Thank you for selecting the Services offered by 123OFC (part of the Reallyhelpy company Ltd) and/or its subsidiaries and affiliates (referred to as “123OFC”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and 123OFC. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorized representative, in which case the terms “you” or “your” will refer to such entity and its affiliates as well as you. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorized representative.
A. GENERAL TERMS
This Agreement describes the terms governing your use of the 123OFC Services. It includes by reference:
123OFC’s Privacy Statement Additional Terms and Conditions, which may include those from third parties. Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc. You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:
2. YOUR RIGHTS TO USE THE SERVICES.
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by 123OFC. 123OFC reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, 123OFC grants to you a personal, limited, nonexclusive, non transferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
For Services offered on a payment or subscription basis, the following terms apply if you are the User paying for the Services, unless 123OFC or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
Payments will be billed to you by 123OFC in pounds sterling (£) (plus any and all applicable taxes, including without limitation VAT) as shown in the product ordering and subscription terms. Payment will be due 30 days from invoice. You must pay with one of the following:
If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse your use of the Services. 123OFC will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement. Additional cancellation or renewal terms may be provided to you on the website for the Services.
4. USE WITH YOUR MOBILE DEVICE.
Use of these Services may be available through a compatible mobile device, the Internet, and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
123OFC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5. DATA PROCESSING AND PRIVACY.
5.1. Data Processing and Privacy: (a) 123OFC is the controller of the personal information it processes about you when you use the Services and (b) You acknowledge that 123OFC will process your personal information as described in our Privacy Statement when you use our Services.
6.1 You are responsible for your content. You are responsible for all materials, data, and personal information (“Content”) uploaded, posted or stored through your use of the Services. You grant 123OFC a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. 123OFC is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
Except as permitted by 123OFC in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
Virus, trojan horse, worm or other disruptive or harmful software or data; and Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
6.2 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public (“Community Forum”). 123OFC does not support and is not responsible for the content in these Community Forums. Please use respect when you interact with other users in a Community Forum. Do not reveal confidential or other information that you do not want to make public. Users may post hypertext links to content of third parties for which 123OFC is not responsible.
6.3 123OFC may freely use feedback you provide. You agree that 123OFC may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant 123OFC a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to 123OFC in any way.
6.4 123OFC may monitor your Content. 123OFC may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect 123OFC or its customers, or operate the Services properly. 123OFC, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7. ADDITIONAL TERMS
7.1 123OFC does not give professional advice. Unless specifically included with the Services, 123OFC is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other 123OFC services. You may be offered other services, products, or promotions by 123OFC (other “123OFC Services”). Additional terms and conditions and fees may apply. With some 123OFC Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.
7.3 Communications. 123OFC may be required by law to send you communications about the Services or third party products. You agree that 123OFC may send these communications to you via email or by posting them on our websites.
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact 123OFC if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 123OFC, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,“SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. 123OFC AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. TO THE EXTENT PERMITTED BY THE APPLICABLE LAWS OF ENGLAND AND WALES ANY IMPLIED WARRANTIES IN RESPECT TO THE SERVICES, SOFTWARE, AND CONTENT ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 123OFC, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
9. LIMITATION OF LIABILITY AND INDEMNITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF 123OFC, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, 123OFC, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET 123OFC SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF 123OFC AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF 123OFC, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE. NOTWITHSTANDING THE FOREGOING, NO PROVISION OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY THE APPLICABLE LAWS OF ENGLAND AND WALES AND FOR THE AVOIDANCE OF DOUBT 123OFC DOES NOT EXCLUDE LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ANY OTHER LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED BY CONTRACTUAL AGREEMENT OF THE PARTIES.
You agree to indemnify and hold 123OFC and its affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). 123OFC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by 123OFC in the defense of any Claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
123OFC may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect 123OFC’s rights to any payments due to it. 123OFC may terminate a free account at any time. Sections 2.2, 3 through 16 will survive and remain in effect even if the Agreement is terminated.
12. EXPORT AND TRADE RESTRICTIONS.
You agree that you and your personnel who use the Services are not prohibited from receiving the Services under the laws of the United States, England, Wales, or other applicable jurisdiction. For example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals or the United Kingdom HM Treasury Financial Sanctions List, or are subject to any other similar prohibition. You will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
13. GOVERNING LAW AND JURISDICTION.
This Agreement will be governed by the laws of England and Wales, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of 123OFC’s or its Suppliers’ intellectual property rights may cause 123OFC irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that 123OFC shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect 123OFC’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of England and Wales and you agree that you will procure that any third party making a claim against 123OFC arising out of this Agreement shall bring such claim exclusively in the English courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
123OFC does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. 123OFC prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
14. COMPLIANCE WITH PRESERVATION ORDERS.
You agree that we may preserve data where and to the extent required for compliance with any order or notice, whether issued to 123OFC or to you, and whether issued by any court, tribunal, regulatory authority, arbitral tribunal or any body or authority exercising judicial, quasi-judicial, regulatory, or arbitral power or authority, requiring the preservation of any data, information documents or Content (a “Preservation Order”). To the extent that a Preservation Order has been issued to you, you acknowledge that you are solely responsible for your compliance with it.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
This Agreement, including the Additional Terms below, is the entire agreement between you and 123OFC and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of 123OFC. However, 123OFC may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by 123OFC or © a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact 123OFC via an email to: support@123OFC.com.
B. ADDITIONAL TERMS AND CONDITIONS FOR 123OFC Business Manager
Your use of the following Services provided by 123OFC are subject to the General Terms of Service above and these Additional Terms and Conditions. These Additional Terms and Conditions will prevail over any conflict or inconsistency with the General Terms of Service.
Each of the following products and services are referred to in this Agreement as a “Service” and together as the “Services”:
1.1. 123OFC Business Manager is an online solution for businesses to perform business tasks through an online account (each a “123OFC Account”). Each 123OFC Account may only be used to support one business.
1.5. Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator’s (as defined below) email address. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.
2.1. Types of Users.
The Services allow the following types of access and user rights: When you initially register for and create an account for a Service, you are, or a party that you authorize is, the administrator (“Administrator”). Administrators may authorize additional individuals to access the Services through the same account (“Additional Users”). The number of Additional Users may be limited based upon the subscription you purchase. Additional Users may include, for example, your employees, accountant, contractors, agents, and clients. You may be referred to in this Agreement as “you”, “your”, or “User”, or you may be referred to specifically in your applicable role as an Additional User or an Administrator. All Users will be required to accept this Agreement before accessing the Services. With respect to 123OFC or each 123OFC Account you access, you agree to these terms as an Administrator or an Additional User, as applicable. As any User of the Services, unless otherwise explicitly stated in this Agreement, all of these terms apply to you each time you access the Services.
2.2. For Administrators.
As an Administrator, the following applies to you: Only Administrators may designate another individual as a replacement Administrator. Depending on the types of access rights you grant to Additional Users, Additional Users may be able to delete, copy, or view the Content and data accessible in your account and add charges to the subscription. As Administrator, you are responsible for the access to the Services you grant to Additional Users. If you choose to terminate your access to a Service or delete all of the data in a 123OFC account, no one will be able to access such Service or any of the data within such Service. You agree to provide sufficient notice to Additional Users or persons the data is about regarding your desire to terminate access to the Services before taking such actions. A violation of any terms of this Agreement by an Additional User may result in the termination of an Administrator’s or any Additional User’s access to the Services.
2.3. For Additional Users.
As an Additional User, the following applies to you: When you register to access an account for which you are not an Administrator, you understand that you are accessing the Service as an Additional User and you may not have the same level of access or the same rights as an Administrator. Depending on the types of rights you are granted by the Administrator, you may be able to delete, copy, or view other User’s Content and data. Please make sure that you have an agreement with the Administrator about your role and rights. If an Administrator chooses to close or terminate access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. As an Additional User, you understand that if you violate this Agreement, your access to our Services may be terminated, and we retain the right to also terminate access for any other Users of the same account.
3.1. Payment for Services.
The Services are licensed on a monthly or yearly subscription basis to the User that pays for the Service. As the Administrator, you may choose whether you or another User pays for the license. Please review all of the details of the subscription that you purchase; some subscriptions provide access to one Service and others provide access to more than one Service.
3.2. Subscription Cancellation.
The Administrator may notify us if he or she wants to cancel the subscription prior the beginning of the new subscription period. In the event that 123OFC is unable to charge a User’s chosen payment method in accordance with this Agreement, we may terminate this Agreement and access to the Services immediately, without notice. If you stop using the Services, 123OFC has fulfilled your subscription term. Fees for the Services are not eligible for any proration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated. After your access to the Services is terminated, you may no longer have access to any of the data or Content in the Services. We suggest you retain your own copies of any data or Content that you may need as 123OFC is not responsible for providing you with access to your Content or the Services after any cancellation or termination of this Agreement.
4. ACCOUNT FEATURES.
4.1. Trial Version.
If you registered for a trial use of the Services, you will have access to the Services for the specified period of the trial (“Trial Period”). You must decide to purchase a license to the Services within the Trial Period in order to retain access to any Content or data provided or created during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, you will not be able to access or retrieve any of the data or Content you added to or created with the Services during the trial.
4.2. Beta Features.
From time to time, we may include new or updated beta features in the Services (“Beta Features”). Beta Features may have associated fees, which will be disclosed to you at the time you choose to use the Beta Features. We understand that your use of any Beta Feature is voluntary. You understand that once you use a Beta Feature, you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the prior non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Feature is at your sole risk.
5. PERSONAL INFORMATION.
5.1. The terms “Controller,” “Processor,” “data subject,” “personal data (also referred to as Personal Information in the Agreement)” and “processing” (and “process”) shall have the meanings given in the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation).
5.2. Our Role.
We are a Processor of the Personal Information we process on your behalf through the Services. Our processing of such Personal Information is governed by our Data Processing Agreement, which are incorporated herein by reference.
5.3. Personal Information.
You represent and warrant to us that:
You will provide appropriate notice and have obtained (or will obtain) all consents and rights necessary for us to Process the Personal Information in accordance with this Agreement and our Privacy Statement; If you are providing Personal Information to us that is not personal to you, you agree that you have either provided the data subject notice or received permission from the data subject and have the appropriate legal basis, as required by applicable law, for us to: (a) use, and/or disclose the personal information in accordance with our Privacy Statement, (b) move the data outside of the country of residence of such owner of the personal data, if applicable, pursuant to our Privacy Statement, (c) provide the Personal Information to Third Party Products that you approve, and (d) otherwise use and disclose the personal information in accordance with this Agreement; and If there is any discrepancy between this Agreement and the 123OFC Privacy Statement with respect the collection, use, and/or disclosure of the personal information, the Privacy Statement will control. You further acknowledge and agree that 123OFC may provide data in your account to any Additional Users to which that data is applicable or personal to.
5.4. Public Content.
As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data (“Account Content”) with other Users, other 123OFC customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not 123OFC, for information and guidance purposes only, and 123OFC and such User are not responsible in any way for your use the Account Content.
5.5. Telephone numbers.
You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that 123OFC may use your telephone number for “multi-factor authentication” (“MFA”), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve 123OFC sending text messages containing security codes to your telephone number. You agree to receive these texts from 123OFC containing security codes as part of the MFA process. In addition, you agree that 123OFC may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services. With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to 123OFC (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details).
6. OTHER PRODUCTS AND SERVICES.
6.1. Third Party Products.
By using these Services, you agree that we may market to you or offer you access to products or services from third parties (“Third Party Products”). If you decide to use or access any Third Party Products, you agree that you are solely responsible for your relationship with the provider of the product. 123OFC is not affiliated with Third Party Products and does not endorse or recommend any Third Party Products. You agree that the providers of the Third Party Products, and not 123OFC, are solely responsible for their own actions or inactions. 123OFC is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products. You agree that you will (a) review and comply with all Third Party Product terms and conditions, and (b) not use the Third Party Product in any manner that would infringe or violate the rights of 123OFC or any other party or in furtherance of criminal, fraudulent or other unlawful activity.
6.2. Data Transfer Service.
We may provide you with the opportunity to transfer your account Content from the Services to certain supported online Third Party Products or other online 123OFC services (the “Ancillary Services”) that you sign up for or use in connection with the Services (the “Data Transfer Service”). You may need to be an active subscriber of the Third Party Product or Ancillary Services to use the Data Transfer Service. In order to access a Third Party Product or an Ancillary Service on your behalf to provide the Data Transfer Service, you may need to provide us with your account number, password, security questions and answers, and any other necessary log in information from time to time (“Login Details”). We will maintain your Login Details in encrypted form, and will only use them in connection with the Data Transfer Service or otherwise at your direction. You hereby represent that you have the authority to provide the Login Details to 123OFC and you expressly appoint 123OFC as your, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Products or Ancillary Services on your behalf. With respect to each Data Transfer Service, you grant 123OFC the right to transfer data to the Third Party Product or Ancillary Service, and to reformat and manipulate the data as reasonably necessary for the data to function with such product or service. After the transfer occurs, the original data and Content will remain in the Services unless we disclose to you otherwise.
You agree that you will (a) review and comply with all Third Party Product or Ancillary Service terms and conditions before you access the Data Transfer Service, and (b) not use the Data Transfer Service in any manner that would infringe or violate the rights of 123OFC or any other party, or in furtherance of criminal, fraudulent or other unlawful activity. We do not guarantee that you will be able to use the Data Transfer Service with any specific products or services. You will only have access to the Data Transfer Services during the period for which you have paid for a subscription. Third Party Products may make changes to their websites, with or without notice to us, that may prevent or delay the overall performance of the Data Transfer Service.
6.3. Data Receipt Service.
6.4. Service Providers.
We may use third parties in the operation of our Services or to perform any of our obligations in this Agreement (each a “Service Provider”). In order for our Service Providers to be able to provide you with certain aspects of the Services, we may share your data or Content with such Service Provider.
7. COMMUNICATION SERVICES.
We may provide you with the opportunity to communicate with other Users within the Services, or with other third parties through the Services (“Communication Services”). You may choose whether or not you would like to use the Communication Services. You agree that you have received permission to communicate with any third parties who are not Users through the Communication Services, and that such third parties have agreed to 123OFC’s use and disclosure of data available in the Communication Services in accordance with this Agreement. Users who you communicate with may have access in the future to the data provided through the Communication Services, and you may not have the ability to restrict that access. 123OFC’s systems may extract certain data (e.g., numbers, names, or attachments) from the Communication Services and provide it to you in other parts of the Services.
This Version is Effective 23 October, 2020
We understand that the privacy of your information is important to you, and we are committed to being transparent about how we use, share, and protect your information. To help further our commitment, we have developed this Privacy Statement to help you better understand the types of information we collect, why we collect it, how we will use it, and the various options you have to manage the privacy of your personal information.
Scope of this Privacy Statement
This Privacy Statement describes our privacy practices for information we collect from or about individuals who are located in the European Economic Area (“EEA”) through our services, sites, products, mobile applications, desktop applications, software that are directed to the EEA (collectively, “Services”) and other initiatives directed to the EEA such as marketing and product trainings.
In addition, please note that this Privacy Statement only applies where we process personal information about you as a data controller. It does not apply to Services where we process personal information as a data processor on behalf of a controller. When we are a processor, the privacy statement of the relevant controller on whose behalf we process will apply.
When we process your personal information as a data controller, 123OFC (part of the Reallyhelpy company Ltd). (referred to in this Privacy Statement as “123OFC,” “us,” “we,” “our”) is the controller of your personal information and contact details are provided below under the heading “How to Contact US”.
This Privacy Statement includes some important information, please take the time to read the entire Privacy Statement. Of course, if you have any questions please reach out to us.
1. What Information We Collect.
Information You Give Us.
Creating an Account. When you create an account we collect information that allows us to set up or open your account, such as your name, shipping address, billing address, email address, phone number, user ID, and password.
Using our Services. We receive information from you when you use our Services, such as information about your business, invoices, and financial statements.
Customer Support, Product Research, Trainings, and Feedback. When you reach out to us for support give us feedback, participate in optional surveys, product research or trainings, we may also collect information that you choose to share.
Information We Get When You Use the Service.
Device information. We may collect device information such as Internet Protocol (“IP”) addresses, log information, error messages, device type, and unique device identifiers. For example, we may collect IP addresses from you when you log into the Services as part of our log-in and security features.
Usage Information. We may collect usage information such as the pages you viewed, the features you use, your browser type, error reports, and any links you click on to leave or interact with our Services. Location Information. Certain Service features may collect your precise location data, device motion data, or both, if you grant permission to do so in your device settings.
Content. We may also collect content that you provide through the Services, such as information about your business such as your invoices, expenditures or customer details; content you post on our community pages; content you provide to our customer care agents; and feedback you provide about the Services.
Camera and Contacts. Certain Service features may have access to your camera and contacts if you grant permission in your device setting.
Information from Cookie and other Technologies. 123OFC and our service providers may use commonly-used tools such as cookies, web beacons, pixels, local shared objects, and similar technologies (collectively, “Cookies”) to provide the Service you requested, recognize your visit, track your interactions with our Services, and improve your and other customers’ experience. You have control over some of the data we collect from Cookies and how we use it. For more information, please see our Cookies Policy.
Some of the functionalities in our Service may require you to provide information in order for you to use the Service. If you do not wish to provide the required information, you may not be able to use certain features or the Service. We will try to let you know what information is required and what information is optional. We may also combine information that you provided us with information about you that we get from other sources, in accordance with applicable law.
2. How Do We Use Your Information.
We use your information in various ways, including to:
Provide, Improve, Protect, and Deliver the Services. To provide you with the Services that you have accessed or requested; to personalize your experience; to provide technical support; to protect the security and safety of the Services, our customers, 123OFC, and others; or to otherwise operate our business.
Communicate with You. From time to time we may communicate with you, including to: provide you with important information about the Services or your accounts, such as subscription related information. give you offers for third-party products and services that we think may be of interest to you. send you information about 123OFC, other 123OFC products and services, special offers, and new product releases.
Protect 123OFC and Others. To protect 123OFC, our customers, and others such as for the purpose of combatting fraud.
Analyze Your Information. We may use both manual and automated systems, such as machine learning and artificial intelligence, to: analyze your information to improve our Services; personalize your experience; automate certain aspects of the Service; provide you certain features; and protect the safety and security of 123OFC, our Services, our customers and others.
In general, we will use the personal information we collect from you only for the purposes described in this Privacy Statement or for purposes we provide at the time we collect your personal information.
3. How We Share Your Information.
From time to time, we may need to share your information, but we will only share your personal information for the following reasons:
With your consent. We may share your personal information with your consent. With third parties: We may share your personal information with third parties, but only for the following reasons: With your consent. To provide functions and services on our behalf. We may share your information with third parties who provide various functions on our behalf and enable us to provide our Services and operate our business, such as service providers and business partners. For legal reasons. We may share your information with third-parties for legal reasons, including: when we reasonably believe disclosure is required or permitted in order to comply with a subpoena, court order, or other applicable law, regulation or legal process; to protect the rights, property, or safety of 123OFC, our Services, our customers, or others; to protect against or defend our Services against attacks; to enforce, remedy, or apply our Terms of Service and other agreements; or to prevent fraud and for debt collection.
4. Processing Personal Information
Our legal basis for collecting and using the personal information described in this Privacy Statement will depend on the type of personal information and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you, including details of any legitimate interest we rely on to process your personal information.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “How To Contact Us” heading below.
5. What You Can Do To Manage Your Privacy.
You have choices when it comes to managing the privacy of your personal information.
Update Your Privacy Setting. You may update your privacy settings directly through the Services by visiting your account settings. Manage Marketing Communications From Us. We honor your choices when it comes to receiving marketing communications from us. You may click unsubscribe at the bottom of the marketing emails or respond with STOP to SMS messages. Cookies and Other Tracking Technologies. You can find information on changing your browser settings to opt-out of Cookies in your browser settings. If you disable some or all of the Cookies the Service, or parts of the Service may not work. For more information, please see our Cookies Policy.
6. Data Retention.
Unless you specifically ask us to delete your personal information as explained in Section 7 “Your Rights”, we retain your information as long as is necessary to maintain your 123OFC account or to provide you with our Services. Once you have terminated your account or otherwise cease using our Services (including if we determine your account has gone inactive), we will no longer retain your information except to the extent necessary:
to send you marketing communications in accordance with your marketing preferences (which you can change at any time – see Section 5); for our legal or regulatory compliance (e.g. maintaining records of transactions you have made with us), to exercise, establish or defend legal claims, and to protect against fraudulent or abusive activity on our Service; or for general product improvement purposes in accordance with this Privacy Statement, provided that any data retained for this purpose will be used only for a limited period and handled securely and in confidence. If we no longer need your information for the above purposes, we will generally delete or de-identify it in accordance with our standard data retention practices. However, there may be occasions where we are unable to fully delete or de-identify your information due to technical or other operational reasons, for example where your information has been archived onto back-up systems. Where this is the case, we will take reasonable measures to securely isolate your information from any further processing until such time as we are able to delete or de-identify it.
7. Your Rights.
You have certain rights with respect to your personal information that we collect and process. We respond to all requests we receive from individuals in the EEA that are using a Service directed to the EEA wishing to exercise their data protection rights in accordance with applicable data protection laws. To file a request or take action on one of your rights, please contact us at the contact details provided under Section 10, “How to Contact Us”.
Access, Correction or Deletion. You may request access to, correction of, or deletion of your personal information. You can often go directly into the Service under Account Settings to take these actions. Please note that even if you request for your personal information to be deleted, certain aspects may be retained for us to: meet our legal or regulatory compliance (e.g. maintaining records of transactions you have made with us); exercise, establish or defend legal claims; and to protect against fraudulent or abusive activity on our Service. Data retained for these purposes will be handled as described in Section 6 “Data Retention”, above. Objection and Restriction. You may object to our processing of your personal information or ask us to restrict processing of your personal information. Withdraw Consent. If we have collected and processed your personal information with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. File a complaint. You have the right to file a complaint with a supervisory authority about our collection and processing of your personal information.
8. Third-Party Services, Links and Integrations.
Third-Party Services. Third-party products, services and applications may use or integrate with our Services, or otherwise be offered through our Services (“Third-Party Services”). If you choose to use any of these Third-Party Services or link or sync any of these Third-Party Services with your 123OFC account you are permitting us to provide your information and any information associated with your account, including personal information, to the third party. Your interactions with these Third-Party Services are governed by the privacy statement of the company providing the relevant Third-Party Service.
9. Security of Your Information.
We understand that the security of your information is important to you. We provide appropriate technical and organizational security controls to protect your information. But, even with our best efforts, we cannot ensure or warrant the security of your information.
10. International Data Transfers.
We may transfer your personal information to and process and store your information in other countries in compliance with applicable law. Some of these countries may have data protection laws that are different from the laws of your country (and, in some cases, may not be as protective). However, we have taken appropriate safeguards to require that your personal information remain protected.
11. How to Contact Us.
If you have questions or comments about this Privacy Statement or our practices, please contact us
12. Changes to Our Privacy Statements.
From time to time we may change or update our Privacy Statement. We reserve the right to make changes or updates at any time. If we make material changes to the way we process your personal information, we will provide you notice via our Service or by other communication channels, such as by email or community post and if required by applicable data protection laws seek your consent to those material changes. You can see when this Privacy Statement was last updated by checking the “last updated” date displayed at the top of this Privacy Statement. Please review any changes carefully.
13. Collection and Use of Children’s Personal Information.
Our Services are intended for and directed to individuals 18 or over and we do not knowingly collect personal information from minors.
Last Updated, October, 2020
What Cookies Are
A ‘cookie’ is a small file which is created by a website and stored on your device. Often Cookies contain a string of numbers and letters that uniquely identifies your device, but can contain other information. Cookies serve many different purposes, including to help remember your preferences or allow the Service to function.
There are different types of Cookies:
Cookies can also be “first-party” or “third-party”:
We also classify Cookies according to whether they are “Essential”, “Functional”, “Improved Performance”, or “Advertising”:
We also include Cookies in our promotional email messages or newsletters to determine whether you open and act on them, which helps us deliver content which we hope you will find useful and informative.