5 | Flowte Policies
Sustainability Policy
Policy Effective Date: June 1, 2019
1. PURPOSE AND SCOPE
The Company employs this Policy to define the fundamental principles for its commitment to the well-being of its Users, communities and the environment, uphold the Company’s Core Values and comply with Applicable Law. This Policy applies to anyone accessing, participating in or impacting the Program including, but not limited to, employees, consultants, contractors, temporary employees, property managers, owners, franchisees and vendor personnel (“Users”).
2. INTRODUCTION
The Company is committed to being the leader in environmental sustainability (“Sustainability”) and protecting the Earth's natural resources through education, innovation, and the efficient use of land, energy, water and green products/services in all its operations. It is committed to mitigating climate change and to meeting global policies and legislation to reduce carbon emissions. Environmental sustainability is one of four focus areas of the Flowte (“FLOWTE”) Social Responsibility Program (“SR”). The FLOWTE Program focused pillars include: championing diversity and inclusion, protecting human rights, supporting our communities (philanthropy), and leadership in sustainability. The Company takes reasonable steps to manage its Environmental Footprint and develop programs to reduce energy and water consumption and increase waste diversion as well as increase our usage of green products and services. The Company tracks and measures its sustainability performance, manages risks and delivers triple bottom line benefits by focusing on People (Human Capital/Community), Planet (Natural Capital) and Profit (Economy). The Company has established baselines and will report performance results annually to externally recognized third party reporting mechanisms and rating agencies including but not limited to: Global Reporting Initiative, CDP and Dow Jones Sustainability Index. Performance reporting enables investors to gauge social responsibility efforts (also called Environment, Social and Governance (“ESG”)) in conjunction with financial reporting to evaluate overall company performance. The Company also works with governments, nonprofit organizations and academic institutions to develop solutions to climate change. To that end, the Company has developed the Flowte Green Program or the Program. The Program is designed to not only benefit its customers, associates and shareholders but also the communities in which it operates. The Program enhances the Company’s reputation, delivers positive economic and environmental benefits and helps the Company attract and retain talent. The Program enables the Company to optimise its risk management efforts and measure its results both quantitatively and qualitatively to drive competitive advantage by achieving short and long term Sustainability goals.
3. POLICY
3.1 Sustainability. All Users are responsible for supporting the Company’s Sustainability goals. This policy also applies and is considered throughout all Flowte Procurement processes
3.2 The Flowte Green Program. Senior Executive Leadership (“EC”) endorses the mission, authority and structure of the Program and is committed to taking appropriate steps to comply with Applicable Law. The EC has charged the Social Responsibility Department in conjunction with the Social Responsibility Council with developing, maintaining and communicating Sustainability policies. The Social Responsibility Department, subject to the oversight of the Social Responsibility Council, is responsible for the overall administration and management of the Program. The Social Responsibility Department in conjunction with the Social Responsibility Council is responsible for implementing processes and controls that identify, respond to and remediate issues with regards to environmental or Sustainability issues and/or information regarding the Company’s facilities, products, services, and supporting processes.
3.3 Flowte Green Toolbox.
• The Social Responsibility Department in conjunction with the Social Responsibility Council is responsible for developing the Program’s strategies, processes and procedures that support the Program’s objectives, including the implementation of the Flowte Green Toolbox including related funding and resources.
• Facility Administrators or Operators are responsible for monitoring, tracking, and for using the Flowte Green Toolbox and/or applicable resources as specified by the Social Responsibility Department in conjunction with the Social Responsibility Council.
• The Social Responsibility Department is responsible for granting Facility Administrators or Operators the appropriate level of access to the Flowte Green Toolbox and its resources.
• The Social Responsibility Department will coordinate with Information Technology when any technology tools and/or technology support is required for Sustainability initiatives.
• 3.4.1 Minimize Environmental Footprint. Facility Administrators must take reasonable and appropriate steps to minimize the Environmental Footprint of Facilities, including purchasing and procuring environmentally responsible products and services used in Facilities and taking steps to reduce waste to landfill. Waste includes, but is not limited to, electronic devices, paper, glass, plastic, and metal plus food products. When disposing of waste, Users must comply with Applicable Law, including the Company’s policies regarding Information Security, Privacy and Information Management.
3.5 Reporting and Monitoring Environmental Risk.
3.6 Training and Communication.
• The Social Responsibility Department in conjunction with the Social Responsibility Council, and Communications department, shall develop ongoing communications with key stakeholders both internally and externally about the Program, including but not limited to, ESG reporting, requests for proposals, third- party reviews and the Company’s Sustainability performance.
• The Social Responsibility Department, together with the Strategic Sourcing Department, is responsible for administering all surveys related to corporate social responsibility performance of vendors and their products.
Administered surveys are intended to track third-party vendor performance and other products, services and information aligned with the Program.
It is the responsibility of all Users to understand and comply with this Policy. Upon discovery of a violation or perceived violation of this Policy, the User will immediately notify the Social Responsibility Department or a member of the Senior Leadership of the Social Responsibility Council as soon as possible. It is the responsibility of the Senior Leadership of the Social Responsibility Council to review this Policy on an annual basis.
“Applicable Law” means any applicable regulation, statute, rule, industry standard, contractual requirements, Company policies, standards (including privacy notices) and procedures.
“Facility Administrators or Operators” are individuals or groups of individuals designated by the Sustainability Department with responsibility for monitoring, tracking, implementing and/or maintaining Flowte facilities and also the Environmental Footprint of our facilities and related activities. If an individual or group not designated by the Sustainability Department the responsibility will be that of the property general manger.
“Company” means Flowte and its subsidiaries.
“Environmental Footprint” means the measurement of natural resources or sources (e.g., oil, coal, gas, water, plants and wood) used by the Company through business activities such as working, printing, traveling and meetings. These activities are translated into common sets of measurements and then can be defined as a footprint of a business, building, person or activity.
“Environmental Incident” is an environmental activity (e.g., unplanned event, natural disaster, etc.) that impacts Facilities and requires review, intervention, and/or remediation by the Company.
“Environmental, Social and Corporate Governance” or “ESG” refers to the three the central factors in measuring the Sustainability and ethical impact of an investment in a business.
“Facilities” means any physical location where the Company conducts business.
“Information Resources” means information and related resources, such as computers, cell phones, or other electronic devices.
“People (Human Capital)” means treating our associates and communities fairly, as well as saving the environment and improving health with clean air and water.
“Planet (Natural Capital)” means conserving the earth’s resources and our natural environment by recycling, reusing and reducing the consumption of resources.
“Profit” means providing an economic benefit either through an increase in revenues or a reduction of expenses.
“Senior Executive Leadership” or “EC” consists of FLOWTE’s Chief Executive Officer and his or her direct reports.
“Senior Leadership of the Social Responsibility Council” is an officer of the Company and member of the Social Responsibility Council who has been appointed by the CEO or designated sponsor of the Program.
"Sustainability” means meeting the needs and resources of the present generation without compromising the ability of future generations to meet their own needs.
“Sustainability Leadership Council” consists of executive officers, senior leadership members, key leaders with representation from areas
including Operations, Legal, Finance, Communications, Human Resources and Information Technology. This council meets quarterly to develop and implement the Program strategies and initiatives, as well as track program progress for each business.
“Flowte Green Program” or “Program” means the Sustainability Program for the Company.
“Flowte Green Program Charter” means a document that outlines the philosophy, motivation, scope and objective of the Program. It also outlines the governance structure and defines the key functional areas of responsibility.
“Flowte Green Toolbox” means an online computer software tool that tracks the Company’s Environmental Footprint. It captures the resource usage of the Company’s buildings and activities in its Facilities. This software not only captures energy usage such as electricity, gas, water and waste but also tracks projects and legislation that require- buildings to report their Environmental Footprint and other related activities.
Any violation of this Policy may result in disciplinary action, up to and including termination of employment. This document shall not be construed to represent a contract of employment between Company and any User or third party. Any User who is requested to undertake an activity which he or she believes is in violation of this Policy must report his or her concerns to his or her manager, any other manager or the Human Resources Department, and/or the Integrity Line as soon as possible.
EVP, Global Learning & Development and Chief SR Officer
Questions and concerns may be directed to the EVP, Global Learning & Development and Chief SR Officer (Nadene Herbst) at Info@Flowte.com.
Revision Date Modified By Reason for Change
1.0 06.01.2018 Karl Tallon Initial Version
1.1 06.01.2019 Alan Doolan Formatting; technical clarifications.
Environmental Policy
Last Reviewed : 12/03/2020
Next Review : 11/03/ 21
Mission statement
Flowte recognises that it has a responsibility to the environment beyond legal and regulatory requirements. We are committed to reducing our environmental impact and continually improving our environmental performance as an integral part of our business strategy and operating methods, with regular review points. We will encourage customers, suppliers and other stakeholders to do the same.
Responsibility
Flowte is responsible for ensuring that the environmental policy is implemented. However, all employees have a responsibility in their area to ensure that the aims and objectives of the policy are met.
Policy aims
We endeavour to:
Comply with and exceed all relevant regulatory requirements.
Continually improve and monitor environmental performance.
Continually improve and reduce environmental impacts.
Incorporate environmental factors into business decisions.
Increase employee awareness and training.
Paper
We will minimise the use of paper in the office.
We will reduce packaging as much as possible.
We will seek to buy recycled and recyclable paper products.
We will reuse and recycle all paper where possible.
Energy and water
We will seek to reduce the amount of energy used as much as possible.
Lights and electrical equipment will be switched off when not in use.
Heating will be adjusted with energy consumption in mind.
The energy consumption and efficiency of new products will be taken into account when purchasing.
Office supplies
We will evaluate if the need can be met in another way.
We will evaluate if renting/sharing is an option before purchasing equipment.
We will evaluate the environmental impact of any new products we intend to purchase.
We will favour more environmentally friendly and efficient products wherever possible.
We will reuse and recycle everything we are able to.
Transportation
We will reduce the need to travel, restricting to necessity trips only.
We will promote the use of travel alternatives such as e-mail or video/phone conferencing.
We will make additional efforts to accommodate the needs of those using public transport or bicycles.
We will favour ‘green' vehicles and maintain them rigorously to ensure ongoing efficiency.
Maintenance and cleaning
Cleaning materials used will be as environmentally friendly as possible.
Materials used in office refurbishment will be as environmentally friendly as possible.
We will only use licensed and appropriate organisations to dispose of waste.
Monitoring and improvement
We will comply with and exceed all relevant regulatory requirements.
We will continually improve and monitor environmental performance.
We will continually improve and reduce environmental impacts.
We will incorporate environmental factors into business decisions.
We will increase employee awareness through training.
We will review this policy and any related business issues at our monthly management meetings.
Culture
We will involve staff in the implementation of this policy, for greater commitment and improved performance.
We will update this policy at least once annually in consultation with staff and other stakeholders where necessary.
We will provide staff with relevant environmental training.
We will work with suppliers, contractors and sub-contractors to improve their environmental performance.
We will use local labour and materials where available to reduce CO2 and help the community.
Equality, Diversity & Inclusion Policy
Flowte is committed to encouraging equality, diversity and inclusion among our workforce, and eliminating unlawful discrimination.
The aim is for our workforce to be truly representative of all sections of society and our customers, and for each employee to feel respected and able to give their best.
The organisation - in providing goods and/or services and/or facilities - is also committed against unlawful discrimination of customers or the public.
The policy’s purpose is to:
• provide equality, fairness and respect for all in our employment, whether temporary, part-time or full-time
• not unlawfully discriminate because of the Equality Act 2010 protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (including colour, nationality, and ethnic or national origin), religion or belief, sex and sexual orientation
• oppose and avoid all forms of unlawful discrimination. This includes in pay and benefits, terms and conditions of employment, dealing with grievances and discipline, dismissal, redundancy, leave for parents, requests for flexible working, and selection for employment, promotion, training or other developmental opportunities
The organisation commits to:
• Encourage equality, diversity and inclusion in the workplace as they are good practice and make business sense
• Create a working environment free of bullying, harassment, victimisation and unlawful discrimination, promoting dignity and respect for all, and where individual differences and the contributions of all staff are recognised and valued. This commitment includes training managers and all other employees about their rights and responsibilities under the equality, diversity and inclusion policy. Responsibilities include staff conducting themselves to help the organisation provide equal opportunities in employment, and prevent bullying, harassment, victimisation and unlawful discrimination. All staff should understand they, as well as their employer, can be held liable for acts of bullying, harassment, victimisation and unlawful discrimination, in the course of their employment, against fellow employees, customers, suppliers and the public
• Take seriously complaints of bullying, harassment, victimisation and unlawful discrimination by fellow employees, customers, suppliers, visitors, the public and any others in the course of the organisation’s work activities.
Such acts will be dealt with as misconduct under the organisation’s grievance and/or disciplinary procedures, and appropriate action will be taken. Particularly serious complaints could amount to gross misconduct and lead to dismissal without notice. Further, sexual harassment may amount to both an employment rights matter and a criminal matter, such as in sexual assault allegations. In addition, harassment under the Protection from Harassment Act 1997 – which is not limited to circumstances where harassment relates to a protected characteristic – is a criminal offence.
• Make opportunities for training, development and progress available to all staff, who will be helped and encouraged to develop their full potential, so their talents and resources can be fully utilised to maximise the efficiency of the organisation.
• Decisions concerning staff being based on merit (apart from in any necessary and limited exemptions and exceptions allowed under the Equality Act).
• Review employment practices and procedures when necessary to ensure fairness, and also update them and the policy to take account of changes in the law.
• Monitor the make-up of the workforce regarding information such as age, sex, ethnic background, sexual orientation, religion or belief, and disability in encouraging equality, diversity and inclusion, and in meeting the aims and commitments set out in the equality, diversity and inclusion policy.
Monitoring will also include assessing how the equality, diversity and inclusion policy, and any supporting action plan, are working in practice, reviewing them annually, and considering and taking action to address any issues.
The equality, diversity and inclusion policy is fully supported by senior management and has been agreed with trade unions and/or employee representatives
Details of the organisation’s grievance and disciplinary policies and procedures can be found in the employee portal. This includes with whom an employee should raise a grievance – usually their line manager.
Use of the organisation’s grievance and/or disciplinary procedures does not affect an employee’s right to make a claim to an employment tribunal within three months of the alleged discrimination.
Last updated on: January 9th, 2018
WHO WE ARE
Welcome to Flowte! We are an ecommerce and business management platform dedicated to providing the world with “One System for Everything” Through our platform, mobile apps and services, we enable people all over the world to run their lives and businesses more efficiently
Flowte Application Terms Of Service
By signing up for the Flowte services or any of the services of TicketLord Limited T/A Flowte. or its affiliates (“Flowte”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Flowte under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Flowte are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.flowte.com/terms. Flowte reserves the right to update and change the Terms of Service by posting updates and changes to the Flowte website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including Flowte’s Acceptable Use Policy (“AUP”) and Privacy Policy before you may become a Flowte user.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Flowte or any Flowte services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. ACCOUNT TERMS
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Services, you must register for a Flowte account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Flowte may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You acknowledge that Flowte will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. Flowte cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Flowte will result in an immediate termination of your services.
WHICH MEANS
You are responsible for your Account and any Materials you upload to the Flowte Service. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
2. ACCOUNT ACTIVATION
2.1 Flowte Account
Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorised to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
2.2 Flowte Payments Accounts
Upon completion of sign up for the Service, Flowte will create a Flowte Payments account on your behalf.
You acknowledge that Flowte Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep the payment account active, it is your responsibility to notify us of your intention to deactivate them
2.4 Domain Names
Upon purchasing a domain name through Flowte, domain registration will be preset to automatically renew each year so long as your Flowte Account remains active.
WHICH MEANS
The person signing up for the Flowte Service is responsible for the account and is bound by these Terms of Service. If you sign up on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
We automatically create accounts for you to accept payments. You are responsible for maintaining these accounts.
Any domain you purchase through us will automatically renew for the duration of the contract
3. GENERAL CONDITIONS
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy before you may become a member of Flowte.
Technical support is only provided to paying Account holders and is only available via email.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the Republic of Ireland without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts the Republic of Ireland with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
You acknowledge and agree that Flowte may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Flowte’s website, available at https://www.flowte.com/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Flowte’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the Flowte service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the Republic of Ireland. You will comply with all applicable laws, rules and regulations in your use of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Flowte.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Flowte or Flowte trademarks and/or variations and misspellings thereof.
You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
You acknowledge and agree that your use of the Service, including information transmitted to or stored by Flowte, is governed by its privacy policy at https://www.flowte.com/terms
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Flowte’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.flowte.com/terms will prevail.
WHICH MEANS
The Flowte service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
If a dispute arises the issue will be dealt with in the Republic of Ireland.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. FLOWTE RIGHTS
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Flowte customer, Flowte employee, member, or officer will result in immediate Account termination.
Flowte does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Flowte employees and contractors may also be Flowte customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
Flowte retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Flowte reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
WHICH MEANS
We can modify, cancel or refuse the service at any time.
In the event of an ownership dispute over a Flowte account, we can freeze the account or transfer it to the rightful owner.
5. LIMITATION OF LIABILITY
You expressly understand and agree that Flowte shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall Flowte or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Flowte partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Flowte does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Flowte does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
Flowte does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
WHICH MEANS
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
6. WAIVER AND COMPLETE AGREEMENT
The failure of Flowte to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Flowte and govern your use of the Service, superseding any prior agreements between you and Flowte (including, but not limited to, any prior versions of the Terms of Service).
WHICH MEANS
If Flowte chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Flowte don’t apply if they conflict with these terms.
7. INTELLECTUAL PROPERTY AND CUSTOMER CONTENT
We do not claim any intellectual property rights over the Materials you provide to the Flowte service. All Materials you upload remains yours. You can remove your Flowte store at any time by deleting your Account.
By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow Flowte to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Flowte can, at any time, review all the Materials submitted to its Service, although Flowte is not obligated to do so.
You retain ownership over all Materials that you upload to a Flowte storefront; however, by making your storefront public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Flowte shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
WHICH MEANS
Anything you upload remains yours and your responsibility.
8. POS SERVICES
In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Services. The POS Services include the Flowte POS software (“POS Software”), the Flowte POS website, programs, documentation, apps, tools, internet-based services and components, Flowte’s POS hardware (“POS Equipment”) and any updates thereto provided to you by Flowte.
Access to and use of the POS Services requires that you have an active and valid Account.
If your POS Services are enabled with Flowte Payments, you cannot concurrently use any other payment processing service. The payment gateway used for your POS Services must the same as that used for your Online Services, if applicable.
You can terminate your POS Services without terminating your Account or any other Services you subscribe to, and in such case, you will continue to be billed, and will pay for, the Services (other than the terminated POS Services).
You agree to use the POS Services in accordance with all procedures that may be provided by Flowte from time to time.
While the POS Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the POS Services, and we will not be liable for any unauthorised access to or use of data transmitted via the POS Services.
POS Equipment can be either purchased or leased. Purchase of the POS Equipment is subject to the POS Equipment Agreement, located at https://www.flowte.com/terms. Upon payment by you for the POS Equipment, and confirmation to you of shipment of the POS equipment, you will acquire ownership of and title to the hardware components of the POS Equipment, and you will be licensed to access and use all POS Software installed in the POS Equipment (and any updates thereto), on a limited, non-exclusive, revocable, non-sublicensable, non-transferable basis, solely for the purposes of using the POS Services. POS Equipment is subject to our Return Policy.
WHICH MEANS
If you use our POS Services, you must use the same payment processor that you use for the Online Services. You can cancel your POS Services at any time and still keep your Online Services active. We take data security very seriously, but we can’t guarantee that all transmissions using the POS Equipment are 100% secure. All transactions transmitted using the POS Equipment are at your own risk. Remember that the POS equipment is purchased, not leased. Our POS Equipment return policy applies to all POS equipment, except physical gift cards.
WHICH MEANS
You can apply Themes to use for one store at a time. Feel free to modify our Theme, but respect that the designers own their Themes, so don’t infringe on their rights. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.
11. FLOWTE FRANCHISEE’S
Flowte does not employ Franchisee’s and is in no way affiliated with Franchisee’s.
Flowte does not endorse Franchisee’s and takes no responsibility for any work performed by Franchisee’s or failure to fulfill a work order. Links to websites of Franchisee’s, announcements about services or offers, and responses to email inquiries regarding Franchisee’s, are provided solely for informational purposes at the discretion of Flowte and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, Organisation, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
Under no circumstances shall Flowte be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and Flowte Franchisee’s. These limitations shall apply even if Flowte has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
WHICH MEANS
Franchisee’s are not employees of Flowte and we are not responsible for them.
9. PAYMENT OF FEES
You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as POS Equipment, shipping, apps, Themes, domain names or Third-Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”. All fees are set out in Appendix A
Payment Terms: Client shall exclusively use Flowte Payments for the purpose of accepting credit and debit card orders. Client will pay a fee for the use of Flowte Payments as outlined in Appendix A. This fee will be calculated as a percentage of the gross amount of the revenue processed using Flowte with credit or debit cards. Flowte will make bank transfers to the nominated client account per the agreed schedule. The transfer will include all credit and debit card revenue processed in the preceding period. The transfer will be less any deductions and fees arising pursuant to this Agreement including, without limitation, all fees and charges owed by client to Flowte, and any other sums falling due under any other part of these terms of service. Payments can only be made to a bank account held in the name of the client as stipulated in the Flowte Payments Terms of Use.
Flowte Payments: The client will exclusively use Flowte Payments per the rates detailed in Appendix A for all orders processed using Flowte. At the point at which the customer pays for the order, using Flowte’s platform, Flowte will become the legal owner of the item being paid for. Flowte will be responsible for all refunds of orders until the funds for the sale have been transferred to the client. Client acknowledges and agrees that Flowte may, at any time, be entitled to cease providing the Flowte Payments Service for any reason whatsoever. To the extent Flowte ceases to provide these services, client acknowledges and agrees that it will commence use alternative payment services for the purposes of selling goods or services under this agreement.
Exception Charges: The client will enable “Verified by Visa and MasterCard SecureCode” payments within Flowte Payments for all e-commerce transactions. Any order processed without “Verified by Visa and MasterCard SecureCode” enabled will be subject to an exception fee of 1% of the transaction value. All corporate or international (overseas) credit and debit card transactions processed will be subject to an exception charge of 1%. Exception Charges will be billed quarterly in arrears.
You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Flowte will charge applicable Fees to the credit card account that you authorize (“Authorised Card”), and Flowte will continue to charge the Authorised Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
Subscription Fees are paid in advance (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Flowte’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. Users fees are due on receipt. Subscription fees can also be collected from the clients payout schedule.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
If you are a resident of the Republic of Ireland, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Flowte’s products and services. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorised Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Flowte’s products and services, including without limitation, your subscription to or purchase of Flowte’s Online Services, POS Services, POS Equipment, apps, Themes and domains (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to the Fees for the Taxable Offerings and will be billed to your Authorised Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to info@flowte.com .
Flowte does not provide refunds.
WHICH MEANS
For live payment gateways, a valid credit card is required. You will be billed for your Subscription Fees every 7 or 30 days and fees are due on receip. Any Transaction Fees or Additional Fees will be charged to your credit card. If you’re exempt from Canadian or U.S. taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.
10. CANCELLATION AND TERMINATION
Upon termination of clients Services by Flowte for any reason:
Flowte will cease providing you with the services and you will no longer be able to access your Account;
Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
Any outstanding balance owed to Flowte for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
Your store website will be taken offline.
If you purchased a domain name through Flowte, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the Flowte Service or your Account for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Flowte may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
WHICH MEANS
If we cancel your account, domains purchased through Flowte will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
11. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for using the Services are subject to change upon 30 days’ notice from Flowte. Such notice may be provided at any time by posting the changes to the Flowte Site (Flowte.com) or the administration menu of your Flowte store via an announcement.
Flowte reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
Flowte shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
WHICH MEANS
We may change or discontinue the service at any time, without liability.
12. THIRD PARTY SERVICES
In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Flowte’s partners or other third parties.
Flowte may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Flowte App Store. Such Third-Party Services are made available only as a convenience, and your purchase, access or use of any such Third-Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Flowte’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third-Party Services before using them.
We do not provide any warranties with respect to Third Party Services. You acknowledge that Flowte has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third-Party Services. The availability of Third Party Services on Flowte’s websites, including the Flowte App Store, or the integration or enabling of such Third-Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Flowte. Flowte does not guarantee the availability of Third Party Services and you acknowledge that Flowte may disable access to any Third-Party Services at any time in its sole discretion and without notice to you. Flowte is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third-Party Service. Flowte strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates, you should charge to your customers.
If you install or enable a Third-Party Service for use with the Services, you grant us permission to allow the applicable Third-Party Provider to access your data and to take any other actions as required for the interoperation of the Third-Party Service with the Services, and any exchange of data or other interaction between you and the Third-Party Provider is solely between you and such Third-Party Provider. Flowte is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third-Party Service or a Third-Party Provider to your data or other Materials.
Google Maps is a Third-Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.
Under no circumstances shall Flowte be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third-Party Services or your contractual relationship with any Third-Party Provider, including any Expert. These limitations shall apply even if Flowte has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Flowte partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third-Party Service or your relationship with a Third-Party Provider.
WHICH MEANS
We are not responsible for third party services so use them at your own risk. If you use any third-party services on the Flowte platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.
17. INTELLECTUAL PROPERTY AND TAKEDOWN PROCEDURE
Flowte supports the protection of intellectual property and asks Flowte merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send an infringement notice to Flowte’s by emailing info@flowte.com . Upon receiving an infringement notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.
WHICH MEANS
Flowte respects intellectual property rights and you should too. If we receive an infringement notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send Flowte an infringement notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we may post any notices we receive.
Acceptable Use Policy
Flowte is an Ecommerce and business management platform. While we believe in providing service to organisations of all disciplines there are some activities that are incompatible with Flowte’s mission to provide “One System for Everything”. This Acceptable Use Policy (“AUP”) describes activities that are prohibited in connection with your use of the Services.
For the purposes of this AUP, “Materials” means any photos, images, videos, graphics, written content, audio files, code, information, data or other content uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.
The following activities are prohibited:
Child Exploitation: You may not offer goods or services, or post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
Harassment, Bullying, Defamation and Threats: You may not offer goods or services, or post or upload Materials, that harass, bully, defame or threaten a specific individual.
Hateful Content: You may not offer goods or services, or post or upload Materials, that condone or promote violence against people based on race, ethnicity, colour, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status.
Illegal Activities: You may not offer goods or services, or post or upload Materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business.
Intellectual Property: You may not offer goods or services, or post or upload Materials, that infringe on the copyright or trademarks of others.
Malicious and Deceptive Practices: You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of Flowte or others, including Flowte’s third party providers. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.
Personal and Confidential Information: You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorised to provide such consent.
Self-Harm: You may not offer goods or services, or post or upload Materials, that promote self-harm.
Spam: You may not use the Services to transmit unsolicited commercial electronic messages.
Terrorist Organisations: You may not offer goods or services, or post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist Organisation.
We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of this AUP, including activities outside of your use of the Services.
Flowte has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services at any time for compliance with this AUP and the Flowte Terms of Service, or any other agreement between you and Flowte governing your use of the Services (collectively, the “Terms”). Our determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at our sole discretion.
Flowte may modify this AUP at any time by posting a revised version at https://www.flowte.com/terms. By continuing to use the Services or access your Account after a revised version of the AUP has been posted, you agree to comply with the latest version of the AUP. In the event of a conflict between the AUP and the Terms, this AUP will take precedence, but only to the extent required to resolve such conflict. Capitalized terms used but not defined in this AUP shall have the meanings set forth in the Terms.
Privacy Policy
Introduction
Welcome to Flowte!
As part of our mission to provide the world with “One System for Everything”, TicketLord Limited T/A Flowte and its affiliates, including Flowte Holdings Limited, Flowte Limited and Flowte Inc. (USA), (collectively, “Flowte”) collect and process a lot of information. This Privacy Policy is intended to help you better understand how we collect, use and store your personal information — whether you are a merchant or end user that uses Flowte’s products, applications or services (together, the “Services”), a customer that shops at a store using our technology, a participant in Flowte’s “Partners” program, or whether you’re simply visiting this website. By using any of Flowte’s Services, or by dealing with a merchant using Flowte’s Services, you are agreeing to the terms of this Privacy Policy and, as applicable, the Flowte Terms of Service.
We may update this Privacy Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. If we make material changes to this Privacy Policy, we will give you notice of such changes by posting the revised policy on this Website, and where appropriate, by other means. By continuing to use this Website or the Support Service after these changes are posted, you agree to the revised policy.
Information from merchants
Privacy matters! If you are a merchant, you agree to post a privacy policy on your storefront that complies with the laws applicable to your business. You also agree to obtain consent from your customers for the use and access of their Personal Information by Flowte and other third parties. In addition, if you are collecting any sensitive Personal Information from your customers (including information relating to medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sexuality), you agree to obtain affirmative, express consent from your customers for the use and access of sensitive Personal Information by Flowte and other third parties. To help you get started on creating your own privacy policy, check out our policy generator.
What information do we collect from merchants and why?
We collect your name, company name, address, email address, phone number(s) and credit card details.
We need this information to provide you with our Services; for example, to confirm your identity, contact you, and invoice you.
We collect data about the Flowte-hosted webpages that you visit. We also collect data about how and when you access your account, including information about the device and browser you use, your network connection and your IP address.
We need this information to give you access to and improve our Services.
Upon completing the sign-up process for the Services, and depending on your location, we may create a Flowte Payments account on your behalf. If you activate a Flowte Payments account, we collect your business address, business type, business ID number, date of birth (if you are an individual business owner), bank account information and government-issued identification information, such as your Social Security Number or your Social Insurance Number.
We need this information to create a Flowte Payments account for you, to provide you with Flowte Payments services, including fraud and risk monitoring, and to comply with applicable legal and regulatory requirements.
We collect Personal Information about your customers that you share with us or that customers provide while shopping or during checkout.
We use this information to provide you with our Services and so that you can process orders and better serve your customers.
We will also use Personal Information in other cases where you have given us your express permission.
When do we collect this information?
We collect Personal Information when you sign up for our Services, when you access our Services or otherwise provide us with the information.
Information from our merchants’ customers
What information do we collect and why?
We collect our merchants’ customers’ name, email, shipping and billing address, payment details, company name, phone number, IP address and device data.
We need this information to provide merchants with our Services, including supporting and processing orders, authentication, and processing payments. We also use this information to improve our Services.
When do we collect this information?
Information is collected when a merchant’s customer uses or accesses our Services, such as when a customer visits a merchant’s site, places an order or signs up for an account on a merchant’s site.
Information from Partners
Partners are individuals or businesses that have agreed to the terms of the Flowte Partner Program to work with Flowte to promote the Services by (a) referring clients to Flowte; (b) developing Flowte store themes for merchant use; or (c) developing apps using the Flowte Application Interface (API) for merchant use.
What information do we collect from Partners and why?
We collect your name, company name, website, twitter or other social media handles, phone number(s), address, business type, email address, and GST/HST number.
We use this information to work with you, confirm your identity, contact you, and pay you.
We collect data about the Flowte-hosted webpages that you visit and how and when you access your account, including information about the device and browser you use, your network connection and your IP address.
We use this information to give you access to and improve our Services.
We collect Personal Information about your customers that you share with us or that they provide to us directly.
We use this information to work with you and to provide our Services to your customers.
We will also use Personal Information in other cases where you have given us express permission.
When do we collect this information?
We collect this information when you sign up for a Partner Account, when you sign up one of your customers for our Services, or when your customers sign up themselves. We also collect any additional information that you might provide to us.
Information from Flowte website visitors and support users
What information do we collect and why?
From Flowte website visitors, we collect information about the device and browser you use, your network connection and your IP address. We also collect Personal Information submitted by you via any messaging feature available from any of our websites (“Messaging Feature”).
We may also receive Personal Information when you purchase tickets or make other requests to Flowte via any of our websites.
From telephone support users, we collect your phone number and call audio.
From chat support users, we collect your name, email address, information about the device and browser you use, your network connection, your IP address and chat transcript.
From forum users, we collect your name, email address and website URL.
We use this information to provide and enhance our Services (including servicing your account, if applicable), and answer any questions you may have.
When do we collect this information?
We collect this information when you visit Flowte-hosted webpages, use Services offered on our websites or engage with us either by email, web form, instant message, phone, or post content on or through our websites (including forums, blogs and via any Messaging Feature). We also collect any additional information that you might provide to us.
Information from cookies and similar tracking technology
What is a cookie? A cookie is a small amount of data, which may include a unique identifier. Cookies are sent to your browser from a website and stored on your device. We assign a different cookie to each device that accesses our website.
Why does Flowte use cookies and similar tracking technology?
We use cookies to recognise your device and provide you with a personalized experience.
We also use cookies to serve targeted ads from Google, Facebook, Bing, and other third-party vendors.
Our third-party advertisers use cookies to track your prior visits to our websites and elsewhere on the Internet in order to serve you targeted ads. For more information about targeted or behavioural advertising, please visit https://www.networkadvertising.org/understanding-online-advertising.
Opting out: You can opt out of targeted ads served via specific third-party vendors by visiting the Digital Advertising Alliance’s Opt-Out page.
We may also use web beacons, tracking technology and other automated tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement.
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
Learn more
When and why do we share Personal Information with third parties?
Flowte works with third parties to help provide you with our Services and we may share Personal Information with them to support these efforts. In certain limited circumstances, we may also be required to share information with third parties to conform to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also receive Personal Information from our partners and third parties.
Personal Information may be shared with third parties to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
Personal Information may be shared with third party vendors to help us conduct marketing and/or advertising campaigns.
Personal Information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganisation, or other similar transaction or proceeding. If this happens, we will post a notice on our home page.
Flowte is responsible for all onward transfers of Personal Information to third parties in accordance with the EU-U.S. Privacy Shield Principles, the U.S.-Swiss Safe Harbor Framework, and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).
Flowte will always ask for your consent before sharing your Personal Information with third parties for purposes other than those described in this Section 7.
Learn more about third parties
What do we do with your Personal Information when you terminate your relationship with us?
We will continue to store archived copies of your Personal Information for legitimate business purposes and to comply with the law.
We will continue to store anonymous or anonymized information, such as website visits, without identifiers, in order to improve our Services.
What we don’t do with your Personal Information
We do not and will never share, disclose, sell, rent, or otherwise provide Personal Information to other companies (other than to specific Flowte merchants you may be interacting with) for the marketing of their own products or services.
If you are a merchant using Flowte’s Services, we do not use the Personal Information we collect from you or your customers to independently contact or market to your customers. However, Flowte may contact or market to your customers if we obtain their information from another source, such as from the customers themselves.
How do we keep your Personal Information secure?
We follow industry standards on information security management to safeguard sensitive information, such as financial information, intellectual property, employee details and any other Personal Information entrusted to us. Our information security systems apply to people, processes and information technology systems on a risk management basis.
We perform annual audits to ensure our handling of your credit card information aligns with industry guidelines. We are certified as a PCI DSS Level 1 compliant service provider, which is the highest level of compliance available, and our platform is audited annually by a third-party qualified security assessor.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your Personal Information.
Residents of the European Economic Area (“EEA”)
Flowte works with merchants and users around the world, including in the EEA. If you are located in the EEA, your personal information is processed by Flowte’s Irish affiliate, TicketLord Limited T/A Flowte. Please note that as part of our service, we may transfer your personal information to other regions, including to Canada and the United States. In order to ensure that your information is protected when transferred out of the EEA, Flowte relies on the EU-U.S. Privacy Shield (described in more detail below), as well as inter-company agreements between our various affiliates that may process your information on behalf of Flowte International Ltd.
Additionally, if you are located in the EEA, you have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, or limit the use of your personal data. In order to exercise these rights, please reach out to us using the contact information below.
How do we protect your information across borders?
While TicketLord Limited T/A Flowte is an Irish company, we provide services to customers and our technology processes data from users around the world. Accordingly, Flowte may transmit your personal information outside of the country, state, or province in which you are located.
Flowte complies with the EU-U.S. Privacy Shield Framework, regarding the collection, use, and retention of Personal Information from data subjects in the European Economic Area (“EEA”), and with the Swiss-U.S. Privacy Shield Framework regarding the collection, use and retention of Personal Information from data subjects in Switzerland. In this regard, we have certified that we adhere to the Privacy Shield Principles of notice, choice, accountability for onward transfers, security, data integrity and purpose limitation, access, recourse, enforcement and liability.
If you are located in the EEA or in Switzerland, and believe that your Personal Information has been used in a manner that is not consistent with the relevant privacy policies listed above, please contact us using the information below. If your complaint or dispute remains unresolved, you may also contact the International Centre for Dispute Resolution®, the international division of the American Arbitration Association® (ICDR/AAA). This Organisation provides independent dispute resolution services, at no charge to you. ICDR/AAA can be contacted at http://go.adr.org/privacyshield.html.
If, after attempting to resolve a dispute through ICDR/AAA, you feel that your concerns about the use of your Personal Information have not been resolved, you may seek resolution of the issue through binding arbitration. For more information about the binding arbitration process, please visit http://www.privacyshield.gov./
By participating in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, Flowte’s participating U.S. entities are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. For more information about the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield, please visit https://www.privacyshield.gov./
Control and access to your Personal Information
You retain all rights to your Personal Information and can access it anytime. In addition, Flowte takes reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. You can update many types of Personal Information, such as payment or contact information, directly within your account settings. If you are unable to change your Personal Information within your account settings, please contact us to make the required changes. It’s important to remember that if you delete or limit the use of your Personal Information, the Services may not function properly.
If you have any questions about your Personal Information or this policy, or if you would like to make a complaint about how Flowte processes your personal data, please contact Flowte by email at info@flowte.com , or by using the contact details below:
TicketLord Limited T/A Flowte.
308 Q House, Furze Road, Sandyford Business Estate, Dublin 18, Ireland
Cookie Policy
Flowte does not use cookies for any purpose other than the ones listed in this policy. By using our website, you agree that cookies may be placed on your computer or internet-enabled device.
WHAT ARE COOKIES?
A cookie is a small amount of information that’s downloaded to your computer or device when you visit certain websites. We use a number of different cookies on the Flowte website, including necessary, functional, performance and targeting cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor. We use this information to improve the browsing experience for all of our users.
WHAT COOKIES DO WE USE AND WHY?
Some cookies are necessary to allow you to browse our website, use its features, and access secure areas. The use of these cookies is essential for the website to work, and we do not use these cookies to collect personal information about you. For example, we use user-input cookies for the duration of a session to keep track of a user’s input when filling in forms that span several pages.
We also use functional cookies to remember choices you’ve made or information you’ve provided, such as your username, language, or the region you are in. This allows us to tailor your website experience specifically to your preferences. For example, authentication cookies are functional cookies that are used for the duration of a session (or persistent, if you agree to the “remember me” function) to allow users to authenticate themselves on subsequent visits or to gain access to authorised content across pages. The functional cookies we use include:
User-centric security cookies to detect authentication abuses for a limited persistent duration, like repeated failed login attempts. These cookies are set for the specific task of increasing the security of the service.
Multimedia content player session cookies (flash cookies) are used for the duration of a session to store technical data needed to play back video or audio content (e.g. image quality, network link speed, and buffering parameters).
Load balancing session cookies are used for the duration of the session to identify the same server in the pool in order for the load balancer to redirect user requests appropriately.
User interface customisation persistent cookies are used to store a user’s preference regarding a service across web pages.
Flowte is dedicated to user experience and we use many tools to help us improve our website. To this end, we use performance cookies to collect information about how you use our website and how often. These cookies only gather information for statistical purposes and do not gather any information that can personally identify you. However, because these cookies are not strictly necessary for the use of our website, we require your consent to use them. The performance cookies we use include:
First party analytics cookies – We use these cookies to estimate the number of unique visitors, to improve our website and to detect the most searched for words in search engines that lead to a webpage. These cookies are not used to target you with online marketing. We use these cookies to learn how our website is performing and make relevant improvements to improve your browsing experience.
We also use Google Analytics and other third-party analytics providers to help measure how users interact with our website content. These cookies “remember” what our users have done on previous pages and how they’ve interacted with the website. For more information on Google Analytics, visit Google’s information page. For instructions on how opt out of Google Analytics, see below.
Targeting cookies are used on our website to tailor marketing to you and your interests and provide you with a more personalized service in the future. These cookies remember that you visited our website and we may share this information with third-parties, such as advertisers. Although these cookies can track your visits to our website and other sites, they typically cannot personally identify you. Without these cookies, the advertisements that you see may be less relevant and interesting to you. We do not use third-party advertising cookies.
Finally, Social plug-in tracking cookies are used by many social networks that have “social plug-in modules”. We integrate these modules into our platform to provide services than can be considered as “explicitly requested” by our users. Your consent, however, is required because some third-party social plug-in tracking cookies are used for things like behavioural advertising, analytics, and/or market research.
HOW LONG WILL COOKIES REMAIN ON MY COMPUTER OR MOBILE DEVICE?
The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 90 days and two years from the date they are downloaded to your device. See the section below on how to control cookies for more information on removing them before they expire.
SOCIAL BUTTONS
Social Buttons for third-party social media sites are used to enable our users to share or bookmark web pages. We cannot prevent these sites from collecting information about you. To understand how third-party social media sites use information about your activities on our website and the internet, please read their respective Terms of Use and Privacy Policies.
HOW TO CONTROL COOKIES?
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.
You can opt out of customized ads by visiting:
Ads Preference Manager
To opt-out of Google Analytics:
Google Analytics Opt-out Browser Add-on
If you use our website without opting out, it means that you understand and agree to data collection for the purpose of marketing ads to you.
Payments Terms Of Service
The Terms and Conditions described here constitute a legal agreement (“Agreement”) among the sole proprietor or business listed as the “Merchant” in the Flowte Payments service registration page, (the “Merchant” on the registration page, sometimes referred to as “you,” “your”, “user”), TicketLord Limited T/A Flowte (“Flowte”), Stripe, Inc. (“Stripe”), Elavon Merchant Services (“EMS”) and Bank of Ireland Bank (“Bank of Ireland”, collectively with Flowte, Stripe and EMS referred to as “we”, “our” or “us”).
THE FLOWTE PAYMENTS SERVICE (THE “SERVICE”)
Our Role
The Flowte Payments service (“Flowte Payments” or the “Service”) is a payment service that helps you accept and process credit card, debit card and other types of card payments (collectively “cards”) from your customers in exchange for your products and services for internet-based transactions (“Card Not Present Transactions” or “CNP Transactions”). At your election, Flowte may also provide you with card reader equipment and software (the “POS Equipment”) to enable you to accept in- person, point-of-sale transactions (“Card Present Transactions” or “CP Transactions”) as well as manually entered transactions (“Keyed Transactions”). Stripe and EMS provides the payment services to you on behalf of Flowte. Neither Flowte, Stripe or EMS is a bank or a money services business (“MSB”) nor do they offer banking or MSB services as defined by the United States Department of Treasury. In addition, we do not assume any liability for the products or services purchased using our Service. Flowte reserves the right to replace EMS or Stripe with alternative providers at its sole discretion.
Our Software
Stripe, EMS and Flowte provide the payment software to enable you to use the Service. We reserve the right to require you to install or update any and all software updates to continue using the Service. The foregoing offering is separate and distinct from the Flowte e-commerce and other services that are provided by TicketLord Limited T/A Flowte. under separate terms and conditions, which are independent of this Agreement (such services being a “Flowte Account” and such agreement being the “Flowte Merchant Agreement”).
Our Service also includes software to help you manage recurring and subscription billing charges for your products and services. It is your responsibility to obtain your customers’ consent to be billed on a recurring basis in compliance with applicable legal requirements and Visa Europe Ltd, Visa U.S.A., Inc., Visa Canada Inc. and Visa International (collectively, “Visa”) and MasterCard International Incorporated (“MasterCard”), Discover, American Express or other applicable card network (collectively, the “Payment Networks”) payment rules.
POS Equipment
If you choose, Flowte will provide you the POS Equipment that will permit you to accept CP Transactions and Keyed Transactions. Flowte POS software may be downloaded directly from the Flowte website.
When using Flowte POS hardware or software, you agree to the Flowte POS Terms of Agreement which is incorporated into this Agreement by reference. Payment Fees for the POS Infrastructure are set forth in the Flowte Payments Fee Schedule.
Authorisation for Handling of Funds
By accepting this Agreement, you authorise Bank of Ireland to hold, receive, and disburse funds on your behalf when such funds from your card transactions settle from the Payment Networks. You further authorise Stripe and EMS, on behalf of Flowte, to instruct Bank of Ireland in the manner of how your card transaction settlement funds should be disbursed to you (such as by a credit transaction or sending you a paper check payable to you) and the timing of such disbursements. You also authorise Bank of Ireland to hold settlement funds in a deposit account at Bank of Ireland pending disbursement of the funds to you in accordance with the terms of this Agreement. You agree you are not entitled to any interest or other compensation associated with the settlement funds held in the deposit account at Bank of Ireland pending settlement to your designated bank settlement account, that you have no right to direct that deposit account, and that you may not assign any interest or grant any security interest or lien in the settlement funds or the deposit account at Bank of Ireland. From time to time, we may make available to you information in the Service Account regarding anticipated settlement amounts that we have received on your behalf from the Payment Networks and are being held by us pending settlement. The settlement information reflected in the Service Account is for reporting and informational purposes only, and does not create any ownership or other rights in settlement funds, which are provisional credits only, until such funds are credited to your designated bank settlement account. Your authorisations set forth herein will remain in full force and effect until your Service Account is closed or terminated.
Payment Methods
The Flowte Payments card processing service supports any U.S.-issued card and most non-U.S. issued cards with a Payment Network logo, including credit and debit cards. Flowte will only process card transactions that have been authorised by the applicable Payment Network or card issuer. You are solely responsible for verifying the identity of users and of the eligibility of a presented payment card used to purchase your products and services, and Flowte does not guarantee or assume any liability for transactions authorised and completed which may later be reversed or charged back (See Chargebacks section below). You are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. Flowte may add or remove one or more types of cards as a supported payment card any time without prior notice to you.
Customer Service
Stripe, EMS and Flowte will provide you with customer service to resolve any issues relating to your Service Account, your card payment processing and use of our software, and the distribution of funds to your designated bank settlement account. You and you solely, are responsible for providing service to your customers for any and all issues related to your products and services, including but not limited to issues arising from the processing of customers’ cards through the Service.
Taxes and Reporting
It is your responsibility to determine what, if any, taxes apply to the sale of your goods and services and/or the payments you receive in connection with your use of the Service (“Taxes”). It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You acknowledge that we may make certain reports to tax authorities (including, e.g., 1099 forms) regarding transactions that we process and merchants to which we provide card payment services.
Pursuant to the Internal Revenue Code, merchant acquiring entities and third-party settlement organisations are required to file an information return with the IRS for each calendar year, reporting all payment card transactions and third-party network transactions with merchants occurring in that calendar year as required by law.
Security
Flowte, Stripe and EMS maintain commercially reasonable administrative, technical and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorised access and accidental loss or modification. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that you provide this personal information regarding you and your customers at your own risk.
Data Security
You are fully responsible for the security of data on your website or otherwise in your possession. You agree to comply with all applicable local and international laws and rules in connection with your collection, security and dissemination of any personal, financial, Card, or transaction information (defined as “Data”) on your website. You agree that at all times you shall be compliant with the Payment Card Industry Data Security Standards (“PCI-DSS”) and the Payment Application Data Security Standards (“PA-DSS”), as applicable. You agree to promptly provide us with documentation evidencing your compliance with PCI DSS and/or PA DSS if requested by us. You also agree that you will use only PCI-compliant service providers in connection with the storage, or transmission of Card Data, defined as a cardholder’s account number, expiration date, and CVV2. You must not store CVV2 data at any time. Information on PCI-DSS can be found on the PCI Council’s website. It is your responsibility to comply with these standards.
Audit Right
If we believe that a security breach or compromise of data has occurred, Flowte may require you to have a third-party auditor that is approved by Flowte conduct a security audit of your systems and facilities and issue a report to be provided to Flowte, financial banks, and the Payment Networks.
Privacy
Your privacy and the protection of your data are very important to us. Flowte works with Stripe and EMS to provide the Flowte Payments service, and Flowte, Stripe and EMS may collect or receive certain personal data about you and your customers. For more information about Flowte’s privacy practices, you should review https://www.flowte.com/privacy. For more information about Stripe’s privacy practices, you should review https://stripe.com/us/privacy. For more information about EMS’s privacy practices, you should review https://www.elavon.ie/privacy-pledge.html Reviewing these policies will help you understand how we collect, use and safeguard the information you provide to us.
Privacy of Others
You represent to us that you are in compliance with all applicable privacy laws, you have obtained all necessary rights and consents under applicable law to disclose to us, or allow Flowte, Stripe or EMS to collect, use, retain and disclose any Cardholder Data that you provide to us or authorise us to collect, including information that we may collect directly from your end users via cookies or other means, and that we will not be in breach of any such laws by collecting, receiving, using and disclosing such information in connection with the Service. As between the parties to this Agreement, you are solely responsible for disclosing to your customers that we are processing credit card transactions for you and obtaining Data from such customers. We will provide some or all of the Service from systems located within the United States or countries outside of the United States. As such, it is your obligation to disclose to your customers that Cardholder Data may be transferred, processed and stored outside of the United States and, as set forth in our Privacy Policy, may be subject to disclosure as required by applicable law.
If you receive information about others, including Cardholders, through the use of the Service, you must keep such information confidential and only use it in connection with the Service.
You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the user to do so. You may not disclose card numbers to any third party, other than in connection with processing a card transaction requested by the buyer customer.
Restricted Use
You are required to obey all laws, rules, and regulations applicable to your use of the Service (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising). In addition to any other requirements or restrictions set forth in this Agreement, you shall not: (i) utilize the credit available on any Card to provide cash advances to Cardholders,(ii) submit any card transaction for processing that does not arise from your sale of goods or service to a buyer customer, (iii) act as a payment intermediary or aggregator or otherwise resell our services on behalf of any third party, (iv) send what you believe to be potentially fraudulent authorisations or fraudulent card transaction, or (v) use your Service Account or the Service in a manner that Visa, MasterCard, American Express, Discover or any other Payment Network reasonably believes to be an abuse of the Payment Network or a violation of Payment Network rules.
You further agree not to, nor to permit any third party to, do any of the following: (i) access or attempt to access our systems, programs or data that are not made available for public use: (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from us; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Service except as expressly allowed under this section.
Suspicion of Unauthorised or Illegal Use
We reserve the right to not authorise or settle any transaction you submit which we believe is in violation of this Agreement, any other Flowte, Stripe or EMS agreement, or exposes you, other Flowte Payments users, our processors or Flowte, Stripe or EMS to harm, including but not limited to fraud and other criminal acts. You are hereby granting us authorisation to share information with law enforcement about you, your transactions, or your Service Account if we reasonably suspect that your Service Account has been used for an unauthorised, illegal, or criminal purpose.
Payment Network Rules
The Payment Networks have established guidelines, bylaws, rules, and regulations (“Payment Network Rules”). You are required to comply with all Payment Network Rules that are applicable to merchants. You can review portions of the Payment Network rules at Visa and MasterCard. The Payment Networks reserve the right to amend the Payment Network Rules. Stripe or EMS, acting on behalf of Flowte, reserves the right to amend the Agreement at any time with notice to you as necessary to comply with Network Rules or otherwise address changes in the Service.
Disclosures and Notices
You agree that Flowte can provide disclosures and notices, including tax forms such as the IRS form 1099-K, regarding the Service to you by posting such disclosures and notices on our website, emailing them to the email address listed in your Service Account, or mailing them to the address listed in your Service Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.
Automatic Reminders
We may use automated telephone dialling, text messaging systems and email to provide messages to you about your Service Account. The telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or another party. These messages may also be recorded by your answering machine or voicemail. You give us permission to call or send a text message to any telephone number which you have given us and to play pre-recorded messages or send text messages with information about this Agreement or your account over the phone. You agree that we will not be liable to you for any such calls or electronic communications, even if information is communicated to an unintended recipient. You understand that, when you receive such calls or electronic communications, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services. You agree that we have no liability for such charges. You agree to immediately notify us if you change telephone numbers or are otherwise no longer the subscriber or customary user of a telephone number you have previously provided to us.
18 TRADEMARK USAGE GUIDELINES
These guidelines explain how you must use and visually present our brand assets at all times. Your use of our brand assets indicates your acceptance of these guidelines, and you understand that your use of our brand assets in violation of these guidelines will result in automatic termination of your license and/or permission to use our brand assets.
Use of our brand assets must be expressly authorised in writing.
Your use must not mislead consumers as to our sponsorship of, affiliation with or endorsement of your company or your products or services.
Our brand assets are our exclusive property. All goodwill that results from your use of our brand assets will be solely to our benefit. You will not take any action that is at odds with our rights or ownership of our brand assets. Where used on a web page, our brand assets, as well as the mention of our name, should include embedded hyperlinks to our homepage: www.flowte.com.
Our brand assets must be used in a respectful manner. Our brand assets may not be used in a way that harms us, our products or services, or in a manner which, in our opinion, lessens or otherwise damages our reputation or the goodwill in our brand assets. In other words, please do not associate our brand assets with any illicit or illegal activities or use them in a way that is deceptive or harmful.
B. GETTING A SERVICE ACCOUNT
Registration
The Service is only made available to persons that operate a business selling goods and services, and the Service is not made available to persons to accept card payments for personal, family or household purposes. To use Flowte Payments for your business, you will first have to register for a Flowte Payments service account (“Service Account”). When you register for a Service Account, we will collect basic information including your name, company name, location, email address, tax identification number and phone number.
You may choose to register as an individual (sole proprietor) or as a company or other business Organisation. If you register as a company or business, you must also provide information about an owner or principal of the business and you must be authorised to act on behalf of the business and have the authority to bind the business to this Agreement. In order to sign up a business to use the Service, you must agree to this Agreement on behalf of the business. If you have so agreed, the term “you” will mean you, the natural person, as well as the business you represent. You understand that by registering for a Service Account, you are also registering for a Stripe or EMS Account, and that you are simultaneously providing your information to Flowte Payments for the purpose of opening a Service Account, and to Stripe or EMS for the purpose of establishing your Stripe or EMS Account.
Company Descriptions and Site URL
As part of your registration, you must provide the name under which you do business (which may be the business’s legal name or a “doing business name”) (e.g. MyStore Online Widgets), and a billing descriptor. These two fields and your site URL (eg. www.mystore.com) may appear in your customers’ credit or debit card statements. To avoid customer confusion and transaction disputes, it is important that you enter a description that clearly identifies your business. You agree to indemnify us from any costs from disputes due to your failure to do so.
Verification and Underwriting
To verify your identity, we will require additional information including your business EIN or Tax ID, social security number, and date of birth. We may also ask for additional information to help verify your identity and assess your business risk including business invoices, reseller authorisation or distributor information, a driver’s license or other government issued identification, or a business license. We may ask you for financial statements. We may request your permission to do a physical inspection at your place of business and to examine books and records that pertain to your compliance with this Agreement. Your failure to comply with any of these requests within five (5) days may result in suspension or termination of your Service Account. You authorise us to retrieve additional information about you from third parties and other identification services. Flowte may use your information to apply for card merchant acquiring accounts on your behalf with certain Payment Networks (such as American Express).
After we have collected and verified all your information, Flowte will review your account and determine if you are eligible to use the Service. Flowte may also share your information with our payment processors (such as Bank of Ireland, EMS & Stripe), each of which may also make a determination regarding your eligibility. We will notify you once your account has been either approved or deemed ineligible for use of the Service.
Investment & credit services
Securities brokers; mortgage consulting or debt reduction services; credit counselling or repair; real estate opportunities; lending instruments
Money and legal services
Money transmitters, check cashing, wire transfers, money orders; currency exchanges or dealers; bail bonds; collections agencies; law firms collecting funds for any purpose other than to pay
fees owed to the firm for services provided by the firm (e.g., firms cannot use Flowte Payments to hold client funds, collection or settlement amounts, disputed funds, etc.)
Virtual currency or stored value
Virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g., Bitcoin); sale of stored value, quasi-cash or
credits maintained, accepted and issued by anyone other than the seller
By accepting the terms of this Agreement, you are providing us with authorisation to retrieve information about you by using third parties, including credit bureaus and other information providers. You acknowledge that such information retrieved may include your name, address history, credit history, and other data about you. We may periodically update this information to determine whether you continue to meet the eligibility requirements for a Service Account.
You agree that Flowte is permitted to contact and share information about you and your application (including whether you are approved or declined), and your Service Account with the payment processor, including Bank of Ireland. This includes sharing information (a) about your transactions for regulatory or compliance purposes, (b) for use in connection with the management and maintenance of the Service, (c) to create and update their customer records about you and to assist them in better serving you, and (d) to conduct Flowte’s risk management process.
Service Account – US only
By registering for a Service Account, you are confirming to be either a legal resident of the United States, a United States citizen or a business entity authorised to conduct business by the state in which you operate. The Service and your Service Account may only be used in the fifty states of the United States of America and the District of Columbia. You may not export the Service directly or indirectly, and you acknowledge that the Service may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII).
By accepting this Agreement, you confirm that you will satisfy these requirements.
Prohibited Businesses
The following categories of businesses and business practices are prohibited from using the Flowte Payments Service (“Prohibited Businesses”). Prohibited Business categories may be imposed through network rules or the requirements of our financial services providers. The types of businesses listed in the right column are representative, but not exhaustive. If you are uncertain as to whether your business is a Prohibited Business, or have questions about how these requirements apply to you, please contact us.
FINANCIAL AND PROFESSIONAL SERVICES
IP Infringement, regulated or illegal products and services
Intellectual property or proprietary rights infringement
Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorisation from the rights holder; any product or service that infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party; use of Flowte intellectual property without express consent from Flowte; use of the Flowte name or logo including use of Flowte trade or service marks inconsistent with the Flowte Trademark Usage Guidelines, or in a manner that otherwise harms Flowte or the Flowte brand; any action that implies an untrue endorsement by or affiliation with Flowte
Counterfeit or unauthorised goods
Unauthorised sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported
Gambling
Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance
Regulated products and services
Marijuana dispensaries and related businesses; alcohol or alcoholic beverages; sale of tobacco, e-cigarettes, or accessories including e-juice or e-liquid; online pharmacies or pharmacy referral services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis
Adult content and services
Pornography and other obscene materials (including literature, imagery and other media). Sites offering any sexually-related products or services such as prostitution, massage parlours, dating-services, companion/escort services; international match-making and mail-order brides; pay-per view, adult live chat or call features; child pornography, fetish gear and services including S&M paraphernalia; hard-core sexually oriented products and services; sex shows, sex clubs, topless bars, strip shows, and other adult entertainment; widgets that allow you to access pornography or pornographic ads
UNFAIR, PREDATORY, OR DECEPTIVE PRACTICES
Get rich quick schemes
Investment opportunities or other services that promise high rewards
Mug shot publication or pay-to-remove sites
Platforms that facilitate the publication and removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm
No-value-added services
Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorisation or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers
PRODUCTS OR SERVICES THAT ARE OTHERWISE PROHIBITED BY OUR FINANCIAL PARTNERS
Aggregation
Engaging in any form of licensed or unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds. *except by written exception
Drug paraphernalia
Any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs
Event Tickets
Event or festival tickets, event ticket resellers, including theme park ticket reseller*except by written exception
Government Services
Embassies, foreign consulates or other foreign governments. *except by written exception
High risk businesses
Human hair, fake hair, or hair-extensions; age verification services; bankruptcy lawyers; computer technical support; psychic services; extended warranties; travel reservation services and clubs; airlines; cruises; timeshares; chain-letters; essay mills; flea markets; prepaid phone cards, phone services, and cell phones; telemarketing, telecommunications equipment and telephone sales; shipping or forwarding brokers; door-to-door sales; negative response marketing; credit card and identity theft protection; the use of credit to pay for lending services; any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies
Multi-level marketing
Pyramid schemes, network marketing, and referral marketing programs
Pseudo pharmaceuticals
Pharmaceuticals and other products that make health claims
Social media activity
Sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity
Substances designed to mimic illegal drugs
Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)
Video game or virtual world credits
Sale of in-game currency unless the merchant is the operator of the virtual world
Use of Flowte Payments in a manner inconsistent with its intended use or as expressly prohibited in the Terms of Service
Use of Flowte Payments principally as a virtual terminal (e.g., submitting card transactions by manually inputting card information); processing where there is no bona fide good or service sold, or donation accepted; card testing; evasion of card network chargeback monitoring programs; sharing cardholder information with another merchant for payment of upsell or cross-sell product or service; offering substantial rebates or incentives to the cardholder subsequent to the original purchase
C. PROCESSING CARD TRANSACTIONS AND RECEIVING YOUR FUNDS
Processing Card Transactions
You agree that you will honour all eligible cards presented for payment by your customers for your goods and services in accordance with the Payment Network rules, this Agreement and any operating guides that we may provide you from time to time. You agree that you will obtain an authorisation from the Payment Network(s) for each card transaction, as required under the Payment Network rules, and will not submit a card transaction for settlement where there is a negative authorisation or the card is otherwise expired. You acknowledge that the existence of an affirmative authorisation from us or the Payment Networks does not mean that a particular card transaction will not be subject to Chargeback, Reversal or Claim at a later date.
You will not impose any fee or surcharge on a customer that seeks to use an eligible payment card. You will provide a receipt to the customer at the conclusion of the purchase transaction that includes all information required under Payment Network rules and applicable law.
You will display all Payment Network marks in accordance with the rules and procedures of the Payment Networks, and will use such marks only to indicate that you accept their cards for payment.
Payouts and Transaction History
We will pay out funds settling from the Payment Networks to your designated bank settlement account in the amounts actually received (less our Fees as defined below) for card transactions submitted to our Service. The payouts will be made to the bank account (“Bank Account”) you provide for your Service Account. The Bank Account must be in the name of the business located at a bank in the same country and jurisdiction as the business entity. You are responsible for the accuracy and correctness of information regarding your Bank Account. Funds for any given transaction will not be transferred to your Bank Account until the transaction is deemed complete. Transactions will be deemed complete when we have received funds settling from the Payment Networks and when we or our processing financial institutions have accepted such funds. The actual timing of the transfers to your Bank Account of the settling funds will be subject to the Payout Schedule as defined below.
Notwithstanding the foregoing, you acknowledge that all credits for funds provided to you are provisional and subject to reversal including without limitation if there are adjustments for inaccuracies and errors (including rejects) and Chargebacks, Reversals or Claims in accordance with this Agreement and the Card Network payment rules, whether or not a transaction is charged back by the issuer of the Card or the Cardholder. Accordingly, you authorise us to initiate reversal or adjustment (debit or credit) entries to the Bank Account and to initiate or suspend such entries in accordance with this Agreement as may be necessary to grant or reverse provisional credit for any transaction.
After each payout of card settlement funds to your Bank Account, we will update information in your Service Account to reflect settlement. Information regarding your card transactions processed and settled with the Services (“Transaction History”) will be available to you when you login to our website using your Service Account. We provide a minimum of one year of Transaction History on our website. Except as required by law, you are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your Service Account, your Transaction History and your use of the Service.
Payout Schedule
Payout schedule refers to the time it takes for us to initiate a transfer to your Bank Account of settlement funds arising from card transactions processed through the Service (“Payout Schedule”). Once your bank account information has been reviewed, Stripe or EMS, on behalf of Flowte, will initiate transfer of settlement funds (net Fees, chargebacks, and other funds owed to us for any reason) in accordance with the Payout Schedule, the terms of which will be assessed on an ongoing basis by Flowte risk department. The settlement funds should normally be credited to your Bank Account within 2-3 days of us initiating the payout. We are not responsible for any action taken by the institution holding your Bank Account that may result in some or all of the funds not being credited to your Bank Account or not being made available to you in your Bank Account.
Stripe or EMS, on behalf of Flowte and/or Bank of Ireland reserves the right to change the Payout Schedule or suspend payouts to your Bank Account should we determine it is necessary due to pending disputes, excessive or anticipated excessive Chargebacks or refunds, or other suspicious activity associated with your use of the Service or if required by law or court order.
Reconciliations and Errors
Your Transaction History will be available to you when you login to our website using your Service Account. Except as required by law, you are solely responsible for reconciling your Transaction History with your actual card payment transactions. You agree to notify us of any discrepancies arising from such reconciliation and verification. We will investigate any reported discrepancies and attempt to rectify any errors that you or we discover. In the event you are owed money as a result of the discrepancy, we will transfer funds to your Bank Account in the next scheduled payout. Your failure to notify us of an error or discrepancy in your Transaction History within sixty (60) days of when it first appears on your Transaction History will be deemed a waiver of any right to amounts owed to you in connection with any such error or discrepancy in processing your card payments.
If you submit or cause us to process transactions erroneously, you agree to contact us immediately. We will investigate any reported errors and attempt to rectify any errors that you or we discover by crediting or debiting your Service Account as appropriate. Flowte will only correct transactions that you process incorrectly if and when you notify us of such an error. Your failure to notify us of a processing error within thirty (30) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
Refunds and Returns
By accepting these terms of service, you agree to submit any and all refunds and adjustments for returns of your products and services through the Service to the Cardholder’s card in accordance with the terms of this Agreement and Payment Network Rules. Payment Network Rules require that you will (i) maintain a fair return, cancellation or adjustment policy; (ii) disclose your return or cancellation policy to customers at the time of purchase, (iii) not give cash refunds to a customer in connection with a Card sale, unless required by law, and (iv) not accept cash or any other item of value for preparing a Card sale refund.
Full refunds must be for the exact transaction amount of the original transaction including tax, handling charges, and other charges. The refund amount may not exceed the original sale amount except by an amount equal to any reimbursements to customer for postage costs incurred for product returns. Refunds processed though the Service must be submitted within sixty (60) days of the original transaction but in all cases, within three (3) days of approving the Cardholder refund.
For processed refunds, we, will deduct the refund amount (including any applicable Fees) from (i) settlement funds owed to you from processing of other card transactions, or (ii) funds in any Reserve Account (as defined below). If these funds are not sufficient, you authorise us, to initiate a debit entry to your Bank Account in the amount necessary to complete the refund transaction to the Cardholder’s card. In the event we cannot access your Bank Account by means of a debit entry, you agree to pay all funds owed to us upon demand. You are solely responsible for accepting and processing returns of your products and services; we have no responsibility or obligation for processing such returns.
Chargebacks
A Chargeback (defined below) is typically caused when a customer disputes a charge that appears on their bill. A Chargeback may result in the reversal of a transaction, with the amount charged back to you. You can be assessed Chargebacks for: (i) customer disputes, (ii) unauthorised or improperly authorised transactions, or (iii) transactions that do not comply with Payment Network Rules or the terms of this Agreement or are allegedly unlawful or suspicious, or (iv) any reversals for any reason by the Network, our processor or acquiring bank, or the Cardholder’s card issuing financial institution.
When a Chargeback is issued, you are immediately liable to Flowte for the full amount of payment of the Chargeback plus any associated Fees, fines, expenses or penalties (including those assessed by the Payment Networks or our payment processors). You agree that we may recover these amounts by means of a debit entry of your Bank Account associated with your Service Account, debiting your Reserve Account, or setting off any amounts owed to you by us. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid Chargebacks unpaid by you.
Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that: (a) a Chargeback is assessed due to a customer’s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the customer may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur.
Contesting your Chargebacks
You or Flowte may elect to contest Chargebacks assessed to your account. Flowte may provide you with assistance including notifications and software to help contest your Chargebacks. We do not assume any liability for our role or assistance in contesting Chargebacks.
You agree to provide us with the necessary information, in a timely manner and at your expense, to investigate or help resolve any Chargeback. You also grant us permission to share records or other information required with the Cardholder, the Cardholder’s financial institution, and your financial institution to help resolve any disputes. You acknowledge that your failure to provide us with complete and accurate information in a timely manner may result in an irreversible Chargeback being assessed.
If the Cardholder’s issuing bank or the Payment Network does not resolve a dispute in your favour, we may recover the Chargeback amount and any associated fees from you as described in this Agreement.
We reserve the right, upon notice to you, to charge a fee for mediating or investigating Chargeback disputes.
Excessive Chargebacks
At any point, Flowte, Stripe, EMS or Bank of Ireland, the Payment Networks, or our payment processor(s) may determine that you are incurring excessive Chargebacks. Excessive Chargebacks may result in additional fees, penalties, or fines. Excessive Chargebacks may also result in additional controls and restrictions to your use of the Service, including without limitation, (i) changes to the terms of your Reserve Account, (ii) increases to your applicable Fees, (iii) delays in your Payout Schedule, or (iv) possible suspension or termination of your Service Account and the Service. The Networks may also place additional controls or restrictions as part of their own monitoring programs for merchants with excessive Chargebacks.
Flowte Fees
You agree to pay the Fees (“Fees”) assessed by us to you for providing the payment services described in this Agreement. These fees will be calculated pursuant to the Fee Schedule incorporated into this Agreement.
POS Equipment Fees. If you choose to purchase POS Equipment *from Flowte, you agree to pay the fees assessed by Flowte to *you for providing the POS Equipment. These fees are set forth in this Agreement by reference.
We reserve the right to revise our Fees at any time, subject to a thirty (30) day notice period to you.
You acknowledge that you are also responsible for any penalties or fines imposed on us or directly on you by any Payment Network or financial institution as a result of your activities.
Our Collection Rights
To the extent permitted by law, we may collect any obligations you owe us under this Agreement by deducting the corresponding amounts from the Reserve Account or from funds payable to you arising from the settlement of card transactions. Fees will be assessed at the time a transaction is processed and will be first deducted from the funds received for such transactions. If the settlement amounts or Reserve Account are not sufficient to meet your obligations to us, we may charge or debit the bank account or credit card registered in your Service Account for any amounts owed to us. Your failure to fully pay amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest.
Additionally, we may require a personal guarantee from a principal of a business for funds owed under this Agreement. If we require a personal guarantee we will specifically inform you in advance.
In addition to the amount due, delinquent accounts may be charged with fees that are incidental to the collection of delinquent accounts and chargebacks including, but not limited to, collection fees and convenience fees and other third parties charges.
You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Flowte by you. Such communication may be made by Flowte or by anyone on its behalf, including but not limited to a third-party collection agent.
Reserves
Funds held in reserves are amounts of money set aside to cover Chargebacks, refunds, or other payment obligations under this agreement (a “Reserve Account”). We, in our discretion, will set the terms of your Reserve Account and notify you of such terms, which may require that a certain amount (including the full amount) of the funds received for your transaction is held for a period of time or that additional amounts are held in the Reserve Account. We, in our discretion, may elect to change the terms of the Reserve Account at any time for any reason based on your payment processing history or as requested by our payment processors.
We may require you to fund the Reserve Account by means of: (i) any funds payouts made or due to you for card transactions submitted to the Service, or, or (ii) amounts available in your Bank Account by means of ACH debit to that Bank Account, or (iv) other sources of funds associated with your Service Account; or (iv) requesting that you provide funds to us for deposit to the Reserve Account.
You agree that you are not entitled to any interest or other compensation associated with the funds held in the Reserve Account, that you have no right to direct that account, that you have no legal interest in those funds or that account and that you may not assign any interest in those funds or that account.
Security Interest
You grant us a lien and security interest in the Reserve Account, all Card transactions (including future Card transactions), any rights to receive credits or payments under this Agreement, and all deposits and other property of yours possessed or maintained by us on your behalf. You will execute, deliver, and pay the fees for any documents we request to create, perfect, maintain and enforce this security interest.
D. TERMINATION AND OTHER GENERAL LEGAL TERMS
Term
The Agreement is effective upon the date you agree to it (by electronically indicating acceptance) and continues so long as you use the Service or until terminated by Flowte, Stripe, EMS or Bank of Ireland.
Termination
If you do not wish for your contract to auto-renew, a formal written request must be submitted sixty days or more in advance of your renewal date. In absence of such a request your contract will automatically renew per the existing terms and for a new term of the same duration as the preceding contract. We may terminate this Agreement and close your Service Account at any time for any reason effective upon providing you notice in accordance with Section A16 above. We may suspend your Service Account and your access to the Service and any funds in your Service Account, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Service because of the risk associated with your Service Account, including without limitation significant credit or fraud risk, or for any other reason; or (ii) you do not comply with any of the provisions of this Agreement, (iii) upon request of an Organisation or a card issuer. Termination of your Service Account does not terminate your separate account with Stripe, EMS or the Flowte Merchant Agreement.
Effects of Termination
Upon termination and closing of your Service Account, we will immediately discontinue your access to the Service. You agree to complete all pending transactions, immediately remove all logos for Cards, and stop accepting new transactions through the Service. You will not be refunded the remainder of any fees that you have paid for the Service if your access to or use of the Service is terminated or suspended. Any funds in our custody will be paid out to you subject to the terms of your payout schedule.
Termination does not relieve you of your obligations as defined in this Agreement and we may elect to continue to hold any funds deemed necessary pending resolution of any other terms or obligations defined in this Agreement, including but not limited to Chargebacks, Fees, Refunds, or other investigations or proceedings.
Termination of this Agreement will not necessarily terminate your Flowte Merchant Agreement, unless Flowte informs you otherwise.
Upon termination you agree: (i) to immediately cease your use of the Service (ii) to discontinue use of any Flowte, Stripe or EMS trademarks and to immediately remove any Flowte, Stripe or EMS references and logos from your Site (iii) that the license granted under this Agreement shall end, (iv) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (v) we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Service or deletion of your information or account data.
Your License
We grant you a personal, limited, non-exclusive, revocable, non- transferable license, without the right to sublicense, to electronically access and use the Service solely to accept and receive payments and to manage the funds you so receive. The Service includes our website, any software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you by us. You will be entitled to download updates to the Service, subject to any additional terms made known to you at that time, when we make these updates available.
Ownership
The Service is licensed and not sold. We reserve all rights not expressly granted to you in this Agreement. The Service is protected by copyright, trade secret and other intellectual property laws. We own the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Service and all copies of the Service. This Agreement does not grant you any rights to our trademarks or service marks.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
Your Liability
You are responsible for all Reversals, Chargebacks, Claims, fines, fees, penalties and other liability arising out of or relating to your breach of this Agreement, and/or your use of the Service. You agree to reimburse your customer, Flowte, Stripe, EMS Bank of Ireland and any third party designated by Flowte, Stripe, EMS or Bank of Ireland for any and all such liability. “Chargeback” means a request that a buyer customer files directly with his or her card company or card issuing bank to invalidate a processed payment. “Claim” means a challenge to a payment that you or a buyer customer files directly with Flowte. “Reversal” means Flowte reverses the settlement of funds from a processed card transaction that you received because (a) the card transaction is invalidated by the card issuer, (b) the settlement funds were sent to you in error by (i) Flowte, Stripe, EMS or Bank of Ireland; (ii) the processors, suppliers or licensors of Flowte, Stripe, EMS or Bank of Ireland; or (iii) any of the respective affiliates, agents, directors and employees of any of the entities listed in (i) or (ii) above, (c) the sender of the payment did not have authorisation to send the payment (for example: the buyer used a card that did not belong to the buyer), (d) you received the payment for activities that violated this Agreement or any other Flowte, Stripe or EMS agreement, or (e) we decided a Claim against you.
We will have the final decision-making authority with respect to Claims, including without limitation claims for refunds for purchased items that are filed with us by you or your customers. You will be required to reimburse us for your liability. Your liability will include the full purchase price of the item plus the original shipping cost (and in some cases you may not receive the item back). You will not receive a refund of any fees paid to us.
Without limiting the foregoing, you agree to defend, indemnify, and hold harmless Flowte, Stripe, EMS or Bank of Ireland and their respective employees and agents (collectively “Disclaiming Entities”) from and against any claim, suit, demand, loss, liability, damage, action or proceeding arising out of or relating to (i) your breach of any provision of this Agreement, and/or (ii) your use of the Service, including without limitation any Reversals, Chargebacks, Claims, fines, fees, penalties and attorneys’ fees; (iii) your, or your employee’s or agent’s, negligence or willful misconduct; or (iv) third party indemnity obligations we incur as a direct or indirect result of your acts or omissions (including indemnification of any Payment Network or Issuer).
If you are liable for any amounts owed to us, we may immediately remove such amounts from your Reserve Account and deduct the amounts owed to us from such Reserve Account funds. If you do not have sufficient funds in the Reserve Account to cover your liability, you will be required to immediately add additional funds to your Reserve Account to cover funds owed to us. If you do not do so, we may engage in collections efforts to recover such amounts from you at your cost and expense.
Representation and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name under which you sell goods and services; (d) any sales transaction submitted by you will represent a bona fide sale by you; (e) any sales transactions submitted by you will accurately describe the goods and/or services sold and delivered to a purchaser; (f) you will fulfill all of your obligations to each customer for which you submit a transaction and will resolve any consumer dispute or complaint directly with the purchaser; (g) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations; (h) except in the ordinary course of business, no sales transaction submitted by you through the Service will represent a sale to any principal, partner, proprietor, or owner of your entity; (i) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service.
No Warranties
THE SERVICE AND ALL ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SERVICE IS AT YOUR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE OR FROM (I) FLOWTE, STRIPE, EMS OR BANK OF IRELAND; (II) THE PROCESSORS, SUPPLIERS OR LICENSORS OF FLOWTE, STRIPE, EMS OR BANK OF IRELAND; OR (III) ANY OF THE RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES OF ANY OF THE ENTITIES LISTED IN (I) OR (II) ABOVE (COLLECTIVELY, THE “DISCLAIMING ENTITIES” AND INDIVIDUALLY A “DISCLAIMING ENTITY”), WILL CREATE ANY WARRANTY. YOU SPECIFICALLY ACKNOWLEDGE THAT WE DO NOT HAVE ANY CONTROL OVER THE PRODUCTS OR SERVICES THAT ARE PAID FOR WITH THE SERVICES, AND WE CANNOT ENSURE THAT YOUR CUSTOMERS WILL COMPLETE A TRANSACTION OR ARE AUTHORISED TO DO SO.
WITHOUT LIMITING THE FOREGOING, THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE INFORMATION THEY PROVIDE OR THAT IS PROVIDED THROUGH THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT THE SERVICE WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SUBJECT MATTER DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. THE DISCLAIMING ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT HOW LONG WILL BE NEEDED TO COMPLETE THE PROCESSING OF A TRANSACTION.
THE DISCLAIMING ENTITIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEITHER FLOWTE, STRIPE, EMS NOR BANK OF IRELAND WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability and Damages
IN NO EVENT SHALL A DISCLAIMING ENTITY (AS DEFINED IN SECTION 8 ABOVE) BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES (AS DEFINED IN SECTION 8 ABOVE) BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORISED ACCESS OR USE OF THE SERVICE OR YOUR SERVICE ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THE DISCLAIMING ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (B) ANY UNAUTHORISED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (D) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; (E) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
WITHOUT LIMITING THE FOREGOING PROVISIONS OF THS SECTION 9, THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO FLOWTE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. THE LIMITATIONS APPLY EVEN IF FLOWTE, STRIPE, EMS OR BANK OF IRELAND HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE PROVISIONS OF THIS SECTION 9 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the Republic of Ireland. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Republic of Ireland, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the European Union, or are a foreign person or entity blocked or denied by the European Union. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the Republic of Ireland
Disputes; Choice of Law; Jurisdiction and Venue
You agree that any disputes arising out of or relating to this Agreement or the Service shall be resolved in accordance with this Section 10.
This Agreement is governed by the laws of the Republic of Ireland (without regard to its choice of law provisions). The exclusive venue for any actions or claims arising under or related to this Agreement shall be in the appropriate court located in the Republic of Ireland. ALL PARTIES IRREVOCABLY WAIVE ANY AND ALL RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY CLAIM RELATING TO OR ARISING UNDER THIS AGREEMENT. You and we each represent to the other that this waiver is knowingly, willingly and voluntarily given. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that we may have under trade secret, copyright, patent or other laws. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Right to Amend
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service or software with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website or any other website maintained or owned by us for the purposes of providing services in terms of this Agreement. Any use of the Service or software after our publication of any such changes shall constitute your acceptance of this Agreement as modified.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without consent or other restriction.
Change of Business
You agree to give us at least 30 days prior notification of your intent to change your current product or services types, your trade name or the manner in which you accept payment. You agree to provide us with prompt notification if you are the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding. You also agree to promptly notify us of any adverse change in your financial condition, any planned or anticipated liquidation or substantial change in the basic nature of your business, any transfer or sale of 25% or more of your total assets or any change in the control or ownership of you or your parent entity. You will also notify us of any judgment, writ, warrant of attachment, execution or levy against 25% or more of your total assets not later than three days after you obtain knowledge of it.
Parties
This Agreement binds you and your respective heirs, representatives, and permitted and approved successors (including those by merger and acquisition) or any permitted assigns.
Third Party Services and Links to Other Web Sites
You may be offered services, products and promotions provided by third parties and not by us. If you decide to use these Third-Party Services, you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that we are not responsible for the performance of these services. The Flowte website may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, recommendation by us. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in this Agreement. We expressly disclaim any liability for these websites. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies.
Force Majeure
No party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, non-performance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations under Section D6, including without limitation for Reversals, Chargebacks, Claims, fines, fees, refunds or unfulfilled products and services.
Entire Agreement; Remedies
These terms and conditions and all policies and procedures that are incorporated herein by reference constitute the entire agreement between you, Flowte, Stripe, EMS and Bank of Ireland with respect to the provision of the Service. In the event of a conflict between this Agreement and any other Flowte, Stripe or EMS agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. Except as expressly provided in this Agreement, these terms describe the entire liability of Flowte, Stripe, EMS, Bank of Ireland and our vendors and suppliers (including processors) and sets forth your exclusive remedies with respect to the Service and your access and use of the Service. If any provision of this Agreement (or portion thereof) is held to be invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
This Agreement has been reviewed by you with the benefit of independent legal counsel to the extent you consider necessary and any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the construction or interpretation of this Agreement. The rights conferred upon us in this Agreement are not intended to be exclusive of each other or of any other rights and remedies we may have at law or in equity. Rather, each and every right we may have under this Agreement, at law or in equity is cumulative and concurrent and in addition to every other right.
Survival
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, this Agreement survives and remains in effect in accordance with their terms upon the termination of this Agreement
Organisation Disclosure
The Bank of Ireland mailing address is Bank of Ireland Bank, College Green, Dublin 2, Republic of Ireland. Bank of Ireland discloses that: (a) it is the only entity approved to extend acceptance of Organisation products directly to you; (b) it must be a principal to this Agreement; (c) it is responsible for educating you on pertinent Payment Network rules with which you must comply, but this information may be provided to you by Flowte, Stripe or EMS; (d) it is responsible for and must provide settlement funds to you; and (e) it is responsible for all funds held in reserve that are derived from settlement.
Merchant Responsibilities
You must: (a) ensure compliance with cardholder data security and storage requirements; (b) maintain fraud and chargebacks below Payment Network thresholds; (c) review and understand the terms of this Agreement; (d) comply with all Payment Network rules; and (e) retain a copy of this Agreement.
You may download “Visa Regulations” from Visa’s website. You may download “MasterCard Rules” from MasterCard’s website.
The responsibilities listed above do not supersede the terms of this Agreement and are provided to ensure that you understand some important obligations of each party. EMS is the ultimate authority should you have any problems.
RETURN POLICY
At Flowte, we do everything we can to ensure you are happy with your purchase, but we know that sometimes a product is just not right. We’ve made our return policy as easy as possible. For our full refund policy see the customer agreement below.
REQUIREMENTS
Within 30 Days – You must return your product within 30 days of the product being shipped. Returns must be shipped back to our warehouse within 7 days of receiving your return label.
Include original packaging and product in new condition – Any returned product(s) must be returned in all of their original packaging, and in like-new condition. Flowte may reject the returned product if there is damage to the product and/or product packaging.
If a product is deemed unfit for return, Flowte will notify the customer that the return has been rejected and no refund will be issued to the customer. The customer can choose one of the following options.
The product will be shipped back to the customer and will incur additional shipping costs
or
The product will be recycled.
If you do not select one of the above options within 14 days of Flowte informing you that your return has been rejected, the product will be recycled.
Free Return Shipping – We are not responsible for risk of loss or damage for returning a product during shipment. International shipments must purchase return postage to process a return.
Due to the nature of physical gift cards we are unable to offer any returns/refunds on gift card orders once they have been printed.
INSTRUCTIONS
As long as your return adheres to the requirements described above, follow these steps to return your product:
Please request your return in writing to Flowte’s head office in Dublin, Ireland.
After reviewing your return request, we will email you a return label. Print out the return label and securely attach it to a suitable shipping carton.
Drop the package off at the shipping carrier’s closest location.
We will receive and review the products you’ve returned. If the returned products have met all of our return policy requirements, we will process the refund and send you a confirmation email. We are only able to credit the original credit card used to make the purchase. Please allow up to 5 business days for this process.
If you have any questions or concerns about making a return, feel free to contact our Flowte support team at info@flowte.com
POS EQUIPMENT AGREEMENT
These terms apply to the purchase of Flowte POS hardware products. By placing an order for POS hardware, you accept and agree to the terms of this agreement.
AVAILABILITY
Every effort is made to maintain sufficient stock of all the products we offer. Potential inventory shortages at our distributor may impact our ability to fulfill an order. We reserve the right to cancel an order if we are, for any reason, unable to fulfill the order requirements. If we are unable to fulfill an order, we will notify you by email.
SHIPPING
Inventory shortages or other fulfilment issues may cause delays. Your order is shipped using a carrier that we have selected. Once you have completed your purchase on our online store, we will provide you with an estimated delivery date. Every effort is made to facilitate delivery of your order on time, and by the estimated delivery date. After your order is processed and fulfilled, we will send you an email containing the order tracking number. Once your order is fulfilled and placed in the hands of our selected shipping carrier, we cannot guarantee any delivery date indicated by the carrier.
RETURNS AND REFUNDS
At Flowte, we do everything we can to ensure you are happy with your purchase, but we know that sometimes a product is just not right. You may return your hardware kit within 30 days of shipment to you, as long as it is in new condition and has the original packaging. No returns are accepted over 30 days. We only accept returns of the hardware we sell directly to you. Gift cards are not eligible for return. Priority shipping charges selected at checkout are non-refundable. If we suspect you’re abusing the return policy (for example by returning products on multiple occasions or on a seasonal basis), we reserve the right to refuse your return.
END-USERS AND RESELLERS
Our hardware packages are designed with love and care specifically for Flowte merchants. We reserve the right to refuse selling and shipping any product to you if we have reason to believe you are not a Flowte customer. Likewise, customer support is only available to the original hardware purchaser.
WARRANTIES
We sell a combination of our own and third-party hardware to create a modern point-of-sale. The point of sale hardware comes with a 90-day warranty. This warranty covers defects in manufacturing discovered while using the product as recommended by the manufacturer. The warranty does not cover damage caused by misuse, abuse, unauthorised modification, improper storage conditions, lightning, or natural disasters. All third-party products resold by us are covered by their original manufacturers’ warranties. Please check with the manufacturer for further information.
LIMITATION OF LIABILITY
Flowte does not accept liability for the purchase, use or return of POS hardware or other products beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, loss of business or for lost or corrupted data or software, or the provision of services and support. Flowte will not be liable for any consequential, special, indirect or punitive damages, even if advised of the possibility of such damages or for any claim by any third party. You agree that for any liability related to the purchase of product, Flowte is not liable or responsible for any amount of damages above the amount invoiced for the applicable product. Some jurisdictions may not enforce all of these limitations, and only the limitations that are lawfully applied to you in your jurisdiction will apply.
Api Terms Of Use
Flowte.
Welcome to Flowte! We are an ecommerce and business management platform dedicated to providing the world with “One System for Everything” Through our platform, mobile apps and services, we enable people all over the world to run their lives and businesses more efficiently
2. OUR API TERMS OF USE.
2.1 Application.
The following policy (our “API Terms of Use”) sets forth the terms and conditions for using the Flowte APIs and Content available from the Flowte APIs in connection with Your Applications. By using the Flowte APIs, you agree to these API Terms of Use without modification and enter into a binding contract with Flowte, which will be applicable when and if you use the Flowte APIs.
2.2 Incorporation by Reference.
These API Terms of Use and the rights and obligations contained in these API Terms of Use are in addition to and are incorporated into the Terms of Service Agreement For All Flowte Users (“Terms of Service”), by reference. Nothing in these API Terms of Use shall be deemed to modify, waive, amend or rescind any other term of the Terms of Service.
2.3 Modifications.
Flowte reserves the right to modify or replace any terms or conditions of these API Terms of Use in accordance all other Terms of Service.
3. BASIC RULES GOVERNING USE OF THE FLOWTE APIS
3.1 Ownership.
The Site Content transmitted in connection with the Flowte APIs belongs to Flowte, its customers and/or is licenced to Flowte by third parties. Please keep this in mind as you plan Your Application. Don’t do anything that would undermine the Site Content.
3.2 Storage.
As a general matter, you may store Site Content relating to future events, but you may not store any Site Content relating to events that have occurred in the past. The only exception to storing Site Content relating to past events is if a User has given you explicit permission to use and store Site Content relating to that User’s past events. This means that without explicit User permission you cannot store venue data, ticket data or other Site Content related to that User’s past events or any other past events.
3.3 Must Have Information.
If you display or make available any Site Content regarding an event listing through Your Application, Your Application must display the event title and display a direct link to the Flowte webpage associated with that event on the Services. The link may not include a “nofollow” attribute and must be crawlable by search engines.
3.4 Branding.
You must use your own name, company name, logos, trademarks or app names in connection with Your Applications and not the company name, logos, trademarks or app names of Flowte. You have no right or licence to use the Flowte Trademarks (as defined in the Terms of Service) in connection with Your Applications or otherwise without Flowte’s prior written consent. In any event, Your Applications must be built in a way that makes clear to Users that they are not owned, developed or controlled by Flowte. If you have questions about this, please email us at info@flowte.com .
3.5 Responsibility.
You are solely responsible for Your Application and any use of Your Application by Users. Among other things, this means that you are responsible for maintaining your own user agreement and privacy policy for users of Your Application and complying with those policies. Your user agreement must permit you and the users of Your Application to comply with the Terms of Service, including without limitation, these API Terms of Use and Flowte’s Privacy Policy. Your privacy policy must be at least as protective of Personal Data as Flowte’s Privacy Policy. In general, we expect you to be thoughtful and considerate and not abuse our Users’ data.
4. LICENCE AND RESTRICTIONS.
4.1 Licence.
Subject to the terms and conditions hereof, Flowte grants to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable (in accordance with Section 4.2 below), limited right to access and use the Flowte APIs to develop, test and support Your Application and to distribute or allow access to your integration of the Flowte APIs within Your Application to end users of Your Application, in each case, (a) in compliance with the Terms of Service, including without limitation, these API Terms of Use, and (b) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations. You have no right to distribute or allow access to the stand-alone Flowte APIs. All rights not expressly granted to you are reserved by Flowte.
4.2 Termination of Licence.
You may terminate the licence and your access to and use of the Flowte APIs by discontinuing use of all of the Flowte APIs and closing your API developer account. Flowte may terminate your access to and use of the Flowte APIs at any time, with or without notice, (a) for your violation or breach of the Terms of Service, including without limitation, these API Terms of Use; (b) for your misuse or abuse of the Flowte APIs; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Flowte to legal liability.
4.3 Rate Limit.
There is a rate limit and a restriction to the data fields displayed per application or service utilising the Flowte APIs and you agree that you shall comply with that rate limit and restriction to the data fields at all times. The rate limit is 10 calls per hour on each OAuth token. These rate limits and restrictions are subject to change from time to time at Flowte’s discretion, effective immediately upon posting. Your use of any methods intended to subvert rate limiting or data field restriction is a violation of these API Terms of Use. If you need more calls or a higher limit, simply email us at info@Flowte.com and provide an explanation and we will determine whether to increase your rate limit.
4.4 Restrictions.
Notwithstanding the licence granted under Section 4.1, you hereby agree that you shall not:
(a) use the Flowte APIs to support Your Application if any Content in Your Application would violate any of Flowte’s Terms of Service
(b) use the Flowte APIs in any manner or for any purpose that violates any law or regulation (including without limitation any laws or regulations regarding the sale or resale of tickets, whether in regard to licensure requirements, maximums or limits on ticket prices, or otherwise) or any right of any person (including but not limited to intellectual property rights, rights of privacy, or rights of personality), or in any manner inconsistent with the Terms of Service, including without limitation, the Privacy Policy and these API Terms of Use;
(c) use the Flowte APIs to operate any mission critical application where human life or property may be at stake;
(d) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of all or any part of the Flowte APIs (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation);
(e) rent, lease, resell, distribute, use the Flowte APIs or Site Content on a stand-alone basis or for timesharing, service bureau or other commercial purposes for direct commercial or monetary gain (as opposed to indirect commercial or monetary gain associated with supporting Your Application);
(f) remove or alter any proprietary notices or labels on or in the Flowte APIs or Site Content;
(g) engage in any activity that interferes with or disrupts the Services;
(h) use the Flowte APIs in a manner that fails to comply or is inconsistent with any part of the Flowte API documentation
(i) use the Flowte APIs in, or to develop, a product or service that competes with products or services offered by Flowte.
4.5 Security.
(a) Overview.
Flowte takes the security and privacy of its Users seriously. Therefore, we have adopted certain minimum requirements that Your Applications must meet from a security and privacy perspective that are described in greater detail below.
(b) Securing User Consent.
You shall secure, and are solely responsible for securing, clear, express consent from each Flowte user whose Content you access via the Flowte APIs that grants you permission, to the extent applicable, (i) to access such user’s Flowte account(s), (ii) to retrieve, store and use Content from such account(s), and (iii) to write information to such account(s). Your notice seeking such consent shall be specific as to each purpose for which you will access, retrieve, store, use and write each type of Content. You will strictly comply with the scope of express consent granted you at all times with respect to Content obtained from such account(s).
(c) Contact and Cooperation.
You must be reasonably available for security questions or concerns. You can change this name or contact by signing up for a new application key, and providing the correct contact information and using the new application key in lieu of your existing key. If we cannot contact you or we believe that the circumstances require immediate action on our part, we may suspend your access to the Flowte APIs during the period of a security issue.
(d) Virus Precautions.
You agree that Your Application and any related documents and other materials that you provide to Flowte will first be checked by you with Internet industry standard up-to-date antivirus and anti-worm software prior to being introduced to the Flowte Services and that you will not knowingly introduce any virus, worm or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services.
(e) Industry Standards.
You warrant that your networks, operating system and software of web server(s), routers, databases, and computer systems (collectively, the “Systems”) are properly configured to securely operate Your Application and store Content. Your Application must use reasonable security measures to protect the private information of your users. You must not architect or select Systems in a manner to avoid the foregoing obligations.
(f) Reporting.
You must promptly report any security deficiencies in or intrusions to the Systems that impact or compromise our Site, Site Content, Services, or Flowte APIs to Flowte in writing via email to info@flowte.com . In the event of any such security deficiency or intrusion, you will collaborate with us to make any statements (i.e. press, blogs, bulletin boards, etc.) regarding such instance.
(i) Security Reviews.
Flowte will have the right, at its own expense, to inspect and review documentation related to Your Application, Your Systems and your compliance with this Section 4.6. Any such review will be conducted during regular business hours in such a manner as not to interfere with normal business activities. You will (at your own expense) promptly correct any security flaws determined to exist by Flowte based on such inspection and review. You will then promptly certify to Flowte in writing that the security flaw has been corrected, along with a description of the corrective action(s) taken. If a review reveals a material breach of any of these security provisions, you will reimburse Flowte for the reasonable costs of the review.
5. OWNERSHIP AND RELATIONSHIP OF PARTNERS.
5.1 Site Content.
As between you and Flowte, Flowte owns all rights, title, and interest (including without limitation all intellectual property rights) in and to the (i) Flowte APIs, and all executables of the APIs; (ii) the Site Content; and (iii) the Services (collectively, the “Flowte Materials”). Except for the express licences granted in these API Terms of Use, Flowte does not grant you any right, title or interest in the Flowte Materials. You agree to take such actions as Flowte may reasonably request to effect, perfect or confirm Flowte’s rights to the Flowte Materials. Any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Flowte by you (collectively “Feedback”); and all improvements, updates, modifications or enhancements, whether made, created or developed by Flowte or otherwise relating to Feedback (collectively, “Revisions”) are subject to our Terms of Service
5.2. Your Content and Your Application.
You represent and warrant to Flowte that the use by Flowte and its Users of your company, organisation, or product name and/or logo (“Your Content”) and Your Application will not violate the rights of any third party (e.g., any intellectual property or other proprietary right), or any applicable law. You hereby grant to Flowte a paid-up, royalty-free, nonexclusive, worldwide, irrevocable, sublicensable right and licence, under all of your intellectual property rights, to copy, use, perform, and display Your Application and its content for purposes of marketing, demonstrating, and making Your Application available to Users. You may not issue any public announcement regarding your use of the Flowte APIs that suggests partnership with Flowte without Flowte’s prior review and written approval, at Flowte’s discretion. Following the termination of the licence granted to you in Section 4 and upon written request from you, Flowte shall use reasonable efforts, as determined in its discretion, to remove all references and links to Your Application from the Services.
6. DISCLAIMER.
Content that you obtain from the Services through Your Application is largely Content provided by third parties (e.g., Flowte Organisers). As such, Flowte makes no representation or warranty as to the accuracy, authenticity, completeness or legality of Content obtained from the Flowte APIs, all of which you use at your own risk. All such Content obtained from the Flowte APIs and the Flowte APIs themselves is subject to our Disclaimer of Warranties contained in the Terms of Service.
7. NO EXCLUSIVITY.
You acknowledge and agree that these API Terms of Use and the licence and other rights granted herein do not create an exclusive relationship between you and Flowte. Flowte may, or may engage or permit others to, develop applications that are the same or similar to Your Application for any purpose, including without limitation any commercial purpose.
8. SUPPORT.
Flowte reserves the right to change, suspend, or discontinue any aspect of the Flowte APIs at any time, including the availability of any Flowte APIs.
9. FEES AND PAYMENTS.
Flowte reserves the right to charge fees for future use of or access to the Flowte Materials in Flowte’s discretion. If Flowte decides to charge for any Flowte Materials, you do not have any obligation to continue to use such Flowte Materials.
10. CONFIDENTIALITY.
“Flowte Confidential Information” means all non-public Flowte information relating to the Flowte APIs, and any other information designated in writing by Flowte as “Confidential” or an equivalent designation. Without granting any right or licence, Flowte agrees that Flowte Confidential Information does not include information that (i) is or becomes (through no improper action or inaction by you) generally available to the public, or (ii) was in your possession or known by you without restriction prior to receipt from Flowte, or (iii) was rightfully disclosed to you by a third party without restriction, or (iv) was independently developed by you without use of any Flowte Confidential Information. In addition, you shall not disclose Flowte Confidential Information to any third party without Flowte’s prior written consent, except in instances that you reasonably determine that you are required by a Legal Requirement, provided you use reasonable efforts to limit disclosure and to obtain confidential treatment or a protective order and allow Flowte to participate in the proceeding (to the extent permitted by the Legal Requirement). For purposes of this Agreement, “Legal Requirement” means any law, rule, regulation, order, subpoena, interrogatory, discovery request, or other legal requirement of a governmental authority. You shall not disclose your developer passwords or other credentials to any third party, and you shall not use Flowte Confidential Information except for the express purpose for which it was disclosed.
Anti Bribery, Corruption & Anti Modern Slavery Policy
CONTENTS
1. Policy statement............................................................................................................ 1
2. Who must comply with this policy? .............................................................................. 2
3. What are the Anti-Slavery Principles?........................................................................... 2
4. Commitments................................................................................................................ 2
5. How to raise a concern.................................................................................................. 3
6. Protection...................................................................................................................... 3
7. Training and communication......................................................................................... 3
8. Who is responsible for the policy? ................................................................................ 3
9. Monitoring and review.................................................................................................. 4
1. POLICY STATEMENT
1.1 It is our policy to conduct all of our business in an honest and ethical manner. This
policy describes the workplace practices and ethical behaviour we require for all
workers.
We will uphold all laws relevant to Anti-Slavery and will advance this through our
company policies including Human Rights, Equal Opportunities, Health & Safety,
Anti-corruption, Anti-bulling & Harassment and Whistleblowing policy.
1.2 The purpose of this policy is to:
(a) set out our responsibilities, and of those working for us, in observing and
upholding our position on Anti-Slavery; and
(b) provide information and guidance to those working for us on how to
recognise and deal with Anti-Slavery issues.
1.3 In this policy, third party means any individual or organisation you come into
contact with during the course of your work for us, and includes actual and potential
clients, customers, suppliers, distributors, business contacts, agents, advisers, and
government and public bodies, including their advisors, representatives and officials,
politicians and political parties.
2. WHO MUST COMPLY WITH THIS POLICY?
This policy applies to all persons working for us (or any Group Company) or on our
behalf in any capacity, including employees at all levels, directors, officers, agency
workers, seconded workers, volunteers, interns, agents, contractors, external
consultants, third-party representatives and business partners, sponsors, or any
other person associated with us, wherever located (collectively referred to as
workers in this policy).
3. WHAT ARE THE ANTI-SLAVERY PRINCIPLES?
3.1 Full details of the principles set out within the Modern Slavery Act 2015 can be
found at www.legislation.gov.uk.
3.2 Modern Slavery is a term used to encompass servitude forced and compulsory
labour, bonded and child labour and human trafficking. Human trafficking is where a
person arranges or facilitates the travel of another person with a view to that person
being exploited. Modern slavery is a crime and a violation of fundamental human
rights.
4. COMMITMENTS
We shall be a company that expects everyone working with us or on our behalf to
support and uphold the following measures to safeguard against modern slavery:
• We have a zero-tolerance approach to modern slavery in our organisation and our
supply chains.
• The prevention, detection and reporting of modern slavery in any part of our
organisation or supply chain is the responsibility of all those working for us or on our
behalf. Workers must not engage in, facilitate or fail to report any activity that might
lead to, or suggest, a breach of this policy.
• We are committed to engaging with our stakeholders and suppliers to address the
risk of modern slavery in our operations and supply chain.
• We take a risk-based approach to our contracting processes and keep them under
review. We assess whether the circumstances warrant the inclusion of specific
prohibitions against the use of modern slavery and trafficked labour in our contracts
with third parties.
• As part of our ongoing risk assessment and due diligence processes we will consider
whether circumstances warrant us carrying out audits of suppliers for their
compliance with our Code of Conduct.
• If we find that other individuals or organisations working on our behalf have
breached this policy, we will ensure that we take appropriate action. This may range
from considering the possibility of breaches being remediated and whether that
might represent the best outcome for those individuals impacted by the breach to
terminating such relationships
5. HOW TO RAISE A CONCERN
5.1 You are encouraged to raise concerns about any issue relating to Anti-Slavery at the
earliest possible stage to the HR Manager.
5.2 If you are unsure about whether a particular issue breaches the Anti-Slavery Policy,
raise it with the manager or the HR Manager.
6. PROTECTION
6.1 We are committed to ensuring no one suffers any detrimental treatment as a result
of complying with this policy, or because of reporting in good faith their suspicion
that failure to comply with this policy has occurred or will occur in the future.
Detrimental treatment includes dismissal, disciplinary action, threats or other
unfavourable treatment connected with raising a concern. If you believe that you
have suffered any such treatment, you should inform the HR manager immediately.
If the matter is not remedied, and you are an employee, you should raise it formally
using our Grievance Procedure.
7. TRAINING AND COMMUNICATION
7.1 Training on this policy forms part of the induction process for all new workers. All
existing workers will receive regular, relevant training on how to implement and
adhere to this policy.
8. WHO IS RESPONSIBLE FOR THE POLICY?
8.1 The board of directors has overall responsibility for ensuring this policy complies
with our legal and ethical obligations, and that all those under our control comply
with it.
8.2 Management at all levels are responsible for ensuring those reporting to them are
made aware of and understand this policy and are given adequate and regular
training on it.
9. MONITORING AND REVIEW
9.1 The HR manager will monitor the effectiveness and review the implementation of
this policy, regularly considering its suitability, adequacy and effectiveness. Any
improvements identified will be made as soon as possible.
9.2 All workers expected to comply with this policy, and submit their questions or
concerns to their manager or the HR Manager.
9.3 Workers are invited to comment on this policy and suggest ways in which it might be
improved. Comments, suggestions and queries should be addressed to the HR
manager.
BUSINESS CONTINUITY PLAN
TicketLord Limited T/A Flowte
308 Q House
Furze Road
Sandyford Buiness Estate
Dublin 18
Ireland
VERSION 3.1.2
03/02/2020
BUSINESS CONTINUITY PLAN
VERSION HISTORY | ||||
| VERSION | APPROVED BY | REVISION DATE | DESCRIPTION OF CHANGE | AUTHOR |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| PREPARED BY | | TITLE | | DATE | |
| APPROVED BY | | TITLE | | DATE | |
TABLE OF CONTENTS
1. BUSINESS FUNCTION RECOVERY PRIORITIES
2. RELOCATION STRATEGY
3. ALTERNATE BUSINESS SITE
4. RECOVERY PLAN
5. RECOVERY PHASES
A. DISASTER OCCURRENCE
B. PLAN ACTIVATION
C. ALTERNATE SITE OPERATION
D. TRANSITION TO PRIMARY SITE
6. RECORDS BACKUP
7. RESTORATION PLAN
8. RECOVERY TEAMS
A. TEAM ROLES
B. TEAM CONTACTS
C. TEAM RESPONSIBILITIES
D. DEPARTMENTAL RECOVERY TEAMS
9. RECOVERY PROCEDURES
A. POTENTIAL RECOVERY PROCEDURE
10. APPENDICES
A. Employee Contact List
B. Recovery Priorities
C. Alternate Site Resources
D. Emergency Operations Center (EOC) Locations
E. Vital Records
F. Vendor Lists
G. IT System Reports and Resources
H. Alternate Site Transportation Information
I. Impact and Risk Assessments
J. Business Impact Analysis
K. Recovery Task Lists
L. Office Recovery Plan
1. BUSINESS FUNCTION RECOVERY PRIORITIES
Disaster recovery teams use this strategy to recover essential business operations at an alternate location site. The information system and IT teams restore IT functions based on critical business functions.
2. RELOCATION STRATEGY
3. ALTERNATE BUSINESS SITE
An organization uses the alternate business site and relocation strategy in the event of a disaster or disruption that inhibits the continuation of the business processes at the original business site. This strategy should include both short-term and long-term relocation sites in the case of both types of disruptions.
4. RECOVERY PLAN
5. RECOVERY PHASES
These are the activities most needed for the business to continue, and the recovery plan should target these essential business functions. The recovery plan should proceed as follows:
A. DISASTER OCCURRENCE
The company declares a disaster and makes the decision to activate the rest of the recovery plan. |
B. PLAN ACTIVATION
During this phase, the company puts the business continuity plan into effect. This phase continues until the company secures the alternate business site and relocates the business operations. |
C. ALTERNATE SITE OPERATION
This phase continues until the business can restore the primary facility. |
D. TRANSITION TO PRIMARY SITE
This phase continues until the company can appropriately move business operations back to the original business site. |
6. RECORDS BACKUP
7. RESTORATION PLAN
Disaster recovery/It teams maintain, control, and periodically check on all the records that are vital to the continuation of business operations and that would be affected by facility disruptions or disasters. The teams periodically back up and store the most critical files at an offsite location.
8. RECOVERY TEAMS
The company establishes recovery teams and divides the participants into appropriate groups based on job role and title. The organization designates a team leader for each team. It assigns a specific role or duty to each remaining member of the team.
A. TEAM ROLES
Team Leader, Backup Team Leader, Team Member |
B. TEAM CONTACTS
Stored in the Contact List Appendix |
C. TEAM RESPONSIBILITIES
Incident Commander, HR/PR Officer, Information Technology, Finance/Admin, Legal/Contacts |
D. DEPARTMENTAL RECOVERY TEAMS
Business Continuity Coordinator, EOC Communications Team, EOC Human Resources Team, EOC Administration Team, Emergency Response Team, Information Technology Recovery Team |
9. RECOVERY PROCEDURES
The company details the specific activities or tasks needed to recover normal and critical business operations. It describes each strategy by enumerating the specific set of activities and tasks needed to recover appropriately.
A. POTENTIAL RECOVERY PROCEDURE
i. Disaster Occurrence
ii. Notification of Management
iii. Preliminary Damage Assessment
iv. Declaration of Disaster
v. Plan Activation
vi. Relocation to Alternate Site
vii. Implementation of Temporary Procedure
viii. Establishment of Communication
ix. Restoration of Data Process and Communication with Backup Location
x. Commencement of Alternate Site Operations
xi. Management of Work
xii. Transition Back to Primary Operations
xiii. Cessation of Alternate Site Procedures
xiv. Relocation of Resources Back to Primary Site
10. APPENDICES
This section lists all the appendices needed to carry out a BCP. These appendices include the following:
A. EMPLOYEE CONTACT LIST
B. RECOVERY PRIORITIES
C. ALTERNATE SITE RESOURCES
D. EMERGENCY OPERATIONS CENTER (EOC) LOCATIONS
E. VITAL RECORDS
F. VENDOR LISTS
G. IT SYSTEM REPORTS AND RESOURCES
H. ALTERNATE SITE TRANSPORTATION INFORMATION
I. IMPACT AND RISK ASSESSMENTS
J. BUSINESS IMPACT ANALYSIS
K. RECOVERY TASK LISTS
L. OFFICE RECOVERY PLAN
Insurance Schedules And Policies
Flowte currently holds the following insurance policies detailed below. A copy of the insurance certificate can be viewed by clicking on the attachments section at the bottom of this page.
Ticket Lord Ltd t.as Flowte
Q-House, Furze Road, Sandyford Industrial Estate, D. 18
Q-House, Furze Road, Sandyford Industrial Estate, D. 18
Technology Company
SAAS ticketing and CRM platform.
Policy Number: ESH001174116
SAAS ticketing and CRM platform.
Policy Number: ESH001174116
PROFESSIONAL INDEMNITY INSURANCE SECTION
CFC Underwriting Limited
€10,000,000 limit of indemnity. Worldwide.
€10,000,000 limit of indemnity. Worldwide.
CYBER & DATA INSURANCE SECTION
CFC Underwriting Limited
€1,000,000 limit of indemnity. Worldwide.
€1,000,000 limit of indemnity. Worldwide.
COMBINED LIABILITY INSURANCE SECTION
CFC Underwriting Limited
Public Liability
€10,000,000 limit of indemnity. Worldwide.
Employers Liability
€13,000,000 limit of indemnity. Worldwide.
Flowte Service Offering, Markets & Availability
Flowte provides an online platform for sports, live entertainment, retail and reservation based organisations. Flowte Sport is a platform for ticketing, marketing, crm, access control, reporting, business intelligence, e-commerce, retail and payment processing.
Flowte Markets Served
Flowte was founded In 2002 and has continued to expand internationally over the last 18 years. Flowte is a truly global player in the ticketing industry, currently operating in 14 countries across six continents, with the platform available in 28 languages. Flowte currently maintains staff in Ireland, UK, Spain, USA, Ukraine, Argentina, Canada, Morocco & Ecuador
FLOWTE AVAILABILITY & ACCESS
The Flowte platform is web-based and can be accessed by any device with internet access (pc, tablet, smart phone, etc.). The Flowte application can be accessed from anywhere in the world without restriction. Flowte clients can manage multiple organisations, venues, locations, events and customers all under one central login. This type of service delivery is often referred to as "SaaS" or ‘Software as a Service’. There are many benefits to SAAS services. these include:
Reduced time to benefit. Different from the traditional model, in SaaS the software (application) is already installed and configured. ...
Lower costs
Scalability and integration.
New releases (upgrades)
Easy to use and perform proof of concepts.
Flowte Technology
The web application is using vanilla PHP as back-end programing language and
HTML/CSS/JQuery/Javascript as front-end languages.
As a DB Flowte is using relational MySQL database. The web application is hosted on Amazon Web Service (AWS). In AWS we are using load balancing and auto
scaling to keep the web application uptime high. The end users (shoppers) are logging in using AWS Cognito.
For development management the Flowte team uses Jira and Bitbucket as version control and product build/deployment tool.
Flowte also has a separate API for clients for getting information about transactions for certain period. This API is built in AWS Lambda and is using AWS API Gateway.
Support Channels & Processes
Available: 24 Hours / 365 days per year
Real time in app live chat (located in bottom left corner of the Flowte Application for logged in users)
Phone Support (Tel: Europe Clients+353 (0)1 6917221 Rest of World Clients: Tel: +1 (0)30 2865 7022
Email Support (help@flowte.com)
Support Case System (located in bottom left corner of the Flowte Application for logged in users)
AI Powered in app knowledge base (located in bottom left corner of the Flowte Application for logged in users)
Full detailed documentation available at https://help.flowte.com/portal/en/kb/flowte
Flowte provides 24/hour 365 day per year (for business critical issues) and full standard support during regular business hours Monday through Friday for all non critical issues. Flowte supports customers in the following geographic markets including but not limited to:
Ireland
UK
United States
Canada
Spain
Belgium
France
Germany
Qatar
Oman
Abu Dhabi
Africa
Dubai
Malaysia
Australia
Bahrain
Australia
New Zealand
To manage this number of regions requires a diverse support team speaking many different languages and supporting more than 15 different time zones. As a result the Flowte Product is available, translated and supported to many languages
Flowte is available in 28 languages. Here is the list of languages. Users can choose to add new additional languages should they wish from from the languages app:
Arabic
English (US)
English (UK)
Bulgarian
Bahasa Indonesian
Chinese (Simplified)
Chinese (Traditional)
Croatia (Hrvatski)
Czech
Dutch (Nederland)
Danish
French
German (Deutsch)
Hungarian (Magyar)
Hindi
Italiano (Italy)
Japanese
Polish (Polish)
Portuguese (Brazil)
Portuguese (Portugal)
Russian (UK)
Spanish (Espanol)
Spanish (Catalan)
Swedish(Svenska)
Thai
Turkish
Vietnamese
Korean
Hebrew
EXCELLENT SUPPORT ARRANGEMENTS
In addition to the live support provided, Flowte also provides additional support resources to our clients. The system reference manual for Flowte is built into the system and accessible when a user is logged into the Software. The reference items are exhaustive and cover all aspects of the system. These reference items are also contact sensitive and if a user is creating a price structure and needs to reference the help material, clicking on the help button will bring up instructions covering the building of a price structure. These tutorials are very graphical and designed to be viewed in a web browser, and many of them are interactive depending on the user’s browser type, or other factors that affect one’s use of the system.
In addition to the online tutorials that reside within the system, Flowte provides an interactive customer center complete with a searchable knowledge base, which contains over 18 years’ worth of support questions and answers on any imaginable topic that our clients have asked us over those years. The customer center also offers the client the option to contact Flowte with questions, concerns, or help that is needed, and also the ability for clients to monitor the progress of any outstanding question, and track any and all open support tickets that have been submitted to Flowte customer support. All of these support and documentation abilities are included in our bid to HRI , and there is no additional cost ever incurred with regard to the use of the FLOWTE customer support team.
SERVICE LEVEL AGREEMENT
As a solution hosted by Flowte, all system issues are tracked, and our clients will be made aware of any issue that may prevent normal operation of the FLOWTE system. Our solution however has greater than 99.99% uptime, and we would encourage you to speak with our professional references regarding their experience with FLOWTE and any issues they may have encountered.
Flowte guarantees a 24 hour response time to any client support request or inquiry, but given the support resources available, the quality of our technical support personnel, and our commitment to client service, the average response time to a support request submitted online is roughly 30 minutes. Support requests can also be handled on an immediate basis by utilizing the available phone support resources at no cost.
I encourage you to speak with the references provided about our client service and support, as I know that this is a unique differentiating factor for our company, in addition to the functional operation of the software itself.
ESCALATION PROCEDURES
This document outlines Flowte’s escalation procedure for a customer
Your Flowte Account Manager is the appropriate individual to receive notifications of customer issues and may be contacted by raising a call to our support centre on the number provided as part of you support contract.
Interaction with your Flowte Account Manager is the correct way to raise a support call and the preferred way for a customer to initiate the escalation process.
Your Flowte Account Manager is responsible for and has access to all resources available in providing a resolution to a customer problem. A resolution in these circumstances may be a temporary one that gets the customer going again as soon as possible while a more permanent solution is identified.
If for any reason, a customer feels that the problem is not being given the appropriate attention or priority, the following escalation procedures should be followed.
Guidelines for an Escalation Issue
Your Flowte Account Manager should be the first individual to receive all customer concerns and issues. They will review the scenario and will either provide information about the customers' concern or transfer the problem to the correct internal department. If after speaking with the Account Manager about a problem or concern, a customer does not feel that they have been given the urgency or priority deserved, the escalation process goes into effect.
Below are the steps a customer should follow to escalate an issue.
Escalation
Whether or not, the problem to be raised is to be escalated, it is important that all information requested by your Account Manager be provided for their examination and that all (reasonable) actions they have requested be undertaken.
Your problem should be of Severity Level I or II and should have been raised for longer than prescribed for that severity level (see below). You will be dissatisfied that progress is actually being made.
To formally escalate the problem, the customer should call the support number and specify the message FLOWTE Escalation, the customer name and a contact number for your call to be returned.
Severity Definitions
Severity Level I - Critical Business Impact
The customer, regardless of the environment or product usage, has complete loss of service or resources for which no work around exists and customer's work cannot reasonably continue. An example of a Severity I issue is the inability of the customer to sell tickets using Flowte.
Severity Level II - Serious Business Impact
The customer, regardless of the environment or product usage, is experiencing significant or degraded loss of service from the application as a result of actions performed by RSF-1. An example of a Severity II issue would be a major product flaw with a work around. The application may be running, but the service may be intermittent
Severity Level III - Minor Business Impact
The customer, regardless of the environment or product usage, has experienced a minor loss of service. A minor product flaw with a work around represents this type of issue.
Severity Level IV - No Business Impact
The customer’s service or software is in full working mode; customer's work is not being impeded at this time. This can be represented as a minor irritant or frustration using specific features of the software or as a result of misunderstanding or inadequate training.
Severity Level V - Enhancement Request
The customer is making enhancement requests/recommendations for consideration in future product releases.
Organisation Profile
Flowte is subsidiary of Flowte Inc.. Flowte Inc. is a private investment firm that partners with exceptional entrepreneurs operating at the intersection of sports, technology, and entertainment. A proud family of diverse, global brands and sports properties that lead the industry. Our global portfolio has grown to include premier sports franchises, brands, venues and investment platforms, centered around marquee assets in the sports industry
The sports industry is transforming, and our specialized industry knowledge, experience, and relationships that can be difference-making. We offer a unique blend of capabilities to help entrepreneurs and owners quickly capitalize on the disruptive forces reshaping the landscape. Our operating principles and structure are proven to accelerate growth against a backdrop of evolution.
(34 total team members)
Numbers employed by department:
Support & Relationship Management | 14
Development & Engineering: | 8
Sales & Business Development: | 4
Finance and Accounting: | 4
Marketing: | 4
Flowte Organisation Structure Chart:
Flowte Management Team can be viewed here https://flowtesport.com/#team
Flowte Performance Metrics
Lifetime Sales: €100,000,000+
Lifetime Sales: €100,000,000+
Tickets sold: 30M
Annual revenues: €30m+
Years’ Experience: 18 +
Countries Operating 16 +
languages available 25+
Tickets scanned: 10M+
Years’ Experience: 18 +
Countries Operating 16 +
languages available 25+
Tickets scanned: 10M+
System Uptime Gurantee: 99.999%
FLOWTE PEAK TIME AUTO SCALING
How it works
Whether you are running one Amazon EC2 instance or thousands, Flowte uses Amazon EC2 Auto Scaling to detect impaired Amazon EC2 instances and unhealthy applications, and replace the instances without your intervention. This ensures that your application is getting the compute capacity that you expect. Amazon EC2 Auto Scaling will perform three main functions to automate fleet management for EC2 instances:
Monitor the health of running instances
Amazon EC2 Auto Scaling ensures that your application is able to receive traffic and that EC2 instances are working properly. Amazon EC2 Auto Scaling periodically performs health checks to identify any instances that are unhealthy.
Replace impaired instances automatically
When an impaired instance fails a health check, Amazon EC2 Auto Scaling automatically terminates it and replaces it with a new one. That means that you don’t need to respond manually when an instance needs replacing.
Balance capacity across Availability Zones
Amazon EC2 Auto Scaling can automatically balance instances across zones, and always launches new instances so that they are balanced between zones as evenly as possible across your entire fleet.
Automating Management of EC2 Instances
Scheduled Scaling
Scaling based on a schedule allows you to scale your application ahead of known load changes. For example, every week the traffic to your web application starts to increase on Wednesday, remains high on Thursday, and starts to decrease on Friday. You can plan your scaling activities based on the known traffic patterns of your web application.
Print
Dynamic Scaling
Amazon EC2 Auto Scaling enables you to follow the demand curve for your applications closely, reducing the need to manually provision Amazon EC2 capacity in advance. For example, you can use target tracking scaling policies to select a load metric for your application, such as CPU utilization. Or, you could set a target value using the new “Request Count Per Target” metric from Application Load Balancer, a load balancing option for the Elastic Load Balancing service. Amazon EC2 Auto Scaling will then automatically adjust the number of EC2 instances as needed to maintain your target.
Auto Scaling Prime Time: Target Tracking
Predictive Scaling
Predictive Scaling, a feature of AWS Auto Scaling uses machine learning to schedule the right number of EC2 instances in anticipation of approaching traffic changes. Predictive Scaling predicts future traffic, including regularly-occurring spikes, and provisions the right number of EC2 instances in advance. Predictive Scaling’s machine learning algorithms detect changes in daily and weekly patterns, automatically adjusting their forecasts. This removes the need for manual adjustment of Auto Scaling parameters as cyclicality changes over time, making Auto Scaling simpler to configure. Auto Scaling enhanced with Predictive Scaling delivers faster, simpler, and more accurate capacity provisioning resulting in lower cost and more responsive applications.
Responsive Design & Ease Of Use
Complete mobile ticketing solutions from mobile ticket delivery to scanners, box office platforms, and analytics apps for iOS and Android. Mobile ticketing is more than delivering a ticket to a customer via text message. The portability and power of smartphones and tablets have nearly limitless possibilities. That’s why we’re tapping into that technology and more to build amazing experiences for attendees and better business for event organizations like yours. We built a ticketing app that powers your scanners. We prioritized making the mobile ticketing experience better for customers who want to buy tickets on their phones. We created an RFID admissions solution for massive events that helped them welcome guests and understand their capacity in real time. Then we improved it by adding check-ins for convention vendors and social media-ready photo stations for attendees.
Flowte uses responsive event pages. For your customers’ convenience, we offer varieties of printed tickets, as well as mobile ticket delivery that delivers a ticket link directly to their smartphones.Flowte builds gorgeous event pages built with responsive design can dynamically adjust to provide the same great buying experience on any computer, tablet or phone. For your customers’ convenience, we offer varieties of printed tickets, as well as mobile ticket delivery that delivers a ticket link directly to their smartphones.
Ease Of Use
The singular most important factor in software adoption is ease of use. In order for any new technology to succeed, people need to form a habit and make a change in their current behaviour—and changing human behaviour doesn’t happen on its own. This requires each and every piece of software in your tech stack to be intuitive in design and purposeful with its mission. When it comes to buying said software, you’ll be hard pressed to find any vendor that won’t tell you their product is easy to use. We hear it so often it’s become marketing hyperbole. But do we really know what “ease of use” means? Let’s start from the top.
What Is Ease of Use?
If you actually explore this term, you’ll probably find that there’s much more that comes into play than just usability.
Yes, a big component is the amount of effort required to use a tool, but it’s also about how easy it is to incorporate that tool into a daily workflow, how seamlessly it fits in with the other tools in your tech stack, and perhaps most importantly, the ease of doing business with the company providing that tool.
The International Organization for Standardization (ISO) publishes research and recommendations covering human interaction with computers and software. ISO standard 9241 provides a usability definition as:
“The extent to which a product can be used by specified users to achieve specified goals with effectiveness, efficiency, and satisfaction in a specified context of use.”
More simply, it boils down to how easy is it for your team to get the job done.
Factors That Determine Software Usability
When it comes to defining easy-to-use, it’s not a simple thing. Every person that will use software will come at it from a different knowledge base and comfort level. A lot of whether your employees will deem something is easy to use will depend on their skill level prior to using it.
Easy-to-use software, as it turns out, is in the minds of the user as well.
Whitney Quesenbery is an expert on usability design. She breaks down the components that make up ease-of-use by evaluating the five E’s (Effective, Efficient, Engaging, Error Tolerant, and Easy to Learn).
Efficient
How much time, clicks, or page views does it take to complete routine tasks?
Effective
How accurately tasks can be complete and how often errors are produced?
Engaging
Will users be satisfied or frustrated using the application?
Error Tolerant
What happens when users encounter problems, errors, or need help?
Easy to Learn
How will rookies and experts be able to efficiently navigate the software and perform the necessary tasks?
The Business Value of Prioritizing Functionality and UI/UX
Workplace productivity grows when your employees understand how to use your company software and tech to do their jobs. The inverse is true as well. Complex software, poorly designed software, and a lack of training and support can lead to frustrated employees.
What is UX design?
UX (User Experience) design focuses on the entire experience the user has with the software. It includes the way a product is designed for user experience, making for an efficient, effective, and enjoyable experience.
What is UI design?
UI (User Interface) design focuses on the look and feel of the software.
How do UX and UI work together?
UX design will decide the software needs a form or a button to complete a task. UI design will decide what it will look like and how it will fit into the overall design. Poor UX design or poor UI design can also lead to frustrations and hurt employee engagement and adoption.
Research And Development
For more than 15 years, Flowte has been stable and profitable. We save a great deal of money by politely declining to engage in marketing, using other people’s money (and that might be one reason why we’ve flown under the radar for so long). Rather, we believe that if you build products with real value, your customers take care of the sales and marketing for you. This is why we don’t push our salespeople to constantly upsell to you, and why we never advertise within products.
We hold fast to the idea that the sales and marketing budget of a tech company shouldn’t outpace its allocation for research and development. So we put 60% of our revenue back into R&D. Most cloud companies routinely spend close to that on sales and marketing. Which raises deeper questions: Are you a software company, or a marketing company that happens to sell software? Should we spend money marketing to you, or should we spend it on building products for you?
We also save by relentlessly in-sourcing. The Flowte team have deep knowledge about the ticketing domain that translated into ways we could optimize our products for better performance. It also allows us to control our own destiny. But because we know the value of a dollar, we don’t skimp on the cents that actually make it up. The depth and breadth of our product suite wouldn’t be possible if we did. We pride ourselves on creating great products that give customers unquestionable return.
Quality Control System
Basic Quality Elements
Organization - setting and assigning specific authority and responsibility for each phase of the system;
Quality Planning - writing work instructions with realistic "defect prevention" rules, looking at processes for possible quality trouble spots, setting acceptance/rejection standards, controlling accepted/rejected products, and setting up a means of using suppliers' and customers' failure information to improve product quality;
Product Specification Control - making sure everyone always has the latest technical data for properly producing, inspecting, and shipping the product;
Supplier Product Quality Control - watching purchases to make sure that the people you buy from know and observe your quality requirements as well as technical specifications;
Measurement and Test Equipment Control - setting up a system to insure that such equipment is properly and regularly calibrated to established standards;
Nonconforming Control - spotting defects as early in production as possible and keeping faulty items from reaching customers; and
Records and Reports - setting up a system that tracks all steps of the production, inspection, and shipping cycle to identity existing and potential problem areas.
The Flowte Manual
Introduction
This manual describes for our employees and customers our quality control system. The system applies both to the items and software we produce and to the items we buy from our suppliers.
As dictated by the complexity of product design, manufacturing techniques used, and customer requirements, more specific written procedures may be required to implement the policies set in this manual. No changes may be made to this manual or any supplementary quality control procedures unless approved by the plant manager or an authorized representative.
Table of Contents
Description Section
Scope 1.0
Responsibilities 2.0
Purchase Order Control 3.0
Drawing and Specification Change Control 4.0
Receiving Inspection 5.0
Raw Material Control 6.0
In Process Inspection 7.0
Assembly Inspection and Functional Testing 8.0
Final Inspection and Testing 9.0
Faulty (Discrepant) Material Control 10.0
Tool and Gage Control 11.0
Overrun Stock Control 12.0
Packing and Shipping 13.0
Identification 14.0
Appendix A Organization Chart
Appendix B Purchase Order Form
Appendix C Inspection Data Form
Appendix D Identification Tags
Appendix E Travel Card
1.0 Scope
1.1 The quality control system includes: receiving, identifying, stocking and issuing parts and material; all manufacturing processes; packing, storing; and shipping.
1.2 The system is designed to ensure customer satisfaction through quality control management of supplies made and services performed here, and by our suppliers at their facilities. It is designed to spot processing problems early so we can correct them before we've produced a lot of faulty items.
1.3 Written inspection and test procedures will be prepared to supplement drawings and other specifications, as necessary.
2.0 Responsibilities
2.1 The supervisor of quality assurance reports directly to the plant manager.
2.2 The quality assurance supervisor's responsibilities include:
2.2.1 Planning how to meet customer's quality requirements
2.2.2 Reviewing customer drawings and specifications.
2.2.3 Determining inspection points.
2.2.4 Writing inspection and test instructions.
2.2.5 Establishing (and making sure employees follow) the most effective and efficient quality assurance procedures possible.
2.2.6 Keeping adequate quality assurance records.
2.2.7 Reviewing quality assurance records and overseeing follow-up for correction and prevention of defects.
2.2.8 Assuring that our suppliers' quality control and follow-up are adequate.
2.2.9 Inspecting all special and standard gages, test equipment, and tooling used to manufacture products when we acquire them and calibrating them on a regularly scheduled basis.
2.2.10 Coordinating in-plant correction of items rejected by customers, explaining to customers what action will be taken, and evaluating the actions for effectiveness.
2.2.11 Making sure inspectors make unbiased decisions to accept or reject items.
3.0 Purchase Order Control
3.1 All of our purchase orders to suppliers must be approved by the plant manager or an authorized representative.
3.2 When the purchase order is released, our buyer will send our supplier all required drawings, specifications, and other customer requirements (such as material or process certifications, physical or chemical analysis, source inspections) with the purchase order.
3.3 If there is a drawing or specification change after our order is placed with the supplier, our buyer will send the supplier a purchase order change, including our latest Engineering change and the latest drawings or other specifications.
3.4 Copies of all purchase orders will be kept on file for our customers to review.
4.0 Drawing and Specification Change Control
4.1 We manufacture to customer drawings and specifications. Sets of these are filed in job number folders in Production Control files.
4.2 Production Control is responsible for charging out and keeping track of drawings and specifications.
4.3 The Sales Department receives Engineering changes from our customers and is responsible for sending these changes to Production Control immediately.
4.4 Production Control is responsible for issuing the latest Engineering changes, drawings, and specifications of departments that need them and for voiding outdated Engineering changes, drawings, and specifications.
4.5 A standard procedure will be set up to control changes by effective date or serial/lot number.
5.0 Receiving Inspection
5.1 All parts and materials will be received and logged in by the Receiving Department.
5.2 All parts and materials will be sent to Receiving Inspection after logging in.
5.3 Receiving Inspection will assure that proper certification, physical and chemical test data, special process certifications, or source inspection certifications are with the items to be inspected.
5.4 The receiving inspector must document the complete results of all inspection and tests.
5.5 Inspection will identify accepted lots and send them to stock.
5.6 Rejected lots will be identified and set aside in Receiving Inspection until the buyer and Production Control decide on disposition.
5.7 The Receiving Department will send a copy of each rejection report to the Purchasing Department and the supplier.
5.8 The Purchasing Department has the responsibility of assuring that a pattern of continually receiving faulty items from any supplier doesn't develop and assuring supplier corrective action.
5.9 The Quality Department will follow-up to see that a supplier who has sent us items we reject has effectively corrected what it has been doing wrong.
5.10 Receiving Inspection instructions will be written with consideration given to the complexity of the parts, material received, and customer requirements. Follow customer instructions (if any) for inspection.
5.11 Sample according to customer requirements (if any).
5.12 The Quality Department will review Receiving Inspection records periodically to see if any suppliers are consistently failing to meet standards.
5.13 All inspection records will show the number inspected, the number rejected, and the name of the inspector.
5.14 Inspection records will also show the disposition of supplier-provided records and data.
6.0 Raw Material Control
6.I Raw materials, bar stock, sheet stock, and castings will be marked so they can be traced to their certification, and stored in an area apart from the normal flow of in-process material.
6.2 Copies of all certifications will be filed in the job order number folder by job order number and available for customer review.
6.3 Only raw material accepted by Receiving Inspection will be released for production.
6.4 Certified stock will be issued from its storage area only for job order requirements.
6.5 Verification of suppliers' certifications will be ordered from independent testing laboratories when deemed necessary by the Quality Department or to meet our customers' requirements.
6.6 All certifications will be traceable to purchase order, date of receipt of the material, and the inspector of the material.
7.0 In Process Inspection
7.1 The Quality Department will make first piece inspection after set up is completed and approved by Production.
7.2 No production runs will be made until first piece inspection is accepted.
7.3 After first piece inspection acceptance, in-process inspections will be made by the Quality Department at intervals adequate for early detection of processes producing material that doesn't meet standards.
7.4 The Quality Department will keep records of all first piece and in-process inspections.
7.5 The inspection records will be stored in the job number folder and will be available for customer review.
7.6 Tag or otherwise identify rejected items and move them to an area apart from the normal flow of in-process materials.
7.7 The Quality Department will follow-up to prevent recurrence of faulty material.
7.8 Inspection records will list: the number of pieces accepted, the number rejected, kind of defects and basic causes of rejection, date of inspection, and the inspector's name.
7.9 Attachment shows the locations of fabrication and inspection stations. For each station, it lists the types of items subject to inspection, the kind of inspection done, and the applicable drawings and specifications.
7.10 Special processes will require appropriate inspections and controls, including qualification and certification of personnel and equipment.
8.0 Assembly Inspection and Functional Testing
8.1 Production personnel will make assembly inspections and do functional testing, as required.
8.2 The Quality Department will check functional test under an established sampling plan.
8.3 The Quality Department will keep the inspection records.
8.4 The inspection records will be kept in the job number folder and will be available for customer review.
8.5 All faulty (discrepant) assemblies will be marked and set apart so they won't be accidentally used.
8.6 The Quality Department will initiate corrective and follow-up action to prevent recurrence of faulty material.
8.7 Inspection records will list: the number accepted, the number rejected, the date of the inspection, and the inspector's name.
9.0 Final inspection and Testing
9.1 Final inspection and tests will be performed either on 100 percent or on a sample of the items. The number of items sampled will depend on the complexity of the items and customer requirements. Inspection will follow either customer-supplied procedures when available or MIL-STD-105D.
9.2 Each end item will be inspected/tested 100 percent, unless the customer asks otherwise.
9.3 The Quality Department will keep all final inspection and test records.
9.4 Inspection and test records will be filed in the job number folder and will be available for customer review,
9.5 The Quality Department will follow-up to see that processes producing faulty materials are corrected and to prevent recurrence of faulty material from those processes.
9.6 All faulty material will be marked and set apart from the normal flow of finished material.
9.7 Faulty material will not be shipped to the customer without specific customer instructions to submit such Nonconforming material.
9.8 Rejected material which has been repaired, reworked, or sorted must be resubmitted to final inspection to make sure it meets requirements.
9.9 Inspection records will list: the number of pieces accepted, the number rejected, the date of inspection; and the inspector's name.
10.0 Faulty (Discrepant) Material Control
10.1 All faulty (Nonconforming) material, supplies, or parts will be placed in a "DO NOT USE" area. The items will be clearly marked with job number, part number, revision letter, lot size, defect, inspector's name, and any other information necessary.
10.2 The specific reason an item has been rejected will be clearly written on a rejection tag attached to each part or container.
10.3 No one may remove items from the "DO NOT USE" area until disposition is determined by a Material Review Board made up of the plant manager, and representatives of the Production and Quality Departments.
10.4 Nonconforming material will not be shipped unless the customer's buyer approves it. The shipping documents will be marked with what's wrong with the items.
10.5 The Quality Department will control all lots submitted for acceptance inspection. Each lot will be kept as a unit, apart from other lots, and out of the normal flow of material.
10.6 During the processing of material all production and inspection operations must be kept in proper order. Each step must be completed before the next step is begun.
10.7 The Quality Department will set up a system so that the stage of inspection each item is in, can easily be identified.
10.8 Unidentified material will be taken out of the normal flow of production until it is inspected to insure that it meets all specifications.
10.9 Reworked material will be segregated from other material until the Quality Department determines its status.
11.0 Tool and Gage Control
11.1 All special tools, jigs, fixtures, gages, and measuring equipment must be properly identified,
11.2 Each new or reworked tool, jig, fixture, gage, and item of measuring equipment will be inspected before issue for use.
11.3 All gages, measuring and test equipment will be calibrated to standards.
11.4 A written schedule for calibrating gages, measuring and test equipment will be set and strictly followed. Frequency of calibration will be based on type and purpose of the equipment and severity of usage.
11.5 A restricted area for storing and calibrating gages, measuring, and test equipment will be set up.
11.5.1 A strict system of issue, control, and return will be set and followed.
11.6 If the customer supplies special gages, they will be checked at the intervals the customer sets. If the customer supplies no inspection schedule, the equipment will be checked according to a schedule that takes into account type, purpose, and severity of use.
11.7 Calibration will follow the written procedures kept in the calibration area.
11.8 Obsolete or out-of service tools and gages will be tagged.
11.9 Decals or stickers will be put on tools and gages or their containers to show the last date of calibration and the due date of the next calibration.
11.10 Personal, as well as company-0wned production and inspection tools, must be properly and regularly calibrated.
12.0 Overrun Stock Control
12.1 The Quality Department will oversee overrun stock.
12.2 The Quality Department will insure that any overrun parts sent to stock are properly marked "accepted." The part number, latest drawing number and specification revision, date of inspection, job number, and quantity of parts will be shown. The Quality Department will periodically check to see that the parts are properly packed to prevent deterioration and damage.
12.3 No overrun parts will be shipped to a customer until they are reinspected and found in acceptable condition and to meet the latest drawing and specification revisions.
13.0 Packing and Shipping
13.1 No order will be shipped to a customer until all shipping papers are stamped or signed and dated by the final inspector.
13.2 No order will be shipped until all required certifications, test reports, special samples, etc., have been packed with the material in accordance with the customer's requirements and accepted by the final inspector.
13.3 All material will be packed to prevent damage deterioration, and substitution.
13.4 The customer will be identified on the packaging, parts, and as otherwise necessary to prevent lost and misdirected shipments.
13.5 The order will be packed as directed by the customer, if applicable.
14.0 Identification
14.1 All materials and articles will be identified by a basic part number and revision letter.
14.2 Critical materials and articles will also carry a serial or lot number. If required, a list of materials and articles by identification numbers will be attached.
Copyright © by Flowte. All rights reserved.
Insurance Policies
Below is a brief summary of the current policy covers in place by Flowte;
| Professional Indemnity Section | |
| Limit | €6,500,000 |
| Cyber & Privacy Section | |
| Cyber Liability | €2,000,000 |
| Privacy Liability | €2,000,000 |
| Privacy Breach Notification Costs | €2,000,000 |
| System Damage | €6,500,000 |
| System Business Interruption | €1,300,000 |
| Threats or Extortion | €6,500,000 |
| Multimedia & Advertising Injury | €6,500,000 |
| Liability Section | |
| Employers | €13,000,000 |
| General | €13,000,000 |
| Products | €13,000,000 |
| Directors & Officers Liability Section | |
| Individual Cover | €500,000 |
| Company Reimbursement | €500,000 |
| Investigation Cost | €500,000 |
| Cover for Non-Executive Directors | €50,000 |
| Outside Directorship Liability | €500,000 |
| Extradition and Appeal Costs | €500,000 |
| Entity Cover | €500,000 |
| Employment Practices Liability | €250,000 |
Contract Management Policy
Access to information: FLOWTE members, Donors, International and Regional Partners
FLOWTE Reference Number: PP_14_CMP_2019
Issued and effective: Approved by the Governing Board on 12 August 2020.
Review: To be reviewed every four years thereafter [next review August 2024)
Content
Policy on contract management
• Management of the Contract Management Policy and Procedures
• Contract Initiation
• Confidentiality requirements
• Implementation and Management
• Related Policy and Procedures Compliance
• Audit
Applicable to: All FLOWTE office holders and staff
Issuer: Chief Executive of FLOWTE
Contents
SECTION I – PURPOSE AND APPLICATION ........................................... 3
SECTION II – SCOPE ............................................................................ 3
SECTION III – INTERPRETATIONS ........................................................ 3
SECTION IV – POLICY........................................................................... 4
• Management of the Contract Management Policy and Procedures....4
• Contract Initiation and signing .......................................................4
• Implementation and Management...................................................4
• Related Policy and Procedures Compliance .....................................7
• Audit..............................................................................................7
SECTION V – EFFECTIVE DATE............................................................ 8
SECTION VI – REVIEW DATE................................................................ 8
SECTION VII – ISSUER ......................................................................... 8
SECTION VIII – CONTACT AND ACCESS ............................................... 8
SECTION IX – RELATED DOCUMENTS ................................................. 8
Contract Management Policy
SECTION I – PURPOSE AND APPLICATION
1. The purpose of this Contract Management Policy is to ensure FLOWTE manages the risk associated with legal agreements by providing clear direction to staff responsible for
managing Contracts with third parties.
SECTION II – SCOPE
2. This policy applies to all FLOWTE staff, including contractors and consultants (referred to in this policy collectively as “the Secretariat”),
3. The policy does not apply to and excludes employment contracts (contracts of service) made in relation to FLOWTE staff. FLOWTE staff should be aware that contracts for services should not be used to avoid obligations under the Employment Relations Act 2000 and that there is a legal risk in engaging a person under a contract for services when they should more appropriately be an employee. To assist staff in determining whether or not the person should be engaged as an employee or as a contractor the advice of the
Office of the Secretary-General or the Legal consultant should be sought.
SECTION III – INTERPRETATIONS
• Confidentiality Agreement: means an agreement designed to prevent disclosure of commercially sensitive information to a third party, or into the public domain;
• Contract: means an agreement that commits FLOWTE in legal or financial terms and for the purposes of this policy includes Pre-contractual Agreements not intended to be legally binding;
• Contract Manager: The FLOWTE staff member with responsibility for ensuring that the rights and obligations under the Contract are met;
• Contract Register: The centralised online, digital repository holding all FLOWTE Contracts.
• Legal Consultant: The person engaged and contracted as FLOWTE Legal Consultant.
• Other Party: The individual or entity outside FLOWTE, with whom we have a Contract.
There may be multiple parties to a Contract.
SECTION IV – POLICY
Management of the Contract Management Policy and Procedures
4. The Chief Executive shall be responsible for the overall supervision of the management of all FLOWTE contracts to comply with FLOWTE policies and procedures and ensure that the terms and conditions of any contract are duly observed by all parties to the contract.
5. A Contract Management Procedures shall be developed by the Chief Executive or delegated staff to implement this contract management policy.
Contract Initiation and signing
6. Contract preparation and negotiation, including any Pre-Contractual Agreements, are governed by FLOWTE’s Procurement Policy. The authority to sign a contract (including a contract variation) is governed by FLOWTE’s Contract Signing Policy.
Implementation and Management
Service Delivery
7. The Contract Manager must ensure that the service is being delivered as agreed, to the required level of performance and quality.
8. The Contract Manager and the Other Party must agree a timeline and process for Contract implementation for every contract. The process may be set out in the Contract, or in an ancillary document, but must be documented.
9. The Contract Manager must note key performance indicators included in the Contract in relation to implementation, and make arrangements to ensure that performance is being measured and monitored. Considerations should include:
(a) Deliverables against specification; (b) Charges against contract price;
(c) Quality against KPIs and/or agreed standards;
(d) Identifying opportunities for cost or efficiency gains; (e) Supplier’s overall performance ;
(f) Identification of lessons learned;
(g) FLOWTE’s performance in meeting its obligations under the contract.
Relationship Management
10. Once implemented, the Contract Manager must ensure that the relationship with the o ther party is being proactively managed.
11. Contract Managers should ensure they hold regular meetings with the Other Party to discuss overall performance; achievement of objectives and key performance indicators and each party’s adherence to the contractual terms. The format, frequency and venue of these meetings will be dependent upon the nature of the Contract and should be determined and agreed early on. Minutes and files notes of such meetings must be kept and added to the Contract file.
12. If a material issue arises that has potential to create risk of any type for FLOWTE, the Contract Manager must advise the Chief Executive/Secretary-General or Legal Consultant to review the matter to ascertain what action (if any) needs to be taken.
13. If disputes arise they should be dealt with proactively and in accordance with the dispute resolution clauses included in the Contract. The initial responsibility for dispute resolution is with the Contract Manager and the appointed representative of the Other Party. If resolution is not possible and a dispute is likely to escalate, this must be advised without delay to the Chief Executive/Secretary-General, and the Legal Consultant. The Legal Consultant must be advised of any contract dispute that may involve the chance of legal action between the parties as soon as this is considered a possibility.
Contract Administration
14. Contracts must be monitored in accordance with any monitoring and reporting requirements specified in the contract terms and conditions, and in line with section 9 above.
15. Any Key dates (i.e. annual reviews and meetings) established following the execution of the Contract should be advised to the Chief Executive and staff responsible for maintain the Contract Register for entering into the Contract Register (key dates specified in the contract should have been entered into the coversheet prior to signing and would have been entered at this time).
16. The Contract Manager must ensure arrangements are made with the Chief Executive and staff responsible for proceeding payments to ensure payments to be made or received under the Contract are either invoiced to the Other Party, or paid by FLOWTE to the Other Party, in accordance with the timeframes specified in the Contract.
17. Compliance with contractual obligations may be monitored by the Chief Executive or Secretary-General, who holds responsibility for reviewing and maintaining the frameworks, systems and policies that support compliance within FLOWTE.
Contractors Evaluation and Assessment
18. The Contract Manager must perform a periodic evaluation and assessment of all contractors/consultants depending on the terms and conditions the timeframe of every contract.
19. For a contract of twelve months or less, the evaluation and assessment shall be made at the end of the contract term. Otherwise, the evaluation and assessment shall be done at a 12 month period and at the end of the contract.
20. The evaluation and assessment shall be carried out to ensure service is delivered with quality and according to the specifications in the contract.
21. The evaluation and assessment document shall be available from the Chief Executive.
22. After the evaluation and assessment, the Contract Manager shall report and submit the result to the Chief Executive for consideration, and will be recorded in the Contract Register. Any unfavourable outcome from the evaluation and assessment will be dealt with in accordance to the terms of the contract.
Contract Review, Renewal or Variation
23. The Contract Manager is responsible for the contract and performance review processes relating to the Contract and must seek guidance from the Chief Executive before initiating and concluding any review, renewal or variation process.
24. Proactive management of all review and renewal processes must be undertaken to secure best advantage. Any request for Contract renewal therefore, should be received or initiated by the Contract Manager no later than the commencement of the final year of the Contract term (or in the case of a Contract term of 12 months or less, no later than
6 months before the renewal or expiry date) unless another date has been stipulated in the Contract. Any request for Contract review, should be received or initiated by the Contract Manager no later 3 months before the review date specified in the Contract, unless another date has been stipulated in the Contract.
25. If the request is to:
(a) Renew (or not to renew) the Contract, the Contract Manager must discuss with the Chief Executive and follow the process set out in the Contract, ensuring that deadlines pertaining to notices to be issued or received are met, and that there is sufficient time in the process to address any issues or concerns;
(b) Review the Contract, the Contract Manager should follow the process set out in the Contract and:
(c) note the date and parameters of the review;
(d) obtain advice and guidance from the Chief Executive/Secretary-General or Legal Consultant;
(e) evaluate the contract;
(f) prepare issues for discussion at review time;
(g) communicate any issues arising out of the review; and
(h) where applicable, document a Variation of Contract (or other agreed action) in accordance with the process set out in 26 below.
26. If the Contract Manager wants to initiate a variation to the terms and conditions of the Contract, or receives a request to do so from the Other Party during its term, check that variations are permitted under the contract and under what circumstances. Variations are usually only permitted with the written approval of each party. Any proposed contract variation should be discussed with the Chief Executive and if the decision is made to proceed with such Variation, it must be prepared and negotiated in accordance with the requirements and procedures specified in this policy. Note also the requirements of the Contract Signing Policy in respect of who may authorise and sign a contract variation.
Records Management
27. Contracts are classified as Vital Records. Storage, archival and retention of contracts must be in accordance with the record keeping requirements of FLOWTE. Disposal of Contracts and Contract related records must be undertaken in accordance with the FLOWTE policies and procedures.
Related Policy and Procedures Compliance
28. All Contracts must be managed in accordance with this policy and the Contract Management Procedure.
29. Contracts involving procurement must comply with the FLOWTE Procurement Policy.
Signing of contracts (including contract variations) is governed by the Contract Signing Policy.
30. Conflicts of Interest arising in the contracting process will be managed in accordance with the FLOWTE Conflict of Interest Policy.
31. Contracts and Memorandum of Understanding (MOU’s) with international institutions must follow the Contractual Management Procedures or relevant procedures and/or International Partnership Agreement.
Audit
32. The Contract Management process may be periodically audited to ensure compliance with FLOWTE policies and procedures.
SECTION V – EFFECTIVE DATE
The Policy is effective as of 12 August, 2019.
SECTION VI – REVIEW DATE
The Contract Management Policy is to be reviewed within two year from effective date.
SECTION VII – ISSUER
The Issuer of this Policy is the Chief Executive for FLOWTE.
SECTION VIII – CONTACT AND ACCESS
i. Contact. For questions relating to this Contract Management Policy, please contact
FLOWTE Secretariat at secretariat@flowte.com
IMPLEMENTATION & CHANGE MANAGEMENT
Onboarding Services
Accelerate the implementation of your new ticketing solution, maximise user adoption and ensure project success.
Experience a seamless onsale
Prince2 Project Planning Process
Data Migration From Legacy Systems
Seat Map Creation
Access Control Configuration Process
Website Creation & Integration
API integration with your business systems
Comprehensive Training
End to End Go Live Support
Experts that extend your team
While your ticketing project is unique, you still need the right skills for a successful, on-time project. Our team of ticketing, marketing and IT experts helps you skip the learning curve as they share knowledge and guide you at each step of the process.
A Flowte project manager orchestrates the entire project, including planning activities, selecting the appropriate pool of skills, organising business and technical workshops, managing risks and reporting on progress. Expert consultants apply their skills and best practices to optimise ticket sales configuration, and implement marketing campaign automation, while IT experts handle tasks like data migration, network configuration and ticketing hardware selection.
Your success is our success. Our consultants share knowledge and work hand in hand with your internal team, both onsite and remotely. From the initial kick off meeting up till the go-live date and beyond, our teams work together, including at major events such as an exceptional sale.
Proven implementation methodology
Maximise the success of your project with our field-proven implementation methodology, consistently applied to both small-size projects to complex, large-scale implementations
Step 1: Preparation. This phase comprises several workshops, including business processes and data analysis, interfaces and hardware/network audit, and evaluation of online sales aspects (integration with your corporate web site, e/m-ticket personalisation, branding and many more).
Step 2: Deployment. This phase focuses on system configuration, implementation of interfaces and user training (sales, marketing and access control). Sales channels are activated and contact data imported following the predefined calendar.
Step 3: Launch. This final phase focuses on validation, sales launch (online and box office) and access control activation. Typically, it coincides with a major event or the beginning of a new season, with our consultants providing onsite assistance.
Change Management and user adoption
Our experience has taught us that adopting a new ticketing system involves more than a change of technology. The Flowte solution dematerialises many manual processes like the processing of season ticket forms or seat allocation, impacting how people work.
To ensure that the ticketing system switch is perceived as an opportunity and facilitate a smooth transition between old and new, we help address change management and user adoption via a range of activities. These include clear communication of goals and frequent user feedback sessions; early immersion in the solution using training, a test lab and user acceptance tests; and extensive onsite coaching during the launch phase.
Implementation & Training Plan
1 | INTERNET CONNECTION
2 | APPLICATION ACCESS
3 | EMAIL TEMPLATE
4 | EVENT / GAME INFORMATION
5 | CUSTOMER DATA
6 | WEBSITE ACCESS
7 | HARDWARE & PC CONFIGURATION (REQUIRED FOR TRAINING)
8 | FINANCE CONFIGURATION
9 | APPROVE SEAT MAPS (RESERVED ONLY)
1 | INTERNET CONNECTION
Flowte Sport needs a sutiably fast internet connection to perform at its best. The easiest way to check your connection is to do the two tests detailed below.
Please note: you should test in all areas where you will be using the application - eg. ticket
office; every scanning location; remote offices etc.
Minimum requirements: 30Mbps download and 5Mbps upload.
SPEED TEST
1. Go to http://speedtest.net/
2. Click “Go” button
3. Click the link icon next to share
4. Paste and email the link to info@flowtesport.com
5. Repeat steps 1-4 for all areas where you will be using the application
WEBSITE TEST
1. Go to http://tools.pingdom.com/ping
2. Enter the url web.flowtesport.com and click “Start Test”
3. Once the test is run and you see the results click the “Share Result” button
4. Click the “Email” button and send the email to: info@flowtesport.com
5. Repeat steps 1-4 for all areas where you will be using the application
2 | APPLICATION ACCESS
Flowte Sport requires a number of sites be accessible from all computers.
You will need to check the following sites on all computers that will use Flowte Sport and confirm
there are no issues / warning messages.
1. https://www.stimare.net/drivers/ (PRINTER DRIVERS)
2. https://help.flowte.com/ (ONLINE SUPPORT)
3. https://crm.flowteapp.com/ (MARKETING)
Please send an email to info@flowtesport.com to confirm that you have had no issues accessing
any of the above sites.
3 | EMAIL TEMPLATE
If you have any internal marketing templates, please send them to info@flowtesport.com .
The best format for us to receive these in is HTML, you can usually export them from your current
system or copy the source code (HTML)
4 | EVENT / GAME INFORMATION
Flowte Sport will be delivered with your events pre built.
Please provide the event details for one of your current events in order that we can build a
template for building all of your future events.
1. Create a file listing these details for the event / game
2. List the price per section
3. List the booking fees for each ticket
4. List delivery options and prices (print at home, collection etc)
5. List which entrance must be used for each section (eg section A must enter via turnstile 7)
6. List your ticket types (eg Adult, Child, Student)
7. List your price per ticket
8. Send completed file(s) to info@flowtesport.com
5 | CUSTOMER DATA
To import your existing customer data please follow the “Flowte Customer Import Guide”
Please note: we recommend you use this opportunity to cleanse your data, standardise case and
remove duplicate records.
1. Download the import file
2. Complete the form with your customer data
3. Leave unused columns blank. DO NOT DELETE THEM
4. Data can only be import if ISO 3166 compliant (see document)
5. Send completed file to info@flowtesport.com
6 | WEBSITE ACCESS
Flowte Sport will ensure your website is mobile optimised and has clear ‘call to action’ buttons for
the purchase of tickets; packages; vouchers and donations.
1. Please email info@flowtesport.com with login details to your website / CMS so that we may
implement the above changes on your behalf
7 | HARDWARE & PC CONFIGURATION (REQUIRED FOR TRAINING)
TRAINING ROOM (NOT APPLICABLE IF USING ONLINE TRAINING)
1. Training room free from distractions booked
2. Space for all participants and presenter
3. Projector / Screen / Room with HDMI port
4. Blinds / Curtains available to block excessive light source & glare
5. WiFi access is available (30mbps upload / 5mbps download)
6. Please email info@flowtesport.com with WiFi password and training room location
TICKET OFFICE
1. Set up your ticket printer (& tickets) on Chrome using this tutorial:
2. Any computer that will use the system must be configured using our configuration guide:
ACCESS CONTROL
1. Confirm all scanning devices can access internet
2. Confirm all devices are fully charged
3. Install the mobile scanning: https://itunes.apple.com/tt/app/flowte-scan-app/id1148418910
4. Please email info@flowtesport.com with WiFi password(s) used for scanning devices
8 | FINANCE CONFIGURATION
BANK INFORMATION
We require your account information in order to be able to deposit your ticket sales to your
account. Please provide the following information via email to info@flowtesport.com
1. IBAN (International Bank Account Number)
2. BIC / SWIFT (Bank International Code)
3. Account Name
4. Currency
TAXES
Please provide us with the relevant tax rates and names within your jurisdiction via email to
9 | APPROVE SEAT MAPS (RESERVED ONLY)
Your seat map is being created by our "MapCrawler system"
This generates an electronic clickable seat map.
Our graphics team will email you:
1. A proof of your map for approval
On receipt of our emails you must complete the following ASAP.
Please note: failing to respond promptly may delay your launch date
1. Discuss internally with your team
2. If any changes required please mark up and send detailed list of the changes
3. Two people must sign every page for sign off
4. Return changes / signed documents via email reply
Please note: Approvals must be made by the client’s nominated Project Sponsor/Lead to avoid
any ambiguities and unnecessary iterations.
Any subsequent changes to a seat map once live will incur a 50% fee of the original cost.
TRAINING PLAN
System Admin Training Session 1 | Sales / Analytics / Websites ( 90 MINS )
STEP 1 | How to copy or add an event (ARTS CLIENTS ONLY)
Follow this guide: https://help.flowte.com/portal/kb/articles/events
STEP 2 | How to Sell a ticket or product
Follow this guide: https://help.flowte.com/portal/kb/articles/storefront-29-5-2018
STEP 3 | How to Use Express Sales
Follow this guide: https://help.flowte.com/portal/kb/articles/storefront-29-5-2018
*STEP 4 | Analytics: How to use reports and dashboards
STEP 5 | How to add Users and Roles
*STEP 6 | Marketing: How to customise Flowte Websites & link from your website
Follow this guide: https://help.flowte.com/portal/kb/articles/customising-the-online-sales-flow
Conclusion:
System Admin Training Session 2 | CRM / Marketing / Automation ( 90 MINS )
STEP 1 | CRM: How to manage Contacts & Transactions
Follow this guide: https://help.flowte.com/portal/kb/articles/working-with
STEP 2 | CRM: How to use Automation
*STEP 3 | Marketing: How to use Flowte Social
Follow this guide: https://help.flowte.com/portal/kb/articles/social
STEP 4 | Marketing: How to send and analyse email campaigns
Follow this guide: https://help.flowte.com/portal/kb/articles/storefront-29-5-2018
*STEP 7 | Marketing: How to create special offers and promos
Follow this guide: https://help.flowte.com/portal/kb/articles/create-a-promo-code
STEP 3 | CRM: How to use Forms
Follow this guide: https://help.flowte.com/portal/kb/articles/creating-forms
Conclusion:
System Admin Training Session 3 | Merchandise / Access Control / Integrations ( 90 MINS )
STEP 1 | How to add a Product / Merchandise
Follow this guide: https://help.flowte.com/portal/kb/articles/adding-a-new-produc
STEP 2 | How to add a season package
Follow this guide: https://help.flowte.com/portal/kb/articles/offers-and-loyalty
STEP 3 | How to use: Renewals & Fulfillment
Follow this guide: https://help.flowte.com/portal/kb/articles/renewals
STEP 4 | How to Set Access Control | Get App Page
Follow this guide: https://help.flowte.com/portal/kb/articles/barcodes
*STEP 5 | How to use the Access Control Scanning Dashboard
Follow this guide: https://help.flowte.com/portal/kb/articles/barcodes
*STEP 6 | Marketing: How to use Flowte Integrations
Follow this guide: https://help.flowte.com/portal/kb/articles/marketing-how-to-use-flowte-integrations
Conclusion:
Fan Engagement / Fan Experience Implementation & Major Event Process & Agenda
Day 1 : Session 1 | 10am - 12pm
Topics
Introductions to team
Overview of next 48 hours
Hardware Checks
~ Ticket Printers
~ PC's
~ Card Swipes
~ Scanners
~ Check for Ticket stock
~ Test scanning window
~ Test pos user log ins
~ Test WiFi for scanners
~ Test WiFi for pos
~ Test PCs are properly configured
~ Test queuing system
~ Test card swipes secured
~ Test mouse pads
~ Backup Router power
~ Backup Router security
Software Checks
~Scan App updates
~Browser / pop up blocker / homepage / cache
Game / Event Day Operational Plan
Plan time for
~ gates open
~ staff training
~ Queue mangement plan for delays
~ Scanner location management plan
~ System Administrator comms plan
~ Half time attendance / announcement / big screen etc
~ Post Match Reconciliation Plan
~ Egress Planning
~ Failed scan policy
Day 1 : Session 2 | 2pm - 4pm
Topics
~ Aspirational Planning
~ Fan Experience Objectives (Flowte Social, Flowte Marketing, Effcient pos & scanning queue system, No Show email automation )
~ Fan Frequency Objectives (Last attendance longer then 6 weeks automation )
~ Fan Spend Objectives (pre game/event upsell, arrive early upsell, Use Flowte POS, Arrive 1 hour early email automation)
~ New Customer Objectives (make game/event day a family day, food markets, block party, tailgating, off season concerts)
~ Quarterly Goal Setting - agree one target for each area
Day 2 | On Site Management
Topics
~ Pre Event Meeting
~ Pre Event Casual Staff training
~ Pre Event Testing
~ Pre Event Oversight
~ In Event Troubleshooting
~ Post Event Oversight
~ Post Event Analysis & Feedback (if practical)
System Security
Flowte is a web based SaaS solution which runs in the cloud. Our servers are hosted by Amazon Web Services and protected from DDoS and known IPs through Cloudflare.
All web servers run through a NAT gateway, which is backed up by a VPN in a secure CIDR block.
There is no direct access to our VPN where the database and servers reside and any indirect access follows strict Audit log and security protocols inline with current advice.
All passwords to the web system are hashed and salted securely.
Flowte is integrated with Stripe for our payment processing and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry.
All card numbers are encrypted on disk with AES-256. Decryption keys are stored on separate machines. None of Stripe’s internal servers and daemons are able to obtain plaintext card numbers; instead, they can just request that cards be sent to a service provider on a static whitelist. Stripe’s infrastructure for storing, decrypting, and transmitting card numbers runs in separate hosting infrastructure, and doesn’t share any credentials with Stripe’s primary services (API, website, etc.)
GDPR Compliance
Introduction
The European Union has taken a significant step in protecting the fundamental right to privacy for every EU resident with the General Data Protection Regulation (GDPR) which will be effective from May 25, 2018. Under the regulations EU residents will now have greater say over what, how, why, where, and when their personal data is used, processed, or disposed. This rule clarifies how the EU personal data laws apply even beyond the borders of the EU. Any organization that works with EU residents' personal data in any manner, irrespective of location, has obligations to protect the data.
The new regulations replace the Data Protection Directive 95/46/EC
Definitions
Data Controllers – those who determine what personal data is collected and how it is processed; and
Data Processors – those that process personal data on behalf of a ‘Controller’
And gives more rights (power and control) to
Data Subjects – any individual who can be identified, directly or indirectly, by the data (Personally Identifiable Information, PII) held against them
What are the strengthened Rights for Data Subjects?
Individuals now have the
Right to be informed – clarity about who uses their data
Right of access – to see what data is held on them
Right to rectification – to have it amended if inaccurate
Right to erasure – to be deleted on request
Right to restrict processing – to specify in what ways their data can be used
What should customers be doing to get GDPR-ready?
We understand that for our customers, in their role as data controller, meeting the GDPR requirements will take time and effort. It is likely a myriad of systems and third-party applications are in use to run their business.
If you are still at the stage of reviewing what you need to do to demonstrate compliance here is a suggested checklist:
1. Create a data privacy team to oversee GDPR activities and raise awareness
2. Review current security and privacy processes in place and where applicable, revise your contracts with third parties and customers to meet the requirements of the GDPR
3. Identify the Personally Identifiable Information (PII)/Personal data that is being collected
4. Analyse how this information is being processed, stored, retained and deleted
5. Assess the third parties with whom you disclose data
6. Establish procedures to respond to data subjects when they exercise their rights
7. Establish and conduct Privacy Impact Assessment (PIA)
8. Create processes for data breach notification activities
9. Continuous employee awareness is vital to ensure continual compliance to the GDPR
At Flowte we are aligning ourselves with this new regulation by reviewing our data inventory and data flows; and revisiting and amending contracts with our third-party service providers to meet the requirements of the GDPR.
From the perspective of our customers - yourselves - this will involve setting us up as a data processor where you will be responsible for the data control.
Penalties for Non-Compliance
If your business is found to be in breach of GDPR you face a hefty fine. The maximum can be up to 4% of your annual global turnover or €20 Million, whichever is greater. The fines are imposed for infringements like:
Insufficient customer consent to process data
Not having your records in order
Failing to notify the relevant authority and data subjects about a breach
Basic Principles
The Client
As an organisation that collects personal data in order to fulfil a sales function you are classed as a Data Controller. Your obligations under the regulations include, but are not limited to:
1 | provide clear information to your customers about the personal data you collect, for what purpose, and the Data Processors you use (this would include Flowte and is typically addressed in a Privacy Policy)
2 | protect personal data against accidental loss, unauthorised access, or unlawful processing (this is typically addressed in a Security Policy)
3 | written agreements with processors that are given access to your customer’s data, that require them to act only according to your instructions and make sure they comply with all data protection requirements (this is typically addressed in commercial contracts)
4 | informing the data subject (end customer) within 72 hours of first becoming aware of a data breach
In addition you should follow the basic data protection principles of:
1 | Lawfulness, fairness and transparency – the basic tenets of how you handle and manage your customer data
2 | Purpose limitation – how long you have been keeping the data
3 | Data minimisation – identifying what data is held and for what purpose; and not keeping more than is necessary
4 | Accuracy – making sure the data you hold is accurate
5 | Data retention – is the data you hold still necessary for the original purpose of processing
6 | Security – how secure is the data you hold
Flowte
Flowte as the ticketing platform, is classed as a ‘Data Processor’ as we simply process your customer’s data as part of the service we provide to you and your customers. You are still the sole owner of that data – we just store and process some of it in order to generate customer tickets, business reports and such like. Under the regulations our obligations include, but are not limited to:
1 | process data fairly, lawfully, and for legitimate purposes
2 | implement all appropriate security measures to protect the personal data
3 | informing the controller immediately of any data breaches
4 | keep internal records of all data processing activities
At Flowte data security has always been the cornerstone of our business. Flowte is a web-based SaaS solution which runs in the cloud. Our servers are hosted by Amazon Web Services and protected from DDoS and known IP’s through Cloudflare.
Flowte is integrated with Stripe for our payment processing and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry.
Data Controller – legal basis for processing data
As a data controller you must have a valid lawful basis in order to process personal data. Organisations are free to determine which of the six defined bases are applicable to each of their activities, as defined in Article 6 of the GDPR – and this should be recorded in your Privacy Policy. For most of the organisations we work with this is likely to be on the basis of ‘legitimate interests’. The rationale for this can include:
1 | no sensitive personal data is collected (eg. racial or ethnic origin, political opinions, religious beliefs, trade union activities, physical or mental health, sexual life, or details of criminal offences)
2 | the amount and type of data collected is minimal and deemed reasonable to expect for the fulfilment of the activity (eg. to process a sale for tickets to be delivered to a customer it is necessary to collect a name, address and payment details)
3 | there is a minimal privacy impact on the individual based on the range of data held and how it is used
For organisations that choose to use the lawful basis for processing data based on ‘consent’ the regulations introduce enhanced rights for individuals. Flowte has a number of features which can be used by the data controller to assist with, and demonstrate, compliance with these requirements:
1 | Consent should be explicit and require a positive opt-in
In Flowte under Admin > Settings > you have the option to set the ‘Marketing Question Online’ to NO:
This setting can be complimented by a custom defined message by populating the ‘Custom Online Marketing Question’ field:
Online users would have to positively opt-in to email marketing if they wished to:
There is a similar setting for ‘Marketing Question Back Office’ giving the ability for back-office operators to manually opt-in a customer if consent was given; and use the Note field in the contact record to detail this action:
The same principle can be followed for any other Contact Tag managed in this way (eg. where specific contact tags have been created to capture consent for direct mail marketing or telephone marketing).
2 | It should be easy to withdraw consent
The data controller should document how an individual can withdraw their consent (typically addressed in a Privacy Policy). Flowte allows a record of manual changes to be maintained using the contact Note field (CRM > Contacts- as below):
All email communications should carry an ‘Unsubscribe’ link and this should be recorded in the email marketing client being used. For customers using the Flowte Marketing app, any change in the customers marketing preferences - for example when they choose to Unsubscribe from an email campaign - will automatically be updated in their contact record (the Venue Marketing field will show Opt Out).
For customers using an alternative email marketing client a documented process should exist defining any ‘Master/Slave’ relationships.
3 | Right to be forgotten
Individuals have the right to request that their personal data is erased.
This can be achieved in Flowte using the ‘Remove’ button against the contact record (CRM > Contacts):
When the contact is removed they will no longer be a searchable record under Contacts:
4 | Request for information
Individuals can request to see what data is held on them by the data controller – and organisations must respond within a maximum of 1 month to any such request (unless it is deemed to be complex, in which case extensions are allowed).
Within Flowte you can navigate to the contact record then simply ‘print screen’ and save as a PDF document which can then be forwarded to the individual making the request.
General Considerations
1 | Data security
To support your obligation to restrict unauthorised access to personal data you can use the Flowte feature set of ‘Users & Roles’ under the Settings menu.
This allows you to create granular access to the system by restricting top-level or sub-level menu options and apps.
2 | Terms & Conditions
The data controller is also advised to review the Terms of Service (T&C’s) they make available to customers which are managed in Flowte under Settings > Account Info > Storefront. Similarly, with the Privacy Policy. It is here where you can inform your customers why you are keeping their data; for how long; their right to opt out; and who to contact should they wish to change their preferences or be removed.
Best practice would suggest these should include any specific references to third party data sharing and the legal basis for this – as defined in your Privacy Policy – such as the sharing of data with The Audience Agency for purely benchmarking purposes. With Flowte these policy statements are available for view throughout the online checkout process.
Disclaimer
This guide is meant solely to educate you on GDPR and the information provided, and any views expressed, are those of Flowte only and should not be construed as Legal advice or be replaced for Legal advice.
Flowte does not take the responsibility of misinterpretation or misunderstanding of the content by the reader and Flowte makes no warranties, express, implied, or statutory, as to the information in this guide.
You are advised to seek the guidance from a Legal Consultant/Advisor in your compliance project.
GDPR TRAINING
The Company has developed policies, procedures, controls and measures to ensure maximum and continued compliance with the data protection laws and principles, including staff training, procedure documents, audit measures and assessments. Ensuring and maintaining the security and confidentiality of personal and/or special category data is one of our top priorities and we are proud to operate a ‘Privacy by Design’ approach, assessing changes and their impact from the start and designing systems and processes to protect personal information at the core of our business.
The Company ensures that:
We protect the rights of individuals with regards to the processing of personal information
We develop, implement and maintain a data protection policy, procedure, audit plan and training program for compliance with the data protection laws
Every business practice, function and process carried out by the Company, is monitored for compliance with the data protection laws and its principles
Personal data is only processed where we have verified and met the lawfulness of processing requirements
We only process special category data in accordance with the GDPR requirements
We record consent at the time it is obtained and evidence such consent to the Supervisory Authority where requested
All employees are competent and knowledgeable about their GDPR obligations and are provided with in-depth training in the data protection laws, principles, regulations and how they apply to their specific role and the Company
Individuals feel secure when providing us with personal information and know that it will be handled in accordance with their rights under the data protection laws
We maintain a continuous program of monitoring, review and improvement with regards to compliance with the data protection laws and to identify gaps and non-compliance before they become a risk, affecting mitigating actions where necessary
We monitor the Supervisory Authority, European Data Protection Board (EDPB) and any GDPR news and updates, to stay abreast of changes, notifications and additional requirements
We have robust and documented Complaint Handling and Data Breach controls for identifying, investigating, reviewing and reporting any breaches or complaints with regards to data protection
We have appointed a Data Protection Officer who takes responsibility for the overall supervision, implementation and ongoing compliance with the data protection laws and performs specific duties as set out under Article 37 of the GDPR
We have a dedicated Audit & Monitoring Program in place to perform regular checks and assessments on how the personal data we process is obtained, used, stored and shared. The audit program is reviewed against our data protection policies, procedures and the relevant regulations to ensure continued compliance
We provide clear reporting lines and supervision with regards to data protection
We store and destroy all personal information, in accordance with our retention policy and schedule which has been developed from the legal, regulatory and statutory requirements and suggested timeframes
Any information provided to an individual in relation to personal data held or used about them, with be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language
Employees are aware of their own rights under the data protection laws and are provided with the Article 13/14 information disclosures in the form of a Privacy Notice
Where applicable, we maintain records of processing activities in accordance with the Article 30 requirements
We have developed and documented appropriate technical and organisational measures and controls for personal data security and have a robust Information Security program in place
Through our strong commitment and robust controls, we ensure that all staff understand, have access to and can easily interpret the data protection laws requirements and its principles and that they have ongoing training, support and assessments to ensure and demonstrate their knowledge, competence and adequacy for the role. Our Training & Development Policy & Procedures and Induction Policy detail how new and existing employees are trained, assessed and supported and include: –
GDPR Workshops & Training Sessions
Assessment Tests
Coaching & Mentoring
1:1 Support Sessions
Scripts and Reminder Aids
Access to GDPR policies, procedures, checklists and supporting documents
Employees are continually supported and trained in the data protection laws requirements and out own objectives and obligations around data protection.