Terms and Conditions

The terms and conditions for using the online computer program eFollowr, created by the company Informacijsko tehnološki center, d.o.o., Trg Leona Štuklja 5, 2000 Maribor, Slovenia, registration number: 2043653 (hereinafter IT center), govern the legal relationship between the IT-center and the tenant/user of the eFollowr program as well as the Terms of Use of the software solution.

By registering, the tenant explicitly agrees to the terms of the eFollowr software solution, enters into a contractual relationship with the IT-center, and confirms that they are able to be the holder of rights and obligations under this contract.

Each tenant is allowed to use the eFollowr software solution under the General Terms and Conditions. Unauthorized use of the eFollowr software solution or any use contrary to the General Terms and Conditions is considered a copyright infringement. The copyright holder and the eFollowr software solution source code holder is the IT-center.

Definitions

• A tenant represents the legal entity and all natural persons that use the eFollowr program for business purposes of that legal entity for the fee imposed.
• IT-center is a company that offers the use of the eFollowr software solution online and via other media.
• The eFollowr software solution represents all websites of the IT-center, including the eFollowr program and instructions.
• The eFollowr program consists of the eFollowr website and the eFollowr mobile app.
• A user is any mobile device in the possession a natural or legal persons that has downloaded and installed the eFollowr mobile app. The mobile app can be downloaded free of charge.
• A follower is a user that has voluntarily subscribed to receive information, offers, coupons or loyalty cards from one or more companies/tenants.

Login

The tenant agrees not to use and/or register to the eFollowr using a name of a third party.

Use

The tenant is only allowed to use the eFollowr software solution for purposes for which it is intended. The tenant agrees not to use the eFollowr software solution maliciously.

The IT-centre has the right to immediately and without notice disconnect and disable access to the eFollowr program for tenants, for which there are reasonable grounds for believing that their IP address is connected to activities that aim to saturate the connection and/or overload the network or the eFollowr software solution or jeopardize the safety and/or operation of computers/IT-center equipment/computers of a third party up until the breach of terms and conditions has been eliminated, regardless of whether the tenant is familiar with these activities or not, and whether they are being carried out by the tenant or by a third party using the tenant’s equipment.

Unauthorized use

The tenant is not allowed to:

• publish, send, transmit, and/or share content that violates the laws of the country, including the use of false, offensive, threatening, degrading, vulgar, racist or other content that promotes hatred on any ground, including the content that violates copyrights and other intellectual property rights, discloses information, which are considered confidential for business or other purposes, and personal data of a third party, or violates the right to privacy of a third party;
• publish, send, transmit, and/or share content that violates the rights of children and the right to privacy of other tenants and third parties;
• advertise openly or in secret any products or services that are not marketed under the brand name of the tenant;
• use the program, its content and functions in a way that may harm the IT-center, other tenants or third parties;
• falsely represent themselves for the purpose of damage, threats, manipulation, or deception of the IT-center, other tenants or third parties;
• post, send and download unwanted content to tenants or third parties without their prior consent or request, including continuously sending materials of the same type or with similar content (spamming);
• impede or prevent other tenants to use of the eFollowr software solution and website;
• knowingly publish, transmit, transfer and/or share content containing computer viruses, worms, computer codes, files or programs that may cause obstruction, restrictions of operation or destruction of any computer program or any computer or other equipment;
• collect, store, transmit and use any personal data of followers without their authorization.

By using the eFollowr software solution, the tenant allows the company to check whether the content they submit, post, transmit or exchange is in accordance with the General Terms and Conditions and regulations. The IT-center does not monitor or edit the content of tenants before publishing. Since the monitoring is not consistent, the IT-center cannot guarantee the content, published on the eFollowr website or mobile app, is genuine, available, and in accordance with the General Terms and Conditions, nor are they liable for the origin of such content.

In the case of published content that violates the basic concept and intention of the eFollowr software solution and thereby causes or is able to cause any problems or conflicts, regardless of whether or not the General Terms and Conditions permit that content, the IT-center reserves the right to remove such content at its sole discretion without further explanation. Such regulations aim to protect all tenants that use the eFollowr software solution for what it is intended and protect the IT-center against unexpected, inappropriate, or malicious acts of tenants who have registered for the wrong reasons.

Customer's support

The IT-center provides customer support to tenants of the eFollowr software solution. That includes eliminating errors in the operation of the software as well as assistance and explanations about the operation of the eFollowr program via e-mail at support@efollowr.com.

The tenant is obligated to communicate the errors of the eFollowr software solution or on any of the IT-center websites to the IT-center as soon as possible to allow a timely implementation of necessary measures and additions to the program. The IT-centre is not responsible for any damage that the errors mentioned above may cause.

Registration and costs

The tenant that wises to use the eFollowr program must register by forwarding their information to the IT-center and choosing the package they wish to use. The tenant can choose between different functions of the eFollowr program that are covered in three different software packages. The first package allows the creation of an inner circle of known and unknown followers, sharing information, images or audio files, reviewing whether the followers have read the information and last-minute informing of followers about Happy Hours. The second package includes all of the features of the first package and the function of sending, recording and tracking coupons, creating deals with a limited number of products or services available, and informing about special offers. The third package includes all of the features of the first and second package and a system for electronic loyalty cards.

By registering, the tenant agrees to the General Terms and Conditions of the eFollowr program and the contractual relationship of indefinite duration. The IT-center sends the tenant an email with an invoice for the costs of registrations and two-month user fee. After settling the invoice, the IT-center sends the tenant an original receipt for the completed transaction and notifies the tenant they can begin using the program.

Method of payment

Using the eFollowr program is available in exchange for a fee. The eFollowr mobile app is available free of charge for followers. The IT-center will invoice the tenant for the use of the software package for a period of two months with a 15-day payment deadline. In the event that the tenant fails to pay the invoice in time, the IT-center reserves the right to block the use of software solutions for that tenant until the tenant settles the debt.

Termination of contract with the eFollowr program

The tenant may terminate the contractual relationship at any time in writing with a 30-day notice. The tenant is obliged to pay the proportional part of the user fee in accordance with the date of expiry of the contract.

The IT-Center may terminate the contractual relationship in writing in the following cases:

• The tenant acts contrary to the provisions of the General Terms and Conditions.
• There are reasons for terminating the contract on the basis of law, court order or administrative decision,
• The tenant has not settled the user fees for over 30 days.

Protecting access, confidentiality and data protection

The IT-center is entitled to keep statistics of access and use of the eFollowr software solution for their own needs. The IT-center will use all technical and economically appropriate measures available to protect the business data of tenants against unauthorized access by third parties. The IT-center shall not be liable if a third party manages to access this information in a legal or illegal manner (court order, burglary, etc.).

IT-center ensures, that all employees are familiar with the procedures and rules of data protection under the new General Data Protection Regulation (GDPR), which comes into effect on May 25th 2018 and the ZVOP-1.

The IT-Center ensures that the portal and mobile applications are organized according to the requirements of the EU regulation, which means:

• All content created in the portal do not contain personal data of physical persons. The data of legal entities are public knowledge.
• If an individual end-user/follower wishes to provide his or her personal information via a mobile application to the provider, he/she will have this option. The IT-Center will ensure that these data will be transmitted to the selected provider of the eFollowr software solution. The selected provider ensures that the data will be used according to the consent of the follower for a specific purpose, which has been previously appropriately provided.
• In order to ensure the necessary protection of the data, the provider ensures that all its user names and passwords are stored securely and will not in any case forward them to other legal or physical persons. In the event of a loss or theft of passwords, the provider is immediately obliged to inform IT-Center of this, which can help in the allocation of new passwords. In the event of non-observance of the rules for the protection of accessible passwords, the provider shall bear responsibility for all the damage that he might suffer due to the destruction or disclosure of his business data.

Your personal information entered is stored locally on your phone.

Confirmation allows you to use your personal information so that the selected provider can notify you of special offers. With the approval, you expressly consent to the processing of personal data, as stated in the privacy policy of the selected provider. You can revoke your consent at any time. In the event of a discontinuation of following the provider, your personal information with the provider will be deleted according to the EU regulations.

Disclaimer

The tenant agrees to use the eFollowr software solution, including all software, content and services accessible through the eFollowr software solution, at their own risk. The IT-center declares that all information and services offered are available as they are without a warranty of any kind for their accuracy and usefulness for the tenant’s work or purposes. The IT-Centre is not responsible for any direct or indirect damage that the tenant might suffer from the use of information and/or services of the eFollowr software solutions or any errors or incorrect information, which might find their way into the program.

The IT-center strives to provide accurate technical operation of the program. The center only assures proper functioning of the program on their website and is not responsible for any irregularities of illegal actions, which may be caused by inadequate use of equipment by the tenant.

Links to other websites

Some of the links in the eFollowr program and the IT-center’s website redirect users to other website, which are out o the center’s control. The IT-center cannot manage, control or verify the content of those websites. The IT-center offers these links as a useful add-on of the program. The links to other websites do not represent an endorsement of products, services or information by the IT-center nor do they mean there is a connection between the IT-center and the operators of those websites.

Final Provisions

The IT-center can change the General Terms and Conditions or pricing without prior consent of the tenant. In the event that the tenant does not agree with the modified terms and conditions or pricing, the tenant can terminate the contractual relationship. The parties agree that all disputes of their relationship will be dealt with amicably by mutual communication. In the event of failing to reach an agreement, the dispute will fall into the jurisdiction of the local court. All legal relations in connection with the General Terms and Conditions shall be governed by the law of the Republic of Slovenia.