Last updated: 24th January 2023
This End-User License Agreement (referred to as the “EULA”) is a legally binding agreement between you, the Licensee, an individual customer or entity, and Actually Changing the World Ltd – the Company and the Author of Actually JFDI Companion, the Application (the App) – which has been licensed, not sold, to you.
This Agreement is a legally binding contract that includes terms that limit your legal rights and the Licensors’ liability to you, and shall govern all access to and use of this App.
By installing, copying, or otherwise using the Licensed Application (App), the Licensee agrees to be bound by the terms and conditions as outlined in this EULA without limitation or alteration. However, if the Licensee does not agree to the terms and conditions outlined in this EULA, the said Licensee may not download, install, or use App.
“EULA” shall refer to this End-User-License-Agreement, including any amendment to this Agreement.
“Licensee” shall refer to the individual or entity that downloads and uses the App.
“Licensor” shall refer to the company or author, Actually Changing the World Ltd, whose registered office is: Oast Business Centre North Frith Farm, Ashes Lane, Hadlow, Tonbridge, United Kingdom, TN11 9QU.
“App/Licensed Application” shall mean Actually JFDI Companion, the Licensed Application provided pursuant to this EULA.
Subject to the terms of this EULA, Actually Changing the World Ltd hereby grants to the Licensee, a royalty-free, revocable, limited, non-exclusive license during the term of this EULA to possess and to use a copy of the App. The App is being distributed by Actually Changing the World Ltd via the Apple App store. The Licensee is not allowed to make a charge for distributing this App, either for profit or merely to recover media and distribution costs.
You hereby unconditionally agree that all right, title and interest in the copyrights and other intellectual property rights in the Licensed Application reside with the Licensors. The trademarks, logos, designs, and service marks appearing on the Licensed Application are registered and unregistered marks of the Licensor. Accordingly, nothing in this EULA or the Licensed Application grants you any right to use any form of intellectual property contained in the Licensed Application.
Therefore, all rights, titles, interests, and copyrights in and/or to the App, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned by the Licensor. Accordingly, the App is protected by all applicable copyright laws and international treaties, and the Licensee is expected to use the App concerning all intellectual property contained therein, except as otherwise provided for in this EULA.
Installation and Use: Licensee may install and use the App on a shared electronic device (such as a smart phone or a tablet device) or concurrently on different electronic devices (such as smart phones or tablet devices), and make multiple back-up copies of the App, solely for Licensee’s use within Licensee’s business or personal use.
Reproduction and Distribution: Licensee may not duplicate or re-distribute copies of the App, without the Licensors express written permission.
Licensee Limitation: The Licensee may not:
Actually Changing the World Ltd shall provide updates and maintenance on a quarterly basis or as-needed basis.
Actually Changing the World Ltd has no obligation to provide App support, or to continue providing or updating the App.
Termination
In the event of termination, all licenses provided under this EULA shall immediately terminate, and you agree to discontinue accessing or attempting to access this Licensed Application.
Accordingly, this EULA may be:
Either Actually Changing the World Ltd or the Licensee may terminate this EULA immediately upon written notice to the other party, including but not limited to electronic mail.
Non-Transferability
The Licensee has the option to permanently transfer all rights under this Agreement, provided the recipient agrees to the terms of this EULA. Accordingly, this EULA is not assignable or transferable by the Licensee without the prior written consent of Actually Changing the World Ltd; and any attempt to do so shall be void.
Notice
Any notice, report, approval or consent required under this EULA shall be in writing and deemed to have been duly given if delivered by recorded delivery to the respective addresses of the parties.
Integration
Both parties hereby agree that this EULA is the entire and exclusive statement and legal acknowledgement of the mutual understanding of the parties and supersedes and cancels any previous written and oral agreement and/or communication relating to the subject matter of this EULA.
Severability
No delay or failure to exercise, on the part of either party, any privilege, power or rights under this EULA shall operate as a waiver of any of the terms and provisions of this EULA. Accordingly, no single or partial exercise of any right under this Agreement shall preclude further exercise of any other right under this EULA. Suppose any of the outlined provisions of this EULA is deemed to be unenforceable or invalid in whole or in part by a court of competent jurisdiction. In that case, such provision shall be limited to the minimum extent necessary for this EULA to remain in full force and effect and enforceable. The remaining provisions of this Agreement shall not be rendered unenforceable or invalid. They shall continue to be enforceable and valid in isolation of the unenforceable and invalid provisions of this EULA.
Warranty and Disclaimer
Actually Changing the World Ltd, and author of this App, expressly disclaim any warranty for the Actually JFDI Companion. The Licensed Application and all applicable documentation is provided as-is, without warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Accordingly, the Licensee accepts any risk arising out of the use or performance of the App.
Limited Liability
The Licensee agrees that the Actually Changing the World Ltd shall not be liable to the Licensee, or any other related person or entity claiming any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise – even if Actually Changing the World Ltd has been advised of the possibility of such damages. These limitations shall necessarily apply regardless of the primary purpose of any limited remedy. Under no circumstances shall Actually Changing the World Ltd’s aggregate liability to the Licensee, or any other person or entity claiming through the Licensee, exceed the actual monetary amount paid by the Licensee to Actually Changing the World Ltd for the App.
Indemnification
You hereby agree to indemnify and hold Actually Changing the World Ltd harmless from and against all liabilities, damages, losses or expenses, including but not limited to reasonable attorney or other professional fees in any claim, demand, action or proceeding initiated by any third-party against Actually Changing the World Ltd, arising from any of your acts, including without limitation, violating this EULA or any other agreement or any applicable law.
Entire Agreement
This Agreement rightly constitutes the entire understanding between the Actually Changing the World Ltd and the Licensee and all parties involved. It supersedes all prior agreements of the parties, whether written or oral, express or implied, statement, condition, or a representation or warranty.
Governing Law and Jurisdiction
This EULA shall be deemed to be construed under the jurisdiction of the courts located in United Kingdom, without regard to conflicts of laws as regards the provisions thereof. Any legal action relating to this EULA shall be brought exclusively in the courts of United Kingdom, and all parties consent to the jurisdiction thereof. Furthermore, the prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, legal fees. Accordingly, this EULA is made within the exclusive jurisdiction of the United Kingdom, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
FIRSTLY…and before we get into the fine print…as the Founder of Actually, I’d like to give you my personal, 100% iron-clad, guarantee that I will not subject you to SPAM. I don’t like SPAM. I don’t agree with SPAM. I do not use SPAM. And you can unsubscribe at any time. No hard feelings. Promise.
Now here’s the fine print…
This privacy notice provides you with details of how we collect and process your personal data through your use of our site actually.world
By providing us with your data, you warrant to us that you are over 13 years of age.
Sara Price is the data controller and is responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
1. CONTACT DETAILS
Our full details are:
Full name of legal entity: Actually Changing the World Ltd trading as Actually
Email address: talk@actually.local
Registered address: Oast Business Centre, North Frith Farm, Ashes Lane, Tonbridge, Kent, TN11 9QU, United Kingdom
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at talk@actually.world
2. WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT
Personal data means any information capable of identifying an individual. It does not include anonymised data.
We may process the following categories of personal data about you:
Communication Data: that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Under the UK General Data Protection Data Regulations, we are only legally able to process your personal data if we have a lawful ground for doing so. Our lawful ground for processing communication data is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
Customer Data: that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Under the UK General Data Protection Data Regulations, we are only legally able to process your personal data if we have a lawful ground for doing so. Our lawful ground for processing customer data is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
User Data: that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Under the UK General Data Protection Data Regulations, we are only legally able to process your personal data if we have a lawful ground for doing so. Our lawful ground for processing user data is our legitimate interests which in this case are to enable us to properly administer our website and our business.
Technical Data: that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Under the UK General Data Protection Data Regulations, we are only legally able to process your personal data if we have a lawful ground for doing so. Our lawful ground for processing technical data is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
Marketing Data: that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Under the UK General Data Protection Data Regulations, we are only legally able to process your personal data if we have a lawful ground for doing so. Our lawful ground for processing marketing data is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and / or to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
We may also process Aggregated Data from your personal data but this data does not reveal your identity and as such in itself is not personal data. An example of this is where we review your Usage Data to work out the percentage of website users using a specific feature of our site. If we link the Aggregated Data with your personal data so that you can be identified from it, then it is treated as personal data.
Sensitive Data: We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at talk@actually.world In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
We do not carry out automated decision making or any type of automated profiling.
3. HOW WE COLLECT YOUR PERSONAL DATA
We may collect data about you in the following ways:
Direct interactions: You may provide data by filling in forms on our site (or otherwise) or by communicating with us by post, phone, email or otherwise, including when you:
Automated technologies or interactions: As you use our site, we may automatically collect Technical Data about your equipment, browsing actions and usage patterns. We collect this data by using cookies, server logs and similar technologies. We may also receive Technical Data about you if you visit other websites that use our cookies. Please see our cookie policy (below) for further details.
Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:
4. MARKETING COMMUNICATIONS
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).
Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.
We will never share your personal data with any third party for their own marketing purposes.
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing us at talk@actually.world at any time.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below:
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
We are subject to the provisions of the UK General Data Protection Regulations that protect your personal data. Where we transfer your data to third parties outside of the UK, we will ensure that certain safeguards are in place to ensure a similar degree of security for your personal data. As such:
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
7. DATA SECURITY
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
8. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.
In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
You can see more about these rights at:
https://ico.org.uk/for-organis…
If you wish to exercise any of the rights set out above, please email us at talk@actually.world
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
10. THIRD-PARTY LINKS
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
11. COOKIES
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy (below).
Cookie Policy
What’s a cookie?
A “cookie” is a piece of information that is stored on your computer’s hard drive and which records how you move your way around a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and for advertising and marketing purposes.
Cookies are used by nearly all websites and do not harm your system.
If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
How do we use cookies?
We use cookies to track your use of our website. This enables us to understand how you use the site and track any patterns with regards how you are using our website. This helps us to develop and improve our website as well as products and / or services in response to what you might need or want.
Cookies are either:
– Session cookies: these are only stored on your computer during your web session and are automatically deleted when you close your browser – they usually store an anonymous session ID allowing you to browse a website without having to log in to each page but they do not collect any personal data from your computer; or
– Persistent cookies: a persistent cookie is stored as a file on your computer and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. We use persistent cookies for Google Analytics.
Cookies can also be categorised as follows:
– Strictly necessary cookies: These cookies are essential to enable you to use the website effectively, such as when buying a product and / or service, and therefore cannot be turned off. Without these cookies, the services available to you on our website cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
– Performance cookies: These cookies enable us to monitor and improve the performance of our website. For example, they allow us to count visits, identify traffic sources and see which parts of the site are most popular.
– Functionality cookies: These cookies allow our website to remember choices you make and provide enhanced features. For instance, we may be able to provide you with news or updates relevant to the services you use. They may also be used to provide services you have requested such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymised.
Please note that third parties who advertise on our website (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
For more detailed / technical information please see here: detailed cookie policy