Terms & Conditions & Privacy Policy

Terms and Conditions – Freelancer

LAST UPDATED ON: 17 March 2022

These Terms and Conditions for Freelancer (“Terms and Conditions” or “Agreement”) is made and entered into by and between Flow Digital Ltd. (“Flow Marketplace”, “we”, “us”, or “our”), a company registered in England and Wales under company number 08738226. Our registered office and principal business address is at Adamson House 4th Floor, 65 Westgate Road, Newcastle Upon Tyne, England, NE11SG, and any person who accesses and uses the Platform, by checking a box agreeing to all the Terms and Conditions when creating an Account.

Please read these Terms and Conditions and our Privacy Policy carefully which is incorporated by reference into these Terms and Conditions. If you do not agree with these Terms and Conditions, you must stop using or accessing the Platform immediately. Failure to use our Platform in accordance with these Terms and Conditions may subject you to civil and criminal penalties. By accessing and /or using our Platform, or by checking a box agreeing to all the Terms and Conditions when creating an Account. Use of our Platform is also subject to additional terms, conditions, and policies that we separately post on our Platform or provide to you.

1. KEY TERMS

    1. Account” means the account that Users are required to create on the Platform to use the Platform Services;
    2. Buyer” means any authorized User using the Platform or Platform Services, to seek and/or obtain Freelancer Services;
    3. Buyer Profile” means the profile of the Buyer on the Platform;
    4. Confirmed Project” or “Project confirmation” means when the payment for a Project has been done by the Buyer and received by the Platform;
    5. Content” means any and all text, graphics, images, music, video, audio, usernames, user photos, user videos and any other information, including the display of delivered project and any other information/material, which are available on the Platform. Content includes, without limitation, User Content and Flow Marketplace Content;
    6. Flow Marketplace”, “we”, “us” and “our” collectively mean Flow Digital Ltd.;
    7. Freelancer”, “you” and “your” collectively mean any authorized User using the Platform or Platform Services, to provide or advertise Freelancer Services to Buyers.
    8. Freelancer Services” means all the services performed for or delivered to Buyers by Freelancers, as listed on the Freelancer’s Profile on the Platform;
    9. Freelancer Profile” means the profile of the Freelancer on the Platform;
    10. Party” and “Parties” means Flow Marketplace and Freelancer, referred to individually and collectively respectively;
    11. Personal Data” means any data related to a specific natural person or related to a natural person that can be identified directly or indirectly by linking the data, including but not limited to an individual’s name, voice, image, identification number, electronic identifier, geographical location;
    12. Platform” means the Website and/or Flow Marketplace’s application for mobile devices;
    13. Platform Services” means the online and offline services provided by and via Flow Marketplace;
    14. Project” means an engagement for Freelancer Services that a Freelancer provides to a Buyer under a Service Contract;
    15. Service Contract” means a contractual relationship directly between the Buyer and the Freelancer with respect to a Project;
    16. User” means any person, company or organization that has visited or is using the Platform or the Platform Services; and it includes, without limitation, Buyer, and Freelancer; and 
    17. Website” means marketplace.flow.co.uk.

2. MODIFICATION OF TERMS AND CONDITIONS

We may modify the Terms and Conditions at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms and Conditions on the Platform or through other communication means. It’s important that you review the Terms and Conditions whenever we modify them because if you continue to use the Platform Services after we have posted the modified Terms and Conditions on the Platform, you are indicating to us that you agree to be bound by the modified Terms and Conditions. If you don’t agree to be bound by the modified Terms and Conditions, then you may not use the Platform Services anymore. Since our Platform Services are evolving over time we may change or discontinue all or any part of the Platform Services, at any time and without notice, at our sole discretion.

3. HOW FLOW MARKETPLACE WORKS

    1. Flow Marketplace is an online freelance marketplace, acting as a simple, easy-to-use Platform to hire Freelancers. Flow Marketplace brings together Buyers and Freelancers, streamlining the process of acquiring additional help for growing businesses who need an extra pair of hands.
    2. Freelancers are referred to as ‘Experts’ on the Platform and can list their Freelancer Services via their Freelancer Profile which can then be purchased by Buyers.
    3. A broad range of freelance services can be advertised and purchased on the Platform, covering many aspects of digital marketing, ecommerce management and website development.
    4. Buyers are free to browse the Freelancer Services on the Platform, discuss Projects with Freelancers directly and make a Freelancer an offer if they have a specific Project requiring a more bespoke approach.

4. REPRESENTATIONS

Each Party hereby represents that:

    1. The Parties have the power, capacity, and authority to enter into and perform its obligations under this Agreement. 
    2. This Agreement is legal and binding on such Party. 
    3. The execution, delivery, and performance of this Agreement will not violate the provisions of any contract or other undertaking or instrument to which it is a party, or which is binding upon it or any of its assets. 
    4. The Parties will perform all acts, conditions and things required to be done, fulfilled, and performed in order: (i) to enable it lawfully to enter into, exercise its rights under and perform its obligations expressed to be assumed by it in this Agreement; (ii) to ensure that the obligations expressed to be assumed by it in this Agreement are legal, valid, and binding; and (iii) to make this Agreement admissible in evidence in the jurisdiction in which it is incorporated, have been done, fulfilled, and performed. 

5. ACCOUNT REGISTRATION

    1. To start building and growing businesses, create your Account on Flow Marketplace. When creating your Account, you need to check the ‘Freelancer’ option when signing up. Once you’ve completed the sign-up process you’ll have access to your Freelancer Profile, from which you can manage Projects, send, and receive messages, post your Freelancer Services and more.
    2. Any information provided in relation to creating an Account on the Platform will be subject to our Privacy Policy. The mobile numbers and email addresses provided will be used for the purpose of verification and may be used by us for marketing and communication purposes. We reserve the right to request additional information from a Freelancer (such as a valid ID copy) in order to verify your identity. The use of a VPN, proxy, VoIP number or any other means of concealing your true location will lead to delays, like ID check and possible cancellation of the associated Project. The mobile number that you provide may be subject to geographic location checks in order to verify the authenticity of the User.  
    3. Each Freelancer is responsible for maintaining the security of their Account and for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and your Account updated. You may not share your password with unaffiliated third parties. You agree to notify us immediately of any unauthorized use of Account, or any other breaches of security. You are fully responsible for all uses of your password, Account and username, or registration, whether by you or others. Flow Marketplace is authorized to act on instructions received through your Account and is not liable for any loss or damage arising from your failure to comply with this Clause 5.
    4. Whilst we are based in the United Kingdom, we welcome Freelancers from all over the world. When creating your Freelancer Profile and posting Freelancer Services, there will be a section that allows you to set your location. You aren’t restricted to Buyers within your location for the majority of Freelancer Services, but in the instance, you do require someone within close proximity, this will show you which country the Buyer is located.
    5. Before you can start accepting or pitching for Projects, you need to verify your identity by submitting a clear photograph of your passport or driving license and any other information that may be needed for identification purposes. Once a member of our team has verified your identity, you’ll be notified, and restrictions will be lifted from your Account, and you will be eligible to start posting Freelancer Services on your Freelancer Profile.
    6. Your Account, including any information pertaining to it (e.g., contact information, Account history, etc.), is strictly personal to you. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account.
    7. By creating an Account or using the Platform, you consent to us contacting you about your interest in our Platform and Platform Services by email, mobile, or through any other contact information you have chosen to provide.
    8. Freelancers who wish to not to receive offers from us may notify us at any time via one of the contact methods listed in the Contact Us section on the Platform.

6. PLATFORM

    1. To ensure the best chance of being hired, we advise you to spend some time making sure your Freelancer Profile contains all of the information a Buyer would need to know before choosing to hire you. This is your chance to showcase your work and skills. Your Freelancer Profile should include your experience to date, qualifications, and a portfolio of previous work, which can be added via the ‘Manage Portfolios’ section of your Freelancer Profile menu.
    2. You can keep track of your Projects via a dedicated section of your user Freelancer Profile i.e., the ‘Manage Projects’ section, you will see a list of Projects in progress, as well as completed and cancelled Projects in this section. For completed Projects you can view Project history, which includes any correspondence you’ve had with the Buyer. Here you can communicate with Buyers and keep them up to date on the progress of their Project. Once finished, the Buyer will be required to mark the Project as complete and can leave a review which will appear on your Freelancer Profile.
    3. If you are receiving a lot of Projects or want to limit the number of Projects you can receive, you can implement a ‘Queue’. This indicates to the Buyer how many clients are in the virtual Queue before they are, giving an indication of how long they may be waiting to work with you.
    4. We have an in-built rating system on the Platform, where a score will be assigned to you based on, including but not limited to, your performance, successful Project completion and Buyer feedback. This score is assigned to each Freelancer solely at our discretion and will be publicly available against the Freelancer’s Profile.

7. FREELANCER SERVICES

    1. The Freelancer must produce and supply to the Buyer a proposal, in respect of the Freelancer Services, setting out how the Provider proposes to meet the Project requirements of the Buyer, and the Total Fee for the Project (“Proposal”).
    2. It is up to the relevant Buyer and Freelancer whether they want to work together and on what terms. Once the Platform has introduced the Buyer to the Freelancer or vice versa, the Freelancer has supplied to the Buyer and the Buyer has review the Proposal, the Parties, may at their sole discretion, decide whether to proceed or not and agree between themselves the terms and conditions of the Service Contract, whether verbally or in writing.
    3. You acknowledge, agree, and understand that Flow Marketplace is not a party to any Service Contract, that the formation of a Service Contract between the Users will not, under any circumstance, create an employment or other service relationship between Flow Marketplace and any User or a partnership or joint venture between Flow Marketplace and any User.
    4. With respect to any Service Contract, Buyers and Freelancers may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.) provided that any such agreements do not conflict with, narrow, or expand Flow Marketplace’s rights and obligations under these Terms and Conditions.

8. LICENSE GRANT 

Flow Marketplace, subject to these Terms and Conditions, provides the Freelancer a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Platform (and other items displayed on the Platform for download) only for purposes of using the Platform in accordance with these Terms and Conditions. The usage, reproduction, modification, distribution, or storage of any Content available on the Platform is expressly prohibited, without the prior permission from us, for purposes other than using the Platform consistent with these Terms and Conditions.

9. RIGHTS AND DUTIES OF A FREELANCER

    1. Eligibility
      1. The Freelancer hereby declares to have sufficient level of knowledge and experience for providing the Freelancer Services as a pre-requisite and that all information disclosed to us is legitimate and true. The Freelancer shall furnish all documents and licenses that may be required under the applicable law for the performance of Freelancer Services. The Freelancer shall maintain at all times and adhere to all applicable laws and rules in the territory from which the Freelancer operates during the period of this Agreement.
    2. Refusal of Service
      1. The Freelancer has a right to refuse Freelancer Service to a Buyer without adversely affecting their own rating on the Platform provided such refusal of Freelancer Service happens before Project Confirmation by the Buyer. The Freelancer may refuse Freelancer Service a maximum of two (2) times in any given month.
    3. Authorisation
      1. The Freelancer hereby authorizes Flow Marketplace to make use of their name, likeliness, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Platform Services and the Content. The Freelancer waives any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law. 
      2. The Freelancer hereby authorizes Flow Marketplace to save and store all or any part of the Content posted by the Freelancer for quality control and for delivering, marketing, promoting, and demonstration purposes. 
    4. Relationship with Buyers
      1. The Freelancer shall be courteous towards Buyers and refrain from using abusive language or anything that may negatively impact the sentiments of the Buyers on matters, including but not limited to religion, culture, sex, age, and beliefs. 
      2. The Freelancer shall not contact the Buyers for services other than those offered by Flow Marketplace.
      3. The Freelancer shall not obtain any extraneous personal information from the Buyers (unless approved by the us in writing solely for the provision of Platform Services) nor share such details with any person or entity. 
    5. Quality Service
      1. The Freelancer shall ensure that the quality of the Freelancer Services they offer is at least on par with the standards of the respective industry.
    6. External Links on the Platform
      1. The Freelancer shall not post any links on the Platform, which may redirect the Users to other websites and platforms.
    7. Prohibited Activities
      1. The Freelancer shall not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous Content or information on the Platform. 
      2. The Freelancer shall not post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Platform or to any User and/or Buyer.
      3. The Freelancer shall not use the Platform for business other than providing Freelancer Services to Buyers. 
      4. The Freelancer shall not impersonate another person or gain unauthorized access to another User’s Account. 
      5. The Freelancer shall not interfere with or otherwise prevent other Freelancers from providing their Freelancer Services on the Platform. 
      6. The Freelancer shall not abuse our resources, including our support Services. 

10. RATING SYSTEM

    1. We believe in encouraging and helping our Freelancers leverage their skills. We seek to empower top performing Freelancers with helpful tools to grow their business. If Freelancers who deliver on time and maintain high quality services, then we may reward them with new statuses, special opportunities, and tools to grow their business.
    2. Our rating system assesses Freelancers based on Buyer Feedback received upon the completion of each Project. Based upon such Feedback, the ratings are periodically updated on the Platform. Ratings may drop, including but not limited to, when a Freelancer cannot maintain their high-quality service, stop delivering on time or receives negative feedback from the Buyer.
    3. The current rating system allows a Freelancer to score between one (1) to five (5), with five (5) being the highest rating indicating impressive performance by a Freelancer and one (1) being the lowest rating indicating a poor performance by a Freelancer.

11. BOOKING AND FINANCIAL TERMS

    1. Fees
      1. You can charge from £5 and upwards for any given Freelancer Service which will be displayed on the Platform (“Total Fee”).
      2. Twenty percent (20%) of the Total Fee will be deducted by Flow Marketplace (“Commission”) before funds are released to you. Total Fee after deducting Commission will be the “Freelancer Fee”.
      3. The Buyer may choose to make some modifications or changes to a Confirmed Project which may be charged additionally and on separate terms by the Freelancer (“Additional Fee”). In such cases, the Additional Fee will be disbursed between the Parties according to Clause 11.1.2.
    2. Project Confirmation
      1. When User books a Freelancer Service, through the Platform, such booking is required to be accepted by us and the Freelancer, before it is confirmed. We will send User a Project Confirmation notification when the booking has been accepted. You understand and acknowledge that the agreement for the supply and provision of any Freelancer Service booked by the User shall come into existence only after we send the User the Project Confirmation.
      2. Total Fee for Project Confirmation will be collected via the Platform at the time of Project Confirmation. The Freelancer Fee (less our Commission) will be transferred to the Freelancer according to Clause 11.3.1.
    3. Payment and Invoices
      1. Payment is taken from the Buyer during the purchase process of Project Confirmation. The Freelancer Fee will be released within seven (7) days of completion of the Project.
      2. If you wish to withdraw money from your Account, head to your Freelancer Profile and you will see your available balance. Beneath your balance amount is a button labelled “Withdraw Now” – click on this then choose a payment gateway and the amount you would like to withdraw. Check these details are correct before clicking “Withdraw Money”. Your funds will then be sent to your account. The minimum amount you can withdraw at a time is £500.
      3. You will find a section for invoices in your Freelancer Profile, click on this to view all invoices, for past and ongoing projects. Once an order is placed, an invoice will automatically be created.
    4. Payment Processing
      1. The Freelancer hereby appoints Flow Marketplace as the Freelancer’s limited agent solely for the purposes of coordinating the collection by third-party payment processors of payments made by Buyers on behalf of the Freelancer. The Freelancers agrees that payment made by a Buyer to third-party payment processor in favour of Flow Marketplace for the purpose of availing Freelancer Services, shall be construed to be a payment made directly to the Freelancer and the Freelancer shall make the Services available to the Buyer in the agreed upon manner as if the Freelancer has received the Freelancer Fee.
    5. Freelancer Service Obligations
      1. Upon payment of amounts to third-party payment processors which are due to the Freelancer by the Buyer, the Buyer fulfils Buyer payment obligations for such amounts, and the payment processor is responsible for remitting such amounts to Flow Marketplace. Upon receipt of such amounts by us, we then transfer it to the Freelancer, after making our Commission deductions, according to Clause 11.1.2. If any such amounts are not remitted to the Freelancer, such Freelancer shall have recourse only against us.
    6. Unless otherwise stated, all fees are quoted in British Pounds (GBP £)
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12. COMPLAINTS 

    1. We take complaints made via our Platform very seriously. Any complaint raised against you by a Buyer will be duly noted and measures will be taken to understand the basis of the issue. If you are found to be in conflict with these Terms and Conditions leading to the complaint, strict action will be taken against you which may result in, among other things, the suspension or termination of your Account. We may at our own discretion also decide to drop your rating on the Platform. 
    2. You can raise a complaint in the event that payment has not been released after Project completion, a Buyer cancels the Project, etc. To do this, go to your Freelancer Profile and click on the ‘Disputes’ button, then ‘Create Dispute’. You then choose the Project the dispute is in relation to and select one of the reasons from the drop-down menu. If none of the options are appropriate, we recommend you get in contact a member of our customer support team.

13. OWNERSHIP

    1. When purchasing a Freelancer Service on the Platform, unless clearly stated otherwise on the Freelancer’s Profile, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Freelancer, and the Freelancer waives any and all moral rights therein. Accordingly, the Freelancer expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Total Fee, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as artwork, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Freelancer agrees that it thereby, pursuant to these Terms and Conditions, assigns all right, title and interest in and to the delivered work to the Buyer.
    2. Furthermore, both Buyers and Freelancers agree that unless they explicitly indicate otherwise, the Content that Users voluntarily create/upload on the Platform, may be used by Flow Marketplace, for no consideration, for marketing and/or other purposes.

14. INTELLECTUAL PROPERTY RIGHTS

    1. It is understood and agreed by the Freelancer that Flow Marketplace shall retain at all times all rights, title, and interests in the Platform, technology, and intellectual property including, without limitation, trademarks, copyrights, trade secrets, domain, patents and other intellectual property rights with respect to any technology, software, system, ideas, trade secrets, market strategy, Freelancer’s information and records, photographs, advertisements, written/printed material, music, lyrics, or any other work or thing owned, provided, or created by Flow Marketplace for use by the Platform pursuant to this Agreement. The retention of such rights, title, and interest, by Flow marketplace, in the Platform, technology, and intellectual property shall survive the termination of this Agreement.
    2. All intellectual property of the Freelancer with respect to the Content posted on the Platform and any information of the User(s) that is made available to the Freelancer to fulfil their Freelancer Services, will remain our intellectual property, unless otherwise agreed by the Parties in writing.

15. CONFIDENTIALITY

    1. Each Party may be given access to the other Party’s confidential information concerning the business, affairs, customers, clients, or suppliers of the other Party or of any member of the group to which the other Party belongs in order to perform its obligations under this Agreement.
    2. Confidential information shall not be deemed to include information that:
      1. is or becomes publicly known other than through any act or omission of the receiving Party;
      2. was in the other Party’s lawful possession before the disclosure;
      3. is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;
      4. is independently developed by the receiving Party, which independent development can be shown by written evidence; or
      5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory authority.
    3. Each Party shall hold the other Party’s confidential information in confidence as they would their own and, unless required by law, not make the other Party’s confidential information available to any third party or use the other Party’s confidential information for any purpose other than the performance of its obligations under this Agreement.
    4. Each Party must take all reasonable steps to ensure that the other Party’s confidential information to which it has access is not disclosed or distributed by its employees or agents in violation of these Terms and Conditions.
    5. Neither Party shall be responsible for any loss, destruction, alteration, or disclosure of confidential information caused by any third party.

16. DATA PROTECTION

In the context of your use of the Platform and/or Platform Services, Flow Marketplace will collect and process your Personal Data. By using the Platform and creating an Account, you acknowledge and accept the processing of your Personal Data by Flow Marketplace in accordance with applicable data protection laws, regulations, and the provisions of the Privacy Policy.

17. LIMITATION OF LIABILITY

    1. The restrictions on liability in this clause apply to every liability arising under or in connection with this Agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
    2. Neither Party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
    3. Nothing in these Terms and Conditions shall limit any liability:
      1. which cannot be legally limited, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation; or
      2. your Commission payment obligations under this Agreement.
    4. Subject to otherwise mentioned in this Agreement, the total liability of a Party to the other Party in contract, tort or otherwise, for any loss or damage suffered by the innocent Party arising from or in connection with this Agreement, however the loss or damage is caused (including our negligence but not fraud or other deliberate breach of duty) shall not exceed the Commission paid or due and payable to us under the Agreement within the period of twelve (12) months prior to the first event giving rise to the claim or in the first twelve (12) months of the Agreement if the event giving rise to the claim occurs in the first 12 months of the Agreement.
    5. Subject to otherwise mentioned in this Agreement, this clause specifies the types of losses that are excluded:
      1. loss of profits (other than the Flow Commission due under the relevant Flow Agreement);
      2. loss of sales or business;
      3. loss of agreements or contracts;
      4. loss of anticipated savings;
      5. loss of use or corruption of software, data or information;
      6. loss of or damage to goodwill; and
      7. indirect or consequential loss.
    6. To the maximum extent permitted by applicable law and subject to otherwise mentioned in this Agreement, we exclude all representations and warranties relating to the subject matter of these Terms and Conditions.

18. INDEMNITY

You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of any breach by you of any provision of these Terms and Conditions ; and any claim brought against us for infringement of a third party’s rights (including any intellectual property rights arising out of or in connection with our receipt of use of your materials by your grant of license to it).

19. CANCELLATION AND REFUND

The Freelancer shall not cancel any Project after it has been confirmed and payment has been made by the Buyer. Notwithstanding the forgoing, the Freelancer may cancel a Project in the following cases:

    1. The Freelancer may cancel a Confirmed Project by giving notice of such cancellation at least seven (7) days before delivery of the Freelancer Service.
    2. In the event where the Freelancer falls ill or injured before delivering the Freelancer Services, they may cancel a Confirmed Project and make a full refund to the Buyer via the Platform within seven (7) days of cancellation.

20. TERMINATION

    1. We reserve the right to suspend or terminate your Account at any time, including if any Content or information provided during the registration process or thereafter proves to be inaccurate, false, or misleading or to reclaim any username that you create through the Platform that violates this Agreement.
    2. You can delete your Account at any time by contacting us or simply go to, the “My Account” section and select “Delete Account”. Notwithstanding the foregoing, if you have a Confirmed Project of one or more Buyer, the Platform will not allow you to delete your Account unless the Confirmed Project(s) is cancelled or completed, there being no Buyers linked to any future Confirmed Project(s). You agree that you will remain liable for all obligations related to your Account even after your Account is closed or restricted.

21. GOVERNING LAW

The terms contained in this Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England and will be under the exclusive jurisdiction of the courts of England.

22. DISPUTE RESOLUTION 

    1. All disputes arising out of or in relation to this Agreement, including any question regarding its existence, validity, or termination, which cannot be amicably resolved by the Parties within thirty (30) days of being brought to their attention (“Consultation Period”), will then be settled by arbitration governed by the provisions of appropriate arbitration laws. If the Parties are not able to agree on a sole arbitrator, a panel of three (3) arbitrators shall be appointed wherein each Party shall appoint one (1) arbitrator, and the two (2) arbitrators together shall appoint the presiding arbitrator.
    2. The venue/seat of arbitration shall be England and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect. The decision of the arbitrator(s) will be final and binding on all the Parties. 

23. GENERAL TERMS

    1. NOTICES TO FREELANCERS: Reports, statements, notices, and any other communications may be transmitted by Flow Marketplace to authorized Users via the email address specified by them in their Account. All communications and notices shall be deemed to be duly served to a User when electrotonically sent by Flow Marketplace to the User to the email address specified in the User’s Account. Any change in the email address shall immediately be updated by the User, failing which, any notice sent to the User on the pre-existing email address shall be deemed to be a notice duly served to the User.
    2. SUCCESSORS AND ASSIGNS: This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective heirs, legal or personal representatives, successors, and assigns.
    3. RELATIONSHIP BETWEEN PARTIES: Parties shall be considered independent of each other and not agents or employees of the other Party. Neither Party shall have authority to make any statements, representations, or commitments of any kind, nor to take any action which shall be binding on the other Party, except as may be expressly provided for herein or authorized in writing.
    4. FORCE MAJEURE: Flow Marketplace shall not be liable for any failure or delay in performance of this Agreement, in whole or in part, where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, severe weather, fire, terrorism, vandalism or civil riots, war, civil disturbance, pandemics, labour activity, or strike, court order or any other cause outside our exclusive and direct control.
    5. ELECTRONIC SIGNATURES/ COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. For purposes of this Agreement, the use of a facsimile, email, or other electronic media shall have the same force and effect as an original signature.
    6. ENTIRE AGREEMENT: This Agreement along with other documents as and when updated on the Platform, shall constitute the entire agreement between the Parties relating to the subject matter contained in this Agreement and supersede all prior or contemporaneous negotiations, commitments and understanding of the Parties whether oral, written or otherwise.
    7. SEVERABILITY: Any provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
    8. SURVIVABILITY: All clauses that logically ought to survive the termination of this Agreement shall survive.
    9. HEADINGS: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
    10. 23.10.AFFIRMATION OF PARTIES: The Freelancers affirm that they have entered into this Agreement freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in this Agreement and have read and understood the terms and conditions contained in this Agreement.
    11. 23.11.GENDER AND PLURALS: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section.
    12. 23.12.FEEDBACK: You may at your sole discretion choose to submit comments, inputs, suggestions, ideas, or other feedback about the Platform, including but not limited to, regarding the possible creation, modification, correction, improvement, or enhancement of the Platform (“Feedback”). By submitting any Feedback, you acknowledge and accept that we are free to use such Feedback in any way we choose without any compensation or notice to you, and you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license to incorporate and use the Feedback for any purpose.
    13. 23.13.
    14. CONTACT US: Contact a member of our customer support team via the ‘Help & Support’ section of your dashboard, where you’ll also find answers to some commonly asked questions.

You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.

Effective as of March 17, 2022

Terms and Conditions – Buyer

LAST UPDATED ON: 17 March 2022

These Terms and Conditions for Buyer (“Terms and Conditions” or “Agreement”) is made and entered into by and between Flow Digital Ltd. (“Flow Marketplace”, “we”, “us”, or “our”), a company registered in England and Wales under company number 08738226. Our registered office and principal business address is at Adamson House 4th Floor, 65 Westgate Road, Newcastle Upon Tyne, England, NE11SG, and any person who accesses and uses the Platform, by checking a box agreeing to all the Terms and Conditions when creating an Account. 

Please read these Terms and Conditions and our Privacy Policy carefully, which is incorporated by reference into these Terms and Conditions. If you do not agree with these Terms and Conditions, you must stop using or accessing the Platform immediately. Failure to use our Platform in accordance with these Terms and Conditions may subject you to civil and criminal penalties. By accessing and /or using our Platform, or by checking a box agreeing to all the Terms and Conditions when creating an Account, you agree to all the Terms and Conditions. Use of our Platform is also subject to additional terms, conditions, and policies that we separately post on our Platform or provide to you.

KEY TERMS

    1. Account” means the account that Users are required to create on the Platform to use the Platform Services;
    2. Buyer” “you” and “your” collectively mean any authorized User using the Platform or Platform Services, to seek and/or obtain Freelancer Services;
    3. Buyer Profile” means the profile of the Buyer on the Platform;
    4. Confirmed Project” or “Project confirmation” means when the payment for a Project has been done by the Buyer and received by the Platform;
    5. “Content” means any and all text, graphics, images, music, video, audio, usernames, user photos, user videos and any other information, including the display of delivered project and any other information/material, which are available on the Platform. Content includes, without limitation, User Content and Flow Marketplace Content;
    6. Flow Marketplace”, “we”, “us” and “our” collectively mean Flow Digital Ltd.;
    7. Freelancer” means any authorized User using the Platform or Platform Services, to provide Freelancer Services to Buyers;
    8. Freelancer Services” means all the services performed for or delivered to Buyers by Freelancers, as listed on the Freelancer’s Profile on the Platform;
    9. Freelancer Profile” means the profile of the Freelancer on the Platform;
    10. Party” and “Parties” means Flow Marketplace and Buyer, referred to individually and collectively respectively;
    11. Personal Data” means any data related to a specific natural person or related to a natural person that can be identified directly or indirectly by linking the data, including but not limited to an individual’s name, voice, image, identification number, electronic identifier, geographical location;
    12. Platform” means the Website and/or Flow Marketplace’s application for mobile devices;
    13. Platform Services” means the online and offline services provided by and via Flow Marketplace;
    14. Project” means an engagement for Freelancer Services that a Freelancer provides to a Buyer under a Service Contract;
    15. Service Contract” means a contractual relationship directly between the Buyer and the Freelancer with respect to a Project;
    16. User” means any person, company or organization that has visited or is using the Platform or the Platform Services; and it includes, without limitation, Buyer and Freelancer;
    17. Website” means marketplace.flow.co.uk.

2. MODIFICATION OF TERMS AND CONDITIONS

We may modify the Terms and Conditions at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms and Conditions on the Platform or through other communication means. It is important that you review the Terms and Conditions whenever we modify them because if you continue to use the Platform Services after we have posted the modified Terms and Conditions on the Platform, you are indicating to us that you agree to be bound by the modified Terms and Conditions. If you do not agree to be bound by the modified Terms and Conditions, then you may not use the Platform Services anymore. Since our Platform Services are evolving over time we may change or discontinue all or any part of the Platform Services, at any time and without notice, at our sole discretion.

3. HOW FLOW MARKETPLACE WORKS

    1. Flow Marketplace is an online freelance marketplace, acting as a simple, easy-to-use Platform to hire Freelancers. Flow Marketplace brings together Buyers and Freelancers, streamlining the process of acquiring additional help for growing businesses who need an extra pair of hands.
    2. Freelancers are referred to as ‘Experts’ on the Platform and can list their Freelancer Services via their Freelancer Profile which can then be purchased by Buyers.
    3. A broad range of freelance services can be advertised and purchased on the Platform, covering many aspects of digital marketing, ecommerce management and website development.
    4. Buyers are free to browse the Freelancer Services on the Platform, discuss Projects with Freelancers directly and make a Freelancer an offer if they have a specific Project requiring a more bespoke approach.

4. REPRESENTATIONS

Each Party hereby represents that: 

    1. The Parties have the power, capacity, and authority to enter into and perform its obligations under this Agreement. 
    2. This Agreement is legal and binding on such Party. 
    3. The execution, delivery, and performance of this Agreement will not violate the provisions of any contract or other undertaking or instrument to which it is a party, or which is binding upon it or any of its assets. 
    4. The Parties will perform all acts, conditions and things required to be done, fulfilled, and performed in order: (i) to enable it lawfully to enter into, exercise its rights under and perform its obligations expressed to be assumed by it in this Agreement; (ii) to ensure that the obligations expressed to be assumed by it in this Agreement are legal, valid, and binding; and (iii) to make this Agreement admissible in evidence in the jurisdiction in which it is incorporated, have been done, fulfilled, and performed. 

5. ACCOUNT REGISTRATION

    1. To sign up and start hiring Freelancers, hit the ‘Join Now’ button then fill out the required details. You will be asked if you are a Buyer or a Freelancer – be sure to select ‘Employer’ so you end up with the right account type.
    2. Any information provided in relation to creating an Account on the Platform will be subject to our Privacy Policy. The mobile numbers and email addresses provided will be used for the purpose of verification and may be used by us for marketing and communication purposes. We reserve the right to request additional information from a Buyer (such as a valid ID copy) in order to verify your identity. The use of a VPN, proxy, VoIP number or any other means of concealing your true location will lead to delays, like ID check and possible cancellation of the associated Project. The mobile number that you provide may be subject to geographic location checks in order to verify the authenticity of the User.  
    3. Each Buyer is responsible for maintaining the security of their Account and for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and your Account updated. You may not share your password with unaffiliated third parties. You agree to notify us immediately of any unauthorized use of Account, or any other breaches of security. You are fully responsible for all uses of your password, Account and username, or registration, whether by you or others. Flow Marketplace is authorized to act on instructions received through your Account and is not liable for any loss or damage arising from your failure to comply with this Clause 5.
    4. Whilst we are based in the United Kingdom, we welcome Buyers from all over the world. When creating your Buyer Profile and posting Projects, there will be a section that allows you to set your location. You are not restricted to Freelancers within your location for the majority of Projects, but in the instance, you do require someone within close proximity, this will show you which country the Freelancer is located. 
    5. Before you can start posting or accepting Projects, you need to verify your identity by submitting a clear photograph of your passport or driving license and any other information that may be needed for identification purposes. Once a member of our team has verified your identity, you will be notified, and restrictions will be lifted from your Account, and you will be eligible to start posting Projects on your Buyer Profile.
    6. Your Account, including any information pertaining to it (e.g., contact information, Account history, etc.), is strictly personal to you. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account.
    7. By creating an Account or using the Platform, you consent to us contacting you about your interest in our Platform and Platform Services by email, mobile, or through any other contact information you have chosen to provide.
    8. Buyers who wish to not receive offers from us may notify us at any time via one of the contact methods listed in the Contact Us section on the Platform.

6. PLATFORM

    1. Find the right fit for your business by searching for Freelancers on our Platform. You can filter your search by industry, specialisation, skills, and location to make it easier to connect with the Freelancer who gets your Project.
    2. You can buy Freelancer Services on the Platform, in the following ways: 
      1. Freelancers will list their Freelancer Services on their Freelancer Profiles – hit the ‘Buy Now’ button to proceed with the Freelancer Service you require. You will then be required to fill out payment details.
      2. If the listed Freelancer Services do not quite meet your needs, you can use the ‘Make Offer’ button to discuss a custom order, or you can post a job to the ‘Projects’ section of your Buyer Profile, and Freelancers can then send you proposals to review.
    3. The Freelancer should then complete the Project within the agreed timeframe. You can keep track of your ongoing and past projects via the ‘Manage Projects’ section of your dashboard.
    4. You can keep track of your Projects via a dedicated section of you user dashboard i.e., the ‘Manage Jobs’ section, you will see a list of Projects in progress, as well as completed and cancelled Projects in this section. For completed Projects you can view project history, which includes any correspondence you have had with the Freelancer. Here you can communicate with the Freelancers and ask them questions related to the Project. Once the Project is finished, you will be required to mark the Project as complete, and you can leave a review which will appear the Freelancer’s Profile.

7. FREELANCER SERVICES

    1. The Freelancer must produce and supply to the Buyer a proposal, in respect of the Freelancer Services, setting out how the Provider proposes to meet the Project requirements of the Buyer, and the Total Fee for the Project (“Proposal”).
    2. It is up to the relevant Buyer and Freelancer whether they want to work together and on what terms. Once the Platform has introduced the Buyer to the Freelancer or vice versa, the Freelancer has supplied to the Buyer and the Buyer has review the Proposal, the Parties, may at their sole discretion, decide whether to proceed or not and agree between themselves the terms and conditions of the Service Contract, whether verbally or in writing.
    3. You acknowledge, agree, and understand that Flow Marketplace is not a party to any Service Contract, that the formation of a Service Contract between the Users will not, under any circumstance, create an employment or other service relationship between Flow Marketplace and any User or a partnership or joint venture between Flow Marketplace and any User.
    4. With respect to any Service Contract, Buyers and Freelancers may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.) provided that any such agreements do not conflict with, narrow, or expand Flow Marketplace’s rights and obligations under these Terms and Conditions.

8. RIGHTS AND DUTIES OF A BUYER

    1. Eligibility
      1. The Buyer hereby declares to have completed the minimum age required to enter into a contract according to applicable law and warrants to be the authorised representative if engaging on behalf of a corporation, organisation, company, etc. The Buyer shall furnish all documents that may be required under the applicable law for verification purposes. The Buyer shall maintain at all times and adhere to all applicable laws and rules in the territory from which the Buyer operates during the period of this Agreement.
    2. Authorisation
      1. The Buyer hereby authorizes Flow Marketplace to make use of their name, likeliness, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Platform Services and the Content. The Buyer waives any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law. 
      2. The Buyer hereby authorizes Flow Marketplace to save and store all or any part of the Content posted by the Freelancer for quality control and for delivering, marketing, promoting, and demonstration purposes. 
    3. Relationship with Freelancers
      1. The Buyer shall be courteous towards Freelancers and refrain from using abusive language or anything that may negatively impact the sentiments of the Buyers on matters, including but not limited to religion, culture, sex, age, and beliefs. 
      2. The Buyer shall not contact the Freelancer for services other than those offered by Flow Marketplace.
    1. Prohibited Activities
      1. The Buyer shall not impersonate another person or entity or gain unauthorized access to another User’s Account. 
      2. The Buyer shall not interfere with or otherwise prevent other Buyers from accessing Freelancer Services on the Platform. 
      3. The Buyer shall not abuse our resources, including our support Services. 

9. BOOKING AND FINANCIAL TERMS

    1. You may book any Freelancer Service offered on our Platform. Once you make the payment of the fee displayed on our Platform (the “Total Fee”) against such Freelancer Service, you consent and agree to engage in the offered Freelancer Services.
    2. When you book a Freelancer Service, through the Platform, such booking is required to be accepted by us and the Freelancer before it is confirmed. We will send User a Project Confirmation notification when the booking has been accepted. You understand and acknowledge that the agreement for the supply and provision of any Freelancer Service booked by the you shall come into existence only after we send you the Project Confirmation.
    3. Total Fee for Project Confirmation will be collected via the Platform at the time of Project Confirmation. The Freelancer Fee will be transferred to the Freelancer after the Project has been reviewed by you and you are satisfied, and you can mark it as complete.
    4. Unless otherwise stated, all fees are quoted in British Pounds (GBP £).

10. COMPLAINTS

    1. 10.1.If you feel that you need to report a Freelancer, you can do so by using the ‘Report’ button on the Freelancer’s Profile. You can also report a specific Freelancer Service or Project in the same way. A member of our team will then review your complaint and take the necessary actions accordingly.
    2. If the Freelancer you have been working with has not met the agreed terms, for example has not met the deadline or the quality of their work does not meet expectations, you can create a dispute. To do this, go to your Buyer Profile and click on the ‘Disputes’ button, then ‘Create Dispute.’ You then choose the Project the dispute is in relation to and select one of the reasons from the drop-down menu.
    3. If none of these options are appropriate, we recommend you get in contact with a member of our customer support team.

11. OWNERSHIP

    1. When purchasing a Freelancer Service on the Platform, unless clearly stated otherwise on the Freelancer’s Profile, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Freelancer, and the Freelancer waives any and all moral rights therein. Accordingly, the Freelancer expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment of the Total Fee, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as artwork, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Freelancer agrees that it thereby, pursuant to these Terms and Conditions, assigns all right, title and interest in and to the delivered work to the Buyer.
    2. Furthermore, both Buyers and Freelancers agree that unless they explicitly indicate otherwise, the Content that Users voluntarily create/upload on the Platform, may be used by Flow Marketplace, for no consideration, for marketing and/or other purposes.

12. INTELLECTUAL PROPERTY RIGHTS

It is understood and agreed by the User that Flow Marketplace shall retain at all times all rights, title, and interests in the Platform, technology, and intellectual property including, without limitation, trademarks, copyrights, trade secrets, domain, patents and other intellectual property rights with respect to any technology, software, system, ideas, trade secrets, market strategy, Freelancer’s information and records, photographs, advertisements, written/printed material, music, lyrics, or any other work or thing owned, provided, or created by Flow Marketplace for use by the Platform pursuant to this Agreement. The retention of such rights, title, and interest, by Flow marketplace, in the Platform, technology, and intellectual property shall survive the termination of this Agreement.

13. CONFIDENTIALITY

    1. Each Party may be given access to the other Party’s confidential information concerning the business, affairs, customers, clients, or suppliers of the other Party or of any member of the group to which the other Party belongs in order to perform its obligations under this Agreement.
    2. Confidential information shall not be deemed to include information that:
      1. is or becomes publicly known other than through any act or omission of the receiving Party;
      2. was in the other Party’s lawful possession before the disclosure;
      3. is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;
      4. is independently developed by the receiving Party, which independent development can be shown by written evidence; or
      5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory authority.
    3. Each Party shall hold the other Party’s confidential information in confidence as they would their own and, unless required by law, not make the other Party’s confidential information available to any third party or use the other Party’s confidential information for any purpose other than the performance of its obligations under this Agreement.
    4. Each Party must take all reasonable steps to ensure that the other Party’s confidential information to which it has access is not disclosed or distributed by its employees or agents in violation of these Terms and Conditions.
    5. Neither Party shall be responsible for any loss, destruction, alteration, or disclosure of confidential information caused by any third party.

14. DATA PROTECTION

In the context of your use of the Platform and/or Platform Services, Flow Marketplace will collect and process your Personal Data. By using the Platform and creating an Account, you acknowledge and accept the processing of your Personal Data by Flow Marketplace in accordance with applicable data protection laws, regulations, and the provisions of the Privacy Policy.

15. LIMITATION OF LIABILITY

    1. The restrictions on liability in this clause apply to every liability arising under or in connection with this Agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
    2. Neither Party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
    3. Nothing in these Terms and Conditions shall limit any liability:
      1. which cannot be legally limited, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation; or
      2. your Commission payment obligations under this Agreement.
    4. Subject to otherwise mentioned in this Agreement, the total liability of a Party to the other Party in contract, tort or otherwise, for any loss or damage suffered by the innocent Party arising from or in connection with this Agreement, however the loss or damage is caused (including our negligence but not fraud or other deliberate breach of duty) shall not exceed the Commission paid or due and payable to us under the Agreement within the period of twelve (12) months prior to the first event giving rise to the claim or in the first twelve (12) months of the Agreement if the event giving rise to the claim occurs in the first 12 months of the Agreement.
    5. Subject to otherwise mentioned in this Agreement, this clause specifies the types of losses that are excluded:
      1. loss of profits (other than the Flow Commission due under the relevant Flow Agreement);
      2. loss of sales or business;
      3. loss of agreements or contracts;
      4. loss of anticipated savings;
      5. loss of use or corruption of software, data, or information;
      6. loss of or damage to goodwill; and
      7. indirect or consequential loss.
    6. To the maximum extent permitted by applicable law and subject to otherwise mentioned in this Agreement, we exclude all representations and warranties relating to the subject matter of these Terms and Conditions.

16. INDEMNITY

You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of any breach by you of any provision of these Terms and Conditions ; and any claim brought against us for infringement of a third party’s rights (including any intellectual property rights arising out of or in connection with our receipt of use of your materials by your grant of license to it).

17. CANCELLATION AND REFUND

    1. The Buyer shall not cancel any Project after it has been confirmed and payment has been made except where the Buyer cancels a Confirmed Project by giving notice of such cancellation at least seven (7) days before delivery of the Freelancer Service.
    2. The Buyer may claim a refund of 50% of the Total Fees if Confirmed Project is cancellation at least seven (7) days before delivery of the Freelancer Service.

18. TERMINATION

    1. We reserve the right to suspend or terminate your Account at any time, including if any Content or information provided during the registration process or thereafter proves to be inaccurate, false, or misleading or to reclaim any username that you create through the Platform that violates this Agreement.
    2. You can delete your Account at any time by contacting us or simply go to, the “My Account” section and select “Delete Account.” Notwithstanding the foregoing, if you have a Confirmed Project of one or more Buyer, the Platform will not allow you to delete your Account unless the Confirmed Project(s) is cancelled or completed, there being no Buyers linked to any future Confirmed Project(s). You agree that you will remain liable for all obligations related to your Account even after your Account is closed or restricted.

19. GOVERNING LAW

The terms contained in this Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England and will be under the exclusive jurisdiction of the courts of England.

20. DISPUTE RESOLUTION

    1. All disputes arising out of or in relation to this Agreement, including any question regarding its existence, validity, or termination, which cannot be amicably resolved by the Parties within thirty (30) days of being brought to their attention (“Consultation Period”), will then be settled by arbitration governed by the provisions of appropriate arbitration laws. If the Parties are not able to agree on a sole arbitrator, a panel of three (3) arbitrators shall be appointed wherein each Party shall appoint one (1) arbitrator, and the two (2) arbitrators together shall appoint the presiding arbitrator.
    2. The venue/seat of arbitration shall be England and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect. The decision of the arbitrator(s) will be final and binding on all the Parties.

21. GENERAL TERMS

    1. NOTICES TO USERS: Reports, statements, notices, and any other communications may be transmitted by Flow Marketplace to authorized Users via the email address specified by them in their Account. All communications and notices shall be deemed to be duly served to a User when electrotonically sent by Flow Marketplace to the User to the email address specified in the User’s Account. Any change in the email address shall immediately be updated by the User, failing which, any notice sent to the User on the pre-existing email address shall be deemed to be a notice duly served to the User.
    2. SUCCESSORS AND ASSIGNS: This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective heirs, legal or personal representatives, successors, and assigns.
    3. RELATIONSHIP BETWEEN PARTIES: Parties shall be considered independent of each other and not agents or employees of the other Party. Neither Party shall have authority to make any statements, representations, or commitments of any kind, nor to take any action which shall be binding on the other Party, except as may be expressly provided for herein or authorized in writing.
    4. FORCE MAJEURE: Flow Marketplace shall not be liable for any failure or delay in performance of this Agreement, in whole or in part, where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of god, severe weather, fire, terrorism, vandalism or civil riots, war, civil disturbance, pandemics, labour activity, or strike, court order or any other cause outside our exclusive and direct control.
    5. ELECTRONIC SIGNATURES/ COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. For purposes of this Agreement, the use of a facsimile, email, or other electronic media shall have the same force and effect as an original signature.
    6. ENTIRE AGREEMENT: This Agreement along with other documents as and when updated on the Platform, shall constitute the entire agreement between the Parties relating to the subject matter contained in this Agreement and supersede all prior or contemporaneous negotiations, commitments and understanding of the Parties whether oral, written or otherwise.
    7. SEVERABILITY: Any provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
    8. SURVIVABILITY: All clauses that logically ought to survive the termination of this Agreement shall survive.
    9. HEADINGS: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
    10. 21.10.AFFIRMATION OF PARTIES: The Freelancers affirm that they have entered into this Agreement freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in this Agreement and have read and understood the terms and conditions contained in this Agreement.
    11. 21.11.GENDER AND PLURALS: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include all genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section.
    12. 21.12.FEEDBACK: You may at your sole discretion choose to submit comments, inputs, suggestions, ideas, or other feedback about the Platform, including but not limited to, regarding the possible creation, modification, correction, improvement, or enhancement of the Platform (“Feedback”). By submitting any Feedback, you acknowledge and accept that we are free to use such Feedback in any way we choose without any compensation or notice to you, and you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license to incorporate and use the Feedback for any purpose.
    13. 21.13.CONTACT US: Contact a member of our customer support team via the ‘Help & Support’ section of your dashboard, where you will also find answers to some commonly asked questions.

You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.

Effective as of March 17, 2022.

Privacy policy

LAST UPDATED ON: 17 March 2022

We are delighted that you have shown interest in the services of Flow Digital Ltd, a company incorporated and registered in England and Wales with company number 08738226 and whose registered office is at Adamson House 4th Floor, 65 Westgate Road, Newcastle Upon Tyne, England, NE1 1SG (hereinafter referred to as “Flow Marketplace”, “we”, “us”, “our”). Our Platform Services are provided via our Platform available at marketplace.flow.co.uk. 

Data protection is a particularly high priority for Flow Marketplace. The use of our Platform is possible without any indication of Personal Data; however, if a Data Subject wants to use special services via our Platform, processing of Personal Data may become necessary. If the processing of Personal Data is necessary, and there is no statutory basis for such processing, we generally obtain consent from the Data Subject.

The processing of Personal Data, such as the name, address, email address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (the “GDPR”), and in accordance with the country-specific data protection regulations applicable to Flow Marketplace. Utilizing this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the Personal Data we collect, use and process. Furthermore, Data Subjects are informed through this data protection declaration, of the rights to which they are entitled. 

As the Controller of your Personal Data, Flow Marketplace has implemented numerous technical and organizational measures to ensure the complete protection of Personal Data processed through this Platform. However, internet-based data transmissions may, in principle, have security gaps, so absolute protection may not be guaranteed. For this reason, every Data Subject is free to transfer Personal Data to us via alternative means, e.g., by telephone. 

It is important that you read this Privacy Policy, together with any other privacy notice we may provide on specific occasions, so that you are fully aware of how and why we are using your data, and what data protection rights you have.

Terms not defined under this Privacy Policy will have the same meaning as that defined under the Terms and Conditions available on the Platform. 

1. KEY TERMS

The data protection declaration of Flow Marketplace is based on the terms used by the European legislator for the adoption of the GDPR. Our data protection declaration should be legible and understandable for the general public, as well as our Users. To ensure this, we would like to first explain the terminology used. 

In this data protection declaration, we use, among other things, the following terms:

    1. Anonymization” means the Processing of Personal Data in such a manner that the Personal Data can no longer be attributed to a specific Data Subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the Personal Data are not attributed to an identified or identifiable natural person;
    2. Consent” means any freely given, specific, informed, and unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the Processing of Personal Data relating to them;
    3. Controller” means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data; where the purposes and means of such Processing are determined by Union or Member State law, the Controller or the specific criteria for its nomination may be provided for by Union or Member State law;
    4. Data Subject”, “you” and “your” collectively mean any identified or identifiable natural person, whose Personal Data is processed by the Controller responsible for the processing. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person;
    5. Personal Data” means any information relating to a Data Subject;
    6. Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
    7. Profiling” means any form of automated Processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
    8. Recipient” means a natural or legal person, public authority, agency, or another body, to which the Personal Data are disclosed. However, public authorities which may receive Personal Data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as Recipients. The processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the Processing.

 

2. DATA PROTECTION LEGISLATION

We are committed to protecting your privacy and safeguarding your Personal Data. Our use of your Personal Data is subject to the UK General Data Protection Regulation, the UK Data Protection Act 2018 and other UK privacy laws (together, the “Data Protection Legislation”).

3. PERSONAL DATA WE COLLECT

The Platform collects a series of Personal Data and information when a Data Subject or automated system calls up the Platform. This Personal Data and information are stored in the server log files. The Personal Data collected may be:

Types of Personal Data we may collect

Examples

Identity data

name; title; username;

Contact data

address; email; telephone number;

Contract data

details of your contracts with us;

Usage data

how you use and navigate our website our social media pages; services you signed up to; events you attended or expressed interest in;

Profile data

information about you that you provide in your profile in your account in projects initiated by us; your interests and preferences; posts and materials you upload onto our website;

Advertising profile data

interests; preferences; feedback and survey responses; assumptions about your predicted buying behaviour and interests based on the usage data collected by us from you and held about you by our advertisers such as Facebook, Twitter, Google, LinkedIn, Instagram;

Professional data

job title; name of business or organisation; professional credentials; professional contact details;

Communication data

details of enquiries submitted by you through our website or emailed to us; information obtained through networking;

IT data

logins and usernames to our website; encrypted passwords;

Technical data

your IP address; your general geographic location based on your IP address; your time zone setting; the type of device you use and its operating system and version; your browser type; the platform you use and other technology on the devices you use to access our website; the pages you view on our website and how you interact with that content; advertising identifiers (such as those on mobile devices, tablets and streaming media devices that include such identifiers).

 

4. ANONYMISED DATA

We may also collect, use, analyse and share Anonymised, aggregated data such as statistical or demographic data for any purpose including with the aim of increasing our data protection and data security and to achieve an optimal level of protection for the Personal Data we Process. The Anonymised data of the server log files are stored separately from all Personal Data provided by a Data Subject. Anonymised data may be derived from your Personal Data but is not considered personal information in law as this information does not directly or indirectly reveal your identity. 

5. HOW WE COLLECT PERSONAL DATA

We collect most of your Personal Data directly from you. However, we may also collect information from other sources.

Type of source

Examples

Your use of our website and services

when you register on our Platform; when you use or buy our Platform Services; when you submit an enquiry or Feedback to us or complete our survey; when you sign up to our mailing list; when you post any Content on our Platform.

Your use of our social media pages

when you follow, post on, or interact with our post on our Facebook page.

Direct interactions with you

when you contact us (e.g., by phone or email); when you participate in our user research activities (e.g., provide us with Feedback or respond to our questionnaires); when you network with us (e.g., provide us with your business card or contact us via our social media); when you register interest in our Services.

From publicly accessible sources

your website; your profiles on social media platforms (e.g., LinkedIn, Facebook, Twitter); professional networking groups and databases.

Third-parties

from another organisation or professional who told us that you would like to hear from us; or if you visit our Platform by clicking on our advertisement on social media or another website or app.

Automated technologies or interactions

as you interact with our Platform and advertisements, we may automatically collect technical data (as described in Clause 3 above). We collect this Personal Data by using cookies, server logs and other similar technologies.

 

6. HOW AND WHY WE USE PERSONAL DATA?

According to the Data Protection Legislation, we can only use your Personal Data if we have a proper reason for doing so, for example: Consent, contact, legitimate interests, or legal obligation.

    1. Consent. Generally, we do not rely on Consent as a legal basis for Processing your Personal Data other than:
      1. to place cookies and similar tracking technologies on your device including third-party cookies; and
      2. when using your Personal Data for certain marketing purposes (see the Marketing clause (Clause 7) of this Privacy Policy for further details).
      3. Where your permission is required, we will ask you for such Consent clearly and separately from the body of this Privacy Policy or our Terms and Conditions. You have the right to withdraw consent to marketing at any time. For further information, please see the Marketing clause (Clause 7) of this Privacy Policy.
    2. Contract. We will use your Personal Data if we need to do it to perform our obligations under a contract with you, or if it is necessary for a contract which we are about to enter with you. For example, if we need to:
      1. register you as a new User and administer your Account (e.g., set up your payment profile);
      2. provide our Platform Services to you (e.g., facilitate payments by Buyers); or
      3. manage our relationship with you (e.g., to respond to your enquiries or to notify you about changes to our Platform Services).
    3. Legitimate interests. We may process your Personal Data when we (or a third- party) have a legitimate reason to use it, so long as this is not overridden by your own rights and interests. For example:
      1. to administer and protect our business and our Platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
      2. to manage your Account and our relationship with you;
      3. to manage payments, fees, charges, and to collect debts which you may owe to us;
      4. to interact with you professionally (e.g., if you represent our current or prospective customer, supplier, or business partner) to manage our relationship with the organisation you represent;
      5. to provide you with a free service (e.g., a free trial or the use of the functionalities of our website);
      6. to ask you to leave a review, give Feedback or complete a survey;
      7. for marketing purposes (see the Marketing clause (Clause 7) of this Privacy Policy for further details);
      8. to increase our business or promote our brand through delivering relevant Platform Content, advertisements, and marketing communications to you;
      9. to measure or understand the effectiveness of the advertising we provide to you; or
      10. to improve our Platform, products, services, marketing, and customer relationships; for the prevention and detection of fraud and spam; and for the establishment, exercise, or defence of our rights under our contract with you and/or legal claims.
    4. Legal obligation. We may Process your Personal Data to comply with our legal obligation, including but not limited to:
      1. notify you about changes to our terms or Privacy Policy;
      2. address your complaint; or
      3. comply with a request from a competent authority.

 

7. MARKETING

    1. Our marketing communication
      1. We may contact you about our Platform Services by email, in-platform messages, phone, or post. We rely on our legitimate interests to use your Personal Data in this way, except when your express Consent is required by law. If you are not representing a business and are not our existing customer, we will only send marketing emails to you when you expressly agree to that.
    2.  Profiling
      1. If you are our existing User, we may use the information we have about you (such as what product you previously bought from us, where you are based, how you use our Platform) to make predictions on what other products may be of interest to you. We will use that information to make our marketing emails and offers relevant to you. This type of Personal Data use is called ‘Profiling’. We will do that on the basis of our legitimate interests.
    3. Cookies and similar technologies
      1. The Platform of Flow Marketplace uses cookies. Cookies are text files that are stored in a computer system via an internet browser.
      2. Many internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Platform and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited internet sites and servers to differentiate the individual browser of the Data Subject from other internet browsers that contain other cookies.
      3. A specific internet browser can be recognized and identified using the unique cookie ID.
      4. Through the use of cookies, Flow Marketplace can provide the Users of our Platform with more user-friendly services that would not be possible without the cookie setting.
      5. By means of a cookie, the information and offers on our Platform can be optimized with the User in mind. Cookies allow us, as previously mentioned, to recognize our Platform Users. The purpose of this recognition is to make it easier for Users to utilize our Platform. The Platform user that uses cookies, e.g., does not have to enter access data each time the Platform is accessed, because this is taken over by the Platform, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.
      6. The Data Subject may, at any time, prevent the setting of cookies through our Platform employing a corresponding setting of the internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an internet browser or other software programs. This is possible in all popular internet browsers. If the Data Subject deactivates the setting of cookies in the internet browser used, not all functions of our Platform may be entirely usable. 
      7. We may also such cookies and similar tracking technologies (for example tracking pixels in our marketing emails and website/app advertisements) and analytics services (such as Google Analytics) to collect information about your use of our Platform, Services and your interactions with our marketing emails and advertisements.
      8. In addition, third-party advertising platforms (for example, Facebook, Google, and LinkedIn) may also use their advertising pixels and other cookies on our website and in our emails with our permission. Their cookies are used to track visitors across websites in order to deliver adverts more relevant to them and their interests. The advertisers may use information about your visit to our website to target advertising to you on other websites. 
      9. We will ask for your consent to the use of non-essential cookies, including third-party cookies. You can find further information about the cookies used on our Platform and the purposes they are used for by going to https://www.civicuk.com/cookie-control.
    4. Data from other providers
      1. We use Lusha and Apollo to obtain additional contact details for our prospective User and Buyers (or individuals representing our existing Users) from other sources, such as their social media profiles. This type of Personal Data use is also called ‘Profiling’. We will use your Personal Data in this way on the basis of our legitimate interests.
      2. If you click on our advertisement on social media (for example, Facebook or Google) or a website or app or another provider (for example, LinkedIn), that provider will share with us information about you, by virtue of you visiting our Platform from their service.
    5. Third-party advertising
      1. We may share your name, email address, telephone number, and other information, such as whether you made any purchases with us and how much you spent, for our advertising purposes with social media platforms and other third-party advertising providers (for example, Facebook, Google, or LinkedIn). The third-party advertising provider will use that information to match it against the list of their own users. If the email address or telephone number we give them matches with their list, they will use it to show you our advertisements on their platform.
      2. The third-party advertising providers will also use that information to combine it with the information they hold on you (for example, your interests, likes, advertisements you previously clicked on) and match it with other users of their services who share similar characterises. They will then show our advertisements to those other people. The third-party advertising providers will use your data and the other ‘look like’ users’ data in this way as data controllers on the basis of their terms and policies that govern their users’ use of their services. They will not share any of that information with us. However, if you are one of such ‘look like’ users of the third-party advertising provider and come to our Platform by clicking on our advertisement on that provider’s platform, we will know that you came to us that way. The third-party advertiser may also share certain statistical information with us (for example, the demographic composition of persons that interacted with our advertisement).
      3. We will share information with third-party advertising providers for the above purposes only if you Consent to our sharing of your Personal Data with third-parties for advertising purposes on third-party platforms.

 

8. WHO WE SHARE PERSONAL DATA WITH?

We may share your information with third-party for the purposes set out in this Privacy Policy.

    1. Service provision
      1. If you are a registered User of our Platform, we will share your Personal Data with other Users. For example, if you are a Buyer of Platform Services, we will share your information with Freelancers and vice versa. Buyers and Freelancers will also be required to use the web-based project management and messaging system on the Platform. 
      2. We may also payment gateways, including Stripe and PayPal, to process payments in connection with providing our Services. If you pay us using Stripe or if you receive payments from us through Stripe, you will be providing your Personal Data (for example, details of your payment card and billing address) to Stripe. 
      3. Stripe will, if necessary, pass on Personal Data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfil contractual obligations or for data to be Processed in the order.
      4. The Data Subject has the possibility to revoke Consent for the handling of Personal Data at any time from Stripe. A revocation shall not have any effect on Personal Data which must be Processed, used, or transmitted in accordance with (contractual) payment processing.
      5. For information on how Stripe uses Personal Data, please see their privacy policy.
    2. Social media
      1. We may share your Personal Data with Facebook, Google, and LinkedIn when you use the social media buttons embedded in our Platform. Please also see the Marketing clause (Clause 7) for further details of sharing information with social media platforms.
    1. IT and technology
      1. We may also share your Personal Data with providers of other IT, digital, and technology products and services, which we use to operate our business. For example, providers of website hosting services, website and app analytics services, customer email services, digital marketing services, and social media advertising services. We impose contractual obligations on the above providers to ensure that your Personal Data is protected. 
    1. Other sharing. We may also:
      1. share your Personal Data with members of our staff, our parent company, Venture Stream Ltd;
      2. disclose your Personal Data to professional advisers (e.g., lawyers, accountants, auditors, or insurers) who provide professional services to us;
      3. disclose your Personal Data to certain third-party if specifically requested or agreed with you (e.g., if you ask us to introduce you to a third-party);
      4. disclose and exchange certain Personal Data (where applicable) with law enforcement agencies and regulatory bodies to comply with our legal obligations; and
      5. share some Personal Data with other parties, such as potential Buyers of some or all our business, potential investors, or group companies if our business undergoes a corporate re-structure.

Such data Recipients will be bound by confidentiality obligations.

 

9. INTERNATIONAL DATA TRANSFERS

    1. Transfers of Personal Data outside the United Kingdom are subject to special rules under the Data Protection Legislation.
    2. If you are based outside the United Kingdom, we may receive and transfer your Personal Data directly to you to the country where you are based.
    3. We may also transfer your Personal Data to providers based in the European Economic Area (the “EEA”). The UK Government has recognised the EEA as providing an appropriate level of protection to the data protection rights of individuals.
    4. We may also transfer your Personal Data to technology providers based in the USA. To protect your information, we have entered into the standard contractual data protection provisions (the “Standard Contractual Clauses”) with the third-parties in those territories with whom we share your data. The Standard Contractual Clauses are one of the appropriate data transfer safeguards specified in the UK Data Protection Legislation.

 

10. HOW LONG WE KEEP PERSONAL DATA

    1. We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal Data for a longer period in the event of a Complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
    2. To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we Process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.
    3. If the Data Subject requests for termination or terminates their Account, the Personal Data shall be retained for a period of one (1) year from the date of such termination.
    4. We may also Anonymise your Personal Data (so that it can no longer be associated with you) for analytics, research, or statistical purposes, in which case we may use this information indefinitely without further notice to you.

 

11. RIGHTS OF THE DATA SUBJECT 

You have several rights in relation to your Personal Data, which allow you to access and control your information in certain circumstances. You can exercise these rights free of charge unless your request is manifestly unfounded or excessive (in which case we may charge a reasonable administrative fee or refuse to respond to such request).

Your right

Explanation

Access

This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully Processing it.

Rectification

The right to require us to correct any inaccuracies in your Personal Data.

To confirmation

The right to confirmation is granted to you by the European legislators to obtain from the Controller the confirmation as to whether Personal Data concerning you is being Processed.

Erasure (to be forgotten)

The right to require us to delete your Personal Data in certain situations.

Restriction of Processing

The right to require us to restrict Processing of your Personal Data in certain circumstances (e.g., if you contest the accuracy of the data we hold).

Data portability

The right to receive, in certain situations, the Personal Data you provided to us, in a structured, commonly used, and machine-readable format and/or transmit that Personal Data to a third-party.

To withdraw Consent

The right to withdraw your Consent, if we rely on your Consent to use your Personal Data.

To object

The right to object at any time to your Personal Data being Processed for direct marketing (including Profiling) or, in certain other situations, to our continued Processing of your personal Data (e.g., Processing carried out for the purpose of our legitimate interests).

Not to be subject to automated individual decision-making

The right not to be subject to a decision based solely on automated processing (including Profiling) that produces legal effects concerning you, or similarly significantly affects you.

If you would like to exercise any of those rights, please contact us at [email protected]. Please let us know what right you want to exercise and the information to which your request relates.

12. INFORMATION SECURITY

    1. We have appropriate security measures to prevent Personal Data from being accidentally lost or used or accessed unlawfully. We limit access to your Personal Data to those who have a genuine business need to access it. Those Processing your Personal Data will do so only in an authorised manner and are subject to a duty of confidentiality.
    2. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
    3. This Platform ensures that data is encrypted when leaving the Platform. This process involves the converting of information or data into a code to prevent unauthorised access. This Platform follows this process and employs secure methods to ensure the protection of all credit and debit card transactions. Encryption methods such as SSL are utilised to protect customer data when in transit to and from this Platform over a secure communications channel.
    4. Whilst we do everything within our power to ensure that Personal Data is protected at all times from our Platform, we cannot guarantee the security and integrity of the information that has been transmitted to our Platform.

 

13. ROUTINE ERASURE AND BLOCKING OF PERSONAL DATA

    1. The Controller Processes and stores the Personal Data of the Data Subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislators or other legislators in laws or regulations to which the Controller is subject.
    2. If the storage purpose is not applicable, or if a storage period prescribed by the European legislators or another competent legislator expires, the Personal Data are routinely blocked or erased in accordance with legal requirements.

 

14. COMPLAINTS

    1. We hope that we can resolve any query or concern you may raise about our use of your information. You may contact us by using the contact methods set out in the ‘contact us’ section of this Privacy Policy.
    2. The Data Protection Legislation also gives you a right to lodge a complaint with a supervisory authority, in the country where you work, normally live or where any alleged infringement of data protection laws has occurred. The supervisory authority in the United Kingdom is the Information Commissioner, who may be contacted at https://ico.org.uk/make-a-complaint/, telephone on 0303 123 1113, or by post to: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
    3. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority, so please contact us in the first instance.

 

15. CHANGES TO THIS PRIVACY NOTICE

    1. This Privacy Policy was last updated on the date first mentioned above.
    2. We may change this Privacy Policy from time to time; when we do, we will publish the new version of the Privacy Policy on our Platform. If you are our User, we may also inform you via email or post. However, by continuing your access to our Platform you agree that you have read the updated Privacy Policy and are bound by it.

 

16. PROVISION OF PERSONAL DATA AS STATUTORY OR CONTRACTUAL REQUIREMENT

We clarify that the provision of Personal Data is partly required by law (e.g., tax regulations) or can also result from contractual provisions (e.g., information on the contractual partner). Sometimes it may be necessary to conclude a contract that the Data Subject provides us with Personal Data, which must subsequently be processed by us. The Data Subject is, for example, obliged to provide us with Personal Data when we sign a contract with him or her. The non-provision of the Personal Data would have the consequence that the contract with the data subject could not be concluded. Before Personal Data is provided by the Data Subject, the Data Subject must contact us. We will clarify to the Data Subject whether the provision of the Personal Data is required by law, contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the Personal Data and the consequences of non-provision of the Personal Data.

17. CONTACT US

If you have any questions regarding any part of this Privacy Policy or our use of your Personal Data, please contact us by email at [email protected], by post to the address above, or by phone on 0191 640 2700.

You acknowledge that you have read, understood, and accepted to be bound by this Privacy Policy.

Effective as of March 17, 2022