 36 GDPR).

We will delete or return the Personal Data received from you to you at the end of the Data Processing on your instruction, unless we are obliged under law to keep any of the Personal Data.

We will make available to you all information necessary to demonstrate compliance with Article 28 of the GDPR and we will reasonably allow for and contribute to audits conducted by you or a third party on your behalf.

 Definitions

By agreeing to these terms, you also warrant that you have read and understood our Privacy Notice