CONDITIONS OF SUPPLY
THESE
CONDITIONS OF SUPPLY (THE "CONDITIONS") APPLY TO THE PROVISION OF
FOLLOWUS SERVICES AND THE SALE OF GOODS BY FOLLOWUS LIMITED. ALL OF THE
TERMS RELATING TO YOUR PURCHASE OF FOLLOWUS SERVICES AND/OR GOODS FROM FOLLOWUS
LIMITED ARE SET OUT BELOW. IF YOU FEEL THAT THESE CONDITIONS DO NOT
ACCURATELY REFLECT YOUR UNDERSTANDING OF WHAT HAS BEEN AGREED, YOU SHOULD LET
FOLLOWUS KNOW SO THAT APPROPRIATE AMENDMENTS CAN BE MADE. IT WILL BE MORE
DIFFICULT FOR YOU TO ENFORCE A TERM THAT YOU THINK HAS BEEN AGREED IF IT IS NOT
AGREED IN WRITING.
THESE
CONDITIONS ARE MADE UP OF 4 PARTS. PARTS 1, 2 AND 4 APPLY TO THE PROVISION OF
THE FOLLOWUS SERVICE. PARTS 1, 3 AND 4 APPLY TO THE PROVISION OF GOODS.
PART ONE - GENERAL
CONDITIONS APPLICABLE TO THE FOLLOWUS SERVICE AND THE SALE OF GOODS
1
meanings
1.1 Certain words used in these Conditions have specific meanings. Where they do they appear in bold text. A
list of these words is set out below:
Activation a process whereby FollowUs verifies that a Target You wish to Track via Your Account is willing to be Tracked by
receiving an confirmatory SMS response to an SMS text sent by FollowUs to the Target's Mobile
Area of
Coverage the areas of GSM coverage of the
SIM card in the Target’s Mobile
Charges the charges for the Goods and Services as described in the Website from time to time
FollowUs FollowUs Limited (registered in England and Wales - company number
04630013) whose registered office is at 4 Clarence House, 152 North Row,
Central Milton Keynes, Buckinghamshire MK9 1AY
Goods transmitters, location devices
and other items provided to You by FollowUs from time to time
Inappropriate anything that:
(1) is or may reasonably be considered to be obscene, indecent, offensive, harassing
or menacing;
(2) violates the rights of any third party (whether in
relation to privacy, publicity, copyright or other intellectual property
rights, confidentiality or otherwise);
(3) is intended to or does cause annoyance, worry or
inconvenience;
(4) that causes or contributes to any defamatory or
libellous act; or
(5) that is otherwise unlawful or promotes or contributes to any unlawful
activity
Location
information as to the location of a Mobile provided by a Network
Location Request Your request to be provided with details
of the Locatio of a Mobile
Location
Credits credits that You purchase via the Website to enable you to use the Service
Mobile
a mobile telephone that is on a Network
Networks
Vodafone, T Mobile, O2 and Orange together with any other
telecommunications network through which the Service can be accessed
from time to time as detailed on the Website
Positional Accuracy
the accuracy within which a Mobile's whereabouts can be established
Privacy
Policy FollowUs's Website privacy policy from time to time
Service
the FollowUs service provided from time to
time by FollowUs in the Area of Coverage,
as detailed in the Service Description
Service
Description the description of the Service appearing on the Website and/or in FollowUs's official published literature from time to time
Target the owner or keeper of a Mobile that is to be Tracked
Tracking
the process of obtaining the Location of a Mobile located in the Area
of Coverage by means of the Service and Tracked shall be
construed accordingly
Us; We; Our
refer to either or both of FollowUs and You
Website
means the websites www.followus.co.uk and www.followgb.co.uk or other sites
and services provided by the companies.
You; Your
refer to the individual to whom FollowUs provides the Service and/or Goods for personal use
2 INTELLECTUAL PROPERTY RIGHTS
2.1
Any and all patents, copyright, trade marks, rights
in designs, know-how, ideas, concepts and technology (in each case whether or
not registered and existing in any part of the world) in or arising from the Service and/or the Service Description and/or the Website and/or FollowUs's published specifications and/or
literature and/or the Goods and/or the software used to deliver the Service belong to FollowUs or its licensors and You have no rights in the same.
3 USE OF THE SERVICE AND/OR GOODS
3.1 You are responsible for ensuring that You use the Service and/or Goods in accordance with all relevant laws
and that You have all permits, licenses, consents and permissions
required for Your use of the Service and/or Goods.
3.2
By supplying the Service and/or Goods, FollowUs does not represent or warrant (promise) that the use of the Service and/or Goods for any particular purpose is legal in the Area of
Coverage or in any other area.
3.3 You must not use the Service and/or Goods in any way which
is Inappropriate. You shall not give FollowUs any inaccurate or misleading information when creating an Account or
using the Service.
3.4 FollowUs shall not be bound by any
typographical or obvious error contained in the Website.
3.5
If You have any complaints regarding the Goods and/or the Services, You may refer them by e-mail or in writing to FollowUs’s postal address above or by e-mail at the
address on the Website.
4
liability
4.1
Nothing in these Conditions will limit or exclude FollowUs's liability for death or personal injury caused by its negligence, a breach of
the warranties in clauses 9.2 and 15 or, if you are a consumer, a breach of Your statutory rights.
4.2
Except under clause 4.1, neither of Us will be liable for any loss or
damage suffered or incurred by the other in relation to the Goods and/or Service unless, at the time the Goods and/or Service in
question was provided, that loss was reasonably foreseeable result of the
relevant negligence or failure to comply with these Conditions.
4.3 You acknowledge that the Service and/or the Website may
not be continuously available and FollowUs shall not be liable to You for occasional
interruptions in the availability of the Service and/or the WebSite.
4.4
If You are a business:
4.4.1 Save
as provided in clause 4.1 FollowUs’s total
aggregate liability under any claim or series of claims arising from any one
act or default of FollowUs howsoever such
claim or claims arise (be it by negligence, breach of contract,
misrepresentation or otherwise) shall in no circumstances exceed £50,000.
4.4.2 Save as
provided in clause 4.1, FollowUs shall not
have any liability to You unless a claim is
brought within 6 months of the date You was or ought to have been aware
of the circumstances giving rise to the claim.
4.4.3 FollowUs shall not be liable for any claim to the
extent that the claim relates to loss of profits, goodwill, anticipated
savings, business opportunity, data or use of data, injury to reputation, third
party losses or indirect, consequential or special loss or damage regardless of
the form of action, whether in contract, strict liability or tort (including negligence)
and regardless of whether FollowUs knew or had
reason to know of the possibility of the loss, injury or damage in question.
4.5
In the event that You have any right, claim or action against any other
user of our Service, you agree to pursue such right, claim or action
independently of and without recourse to FollowUs,
and You release FollowUs (and our
parent, subsidiaries, affiliates, officers, directors, agents and employees)
from all claims, liability, damages, losses, costs and expenses, including,
without limitation, legal fees arising from or in any way connected with such
right, claim or action.
5 FORCE MAJEURE
Neither of Us will be liable for any failure (other than a failure to
pay money) to comply with Our respective obligations under these Conditions to the extent that such failure results from circumstances beyond Our respective reasonable controls (including, without limitation, failures by FollowUs’s third party suppliers).
6
NOTICES
6.1
If FollowUs needs to write to You or serve a notice on You, it will do so by
first class post, facsimile or email sent to Your address or number
provided when You opened Your Account. If You need to write to FollowUs or serve a notice on FollowUs, You should do so by first
class post, facsimile or email to FollowUs's address or number on the Website from time to time. You must notify FollowUs in this way if You change Your address or facsimile number.
Any notice or communication sent by either of Us in this way will be
presumed to have been received by the other two (2) days after the day on which
the notice or communication was posted or, in the case of a facsimile or email
sent before 2pm on a working day, on the day of sending and, if sent after 2pm
on a working day or at any time on a day that is not a working day, on the next
working day after the day of sending. Working days are all days except
Saturdays, Sundays and public or bank holidays.
7 DATA PROTECTION AND GENERAL PROVISIONS
7.1 FollowUs meets the criteria laid down by the
"Code of Practice for the Use of Mobile Phone Technology to provide
Passive Location Services". FollowUs may suspend or terminate Your
Account if FollowUs has reasonable cause to believe that Your use of the Service would or might cause FollowUs to be in breach of this Code of Practice or any law or
regulation.
7.2 FollowUs will deal with Your personal data and Targets’ personal data in accordance with its Privacy Policy, a copy of which appears on the Website.
7.3 FollowUs operates a security policy whereby
the mobile phone numbers of Targets are held on a central database. This
database holds Your contact information against Targets' Mobiles. Where a new customer adds the same Mobile number onto a new account, the FollowUs system
automatically sends an e-mail to You, the new customer and other
customers Tracking that Mobile, detailing that such an action has
taken place by naming both the Target's Mobile number giving the names
and contact numbers of You, the new customer and such other
customers.
7.4 FollowUs may make changes to these Conditions from time to time. If FollowUs does so, no such change will apply to Your purchase of Goods and/or Service unless FollowUs told You about that change in writing, by email
or posted on the FollowUs news section of the sites before You purchased
the Service and/or Goods. You should not assume that, if You buy Goods and/or the Service or submit a Location Request on more than one occasion, these Conditions will be the same for each purchase and You should read the then current version
of these Conditions carefully each time You buy Goods and/or the Service or submit a Location Request to FollowUs.
7.5 You may not transfer or assign Your rights or obligations in relation to the Service and/or any Goods without FollowUs's prior written
permission. FollowUs may transfer or
assign its rights and/or obligations if FollowUs does so, it will provide You with written
notice of the transfer or assignment.
7.6
If either of Us choose not to enforce any right
that We may have under these Conditions We will not be
prevented from relying upon that right should We choose to do so at a
later date.
7.7
If a court or other regulatory body decides that any part of these Conditions is not enforceable, the remaining parts of these Conditions will still
apply to Your purchase of and FollowUs's sale of Goods and/or Services.
7.8
Our agreement
only gives rights to and places obligations upon Us.
No other person or company has any rights under Our agreement or may enforce it against either of Us.
7.9
Our agreement
is governed by the relevant United Kingdom law (England and Wales, Scotland or
Northern Ireland) and any disputes under it will be decided by the relevant
courts of the United Kingdom.
PART TWO - CONDITIONS APPLICABLE TO
THE PROVISION OF THE SERVICE
8 PAYMENT
8.1
Before using the Service, You must purchase Location Credits. You must pay FollowUs its then current charge for Location Credits at the time of purchase.
8.2
Various aspects of the Service cause deductions from the Location
Credits in Your Account. These include you requesting that a Mobile be Tracked, requesting a zoom feature on a map showing a Location but also include deductions for the SMS messages that we from time to time send
to Targets’ Mobiles to confirm that they still wish to be Tracked and for unsuccessful Location Requests. Further details of these
deductions are available on the Website.
8.4 Location Credits expire 6 months after they have been purchased.
Expired Location Credits may not be used to purchase Services and FollowUs shall not refund the value of expired Location Credits. If FollowUs agrees that You may
close an Account and reopen a new Account, we will transfer
unused Location Credits to your new Account but only if the
number of unused Location Credits exceeds 25.
9 PROVISION OF SERVICE
9.1
In consideration of Your payment of the Charges, FollowUs will provide the Service in accordance with the Service Description, subject to these Conditions.
9.2 FollowUs warrants (promises) that it is legally
entitled to provide the Service and that it will provide the Service with reasonable care and skill. FollowUs does not
give an warranty in relation to and does not have any
liability for:
9.2.1 the Positional Accuracy of the Service;
9.2.2
any failure, inaccessibility or downtime (whether planned or otherwise) in any Network which results in a Location Request not revealing the whereabouts of any End-User,
either accurately or at all;
9.2.3 the withdrawal of any Network from the Service;
and
9.2.4
any failure of or, its inability to provide, Tracking due to the Target's Mobile being switched off, having insufficient charge or being
temporarily or permanently disconnected from a Network.
9.3
By subscribing to the Service, You agree that in respect of any Mobile that You require to be Tracked,
the Networks may provide the Location of the Mobile to FollowUs whenever FollowUs seeks to locate the Target.
9.4
Any and all equipment provided to You by FollowUs for the purpose of or, in connection with, the provision
of the Service (if any) will at all times remain the property of FollowUs and save to the extent necessary to allow You to
receive the Service, You will acquire no rights in or to the
same. You agree that You will take good care of any equipment provided and will,
upon cancellation of the Service, promptly deliver up to FollowUs in good condition (fair wear and tear excepted).
9.5
In registering for the Service, You consent and understand that: (a) Your and
the Target’s Location will be used in the delivery of the Service;
(b) FollowUs may be obtaining Your and
a Target’s Location from the relevant Network provider or location device and
accordingly you authorise and will ensure that
each Target authorises the relevant Network provider to release and deliver Location information to FollowUs in accordance with the provisions of the Data Protection
Act 1988; (c) Your and the Target’s Location will be used to provide map or text
location information to You identifying the location of that Mobile or location device - this information will form part of that Mobile’s or SIM’s history of movement; and (d) Location information will be issued when Your or a Target’s Location is requested.
10
TARGETS
10.1 You acknowledge and accept that FollowUs's ability
to provide the Service is dependent upon:
10.1.1 the Target consenting to be Tracked by following Activation;
10.1.2 the Target not withdrawing its consent to being Tracked;
10.1.3 the Target's Mobile being connected to a Network and being switched on and sufficiently charged to enable it to be Tracked;
10.1.4 the Target being in the Area of Coverage when a Location Request is made.
10.2 You will
be responsible for procuring each Target's initial consent to be Tracked in accordance with clause 11.3. FollowUs will periodically contact all Targets Tracked via a Log on Account or Web
Account directly via sms text to confirm their consent to be Tracked. FollowUs will not be liable for any failure to
provide the Service to the extent that such failure is a
result of any Targets refusing or withdrawing its consent to
be Tracked. You shall not interfere with
the Activation process or the Target’s Mobile in order to prevent a fully informed
consent by the Target to being Tracked.
10.3 You acknowledge that Targets have the right to withdraw from the Service at any time and that FollowUs shall be bound to comply with any such
withdrawal with immediate effect.
11 YOUR OBLIGATIONS
11.1 You agree to comply with these Conditions at all times in relation to Your use of the Service.
11.2
Any user name or password issued to You is personal to You and You may not disclose the same to any third
party or allow any third party to use the Service using such user name
or password.
11.3 You may not use the Service to provide mobile 'phone location verification
or similar services to any third party.
11.5 You warrant that You are over 18 years of age and that, save for
those Targets under the age of 16 in respect of which You have
provided FollowUs with such evidence as FollowUs may require proving Your relationship of parent or legal guardian to such Target, You warrant that no Target is less than 16 years of age.
11.6 You acknowledge that:
11.6.1 Positional Accuracy is a function of the density of mobile phone masts
and/or cell IDs in any particular area and therefore Positional Accuracy is better when Mobiles being Tracked are
located in urban areas as opposed to rural areas.
11.6.2 Positional Accuracy can be affected by a number of other factors such as
cell availability on the relevant Network, Network up-time, Network
maintenance, Mobile signal strength and atmospheric conditions;
11.6.3 FollowUs cannot guarantee and, accepts no
liability in relation to, the Positional Accuracy of any Location;
and
11.6.4 FollowUs cannot accept liability for Your inability to
use the Service because of any failure of internet connectivity.
12 CANCELLATION
AND SUSPENSION
12.1 You may withdraw from the Service at any time and with immediate effect by
writing an e-mail to that effect to the address set out in the Website but You shall not be entitled to a refund of Location
Credits you have purchased before you withdrew.
12.2 FollowUs may discontinue the provision of the Service without penalty or liability at any time by serving You with not less than one months' written notice.
12.3 FollowUs shall be entitled to cancel the
provision of the Service to You without refund penalty or
liability forthwith on giving notice in writing to You if:
12.3.1 You commit
any material breach of any term of these Conditions and (in the case of
a breach capable of being remedied) shall have failed, within 30 days after the
receipt of a request in writing from FollowUs so to do, to remedy the breach; or
12.3.2 You become
bankrupt or insolvent or if you are a business enter administration or if a receiver is appointed over any of Your assets.
12.4 FollowUs is entitled without penalty or liability to
suspend the Your access to the Service at any time immediately
upon written notice in the event that You use or FollowUs has reason to believe that You are using the Service in any way
that is Inappropriate.
13 EFFECT OF CANCELLATION
13.1 Any
cancellation or suspension of the Service will not affect any other
rights or remedies that either or both of Us may be entitled to under these Conditions or at law.
13.2
Upon cancellation of Service FollowUs will cease the provision of the Service to You
PART THREE - CONDITIONS
APPLICABLE TO THE SUPPLY OF GOODS
14 PROVISION OF GOODS
14.1 In
consideration of Your payment of the Charges, FollowUs will provide the Goods,
subject to these Conditions.
14.2 No
order for Goods will be binding until it has been accepted by FollowUs in writing.
14.3 FollowUs will use reasonable endeavours to deliver the Goods to You within 28
days of the date upon which Your order is accepted by FollowUs but time of delivery shall not be of the
essence.
14.4
Risk in the Goods will pass to You on
delivery. You should insure and protect the Goods from the date
of delivery until such time as title to the same passes to You.
14.5
Title to the Goods will not pass to You until FollowUs has received payment of all
sums due to it from You.
14.6
Illustrations, descriptions and dimensions in FollowUs’s catalogue, price list or other documents, are approximate only and are intended
only to present a general idea of the Goods to which they refer and
shall not form part of the agreement between us nor shall they
constitute representations or warranties, express or implied nor in any event
shall FollowUs be liable in respect
thereof. FollowUs reserves the right to
change specifications without prior notice at its absolute discretion.
14.7
With FollowUs’s agreement, and if You are a business, You may purchase Goods other than through the Website. In this case:
14.7.1 these Conditions are the only terms that apply to such purchase to the
exclusion of all other terms issued by You unless any additional terms
are agreed in writing by FollowUs;
14.7.2 any quotation FollowUs provides for Goods will only be
valid for a period of 28 days and is not a contractual offer; and
14.7.3 to the extent not inconsistent with these Conditions, delivery, risk and
title to the Goods shall be effected Ex-Works (Incoterms 2000) from FollowUs’s UK warehouse.
14.8 If
you are a business and if FollowUs agrees to
accept a return of Goods order by You, FollowUs may apply a restocking fee.
15
WARRANTIES AND LIABILITY
FollowUs will where possible use reasonable endeavours to pass to You the benefit of any warranties given by the manufacturer of the Goods.
If You are a business, these warranties (if any) will be your sole
remedy in the event that the Goods are defective in any way and FollowUs hereby excludes all warranties that may be
implied into these Conditions by the operation of law.
16
PAYMENT
16.1 You must pay FollowUs the Charges for the Goods in the manner set out below. All payments must be made in pounds sterling (£)
without set off or deduction by the method of payment detailed below. All Charges are exclusive of VAT and the costs of delivery which shall be paid by You in addition to the Charges. FollowUs's current delivery charges appear on the Website.
16.2
Payment of the Charges must be made by debit or credit card in accordance
with the instructions on the Website.
PART FOUR - CANCELLATION
17
RIGHTS OF CANCELLATION
17.1
If your are not a business, You may cancel Your order for Goods at any time during the 7 working days after the day upon
which Your Goods are delivered to You and receive a full refund
of the monies paid by You in respect of the returned Goods and
their delivery to You less any costs incurred by FollowUs on your behalf and which will be a minimum of GBP2.50. Working days are
all days other than Saturdays, Sundays and public holidays. You may make this cancellation by writing to FollowUs at the postal or email address on the Website. Following receipt of Your notice of cancellation, FollowUs will either ask You to return the Goods (at Your own
expense) or will arrange for the Goods to be collected from You. FollowUs serves the right to deduct the direct cost
of such collection from the monies refunded to You unless You are
cancelling an order for substitute Goods (alternative Goods provided by FollowUs when the Goods You ordered were out of stock or unavailable) in which case FollowUs will pay Your costs of returning/its own costs of collecting the
substitute Goods. You are under a legal duty to keep possession
of and take reasonable care of any Goods that you wish to return under
this right to cancel.
17.2
If you are not a business, You may cancel Your order for the Service at any time during the 7 working days after the
day upon which the contract for the provision of the Service was
concluded and receive a full refund of the monies paid in respect of those Services. FollowUs will begin providing the Service to You when You open Your Account.
Each Location Request shall be treated as a separate contract for Service and you shall not be entitled to cancel the contract for Service in
respect of that Location Request once it has been completed.
Privacy Policy
FollowUs Limited is registered under the Data Protection Act under registration number
Z7684831
By
accepting the Privacy Policy and FollowUs Site and
User Agreement, you expressly consent to our use and disclosure of your
personal information in the manner prescribed in this Privacy Policy.
This
Privacy Policy is incorporated into and subject to the terms of the FollowUs Site and User Agreement. FollowUs strongly recommends that as you read this Privacy Policy, you click on such
links to obtain further important details about the Privacy Policy, as they may
contain further terms and conditions, which apply to you as a FollowUs member. Please note that your Information will be
stored and processed on our computers in the UK. FollowUs will use reasonable endeavours to hold and transmit
your Information in a safe, confidential and secure environment. FollowUs will never sell or rent your personal information
to third parties except as described in this Privacy Policy. If you object to
your Information being transferred or used in this way please do not register.
Special Note:
The www.wanderingindementia.co.uk/.com platform has been developed in conjunction with Dr Rupert McShane of Oxfordshire and Buckinghamshire Mental Healthcare
Trust. For the purposes of medical research, information may be made available
to Dr McShane in a personally identifiable form. It will be treated with the degree of confidentiality
demanded by all medical research data, in accordance with policies governing
medical research in the NHS. In particular, such data will never be
published in a personally identifiable form unless express written consent has
been previously obtained from you, the person tracked or their family.
You
may be contacted by Dr McShane or a member of his
team to ask for feedback on the usefulness of the system and other relevant
matters. Any such research, including the details of such questions, and
the manner of approach will have been reviewed by a Research Ethics Committee.
You will always be entirely at liberty to decline to answer such questions,
in which case your care and your ability to use the system will remain entirely
unaffected.
1.
Overview
Your
Privacy is very important to us. Our privacy practices are held to high
standards. As part of the normal operation of our services we collect and, in
some cases, may disclose information about you. This Privacy Policy describes
the information we collect about you and what may happen to that information.
Although this policy may seem long, we have prepared a detailed policy because
we believe you should know as much as possible about FollowUs practices so that you can make informed decisions. The privacy practices of
this statement apply to FollowUs. All other FollowUs companies operate under similar privacy practices
as described in this Privacy Policy and, subject to the requirements of
applicable local law, we strive to provide a consistent set of privacy
practices throughout the global FollowUs trading
community As described below, some of your personally identifiable information
is disclosed to third parties and used by us and third parties. By accepting
the Privacy Policy, you expressly consent to our use and disclosure of your
personally identifiable information.
2.
Information We Collect
Our
primary goal in collecting personal information is to provide you with a
smooth, efficient, and customised experience. This
allows us to provide services and features that most likely meet your needs,
and to customise our service to make your experience
easier. Under some circumstances we may require some additional financial
information, such as, but not limited to credit card details, or registering to
buy on our site. We use this financial information, including to verify your
name, address, and other information, as well as to bill you for your use of
our services. If you send us personal correspondence over and above the
information supplied on registration, such as emails or letters, or if other
users or third parties send us correspondence about your activities or postings
on the Website, we may collect such information into a file specific to you. If
you register for FollowUs on another web site or use
a web site providing a service for FollowUs or a web
site that helps facilitate your activity on FollowUs, that web site may provide personal information
about you and your transactions back to FollowUs.
3.
Our Use of Your Information
We
use information in the files we maintain about you, and other information we
obtain from your current and past activities on the Website, to resolve
disputes, troubleshoot problems and enforce our User Agreement. At times, we
may look across multiple users to identify problems or resolve disputes, and in
particular we may examine your information to identify users using multiple
User IDs or aliases, which are strictly prohibited within this site. Please
note that your personally identifiable information will be stored and processed
on our computers in the UK. You agree that we may use personally identifiable
information about you to improve our marketing and promotional efforts, to analyse site usage, improve our content and product
offerings, and customise our site's content, layout,
and services. These uses improve our site and better tailor it to meet your
needs. You agree that we may use your information to contact you and deliver
information to you that, in some cases, are targeted to your interests, such as
targeted banner advertisements, administrative notices, product offerings, and
communications relevant to your use of the Site. By accepting the Privacy
Policy, you expressly agree to receive this information. If you do not wish to
receive these communications, we encourage you to opt out by mailing us at optout@followus.co.uk.
4.
Our Disclosure of Your Information
Due
to the existing regulatory environment, we cannot ensure that all of your
private communications and other personally identifiable information will never
be disclosed in ways not otherwise described in this Privacy Policy. By way of
example (without limiting the foregoing), we may be requested or forced to
disclose information to the government, law enforcement agencies or third
parties under certain circumstances, third parties may unlawfully intercept or
access transmissions or private communications, or users may abuse or misuse
your information that they collect from our Website. Therefore, although we aim
to use industry standard practices to protect your privacy, we do not promise,
and you should not expect, that your personally identifiable information or
private communications would always remain private. As a matter of policy, we
do not sell or rent any personally identifiable information about you or your
location to any third party. However, the following describes some of the ways
that your personally identifiable information may be disclosed.
Advertisers
We
aggregate (gather up data across all user accounts) personally identifiable
information and disclose such information in a non-personally identifiable
manner to advertisers and other third parties for other marketing and
promotional purposes. However, in these situations, we do not disclose to these
entities any information that could be used to identify you personally. Certain
information, such as your name, address, email address, password, or other
personal information ARE NEVER disclosed to marketing advertisers.
External
Service Providers
There
are a number of services offered by external service providers that help you
use our Website (e.g., co-branded sites, listing agents, escrow,
authentication, credit card payments). If you use these services, and in the
course of doing so, disclose information to the external service providers,
and/or grant them permission to collect information about you, then their use
of your information is governed by their privacy policy. We may, for your
convenience, provide some of your personally identifiable information to the
external service provider offering such services. However, before we disclose
your personally identifiable information to an external service provider, you
will see what data is about to be sent and have the ability to approve the
disclosure. To prevent our disclosure of your personally identifiable
information to an external service provider, you can decline such disclosures
or simply not use their services. Because we do not control the privacy
practices of these third parties, you should evaluate their practices before
deciding to use their services.
Internal
Service Providers
We
may use internal service providers to facilitate our services (e.g., search,
discussion boards, surveys) and therefore we may
provide some of your personally identifiable information directly to them. In
some instances, the internal service provider may collect information directly
from you (such as the situation where we ask a internal service provider to conduct a survey for us). In these cases, you will
be notified of the involvement of the internal service provider, and all
information disclosures you make will be strictly optional. In all cases, these
internal service providers' use of information we supply them is restricted by
confidentiality agreements. If you provide additional information to an internal
service provider directly, then their use of your information is governed by
their applicable privacy policy.
Other
Corporate Entities
We
share much of our data, including personally identifiable information about
you, with our parent, external affiliate resellers, subsidiaries and joint
ventures that are committed to serving your online needs and related services.
To the extent that these entities have access to your information, they will
treat it at least as protectively as they treat information they obtain from
their other users. Our parent, external affiliate resellers, subsidiaries and
joint ventures follow privacy practices no less protective of all users than
our practices described in this document, to the extent allowed by applicable
law. It is possible that FollowUs, its subsidiaries,
its joint ventures, or any combination of such, could merge with or be acquired
by another business entity. Should such a combination occur, you should expect
that FollowUs would share some or all of your information
in order to continue to provide the service. You will receive notice of such
event (to the extent it occurs) we will require that the new combined entity
follow the practices disclosed in this Privacy Policy.
Legal
Requests
FollowUs co-operates with law enforcement inquiries, as well as other third parties to
enforce laws, such as: intellectual property rights, fraud and other rights. We
can (and you authorise us to) disclose any
information about you to law enforcement or other government officials as we,
in our sole discretion, believe necessary or appropriate, in connection with an
investigation of fraud, intellectual property infringements, or other activity
that is illegal or may expose us or you to legal liability including where we
reasonably believe that you are seeking to track a person without their
knowledge. Further, we disclose your User ID, name, street address, county,
postcode, country, phone number, email, and company name to government
authorities, court or lawyers pursuant to an action including any additional
information we may store as we believe necessary or appropriate in connection
with any investigation of unlawful activity.
5.
Your Use of Other Users' Information
By
accepting this Privacy Policy, you agree that, with respect to other users'
personally identifiable information that you obtain through the Site or through
a FollowUs-related communication. FollowUs hereby grants to you a license to use such information only for using services
offered through FollowUs.
6.
Control of Your Password
You
are responsible for all actions taken with your User ID and password, including
fees. Therefore, we do authorise you to disclose your FollowUs password to any third parties without our
written consent - Please see Clause 11.2 of our Site and User Agreement. If you
disclosure your User ID and password or your information with third parties,
then you are responsible for all actions taken with your User ID and password
and therefore you should review that third party's privacy policy. If you lose
control of your password, you may lose substantial control over your personally
identifiable information and may be subject to illegally binding actions taken
on your behalf. Therefore, if your password has been compromised for any
reason, you should immediately change your password. This functionality is
available at the location page of the FollowUs website post login.
7.
Other Information Collectors
Since FollowUs does not control the privacy policies of third
parties, you are subject to the privacy policies of that third party. We
encourage you to ask questions before you disclose your personal information to
others.
8.
Security
FollowUs aims to use industry standard practices to safeguard the confidentiality of
your personal identifiable information, including "firewalls". FollowUs treats data as an asset that must be protected
against loss and unauthorised access. We employ
different security techniques to protect such data from unauthorised access by users inside the company. However, "perfect security" does
not exist on the Internet.
9.
Cookies
The
Website may use text files known as 'cookies' to gather information. Cookies
can store information about your preferences on a particular site and many web
sites use them to provide useful features to their customers.
Cookies
in themselves do not personally identify users although they can identify a
user’s computer. If you prefer, you can set your browser to refuse cookies (see
below). However, you may not be able to take full advantage of all the
functionality of our web site if you do so.
The
Information Advertising Bureau provide in depth information about cookies. The
IAB site also tells you how to remove cookies from your browser and to set your
browser to refuse cookies. Please see http://www.allaboutcookies.org/manage-cookies/ for details.
10.
Notice
We may
change this Privacy Policy from time to time based on your comments and our
need to accurately reflect our data collection and disclosure practices. All
changes to this policy are effective after thirty (30) days' from posting any
revised Terms and Conditions on the FollowUs website.