FUTRLI DEVELOPMENT PROGRAM AGREEMENT

FUTRLI DEVELOPMENT PROGRAM AGREEMENT

Last updated 02/07/2018

INTRODUCTION

This document outlines the Terms and Conditions of the Futrli Development Program. Please read these carefully. By continuing to partake in Futrli’s Development Program you acknowledge that you have read these Terms in full and are consenting to be bound by the Terms of this agreement. The agreement is subject to change. Any changes will be found on this page and we will notify you by email when changes occur. By continuing to partake in the Futrli Development Program after being notified you are agreeing to such changes.

TERMS AND CONDITIONS

FUTRLI IS THE TRADING NAME OF HAMY LIMITED. HAMY LIMITED IS A LIMITED COMPANY REGISTERED IN ENGLAND AND WALES (registration number 07777298). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE SIGNING AND AGREEING TO BE BOUND BY THEM.

DESCRIPTION OF THE DEVELOPMENT PROGRAM

  1. The Futrli Development Program is a user-assisted development program, which consists of financial and non-financial data collation, categorisation, forecasting, reporting, monitoring, analysis and benchmarking, with the use of human and machine learning algorithms, for the purposes of improving the Services, app development and for related analysis.
  2. Partaking in this program is voluntary and consent to be a part of the development program may be withdrawn at any time.
  3. By agreeing to partake in the Futrli Development Program you represent and warrant to FUTRLI that: (i) you are of legal age to form a binding contract, and you are at least 16 years of age or older; (ii) all information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information, and (iv) you certify that you are legally permitted to provide and/or grant access to any information, which is supplied to Futrli as part of the Development Program.

YOUR CONTENT

  1. As part of the Futrli Development Program, you may provide or grant access to information, which may be used by Futrli as part of the Development Program. By doing so, you understand that by providing or granting access to content, materials or information (collectively, “Your Content”), Futrli is granted a non-exclusive, worldwide, irrevocable, royalty-free license to use, process, store, copy, reproduce, reformat, translate, modify and create derivative works of Your Content (which may also include your personal information) in an aggregated, anonymous and non-identifiable manner.
  2. You acknowledge and agree that Futrli may use Your Content in an aggregated, anonymous and non-identifiable manner for improving the Services, for app development and for related analysis.  
  3. Where Personal Information is supplied, Futrli will only use this information with your consent, for the purposes of (i) contacting you regards the Development Program and (ii) assisting the Development Program for the purposes outlined above.

DATA PROTECTION

  1. Any defined terms not defined in these Terms shall be construed as defined by the General Data Protection Regulation (EU) 2016/679 (together, along with any national implementing legislation, “Data Protection Laws”).
  2. As part of the Futrli Development Program, you grant Futrli the use, process, store, copy, reproduce, reformat, translate, modify and create derivative works of your data in accordance with and in pursuance of the purposes and rights established above.
  3. Futrli shall (i) only process your Personal Data in accordance with your written instructions, in accordance with this Development Program Agreement and to the extent required for the purposes outlined above. (ii) notwithstanding any other liability provisions in these Terms, not be liable to you for any claims or complaints made by a Data Subject with regards to Futrli’s actions under these Terms; (iii) ensure that personnel handling your Personal Data are aware of its confidential nature and treat it as such; and (iv) take appropriate technical and organisational measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data taking into account the nature of the Processing and harm that might result from such unauthorised or unlawful Processing, loss, destruction or damage and the nature of the Personal Data to be protected.
  4. You acknowledge and agree that Futrli may engage sub-processors to process the Personal Data. If so, Futrli will ensure that any such sub-processor has entered into a written agreement with Futrli requiring the sub-processor to abide by the same terms set out in this document.
  5. Your data will be stored, processed or transferred to/on servers based in the European Economic Area (“EEA”), on servers based in countries which comply with the European Commission’s adequacy decisions, or in the US in accordance with the EU-US Privacy Shield.
  6. We utilise standard contractual clauses approved by the European Commission and rely on the European Commission’s adequacy decisions about certain countries, as applicable, for data transfers from the EEA to the United States and other countries.
  7. Futrli will provide you with reasonable assistance in relation to your rights as Controller and the rights of the Data Subjects. You acknowledge that you are responsible for Data Subject Requests and if we receive any such request, we will redirect it to you within 30 (30) Working Days of receipt (a Working Day is any day other than Saturday and Sunday on which the clearing banks in the city of London are open for business). To the extent that we hold any Personal Data you need access in order to respond to any such requests, we will provide you with the Personal Data available to us in accordance with any time periods laid down by Data Protection Laws.
  8. In the event that you or any Data Subject requests that Personal Data is deleted, FUTRLI will remove, erase, delete or destroy such Personal Data within 30 Working Days.

YOUR WARRANTY

  1. If you provide any Personal Data, including Personal Data relating to other individuals to Futrli, you represent and warrant that (i) you will comply with all applicable laws relating to the collection, use and disclosure of Personal Data, (ii) you have obtained all permissions and consents where necessary to permit Futrli to process the Personal Data for the provision of this Development Program Agreement and as set out in these Terms.

RESTRICTIONS

  1. You acknowledge that all of Your Content provided to Futrli and any data access provided to Futrli, as part of the Development Program, is provided at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will Futrli be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available as part of the Development Program.

INDEMNITY

  1. You will indemnify and hold FUTRLI, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of this Development Program or your violation of this Agreement or applicable laws, rules, regulations in accordance with this Program.

LIMITATIONS OF LIABILITY

  1. IN NO EVENT SHALL FUTRLI OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE DEVELOPMENT PROGRAM OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND FUTRLI’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

OTHER TERMS

  1. You agree that Futrli may send you notices via e-mail or regular mail. If it is decided in a court of law that one or several of the Terms (or any part of a Term) are in violation of the law, those terms will be changed or deleted as appropriate, but the others will remain as unmodified Terms. You agree to use all reasonable endeavours to resolve any dispute in relation to the Services, including speaking to us and trying to resolve the matter, our contact details are on the FUTRLI website, before issuing any legal proceedings. This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.

GETTING IN CONTACT

If you would like further information on the Futrli Development Program please get in contact by emailing data@futrli.com. For more information about your rights or to exercise them, please email dpo@futrli.com. For data access requests please provide the following details:

  • The personal information you want to access
  • Where it is likely to be held
  • The data range of the information you wish to access.

We will also need you to provide information that will help us confirm your identity. If we hold any personal information about you, we will give you a copy of the information in an understable format together with an explanation of why we hold it and how we use it. Once we have all of the information necessary to respond to your request we will provide your information to you within 30 days. This timeframe may be extended if your request is particularly complex.