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Terms and Conditions

Simplified Terms & Conditions for data usage from SocialHootz / LeadHootz.

Simplified Terms & Conditions for Data Usage

The data you obtain from SocialHootz is strictly for direct marketing purposes. It's designed to help you promote your offerings. You must not use the data in any other way, especially not for creating a data product or resource to be offered to anyone else or any product or service which could compete with SocialHootz.

  • Remember, the data always remains SocialHootz’s property. This agreement just lets you use it as we've both agreed upon.
  • You can only keep copies of the data if someone becomes your customer. Then, you're free to record their details based on what you originally received.
  • You agree to settle invoices within the agreed payment period. Have an issue with an invoice? Let us know immediately, no later than 7 days from noticing.
  • Once we receive your payment, we'll make the data available for download within one working day, unless we've agreed otherwise in writing.
  • Don't use the data without a valid license, and delete it once your license expires.
  • You're responsible for following all laws related to the data's use. SocialHootz isn't liable for how you use the data or any claims arising from that use. If there's any liability on our part, it's limited to the amount on your most recent invoice.

Depending on your license type:

  • Single Campaign Use: Use the data within one month from the license date.
  • 12 Month Use: Use the data as much as you need for up to 365 days from the license date.
  • Eternal Use: Use the data indefinitely.

Don't use the data without a current license, or if your license has run out, been canceled, or expired.

We keep an eye out for unauthorized data use. The penalties for this are hefty, to discourage any misuse.

This license is governed by English law, and any legal proceedings must occur in the UK.

This agreement overrides any prior agreements or discussions about this transaction. The SocialHootz Order Form is part of this agreement.

Any changes to this agreement need SocialHoot’z written consent beforehand. You can request the full Terms and Conditions or find them on our website.

1. Simplified Definitions

  1. SocialHootz: This refers to SocialHootz Limited, a company registered in England and Wales with the number 07858983.
  2. Controller: This is the individual or organization that decides why and how personal data should be processed.
  3. Purchaser: This is the individual or organization that agrees to buy goods and/or services from SocialHootz.
  4. Data Record: This is a single piece of information owned by SocialHootz, which usually includes details about a specific organization and a key person within that organization.
  5. Direct Marketing List: This is a collection of multiple data records, often in the form of a spreadsheet or database, used for marketing purposes.
  6. Licensee: This is the individual or organization permitted by SocialHootz to use the direct marketing list. It does not include any related third parties like parent or subsidiary companies. The licensee is responsible for how the marketing list is used.
  7. Processor: This is someone or an organization that handles data for the data controller.
  8. Processing: This refers to any action taken on the direct marketing list, like collecting, organizing, changing, storing, deleting, or sharing the data.
  9. Active Usage License: This is a permit from SocialHootz Limited that's currently valid, paid for, and not yet used up or canceled.
  10. GDPR: This stands for the General Data Protection Regulation, a law from the EU on data protection and privacy.
  11. UK GDPR: This is the UK's own version of the GDPR, tailored in 2018 to work with the Data Protection Act 2018.
  12. EU: Short for the European Union.
  13. Adequate Protection Territory: This is a region recognized by the EU or the UK's ICO as having strong data protection laws.
  14. Professionally Relevant Direct Marketing: This term refers to marketing activities that are appropriate and related to the professional interests of the individuals being contacted.
  15. Agreement: means this agreement between SocialHootz and the licensee for a license to use a direct marketing list on terms specified in this document and in the SocialHootz Order Form which shall be part of this agreement.

2. Law and Where We Settle Disputes

  1. The rules of this agreement follow English law.
  2. If we have any disagreements about this agreement, we'll sort it out in English courts.

3. The Whole Agreement

  1. This document is the full deal between us, replacing all previous versions and discussions.
  2. We're both agreeing that we haven't been promised anything outside of what's written here.
  3. We can't claim we were misled by anything not included in this agreement.
  4. Even if one part of this agreement doesn't apply or can't be enforced, the rest still stands.
  5. Any changes to this agreement have to be written down and signed by both of us.

4. Ownership and Use of Marketing Data (Copyright)

  1. SocialHootz owns all the rights to the marketing data, including copyright.
  2. You're allowed to use the marketing data only for sending out marketing materials and can't pass this permission to anyone else.
  3. You can't use the marketing data to make your own lists or products, or give it to others, like online services or directories, that might benefit from it.
  4. You can only share the marketing data with a service provider if they agree to use it just for sending out marketing materials for you.
  5. You can't copy, share, or give away the marketing list we provide, or use it for anyone else's benefit, like a related business, unless we say it's okay in writing.
  6. If someone from the list buys something from you or shows real interest in doing business, you can keep their info and it's yours to use. But remember, we still own the original data.

5. We're Not Responsible If Things Go Wrong (Limitation of Liability)

  1. If you use the marketing list in a way you're not supposed to, like sending spam or breaking privacy laws, we're not to blame.
  2. We do our best to make sure the list is correct when we give it to you. But if there are any mistakes, or if it causes you problems or losses, we're not liable for that.
  3. The most we might have to pay you, if we're found responsible for something, is the amount you paid us for the list.
  4. You must use the marketing list according to all relevant laws, like those about data protection, privacy, marketing, consumer rights, distance selling, and advertising.

6. General Rules

  1. You can only work with the marketing list if you have a valid license from SocialHootz.
  2. If you're going to let someone else handle the marketing list, you need a written contract that says they can do that.
  3. Any third-party working with the list must be in the EU or a place that follows GDPR rules.
  4. You need to make sure that the marketing list is kept safe, protecting personal details from being used wrongly or getting lost or damaged, by using the right security measures.
  5. SocialHootz's Responsibility for Data Estimates: SocialHootz won't be responsible for any costs if the number of data records changes from what was estimated. The numbers we give you in quotes are our best guesses, not promises.
  6. Responsibilities of the Purchaser and Licensee: If you're buying the list for someone else, you need to make sure they agree to these rules. You can only pass the list to them or someone they choose to handle it, and then you have to delete the list right after.
  7. Licensee's Obligation to Inform SocialHootz: Before you get the list, tell SocialHootz what you'll be marketing with it. We'll give you permission based on whether it's a good fit for the people on the list. If you want to change what you're marketing, you need to get SocialHootz's approval in writing first.

7. Following the Rules (Compliance)

  1. Any data you get from us, like copies or versions of the marketing list, should be clearly labeled to show it came from SocialHootz, and you should know when to stop using it.
  2. If you mix our data with other info, you need to track where each piece came from, so you can update or remove it if needed.
  3. If you get data from somewhere else, SocialHootz isn't responsible for it or what you do with it.

8. Don't Misuse the Data

  1. You're not allowed to share, sell, keep using after your license ends, steal, copy, or change the data in any way that we haven't said yes to.
  2. Penalties for Misuse: If you use the data without permission and we find out, you'll owe us ten times what you originally paid, and you have to pay it right away. You'll also need to prove that you've deleted all the data, including any copies others might have made for you.
  3. If you've sold the data to someone else, we can take you to court to get back our losses and any other money we think is fair for the trouble you've caused.
  4. Just because we say we'll do these things doesn't mean we can't do more; we have other rights and ways to fix the situation.
  5. We might also tell the official data protection authorities about the unauthorized use, which could get you in more trouble.

9. Our Promise of Quality

  1. If you get a bad contact from us that's marked as 'gone-away' or undeliverable, we'll make it up to you by giving you two good ones for every bad one. This offer is good for 30 days after you get the list.
  2. If we run out of good contacts to replace the bad ones, we'll just give you back twice what you paid for each bad contact.
  3. We can't be held responsible if you lose money because of wrong or disconnected email addresses we gave you.

10. How to Pay Us

  1. The order form you filled out is part of this deal.
  2. You need to pay us according to what we agreed on that form, or any other agreement we might have made.
  3. If you have a problem with the bill, tell us within a week of getting it.

11. When Your License Ends

  1. Once your license is up, you need to get rid of all the marketing data and any copies, even the ones others have made for you.

12. Receiving Your Marketing List

  1. We'll have the list ready for you to download the day after we get your payment.
  2. If we need to sort out different payment or delivery details, we'll write them down and agree on them beforehand.

13. One-Time Campaign License

  1. You can use the list as much as you want for a month after you get it.

14. Set Period License, Including 12 Months

  1. You can use the list throughout the license period.
  2. The license ends when that set time is up.

15. Forever License

  1. You can use the list indefinitely.