Effective Date: 25^th May 2018

Please read these Terms and Conditions carefully. All contracts that the Provider may enter into from time to time for the provision of the Hosted Services shall be governed by these Terms and Conditions, and the Provider will ask the Customer for the Customer's acceptance of these Terms and Conditions before providing any such services to the Customer.

• 1. Definitions
  
• 1.1 Except to the extent expressly provided otherwise, in these Terms and Conditions:
  
  • "Account" means an account enabling a person to access and use the Hosted Services, including both administrator accounts and user accounts;
  • "Agreement" means a contract made under these Terms and Conditions between the Provider and the Customer;
  • "Business Day" means any weekday other than a bank or public holiday in England;
  • "Business Hours" means the hours of 09:00 to 18:00 GMT/BST on a Business Day;
  • "Charges" means the amounts specified in pounds sterling for the subscription services as listed on the main website, www.floralfrog.com, or through a written agreement between the Supplier and the Customer. Fluctuations in pricing may occur where conversion has taken place from pounds sterling to any other currency;
  • "Customer" means the person or entity identified as such in the online registration form;
  • "Customer Data" means all data, works and materials: uploaded to or stored on the Platform by the Customer; transmitted by the Platform at the instigation of the Customer; supplied by the Customer to the Provider for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Hosted Services by the Customer (but excluding analytics data relating to the use of the Platform and server log files);
  • "Customer Personal Data" means any Personal Data that is processed by the Provider on behalf of the Customer in relation to the Agreement;
  • "Data Protection Laws" means all applicable laws relating to the processing of Personal Data including, while it is in force and applicable to Customer Personal Data, the General Data Protection Regulation (Regulation (EU) 2016/679);
  • "Effective Date" means following the Customer completing and submitting the online Services Order Form published by the Provider on the Provider's website, the date upon which the Provider sends to the Customer an order confirmation;
  • "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
  • "Hosted Services" means the Floral Frog Web Portal, which will be made available by the Provider to each Customer as a service via the internet in accordance with these Terms and Conditions;
  • "Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
  • "Mobile App" means the mobile application known as FrogPOS that is made available by the Provider through the Google Play Store and the Apple App Store;
  • "Personal Data" has the meaning given to it in the Data Protection Laws;
  • "Platform" means the platform managed by the Provider and used by the Provider to provide the Hosted Services, including the application and database software for the Hosted Services, the system and server software used to provide the Hosted Services, and the computer hardware on which that application, database, system and server software is installed;
  • "Provider" means Floral Frog Ltd, a company incorporated in England and Wales (registration number 10340131) having its registered office at 18 Barton Road, Sidcup, Kent, DA14 5LU;
  • "Services" means any services that the Provider provides to the Customer, or has an obligation to provide to the Customer, under these Terms and Conditions;
  • "Services Order Form" means an online order form published by the Provider and completed and submitted by the Customer incorporating these Terms and Conditions by reference;
  • "Support Services" means support in relation to the use of, and the identification and resolution of errors in, the Hosted Services, but shall not include the provision of training services;
  • "Term" means the term of the Agreement, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2; and
  • "Terms and Conditions" means all the documentation containing the provisions of the Agreement, namely the main body of these Terms and Conditions and Schedule 1 (Acceptable Use Policy), including any amendments to that documentation from time to time.
• 2. Term
  
• 2.1 You should always check the contact information you provide is correct before creating a customer account or proceeding to payment.
• 2.2 The Agreement shall continue in force indefinitely, subject to termination in accordance with Clause 15.
• 2.3 Unless the parties expressly agree otherwise in writing, each Services Order Form shall create a distinct contract under these Terms and Conditions.
• 3. Hosted Services
  
• 3.1 The Provider hereby grants to the Customer a non-exclusive licence to use the Hosted Services by means of a Supported Web Browser for the purposes of Florist related services during the Term.
• 3.2 The licence granted by the Provider to the Customer under Clause 3.1 is subject to the following limitations:
  • (a)   the Hosted Services may only be used by the Florist who has subscribed to the service, or any individual hired by the Florist that has been granted access; and
  • (b)   the Hosted Services may only be used by the named users identified in the Employee tab of the Contacts section of Floral Frog, providing that the Customer may change, add or remove a designated named user in accordance with the procedure set out therein.
• 3.3 Except to the extent expressly permitted in these Terms and Conditions or required by law on a non-excludable basis, the licence granted by the Provider to the Customer under Clause 3.1 is subject to the following prohibitions:
  • (a)   the Customer must not sub-license its right to access and use the Hosted Services;
  • (b)   the Customer must not permit any unauthorised person to access or use the Hosted Services;
  • (c)   the Customer must not use the Hosted Services to provide services to third parties;
  • (d)   the Customer must not republish or redistribute any content or material from the Hosted Services;
  • (e)   the Customer must not make any alteration to the Platform; and
  • (f)   the Customer must not conduct or request that any other person conduct any load testing or penetration testing on the Platform or Hosted Services.
• 3.4 The Customer shall use reasonable endeavours, including reasonable security measures relating to Account access details, to ensure that no unauthorised person may gain access to the Hosted Services using an Account.
• 3.5 The Provider shall use all reasonable endeavours to maintain the availability of the Hosted Services to the Customer at the gateway between the public internet and the network of the hosting services provider for the Hosted Services, but does not guarantee 100% availability.
• 3.6 The Customer must comply with Schedule 1 (Acceptable Use Policy) and must ensure that all persons using the Hosted Services with the authority of the Customer or by means of an Account comply with Schedule 1 (Acceptable Use Policy).
• 3.7 The Customer must not use the Hosted Services in any way that causes, or may cause, damage to the Hosted Services or Platform or impairment of the availability or accessibility of the Hosted Services.
• 3.8 The Customer must not use the Hosted Services:
  • (a)   in any way that is unlawful, illegal, fraudulent or harmful; or
  • (b)   in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• 3.9 For the avoidance of doubt, the Customer has no right to access the software code (including object code, intermediate code and source code) of the Platform, either during or after the Term.
• 3.10 The Provider may suspend the provision of the Hosted Services if any amount due to be paid by the Customer to the Provider under the Agreement is overdue, and the Provider has given to the Customer at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Hosted Services on this basis.
• 4. Customer Data
  
• 4.1 The Customer hereby grants to the Provider a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Customer Data to the extent reasonably required for the performance of the Provider's obligations and the exercise of the Provider's rights under the Agreement.
• 4.2 The Customer warrants to the Provider that the Customer Data will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.
• 5. Support Services
  
• 5.1 The Provider shall provide the Support Services to the Customer during the Term.
• 5.2 The Provider shall make available to the Customer an email-based and telephony-based helpdesk.
• 5.3 The Provider shall provide the Support Services in accordance with the standards of skill and care reasonably expected from a leading service provider in the Provider's industry.
• 5.4 The Customer may use the helpdesk for the purposes of requesting and, where applicable, receiving the Support Services; and the Customer must not use the helpdesk for any other purpose.
• 5.5 The Provider shall respond promptly to all requests for Support Services made by the Customer through the helpdesk.
• 5.6 The Provider may suspend the provision of the Support Services if any amount due to be paid by the Customer to the Provider under the Agreement is overdue, and the Provider has given to the Customer at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Support Services on this basis.
• 6. Mobile App
  
• 6.1 The parties acknowledge and agree that the use of the Mobile App, the parties' respective rights and obligations in relation to the Mobile App and any liabilities of either party arising out of the use of the Mobile App shall be subject to separate terms and conditions, and accordingly these Terms and Conditions shall not govern any such use, rights, obligations or liabilities.
• 7. No assignment of Intellectual Property Rights
  
• 7.1 Nothing in these Terms and Conditions shall operate to assign or transfer any Intellectual Property Rights from the Provider to the Customer, or from the Customer to the Provider.
• 8. Charges
  
• 8.1 The Customer shall pay the Charges to the Provider in accordance with these Terms and Conditions.
• 8.2 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated exclusive of any applicable value added taxes, which will be added to those amounts and payable by the Customer to the Provider.
• 8.3 The Provider may elect to vary any element of the Charges by giving to the Customer not less than 30 days' written notice of the variation.
• 9. Payments
  
• 9.1 The Customer must pay the Charges to the Provider in advance of the period to which they relate.
• 10. Data Protection
  
• 10.1 The Provider shall comply with the Data Protection Laws with respect to the processing of the Customer Personal Data.
• 10.2 The Customer warrants to the Provider that it has the legal right to disclose all Personal Data that it does in fact disclose to the Provider under or in connection with the Agreement.
• 10.3 The Customer shall only supply to the Provider, and the Provider shall only process, in each case under or in relation to the Agreement, the Customer�s Personal Data in relation to: Full Name, Address, Telephone or Mobile Number and Email Address; and the Provider shall only process the Customer Personal Data for the following purposes: Processing Invoices for subscription to Floral Frog Services and sending emails related to Floral Frog services such as new feature releases, or maintenance schedules.
• 10.4 The Provider shall only process the Customer Personal Data during the Term and for not more than 30 days following the end of the Term, subject to the other provisions of this Clause 10.
• 10.5 The Provider shall only process the Customer Personal Data on the documented instructions of the Customer (including with regard to transfers of the Customer Personal Data to any place outside the European Economic Area).
• 10.6 The Provider shall promptly inform the Customer if, in the opinion of the Provider, an instruction of the Customer relating to the processing of the Customer Personal Data infringes the Data Protection Laws.
• 10.7 Notwithstanding any other provision of these Terms and Conditions, the Provider may process the Customer Personal Data if and to the extent that the Provider is required to do so by applicable law. In such a case, the Provider shall inform the Customer of the legal requirement before processing, unless that law prohibits such information.
• 10.8 The Provider shall ensure that persons authorised to process the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
• 10.9 The Provider and the Customer shall each implement appropriate technical and organisational measures to ensure an appropriate level of security for the Customer Personal Data.
• 10.10 The Provider must not engage any third party to process the Customer Personal Data without the prior specific or general written authorisation of the Customer. In the case of a general written authorisation, the Provider shall inform the Customer at least 14 days in advance of any intended changes concerning the addition or replacement of any third-party processor, and if the Customer objects to any such changes before their implementation, then the Provider must not implement the changes. The Provider shall ensure that each third-party processor is subject to equivalent legal obligations as those imposed on the Provider by this Clause 10.
• 10.11 The Provider shall, insofar as possible and taking into account the nature of the processing, take appropriate technical and organisational measures to assist the Customer with the fulfilment of the Customer's obligation to respond to requests exercising a data subject's rights under the Data Protection Laws.
• 10.12 The Provider shall assist the Customer in ensuring compliance with the obligations relating to the security of processing of personal data, the notification of personal data breaches to the supervisory authority, the communication of personal data breaches to the data subject, data protection impact assessments and prior consultation in relation to high-risk processing under the Data Protection Laws. The Provider shall report any Personal Data breach relating to the Customer Personal Data to the Customer within 24 hours following the Provider becoming aware of the breach.
• 10.13 The Provider shall make available to the Customer all information necessary to demonstrate the compliance of the Provider with its obligations under this Clause 10 and the Data Protection Laws.
• 10.14 The Provider shall, at the choice of the Customer, delete or return all of the Customer Personal Data to the Customer after the provision of services relating to the processing, and shall delete existing copies save to the extent that applicable law requires storage of the relevant Personal Data.
• 10.15 The Provider shall allow for and contribute to audits, including inspections, conducted by the Customer or another auditor mandated by the Customer in respect of the compliance of the Provider's processing of Customer Personal Data with the Data Protection Laws and this Clause 10. The Provider may charge the Customer at its standard time-based charging rates for any work performed by the Provider at the request of the Customer pursuant to this Clause 10.15.
• 10.16 If any changes or prospective changes to the Data Protection Laws result or will result in one or both parties not complying with the Data Protection Laws in relation to processing of Personal Data carried out under these Terms and Conditions, then the parties shall use their best endeavours promptly to agree such variations to these Terms and Conditions as may be necessary to remedy such non-compliance.
• 11. Warranties
  
• 11.1 The Customer warrants to the Provider that it has the legal right and authority to enter into the Agreement and to perform its obligations under these Terms and Conditions.
• 11.2 All of the parties' warranties and representations in respect of the subject matter of the Agreement are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Agreement will be implied into the Agreement or any related contract.
• 12. Acknowledgements and warranty limitations
  
• 12.1 The Customer acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of these Terms and Conditions, the Provider gives no warranty or representation that the Hosted Services will be wholly free from defects, errors and bugs.
• 12.2 The Customer acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of these Terms and Conditions, the Provider gives no warranty or representation that the Hosted Services will be entirely secure.
• 12.3 The Customer acknowledges that the Provider will not provide any legal, financial, accountancy or taxation advice under these Terms and Conditions or in relation to the Hosted Services; and, except to the extent expressly provided otherwise in these Terms and Conditions, the Provider does not warrant or represent that the Hosted Services or the use of the Hosted Services by the Customer will not give rise to any legal liability on the part of the Customer or any other person.
• 13. Limitations and exclusions of liability
  
• 13.1 Nothing in these Terms and Conditions will:
  • (a)   limit or exclude any liability for death or personal injury resulting from negligence;
  • (b)   limit or exclude any liability for fraud or fraudulent misrepresentation;
  • (c)   limit any liabilities in any way that is not permitted under applicable law; or
  • (d)   exclude any liabilities that may not be excluded under applicable law.
• 13.2 The limitations and exclusions of liability set out in this Clause 13 and elsewhere in these Terms and Conditions:
  • (a)   are subject to Clause 13.1; and
  • (b)   govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
• 13.3 The Provider shall not be liable to the Customer in respect of any losses arising out of a Force Majeure Event.
• 13.4 The Provider will not be liable to the Customer in respect of any loss of profits or anticipated savings.
• 13.5 The Provider will not be liable to the Customer in respect of any loss of revenue or income.
• 13.6 The Provider will not be liable to the Customer in respect of any loss of use or production.
• 13.7 The Provider will not be liable to the Customer in respect of any loss of business, contracts or opportunities.
• 13.8 The Provider will not be liable to the Customer in respect of any loss or corruption of any data, database or software.
• 14. Force Majeure Event
  
• 14.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Agreement, that obligation will be suspended for the duration of the Force Majeure Event.
• 15. Termination
  
• 15.1 Either party may terminate the Agreement by giving to the other party at least 14 days' written notice of termination.
• 15.2 Either party may terminate the Agreement immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.
• 15.3 Either party may terminate the Agreement immediately by giving written notice of termination to the other party if:
  • (a)   the other party:
    • (i)   is dissolved;
    • (ii)   ceases to conduct all (or substantially all) of its business;
    • (iii)   is or becomes unable to pay its debts as they fall due;
    • (iv)   is or becomes insolvent or is declared insolvent; or
    • (v)   convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
  • (b)   an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party; or
  • (c)   an order is made for the winding up of the other party, or the other party passes a resolution for its winding up.
• 16. Effects of Termination
  
• 16.1 Upon the termination of the Agreement, all the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 3.9, 6, 9, 13, 16, 19 and 20.
• 16.2 Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Agreement shall not affect the accrued rights of either party.
• 16.3 Within 30 days following the termination of the Agreement for any reason:
  • (a)   the Customer must pay to the Provider any Charges in respect of Services provided to the Customer before the termination of the Agreement; and
  • (b)   the Provider must refund to the Customer any Charges paid by the Customer to the Provider in respect of Services that were to be provided to the Customer after the termination of the Agreement,
  • without prejudice to the parties' other legal rights.
• 17. Notices
  
• 17.1 Any notice from one party to the other party under these Terms and Conditions must be given by one of the following methods:
  • (a)   sent by email to the relevant email address specified through the Hosted Services, in which case the notice shall be deemed to be received upon receipt of the email by the recipient's email server; or
  • (b)   sent using the contractual notice mechanism incorporated into the Hosted Services, in which case the notice shall be deemed to be received upon dispatch,
  • providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.
• 18. Subcontracting
  
• 18.1 Subject to any express restrictions elsewhere in these Terms and Conditions, the Provider may subcontract any of its obligations under the Agreement, providing that the Provider must give to the Customer, promptly following the appointment of a subcontractor, a written notice specifying the subcontracted obligations and identifying the subcontractor in question.
• 19. General
  
• 19.1 No breach of any provision of the Agreement shall be waived except with the express written consent of the party not in breach.
• 19.2 If any provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
• 19.3 The Provider may vary the Agreement by giving to the Customer at least 30 days' written notice of the variation. Subject to this, the Agreement may only be varied by a written document signed by or on behalf of each of the parties.
• 19.4 The Customer hereby agrees that the Provider may assign the Provider's contractual rights and obligations under the Agreement to any successor to all or a substantial part of the business of the Provider from time to time. The Customer must not without the prior written consent of the Provider assign, transfer or otherwise deal with any of the Customer's contractual rights or obligations under the Agreement.
• 19.5 The Agreement is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Agreement are not subject to the consent of any third party.
• 19.6 Subject to Clause 13.1, a Services Order Form, together with these Terms and Conditions and any Schedules, shall constitute the entire agreement between the parties in relation to the subject matter of that Services Order Form, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
• 19.7 The Agreement shall be governed by and construed in accordance with English law.
• 19.8 The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement.
• 20. Interpretation
  
• 20.1 In these Terms and Conditions, a reference to a statute or statutory provision includes a reference to:
  • (a)   that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
  • (b)   any subordinate legislation made under that statute or statutory provision.
• 20.2 The Clause headings do not affect the interpretation of these Terms and Conditions.
• 20.3 References in these Terms and Conditions to "calendar months" are to the 12 named periods (January, February and so on) into which a year is divided.
• 20.4 In these Terms and Conditions, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.
• 21. Privacy
  
• 21.1 Floral Frog Ltd takes your privacy seriously. We are registered on the Information Commissioner's Office Register; registration number ZA204867, and act as the data controller when processing your data. For further details, please see our Privacy Policy.






• SCHEDULE 1 (ACCEPTABLE USE POLICY)
  
• 1. Introduction
  
• 1.1 This acceptable use policy (the "Policy") sets out the rules governing:
  • (a)   the use of the website at https://portal1.floralfrog.com, any successor website, and the services available on that website or any successor website (the "Services"); and
  • (b)   the transmission, storage and processing of content by you, or by any person on your behalf, using the Services ("Content").
• 1.2 References in this Policy to "you" are to any customer for the Services and any individual user of the Services (and "your" should be construed accordingly); and references in this Policy to "us" are to Floral Frog Ltd (and "we" and "our" should be construed accordingly).
• 1.3 By using the Services, you agree to the rules set out in this Policy.
• 1.4 We will ask for your express agreement to the terms of this Policy before you upload or submit any Content or otherwise use the Services.
• 1.5 You must be at least 18 years of age to use the Services; and by using the Services, you warrant and represent to us that you are at least 18 years of age.
• 2. General usage rules
  
• 2.1 You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
• 2.2 You must not use the Services:
  • (a)   in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
  • (b)   in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
• 2.3 You must ensure that all Content complies with the provisions of this Policy.
• 3. Unlawful Content
  
• 3.1 Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
• 3.2 Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not:
  • (a)   be libellous or maliciously false;
  • (b)   be obscene or indecent;
  • (c)   infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  • (d)   infringe any right of confidence, right of privacy or right under data protection legislation;
  • (e)   constitute negligent advice or contain any negligent statement;
  • (f)   constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  • (g)   be in contempt of any court, or in breach of any court order;
  • (h)   constitute a breach of racial or religious hatred or discrimination legislation;
  • (i)   be blasphemous;
  • (j)   constitute a breach of official secrets legislation; or
  • (j)   constitute a breach of any contractual obligation owed to any person.
• 3.3 You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.
• 4. Graphic Material
  
• 4.1 Content must be appropriate for all persons who have access to or are likely to access the Content in question, and in particular for children over 12 years of age.
• 4.2 Content must not depict violence in an explicit, graphic or gratuitous manner.
• 4.3 Content must not be pornographic or sexually explicit.
• 5. Factual Accuracy
  
• 5.1 Content must not be untrue, false, inaccurate or misleading.
• 5.2 Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.
• 6. Negligent Advice
  
• 6.1 Content must not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice, and you must not use the Services to provide any legal, financial, investment, taxation, accountancy, medical or other professional advisory services.
• 6.2 Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.
• 7. Etiquette
  
• 7.1 Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
• 7.2 Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.
• 7.3 Content must not be liable to cause annoyance, inconvenience or needless anxiety.
• 7.4 You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.
• 7.5 You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.
• 7.6 You must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.
• 7.7 You must ensure that Content does not duplicate other content available through the Services.
• 7.8 You must ensure that Content is appropriately categorised.
• 7.9 You should use appropriate and informative titles for all Content.
• 7.10 You must at all times be courteous and polite to other users of the Services.
• 8. Marketing and Spam
  
• 8.1 You may use the Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.
• 8.2 Content must not constitute or contain spam, and you must not use the Services to store or transmit spam - which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.
• 8.3 You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Services or that you find using the Services.
• 8.4 You must not use the Services to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, "get rich quick" schemes or similar letters, schemes or programs.
• 8.5 You must not use the Services in any way which is liable to result in the blacklisting of any of our IP addresses.
• 9. Regulated Businesses
  
• 9.1 You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.
• 9.2 You must not use the Services for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceuticals.
• 9.3 You must not use the Services for any purpose relating to the offering for sale, sale or distribution of knives, guns or other weapons.
• 10. Monitoring
  
• 10.1 You acknowledge that we may actively monitor the Content and the use of the Services.
• 11. Data Mining
  
• 11.1 You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.
• 12. Hyperlinks
  
• 12.1 You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.
• 13. Harmful Software
  
• 13.1 The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
• 13.2 The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.

Date: 25^th May 2018

Who We Are
Floral Frog Ltd (‘we’ or ‘us’ or ‘our’) gather and process your personal information in accordance with this privacy notice and in compliance with the relevant data protection Regulation and laws. This notice provides you with the necessary information regarding your rights and our obligations, and explains how, why and when we process your personal data.

Floral Frog Ltd registered office is at 18 Barton Road, Sidcup, Kent, DA14 5LU and we are a company registered in England and Wales under company number 10340131. We are registered on the Information Commissioner's Office Register; registration number ZA204867, and act as the data controller when processing your data. Our designated Data Protection Officer/Appointed Person is Wayne Goulden, who can be contacted at wayne.goulden@floralfrog.com

Information That We Collect
Floral Frog Ltd processes your personal information to meet our legal, statutory and contractual obligations and to provide you with our products and services. We will never collect any unnecessary personal data from you and do not process your information in any way, other than as specified in this notice.

The personal data that we collect from you is: -

• Full Name
• Home Address
• Personal Email
• Business Email
• Home Telephone Number
• Mobile Telephone Number

We collect information in the below ways: -

• Through registration to Floral Frog’s Florist Management Software

How We Use Your Personal Data (Legal Basis for Processing)
Floral Frog Ltd takes your privacy very seriously and will never disclose, share or sell your data without your consent; unless required to do so by law. We only retain your data for as long as is necessary and for the purpose(s) specified in this notice. Where you have consented to us providing you with promotional offers and marketing, you are free to withdraw this consent at any time. The purposes and reasons for processing your personal data are detailed below: -

• We collect your personal data to allow us to process Invoices for subscription to our software service.
• We collect and store your personal data as part of our legal obligation for business accounting and tax purposes
• We collect your personal data to allow us to send information by email with regards to new features being released on our system, and to notify you of any system maintenance windows
• We will occasionally send you marketing information where we have assessed that it is beneficial to you as a customer and in our interests. Such information will be non-intrusive and is processed on the grounds of legitimate interests

Your Rights
You have the right to access any personal information that Floral Frog Ltd processes about you and to request information about: -

• What personal data we hold about you
• The purposes of the processing
• The categories of personal data concerned
• The recipients to whom the personal data has/will be disclosed
• How long we intend to store your personal data for
• If we did not collect the data directly from you, information about the source

If you believe that we hold any incomplete or inaccurate data about you, you have the right to ask us to correct and/or complete the information and we will strive to do so as quickly as possible; unless there is a valid reason for not doing so, at which point you will be notified.

You also have the right to request erasure of your personal data or to restrict processing (where applicable) in accordance with the data protection laws; as well as to object to any direct marketing from us. Where applicable, you have the right to data portability of your information and the right to be informed about any automated decision-making we may use.

If we receive a request from you to exercise any of the above rights, we may ask you to verify your identity before acting on the request; this is to ensure that your data is protected and kept secure.

Sharing and Disclosing Your Personal Information
We do not share or disclose any of your personal information without your consent, other than for the purposes specified in this notice or where there is a legal requirement.

Safeguarding Measures
Floral Frog Ltd takes your privacy seriously and takes every reasonable measure and precaution to protect and secure your personal data. We work hard to protect you and your information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures in place, including: -

• We enforce strong password requirements and regular password change policies for user authentication
• We protect your data in transit to your web browser using SSL/TLS encryption
• All personal information and passwords are encrypted in our database
• Our servers are protected with Firewalls and Intrusion Prevention Systems
• We use anti-virus and anti-malware software on our servers
• We perform regular security updates on our servers
• We perform regular vulnerability assessments on our servers to ensure your data remains safe and secure
• We monitor our servers 24/7 to ensure your data remains safe and secure
• We take secure regular backups of your data and this is stored in an encrypted state offsite.

Transfers Outside the European Union
Personal data in the European Union is protected by the General Data Protection Regulation (GDPR) but some other countries may not necessarily have the same high standard of protection for your personal data. Floral Frog Ltd does not transfer or store any personal data outside the EU.

Consequences of Not Providing Your Data
You are not obligated to provide your personal information to Floral Frog Ltd, however, as this information is required for us to provide you with our services, we will not be able to offer our services without it.

Legitimate Interests
As noted in the ‘How We Use Your Personal Data’ section of this notice, we occasionally process your personal information under the legitimate interests’ legal basis. Where this is the case, we have carried out a thorough Legitimate Interests’ Assessment (LIA) to ensure that we have weighed your interests and any risk posed to you against our own interests; ensuring that they are proportionate and appropriate.

How Long We Keep Your Data
Floral Frog Ltd only ever retains personal information for as long as is necessary and we have strict review and retention policies in place to meet these obligations. We are required under UK tax law to keep your basic personal data (name, address, contact details) for a minimum of 6 years after which time it will be destroyed.

Where you have consented to us using your details for direct marketing, we will keep such data until you notify us otherwise and/or withdraw your consent.

Marketing
Occasionally, Floral Frog Ltd would like to contact you with the exclusive promotional offers that we provide. If you consent to us using your contact details for this purpose, you have the right to modify or withdraw your consent at any time by using the registration form or unsubscribing at the bottom of the emails that are sent related to marketing.

Lodging A Complaint
Floral Frog Ltd only processes your personal information in compliance with this privacy notice and in accordance with the relevant data protection laws. If, however you wish to raise a complaint regarding the processing of your personal data or are unsatisfied with how we have handled your information, you have the right to lodge a complaint with the supervisory authority.

Floral Frog Ltd
FAO Wayne Goulden (DPO)
18 Barton Road, Sidcup, Kent, DA14 5LU
Tel: 0208 068 6806
Email: wayne.goulden@floralfrog.com

Floral Frog Ltd take your privacy seriously and will only process your personal data with your consent and in accordance with the terms stated in our Privacy Notice.