This privacy policy applies between you, the User of this Website and Gung Ho Freestak Ltd (thereafter Freestak), the owner and provider of this Website. Freestak takes the privacy of your information very seriously.

This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which can be found below.

Please read this privacy policy carefully

Definitions and interpretation

  1. In this privacy policy, the following definitions are used:
Datacollectively all information that you submit to Freestak via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Cookiesa small text file placed on your computer by this Website when you visit certain parts of the Platform or Website  and/or when you use certain features of the Platform or Website. Details of the cookies used by this Platform and Website are set out in the clause below (Cookies);
Data Protection Lawsany applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
GDPRthe General Data Protection Regulation (EU) 2016/679;
Freestak, we or us‘Gung Ho Freestak Ltd, a company incorporated in England and Wales with registered number 13665146 whose registered office is at Unit 9 133-137 Newhall Street, Birmingham, United Kingdom, B3 1SF (thereafter Freestak);’
UK and EU Cookie Lawthe Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User or youany third party that accesses the Website and is not either (i) employed by Freestak and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Freestak and accessing the Website in connection with the provision of such services; and
Websiteincludes all platforms and websites available under the, domain and any sub-domain or sub-directory of this domain (including but not limited to the platforms at, and the corporate website at, unless expressly excluded by their own terms and conditions, all together defined as the "Website"
  1. In this privacy policy, unless the context requires a different interpretation:
    1. the singular includes the plural and vice versa;
    2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
    3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
    4. "including" is understood to mean "including without limitation";
    5. reference to any statutory provision includes any modification or amendment of it;
    6. the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

  1. This privacy policy applies only to the actions of Freestak and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
  2. For purposes of the applicable Data Protection Laws, Freestak is the "data processor" and You are the “data controller”.

Data collected

  1. We may collect the following Data, which includes personal Data, from you:
    1. name;
    2. date of birth;
    3. gender;
    4. contact Information such as email addresses and telephone numbers;
    5. IP address (automatically collected);
    6. web browser type and version (automatically collected);
    7. operating system (automatically collected);
    8. social media account username as provided by the user at sign-up, and publicly available data of those social accounts (posts, comments, likes); personal information as provided by the user in their private profile (such as phone number, postal address, shoe and apparel size and other information related to the good running of influencer marketing campaigns;

in each case, in accordance with this privacy policy.

How we collect Data

  1. We collect Data in the following ways:
    1. data is given to us by you; and
    2. data is collected automatically.

Data that is given to us by you

  1. Freestak will collect your Data in a number of ways, for example:
    1. when you contact us through the Website, by telephone, post, e-mail or through any other means;
    2. when you register with us and set up an account to receive our products/services;
    3. when you use our services;
    4. when users complete their private profile, apply for campaigns and use the internal messaging system to communicate with other users; when users participate in influencer marketing campaigns and tag brands or use the campaign-related hashtag;

in each case, in accordance with this privacy policy.

Data that is collected automatically

  1. To the extent that you access the Website, we will collect your Data automatically, for example:
    1. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
    2. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".

Our use of Data

  1. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
    1. internal record keeping;
    2. to allow delivery of our products and services to You;

in each case, in accordance with this privacy policy.

  1. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
  2. When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Who we share Data with

  1. We may share your Data with the following groups of people for the following reasons:
    1. our employees, agents and/or professional advisors - to ensure the good running of Influencer marketing Campaigns, for example to match users with the best Brand opportunities; to send User selected for a Campaign the correct sized apparel / shoes / gifts; to pay a pre-agreed fee;
    2. Brands (influence and outdoors sports brands who are using the Website to find content creators to collaborate with) - to allow Brands to evaluate and select Users to collaborate with, and to allow Brands to manage those collaborations;
    3. any sub-processors required for the delivery of our services to you, including third party payment providers.

in each case, in accordance with this privacy policy.

Keeping Data secure

  1. We will use technical and organisational measures to safeguard your Data, for example:
    1. access to your account is controlled by a password and a user name that is unique to you.
    2. we store your Data on secure servers.
  2. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address:
  3. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit Get Safe Online is supported by HM Government and leading businesses.

Data retention

  1. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.
  2. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

  1. You have the following rights in relation to your Data:
    1. Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
    2. Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
    3. Right to erase - the right to request that we delete or remove your Data from our systems.
    4. Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
    5. Right to data portability - the right to request that we move, copy or transfer your Data.
    6. Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
  2. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address:
  3. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at
  4. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.

Transfers outside the European Economic Area

  1. Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA.
  2. We will only transfer Data outside the EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, eg by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission, or by signing up to the EU-US Privacy Shield Framework, in the event that the organisation in receipt of the Data is based in the United States of America.
  3. To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.

Links to other websites

  1. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

  1. Freestak may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Freestak. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
  2. We may also disclose Data to a prospective purchaser of our business or any part of it.
  3. In the above instances, we will take steps with the aim of ensuring your privacy is protected.


  1. This Website may place and access certain Cookies on your computer. Freestak uses Cookies to improve your experience of using the Website. Freestak has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
  2. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
  3. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Freestak to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
  4. This Website may place the following Cookies:
Type of CookiePurpose
Strictly necessary cookiesThese are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Functionality cookiesThese are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  1. You can find a list of Cookies that we use in the Cookies Schedule.
  2. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
  3. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
  4. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
  5. For more information generally on cookies, including how to disable them, please refer to You will also find details on how to delete cookies from your computer.


  1. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
  2. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
  3. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  4. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.


  1. We use certain sub-processors to effectively deliver our service and products to you. Any sub-processor we engage with represents that they have adequate data protection measures in place equivalent to ours. We may add, remove or change any of our sub-processors at any time. Our current sub-processors include:

User-submitted data is stored with Digital Ocean (username, profile data):

Social-media data is stored with AWS:

Changes to this privacy policy

  1. Freestak reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations. You may contact Freestak by email at


Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please let us know.

Strictly necessary

We use the following strictly necessary cookies:

Description of CookiePurpose
account_triggerRequired to display menu on mobile phones
cookieconsent_dismissedTo remember that you have seen the cookie message required by law


We use the following functionality cookies:

Description of CookiePurpose
ambassador_download_finished, download_finishedTrigger for CSV downloads of analytical reports
intercom-session, intercom-session-ijekdlnwNeeded for Intercom - the plugin that powers our messaging system
tokenCookies token
_ga,For Google analytics, so we know what pages within our platform you have already visited

Freestak Terms & Conditions

These terms and conditions of use (“Terms and Conditions”) apply to the use of the Platform and services operated by Gung Ho Freestak Ltd (thereafter Freestak). Gung Ho Freestak Ltd, a company incorporated in England and Wales with registered number 13665146 whose registered office is at Unit 9 133-137 Newhall Street, Birmingham, United Kingdom, B3 1SF. By using this Platform you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions you must stop using the Platform immediately.
  1. Definitions:

Brand: a commercial entity or organisation entering a contract or services agreement with Freestak, otherwise referred to as a ‘Client’ in any Services Agreement or Subscription Agreement

Influencer: an individual (or group of individuals) who is active online, regularly creates content that is at least in part about the endurance sports, outdoors or adventure sectors, with an appropriate reach on social media, and who has been deemed relevant by the Freestak team after a qualitative and quantitative vetting process

Campaign: a promotional activity that a brand creates and deploys to engage with influencers, which can be over either (a) a specific time-bound period, or (b) ongoing with no set end date

Services: the delivery of services by Freestak employees and partners. If a Brand has opted for Freestak Services, those will be detailed in a separate ‘Services Agreement’ document to be signed by both parties

Retainer: the on-going provision of Services

Platform: the self-service online platform

Subscription: the on-going access to the Platform

Subscription Agreement the agreement entered into between Freestak and each individual Brand containing the details of the Brand’s Subscription to the Platform

Subscription Level: the level of access the Brand is granted on the Platform (either Standard, Premium, Enterprise) and its associated cost

  1. Scope
    • Freestak (“Freestak”, “we”, “us”, “our”) operates and maintains the Platform to allow Brands to browse, connect and engage with
    • These Terms and Conditions apply to all registration requests and/or Subscriptions submitted through our Platform or through any of our employees. By signing a contract for Subscription with us, you acknowledge that you have read and understood and agree to these Terms and Conditions.
    • Any terms and conditions of any Brand with provisions deviating from and/or additional to these Terms and Conditions do not apply unless we expressly agree to them in writing. This further applies in the event we accept a registration request without expressly objecting or being made aware of your own terms and conditions.
  2. Platform Subscription
    • The use of the Platform and the fees charged for your Subscription to the Platform will be detailed in a separate Subscription Agreement.
    • The use of the Platform requires a registration on and authentication of Instagram/Facebook accounts.
    • Registration automatically grants Freestak the right to use the Brand’s name and logo as a reference for Freestak’s services including in any promotional or marketing material.
    • In relation to Brands, once you register with us, you will receive access to the Platform and the right to use its technical functionalities, in addition:
      • A Brand profile that is available for registered users to see;
      • A list of all the Influencers who have signed-up to the Platform, filterable and sortable;
      • A list of the pitches that have created by Influencers;
      • A messaging system (1:1 and group)
      • A Campaign feature that allows Brands to create and publish a Campaign specification on the Platform for Influencers to see, apply to, and to shortlist and select applicants to complete the Campaign;
      • A Campaign dashboard that displays Campaign statistics.
      • Potential additional features linked to a specific Subscription Level as specified in the Subscription Agreement (for example Ambassador Management feature)
    • For the avoidance of doubt, Platform Subscriptions are limited to the provision of the Platform and its technical functionalities. Freestak cannot be held responsible with respect to the identification of specific Influencers, their suitability for the intended Campaign, their behaviour, or for the performance of the C
    • Freestak may, from time to time, at no additional charge, permit Brands to use certain pre-release Platform features in connection with experimental testing by Brand that are not commercially available (“Free Services”). In case we offer you the opportunity to participate in such Free Services, the following shall apply:
      • Free Services are provided solely and exclusively on an “as-is” basis, without warranty, support or indemnities of any kind. The Brand unconditionally releases Freestak from any and all risks associated with the use of any Free Services.
      • Freestak may discontinue the Free Services at any time without notice and without liability to the Brand.
    • Freestak will use reasonable endeavours for the Platform to be available 99% of the time. In the event of planned maintenance that may cause downtime, we will do our utmost to plan those outside of business hours and will notify you in advance whenever possible. We may not be held responsible for any potential consequences or indirect liabilities due to lack of access to the Platform at any time.
    • Freestak will use reasonable endeavours for the Platform Analytics to be as accurate as possible; however this might occasionally be limited, for example because of changes in access to our external data providers (such as Facebook, Instagram or Google)
  3. Campaigns
    • Brands may create and publish the number of Campaigns that is stated in their Subscription Agreement and/or Services Agreement. They may invite as many Influencers to take part in each Campaign as they wish.
    • It is the responsibility of the Brand to brief and instruct the Influencers on the purpose, scope, aim and any specific characteristics of the Campaign as well as the use of the assets the Influencer might be using or creating during the Campaign. Freestak will not be responsible for briefing or explaining any Campaign to any Influencers.
    • Brands have sole responsibility to ensure that any content they provide to Influencers in relation to any Campaign does not infringe any third party rights and/or any applicable statutory provisions, including but not limited to Intellectual Property rights and legislation, data privacy law and media law. Further, Brands must ensure that all Campaigns include any and all mandatory product information as requested by European law and adhere to all advertising laws and regulations. Each Brand undertakes to respect any applicable terms and conditions of third party websites, including, without limitation, any social media websites.
    • Brands must not post content on that is defamatory, derogatory, discriminatory, ethically immoral or offensive in any way, and they may not ask an Influencer to do so.
    • Freestak is entitled but not obliged to screen Campaigns on a random basis before their activation in order to verify their compliance with these Terms and Conditions.
    • Freestak may, at its sole discretion, deactivate or remove any Campaign which, in Freestak’s reasonable opinion, is in breach of these Terms and Conditions. Where possible Freestak will notify a Brand in advance that a Campaign is to be removed, however, in some instances Freestak may remove a Campaign without advanced notice. Freestak undertakes to inform the Brand without undue delay in case a Campaign has been removed.
  4. Financial compensation of Influencers
    • Freestak neither prevents nor encourages the financial compensation of Influencers on the Platform by Brands. It is up to the Brands to decide whether they would like to compensate Influencers financially, or whether they would like to provide incentive in kind (products or services).
    • No Influencer is to financially induce a Brand to enter into a Campaign with them.
    • Should a Brand choose to offer financial compensation to an Influencer, they must:
      • Ensure that they have the correct agreements in place directly with the Influencer, clearly stating what the financial compensation covers, and what is expected in return;
      • Ensure that payment to the Influencer is made on time and according to the agreed payment terms contained in an agreement between the parties;
      • Ensure that the Influencer follows the code of conduct regarding disclosure of paid endorsements;
      • Freestak may, at its discretion, assist with the preparation and agreement of terms and/or payment between any Brand and Influencers, but shall not be held responsible for such agreements or for the compensation of Influencers.
    • Freestak shall not be held liable in any way in case of a dispute between a Brand and an Influencer regarding any private commercial agreements between a Brand and an Influencer or in relation to any Campaigns.
    • Freestak shall not be liable in any way should an Influencer not follow the code of conduct regarding paid endorsements.
  5. Payments
    • The access to our Platform for Brands is subject to an annual S The Subscription fee is individually determined and specified by Freestak in a separate Subscription Agreement.
    • Services are subject to additional fees as specified by Freestak in a separate Services Agreement.
    • Unless otherwise stated (i) fees are quoted and payable in £ Sterling; (ii) fees are payable monthly in advance; (iii) the standard Subscription term is 12 months; (iii) Subscriptions cannot be decreased during the relevant subscription term; (iv) payment obligations are non-cancellable and payments are non-refundable, (v) Freestak may charge the Brand a late payment fee or an administrative processing fee in connection with certain transactions.
  6. Services
    • Upon request, Freestak may provide a Brand with agency services such as Influencer Management, Campaign Management, Digital Project Management, Social Media Management, Copywriting, Online Advertising Management, Video services, Graphic Design, Website Design and Development, Events Management etc.
    • Any agreed provision of Services by Freestak will be subject to a separate Services Agreement.
    • All materials supplied by the Brand will remain the property of the Brand and will be returned at the Brand’s expense upon request or no more than 30 days from the termination of the Subscription or Services Agreement.
    • The results of any work produced by Freestak for a Brand, including original creative work will remain the property of the Brand, unless otherwise specified in the Services Agreement or a Retainer Agreement. A Brand may use this material in any way deemed appropriate, unless it is covered by copyright.
  7. Retainer
    • Any agreed Retainer for Services will be the object of a separate retainer agreement (“Retainer Agreement”).
    • During the Retainer period, Freestak agrees to devote a pre-agreed number of hours per month on assignments to be determined by the Brand (thereafter “Scope of Work”). Work will normally be performed at the Freestak offices but occasionally may take place at the Brand’s offices or other locations, as required, in which case travel time will be taken into account. Work priority and scheduling will be at the discretion of the Brand and will be reviewed periodically. Freestak may agree to deliver work that is beyond the Scope of Work at no additional cost, at its discretion; however, regular over-delivery may result in a revised Scope of Work. Work will normally occur between the hours of 9am to 6pm GMT on weekdays.
    • The fee for the Retainer will be set in the Retainer Agreement and an invoice for the full amount will be generated at the start of the Retainer.
    • Payment of the Retainer fee will be made by bank or credit card payment on a monthly basis in advance, and must be received by Freestak by the last day of the previous month.
    • Services that are outside of the Scope of Work will be billed separately by the hour or day, provided that they have been agreed by the Brand in writing prior to execution. Additional Services will generally not necessitate a separate Service Agreement, unless one is requested by the Brand.
    • Costs and expenses incurred by Freestak in associated with the Retained Services (for example: shipping, travel, venue rental and refreshments for events, photographer etc) will be billed separately and are payable upon receipt.
    • The duration of the Retainer will be set in the Retainer Agreement. The Retainer Agreement may be terminated on 90 days’ written notice by either Freestak or the Brand. In case of termination, Freestak shall make a reasonable attempt to finish work in progress.
  8. Termination
    • Termination provisions relating to any Subscription by a Brand are contained in individual Subscription Agreements.
    • Either party may terminate these Terms and Conditions in the event that:
      • they cease to do business, or otherwise terminate their business operations, except as a result of an assignment permitted hereunder;
      • the other party breaches any material term of these Terms and Conditions or any applicable Subscription Agreement and does not cure the breach within 30 days;
      • the other party goes insolvent, bankrupt or enters into a voluntary liquidation or equivalent legal process;
    • Freestak may terminate these Terms and Conditions in the event we reasonably believe a Brand or Influencer to have breached any laws or regulations.
  9. Defects and warranties
    • We do not warrant that any Services or the Platform will meet your requirements or that their operation will be uninterrupted or error free. You acknowledge that we are not responsible for any of your online accounts or customer feedback and any effect these may have on your business or reputation.
  • To the extent permitted by law we hereby exclude all express and implied warranties and conditions relating to the Services or Platform. The only exceptions being that we do not exclude our liability where to do so would not be permissible under applicable law.
  • We are not liable (i) improper use of the Platform; (ii) non-compliance with the applicable Terms and Conditions; (iii) modifications not authorised by us in writing; (iv) failure or functional limitations of any third party software or impacting systems; (v) viruses or other malware not introduced by us; or (vi) negligence, abuse, accident, or other causes beyond our control. To the extent permitted by law, we disclaim all warranties other than those set out in these Terms.
  • We reserve the right to temporarily take down the Platform or parts thereof in case we reasonably conclude that the Brand, Influencers or any other third parties are using the Platform to engage in (a) denial of service attacks, (b) spamming, (c) improper uses according to these Terms and ConditionsT&Cs, (d) illegal activity, and/or (c) actions that are causing immediate and material harm to Freestak or others. Any suspension or takedown in such circumstances shall not be deemed a defect.
  1. Limitation of Liability
    • We shall be liable for defects of our services as described in section 3.5. A Brand is not entitled to a specific design of the Platform or any specific Services other than determined in these Terms and Conditions.
  • Our liability to you under the Subscription Agreement is limited to the amount paid by you under the Subscription Agreement in the 12 months preceding the date on which you first bring your claim against us.
  • Neither Party will be liable for indirect, special or consequential costs or damages, or lost revenues or profits, downtime costs, claims for misrepresentation, or loss or damage to data.
  • This clause does not limit either party’s liability for any liability which may not be limited or excluded by applicable law.
  • To the extent that a liability of Freestak is excluded or limited, this also applies to Freestak’s directors, employees, representatives and agents.
  1. Data Privacy
    • Brands represent and warrant to comply with the statutory data privacy provisions applicable to the individual advertising Campaign. That particularly applies to the collection, storage and processing of personal data through the respective advertisement Campaign. You acknowledge that wherever you are handling or processing personal data including personal data of Influencers, you do so in accordance with all applicable laws and obtain the required consent to cover the extent of your intended use of such personal data.
    • We represent and warrant that we process any collected personal data in accordance with the applicable statutory provisions. For details on how we collect, store, process and protect personal data please refer to our Data Privacy Policy available on our website and Platform.
    • Any Brand shall keep all access data for the Platform strictly confidential. The Brand shall promptly inform Freestak in the event that it learns or suspects that an unauthorized third party is in possession of the Access Data. We are not liable for any misuse of access data due to the Brand’s mis-handling of its access data.
  2. Confidentiality
    • The parties shall not disclose to any third party any confidential information of the other party, including, but not limited to, the subject and the concrete design of the advertisement, any data (including any usage data and compilations thereof), information or software relating to the Platform; and/or any other information designated in writing, or identified orally at the time of disclosure by the disclosing party, as “confidential”.
    • The foregoing restriction does not apply to information that has been developed independently by the receiving party without access to the other party’s confidential information, or has been rightfully received from a third party authorized to make such disclosure, or has been approved for release in writing by the disclosing party, or has become publicly known through no breach of the confidentiality obligation, or is required to be disclosed by a competent legal or governmental authority, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to disclosure and assists in obtaining an order to protect the information from public disclosure.
    • This confidentiality obligation shall survive any termination of the contractual relationship between any Brand and Freestak.
  3. Platform usage restrictions
    • A Brand or Influencer may not:
      • sell, resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit its access to the Platform and the Subscription for the benefit of any third party;
      • use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the hosting environment or the Platform;
      • incorporate any data mining, robots or similar data gathering or extraction methods into the Platform;
      • copy, translate, modify, reverse engineer, reverse assemble, disassemble, or decompile the software of the Platform or any part thereof or otherwise attempt to discover any source code of the Platform; or
      • remove, obfuscate or alter any default disclaimers or copyright notices featured on the Platform for display on the advertising Campaign (such as footers) without Freestak’s prior knowledge and consent.
    • All Brands and Influencers shall protect, defend, indemnify and hold harmless Freestak, and all its officers, directors, agents, employees and representatives, from and against any and all cost and expenses of any nature whatsoever (including legal costs and disbursements), claims and judgements arising out of, or in any way connected with, any claim for the violation by the Brand or Influencer of any statutory or regulatory obligation, any claim for injury or damage to property, personal injury, death or other cause of action involving any claim arising out of the Brand or Influencer’s activities pursuant to the Subscription or other conduct of its businesses.
  4. Assignment, third party rights and entire agreement
    • All or any of Freestak’s rights and obligations under the Agreement may be assigned to a subsequent owner or operator of the Platform in a merger, acquisition or sale of all or substantially all of Freestak’s business or assets.
    • No Brand is not entitled to assign or transfer any or all of its rights under these Terms and Conditions without the prior written consent of Freestak.
    • If any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
    • Any amendments or supplements to these Terms and Conditions must be in writing to be effective.
    • We reserve the right to amend these Terms and Conditions at any time. Brands and Influencers will be notified of changes to the Terms and Conditions in appropriate form through the Platform or via email. By continuing to use the Platform, the Brand and/or Influencer confirms agreement with the updated Terms and Conditions. If any Brand or Influencers does not agree with the updated Terms and Conditions, they are able to termination their Subscription Agreement with 30 days written notice to us.
  • The ability of third parties to enforce any rights under the Contracts (Rights of Third Parties) Act 1999 is hereby excluded.
  1. Insurance
    • Brands confirm they have professional indemnity insurance in place before undertaking any Campaign.
  2. Jurisdiction
    • These Terms and Conditions, the use of the Platform as well as the contractual relationship between the Parties shall be governed and interpreted according to the laws of England and Wales and in the event of a dispute the parties agree to the exclusive jurisdiction of the courts of England and Wales.