ChangeFolio Privacy Policy
Last updated: 30 July 2023
ChangeFolio (“ChangeFolio”, “Us”, “We”, or “Our”) understands that your privacy is important to you and that you care about how your Personal Data is used. We respect and value the privacy of everyone who visits this website, https://changefolio.com (“Our Site” or “Site”), the ChangeFolio CMS platform (“Our Platform”) and uses the offered services (“Our Services” or “Services”) and will only collect and use Personal Data in ways that are described here, and in a way that is consistent with our obligations and your rights under all relevant data privacy laws.
Please read this Privacy Policy carefully and ensure that you understand it. Regardless of what type of user you are as described below Account Administrator/User, End User and/or Site Visitor, this Privacy Policy creates a legal agreement directly between you and Us and explain the rules governing use of the Platform, Service and Site. If you do not agree with and accept this Privacy Policy, do not access or use our Site and/or Platform or any other aspect of Our business. You will be required to read and accept this
Privacy Policy when signing up for an Account to use Our Platform.
We may, from time to time, modify this Privacy Policy. Please check this web-page periodically for updates. We will comply with applicable legal obligations to provide you with relevant notice of changes to this Privacy Policy. Your continued use of the Site, the Platform and Services after any such update constitutes your acceptance of such changes.
Definitions and Interpretation
All terms in capitals not defined herein shall have the meaning assigned to them in Our Terms of Service. In this Policy the following terms shall have the following meanings:
“Account” | means an account required to access and/or use certain areas and features of Our Site and/or Platform and respective Services; |
“Cookie” | certain parts of Our Site or Platform and/or when you use certain features of Our Site or Platform. Details of the Cookies used by Our Site and Platform are set out in Part 13, below. |
“Cookie Law” | means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003. |
“Site Visitors” | means visitors of the Website. |
“User” | means a user or Account administrator of Our Platform. |
Information About Us
Our Site and Our Platform are owned and operated, and our Services are offered by ChangeFolio Ireland Limited, a limited company registered in Ireland under company number 623076.
Registered address: 5A Quinsborough Rd, Bray, Co Wicklow, Ireland, A98 HY48
Email address: [email protected]
Telephone number: +353 12 238 048
What is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’. Personal Data is, in simpler terms, any information about you that enables you to be identified. Personal Data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
What Does This Policy Cover?
This Privacy Policy applies only to your use of Our Site, Platform and respective Services. Our Site and Platform may contain links to other websites. Please note that we have no control over how your Personal Data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any Personal Data to them.
The Personal Data we collect depends on the context of your interaction and use of our Site, Services and Platform and the choices you make in relation to your privacy settings. If you have questions about Our business operations in connection with providing Services to an Account holder, please contact Us, as described in the How Do I Contact You section (Part 14).
1. Users
If you are or represent a User (incl. Administrator) that utilizes Our Platform, please see below our legal basis and learn how we process your Personal Data. When a User tries, subscribes or uses Our Platform and Services and obtains support for the above under an agreement with Us, We receive data from the User and collect and generate data based on Our legitimate interest to provide the requested Services (including improving, securing, and updating the Service), conduct our business operations, and communicate with the User, carry out business development and marketing activities and for administrative and auditing purposes.
The Personal Data provided by the User may include:
• Name;
• Email Address;
• Financial information when you make a subscription ((credit card details, account details, payment information);
• Identifiable IT information (IP addresses, usage data, cookies data, online navigation data, browser data);
• Telephone number;
• Business name;
• Payment information.
The Personal Data we collect while you use our Product and Services include:
• Web browser type and version;
• Operating system;
• Platform User settings;
• Log-in data (date and time);
• Data exports.
2. Stakeholder
If you are a Stakeholder in a change initiative who’s data has been added/imported to Our Platform by User, please see the terms and conditions and privacy policy of that User, and direct your privacy inquiries, including any requests to exercise your data protection rights, to the User. We are not responsible for the privacy or security practices of the User, which may differ from those set forth in this privacy policy. However, we process your Personal Data and act as data processors to the User that is the data controller.
The Personal Data of the Stakeholder provided by the User may include:
• Name;
• Email Address;
• Other custom form fields and profile information (organisation, occupation, location and other demographic information) subject to the Account set-up.
Stakeholders cannot access Our Platform at present, please see Our Site visitors section for any data collected from Our Site visitors. ChangeFolio’s processing of your Personal Data is governed by an agreement between ChangeFolio and the respective Account Administrator/Owner, who administrates their Account. ChangeFolio processes your Personal Data to provide its Services to the User.
3. Site Visitors
When you visit our Site the following information may be collected: your IP address, which browser version you use, time of your visit, how you use Our website and information about your device (e.g. geographical location, operating system, host name of accessing computer). For details, please read our Cookie Policy below under Part 13.
The above-mentioned data does not contain additional Personal Data and cannot be assigned to specific persons. You may choose to voluntarily submit your Personal Data by filling in the form(s) on our website (e.g. registration for a demo or free trial). Such personal information shall consist of your name, email address, employer name, country and job title.
4. Job applicants
When you apply for a position by either populating the application form, by email or through our Talent Management System and whether submitted directly by you or by a third-party recruitment agency on your behalf, we will use such data to evaluate you for the open position that you have applied for or any position that we consider you suitable for at the time you submit your resume or at any later date.
The Personal Data processed includes:
• Your contact information, such as name, email address, mailing address, phone number;
• any other information you volunteer, including during any interview or your interactions with us and contained in the resume that you submit to us;
• Personal Data of yours obtained from any third parties we work with in relation to our recruitment activities, including without limitation (and subject to local laws), recruitment agencies and your referees; and
• details of your education, qualifications and employment history, any other Personal Data which is contained in any reference about you that we receive.
What Are My Rights?
Under the GDPR, you have the following rights, which we will always work to uphold:
a) The right to be informed about our collection and use of your Personal Data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in “How Do I Contact You?”.
b) The right to access the Personal Data we hold about you. Part 12 will tell you how to do this.
c) The right to have your Personal Data rectified if any of your Personal Data held by us is inaccurate or incomplete. Please contact us using the details in “How Do I Contact You?” to find out more.
d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in “How Do I Contact You?” to find out more, response timeframe is within a month.
e) The right to restrict (i.e. prevent) the processing of your personal data.
f) The right to object to us using your personal data for a particular purpose or purposes.
g) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
h) Rights relating to automated decision-making and profiling. We do not use your Personal Data in this way.
For any query in relation to our use of your Personal Data or exercising your rights as outlined above, please contact us using the details provided in Part 15. Further information about your rights can also be obtained from the information commissioner’s office or your local citizens advice bureau. If you have any cause for complaint about our use of your Personal Data, you have the right to lodge a complaint with the information commissioner’s office.
How Do You Use My Personal Data?
Under the GDPR, we must always have a lawful basis for using Personal Data. This may be because the Personal Data is necessary for providing our Services to you, because you have consented to our use of your Personal Data, or because it is in our legitimate business interests to use it.
Your Personal Data may be used for one of the following purposes subject to your relevant consent or request:
• Providing and managing your Account on Our Platform;
• Providing and managing your access to Our Site, Platform and relevant Services;
• Operating our Site, Platform and provide Services;
• Personalising and tailoring your experience on Our Site and Platform;
• Supplying Our Platform for your usage and Services to you. Your personal details are required in order for Us to enter into an agreement with you.
• Personalising and tailoring Our Platform and Services for you upon your request.
• Communicating with you in order to offer our Services. This may include responding to emails, support tickets or calls from you.
• Supplying you with information by email that you have opted-in to (you may unsubscribe or opt-out at any time by submitting a ticket to our Help Center on Our Platform or sending an email to [email protected].
• Analysing your use of Our Site and Platform and gathering feedback to enable us to continually improve Our Site, Platform, Services and your overall user experience.
• Monitor, detect, prevent, cease prohibited or illegal activities and enforce our terms of service and all other policies.
With your permission and/or where permitted by law, we may also use your Personal Data for marketing purposes, which may include contacting you by email or telephone or text message with information, news, and offers on Our Platform and Services. You will not be sent any unlawful marketing content or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.
Third Parties whose digital tools we use on Our Site and Platform may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data they collect and use themselves, and we advise you to check the privacy policies of any such third parties.
How Long Will You Keep My Personal Data?
We will not keep your Personal Data for any longer than is necessary in light of the reason(s) for which it was first collected. Your Personal Data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):
• For as long as you keep a paid, trial or free Account with Our Platform.
• For as long as you remain subscribed (have positively opted-in) in our emailing list and wish to receive news and offers from us.
• If none of the above is, then we will keep your data for maximum period of two years following your initial communication or signup/Personal Data submission.
• For proper compliance with our legal, accounting and tax obligations.
How and Where Do You Store or Transfer My Personal Data?
We share your data with external third parties, as detailed below in Part 9, and some are based outside of the EEA. The following safeguards are applied to such transfers:
• We will only transfer your Personal Data to countries that the European Commission has deemed to provide an adequate level of Personal Data protection.
• Additionally, we use specific agreements and standard contractual clauses with external third parties that are approved by the European Commission for the transfer of Personal Data to third countries. These specific agreements and standard contractual clauses ensure the same levels of Personal Data protection that would apply under the GDPR. Please contact us using the details below in Part 14 for further information about the particular data protection mechanism used by us when transferring your personal data to a third country.
Data Storage
All Personal Data that you provide in order to receive the Services and use Our Platform is stored on secure Amazon Web Services servers located in Europe. Any payment transactions will be encrypted using SSL technology; All payment data is stored by our payment processors and is never stored on our servers. Where we have given you (or where you have chosen) a password that enables you to access your Account, you are responsible for keeping this password confidential. We recommend that you not share your password and that you change it frequently.
Do You Share My Personal Data?
We may sometimes enter into agreements with the following third parties to be able to offer certain features of Our Site, the Platform and Services under our capacity as data controllers. These may include payment processing, delivery, and marketing. In some cases, those third parties may require access to some or all of your Personal Data that we hold.
• .com (online credit card payments)
• Zoho Desk (Customer help center and support tickets)
• ActiveCampaign (CRM, form handling, appointment scheduling and user analytics)
• Google Analytics (website user analytics)
• Amazon AWS (data transfer and storage)
• HotJar (website user analytics)
• Google AdWords (targeting and tracking of ad campaigns)
• Facebook (targeting and tracking of ad campaigns)
• Breezy HR (job applicant tracking and management)
If any of your Personal Data is required by a third party, as described above, we will take steps to ensure that your Personal Data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 8. If any Personal Data is transferred outside of the EEA, we will take suitable steps in order to ensure that your Personal Data is treated just as safely and securely as it would be within the EU and under the GDPR, as explained above in Part 8. In some limited circumstances, we may be legally required to share certain Personal Data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
How Can I Control My Personal Data?
In addition to your rights under the GDPR, set out in Part 5, when you submit Personal Data via Our Site and Platform, you may be given options to restrict our use of your Personal Data. In particular, we provide you with strong controls on our use of your Personal Data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails, at the point of providing your details, or and by managing your Account).
Can I Withhold Information?
You may access certain areas of Our Site without providing any Personal Data at all. However, to use all features and functions available on Our Site and Platform you may be required to submit or allow for the collection of certain data for us to be able to offer our relevant Services. You may restrict our use of Cookies. For more information, see Part 13 of this policy.
How Can I Access My Personal Data?
If you want to know what Personal Data We have about you, you can ask us for details of that Personal Data and for a copy of it (where any such Personal Data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 14. To make this as easy as possible for you, a subject access request form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything We need to know to respond to your request as quickly as possible. Please contact us at [email protected] and request this form.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding. We will respond to your subject access request within 21 days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your Personal Data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date We receive your request. You will be kept fully informed of our progress.
How Do You Use Cookies?
Our Site and Platform may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of Our Site and Platform, and to provide and improve our Services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and Personal Data is protected and respected at all times.
By using Our Site and Platform, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. Third-party Cookies are used on Our Site for analytics and for marketing purposes. For more details, please refer to the table below. These Cookies are not integral to the functioning of Our Site and Platform and your use and experience of Our Site and Platform will not be impaired by refusing consent to them.
All Cookies used by and on Our Site are used in accordance with current Cookie Law. Before Cookies are placed on your computer or device, you will be shown a banner requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and Service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site and Platform may not function fully or as intended.
Certain features of Our Site and Platform depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown in the table below. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them. (Cookie declaration last updated on 30 July 2023)
The following first-party Cookies may be placed on your computer or device:
Name of Cookie | Purpose | Strictly Necessary |
cookielawinfo-checkbox-necessary | Set by the GDPR Cookie Consent plugin, this cookie records the user consent for the cookies in the "Necessary" category. | Yes |
cookielawinfo-checkbox-non-necessary | GDPR Cookie Consent plugin sets this cookie to record the user consent for the cookies in the "Necessary" category. | Yes |
ClientId | Uniquely identifies every instance of an CMS client. | Yes |
Auth | JWS authentication token for a CMS user session. | Yes |
and the following third-party Cookies may be placed on your computer or device:
Name of Cookie | Provider | Strictly Necessary |
lidc | .linkedin.com | LinkedIn sets the lidc cookie to facilitate data center selection. |
UserMatchHistory | .linkedin.com | LinkedIn sets this cookie for LinkedIn Ads ID syncing. |
_hjAbsoluteSessionInProgress | .changefolio.com | Hotjar sets this cookie to detect a user's first pageview session, which is a True/False flag set by the cookie. |
li_gc | .linkedin.com | Linkedin set this cookie for storing visitor's consent regarding using cookies for non-essential purposes. |
__stripe_sid | app.changefolio.com | Set by Stripe.js for fraud prevention purposes and helps Stripe assess the risk associated with an attempted transaction. |
__stripe_mid | app.changefolio.com | Set by Stripe.js for fraud prevention purposes and helps Stripe assess the risk associated with an attempted transaction. |
crmcsr | desk.zoho.eu | Set by Zoho Desk for website security. |
Our Site and Platform uses analytics services provided by Google, ActiveCampaign, LinkedIn, Hotjar and Youtube. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling us to better understand how Our Site and Platform is used. This, in turn, enables us to improve Our Site and Platform and the products and relevant services offered through them.
The analytics services used by Our Site and Platform use Cookies to gather the required information. You do not have to allow us to use these Cookies, however whilst our use of them does not pose any risk to your privacy or your safe use of Our Site and Platform, it does enable us to continually improve Our Site and Platform, making it a better and more useful experience for you.
The analytics services used by Our Site and Platform uses the following Cookies:
Name of Cookie | Purpose | Strictly Necessary |
_gcl_au | Google Tag Manager sets the cookie to experiment advertisement efficiency of websites using their services. | No |
prism_* | Active Campaign sets this cookie to track and store interactions. | No |
_ga_* | Google Analytics sets this cookie to store and count page views. | No |
_ga | Google Analytics sets this cookie to calculate visitor, session and campaign data and track site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognise unique visitors. | No |
_gid | Google Analytics sets this cookie to store information on how visitors use a website while also creating an analytics report of the website's performance. Some of the collected data includes the number of visitors, their source, and the pages they visit anonymously. | No |
_gat_gtag_UA_* | Google Analytics sets this cookie to store a unique user ID. | No |
prism_* | Active Campaign sets this cookie to track and store interactions. | No |
ln_or | Linkedin sets this cookie to registers statistical data on users' behaviour on the website for internal analytics. | No |
AnalyticsSyncHistory | Linkedin set this cookie to store information about the time a sync took place with the lms_analytics cookie. | No |
_hjSessionUser_* | Hotjar sets this cookie to ensure data from subsequent visits to the same site is attributed to the same user ID, which persists in the Hotjar User ID, which is unique to that site. | No |
_hjFirstSeen | Hotjar sets this cookie to identify a new user’s first session. It stores the true/false value, indicating whether it was the first time Hotjar saw this user. | No |
_hjSession_* | Hotjar sets this cookie to ensure data from subsequent visits to the same site is attributed to the same user ID, which persists in the Hotjar User ID, which is unique to that site. | No |
CONSENT | YouTube sets this cookie via embedded YouTube videos and registers anonymous statistical data. | No |
Targeting/Marketing cookies are used to track visitors across websites. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information but are based on uniquely identifying your browser and internet device. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third-party advertisers. If you do not allow these cookies, you will experience less targeted advertising.
Name of Cookie | Purpose | Strictly Necessary |
YSC | Youtube sets this cookie to track the views of embedded videos on Youtube pages. | No |
VISITOR_INFO1_LIVE | YouTube sets this cookie to measure bandwidth, determining whether the user gets the new or old player interface. | No |
test_cookie | doubleclick.net sets this cookie to determine if the user's browser supports cookies. | No |
IDE | Google DoubleClick IDE cookies store information about how the user uses the website to present them with relevant ads according to the user profile. | No |
li_sugr | LinkedIn sets this cookie to collect user behaviour data to optimise the website and make advertisements on the website more relevant. | No |
bcookie | LinkedIn sets this cookie from LinkedIn share buttons and ad tags to recognize browser IDs. | No |
bscookie | LinkedIn sets this cookie to store performed actions on the website. | No |
yt-remote-device-id | YouTube sets this cookie to store the user's video preferences using embedded YouTube videos. | No |
yt.innertube::requests | YouTube sets this cookie to register a unique ID to store data on what videos from YouTube the user has seen. | No |
yt.innertube::nextId | YouTube sets this cookie to register a unique ID to store data on what videos from YouTube the user has seen. | No |
yt-remote-connected-devices | YouTube sets this cookie to store the user's video preferences using embedded YouTube videos. | No |
ac_enable_tracking | This cookie is set by Active Campaign to denote that traffic is enabled for the website. | No |
In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site and Platform more quickly and efficiently including, but not limited to, login and personalisation settings. It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings. For more details, please refer to our Cookie Policy which can be found here: https://changefolio.com/terms/
How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Mr. Eddie Scheun):
Email address: [email protected].
Telephone number: +353 1223 8048
Postal Address: 5A Quinsborough Rd, Bray, Co Wicklow, Ireland, A98 HY48
Changes to this Privacy Policy
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects Personal Data protection.
Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
ChangeFolio Terms of Service
Last updated: 30 July 2023
These Terms of Service, together with any and all other documents referred to herein, set out the terms under which you may use Our Platform to create, edit, and store your change management initiatives data, digital content and information. Please read these Terms of Service carefully and ensure that you understand them. You will be required to read and accept these Terms of Service in order to use Our Platform and create, edit, and store your change management initiatives data, digital content and information. If you do not agree to comply with and be bound by these Terms of Service, you will not be able to use Our Platform. These Terms of Service, as well as any and all Contracts are available in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Service, unless the context otherwise requires, the following expressions have the following meanings:
“Account” | means an account required to access and/or use certain areas of Our Platform; |
“Content” | means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Platform; |
“Contract” | means a contract for the purchase of a Subscription to use Our Platform, as explained in Clause 6; |
“Data Protection Legislation” | means 1) the EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and any national implementing laws, regulations, and secondary legislation (as amended from time to time); |
“Platform” | means the ChangeFolio CMS system, which is collectively the online facilities, tools, services, and information that We provide for the creation, editing, and storing of your change management initiatives data, digital content and information; |
“Site” | means our website, published under the domain - https://changefolio.com; |
“Subscription” | means a subscription that provides access to Our Platform; |
“Subscription Confirmation” | means our acceptance and confirmation of your purchase of a Subscription; |
“Subscription ID” | means the reference number for your Subscription; |
“Third Party Service Provider | means a third party providing a service that is offered to Users through Our Platform; |
“User” | means a user of Our Platform; |
“User Content” | means any Content submitted by a User; |
“We/Us/Our” | means “ChangeFolio”, the brand owned and operated by ChangeFolio Ireland Limited, a limited company registered in Ireland under company number 623076. |
2. Information About Us
2.1 Our Site (https://changefolio.com/) and Our Platform (“ChangeFolio CMS”) are owned and operated by ChangeFolio Ireland Limited, a limited company registered in Ireland under company number 623076.
Registered address: 5A Quinsborough Rd, Bray, Co Wicklow, Ireland, A98 HY48
Email address: [email protected]
Telephone number: +353 12 238 048
3. Age Restrictions
Consumers may only use Our Platform if they are at least 18 years of age.
4. Access and Changes to Our Platform
4.1 Access to Our Platform requires a Subscription. Upon purchasing a Subscription, Our Platform will be available to you, for the duration of that Subscription and any and all subsequent renewals.
4.2 We may from time to time make changes to Our Platform:
• Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We will inform you by email and/or an in-app announcement of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of and the availability of Our Platform;
• Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by email and/or an in-app announcement of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of and the availability of Our Platform; and
• As detailed in https://changefolio.com/software/, We will continue to develop and improve Our Platform over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes may cancel the renewal of your Subscription.
4.3 We will always aim to ensure that Our Platform are available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 4.2. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to availability. If We need to suspend Our Platform and/or the availability for longer than 12 hours within a 24-hour period, We will add the corresponding time to the duration of your current Subscription period at no cost to you, rounded up to a full day in each case.
5. Subscriptions, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all descriptions of the services available from Us (specifically, Our Platform) correspond to the actual services that will be provided and/or made available to you. There may, however, be minor variations in the descriptions, from time to time, due to active Platform development, bug fixes and constant addition of new features.
5.2 Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations in Our services, not to different services altogether.
5.3 Where appropriate, you may be required to select your required Subscription. Different types of Subscription provide access to different features on Our Platform. Please ensure that you select the appropriate Subscription when prompted.
5.4 We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but may apply to any subsequent renewal or new Subscription. Unless there is a significant change in the functionality of Our Platform and the resources consumed by your Account, every possible effort will be made for your initial Subscription and Price to be grandfathered in. We will inform you of any change in price at least 90 days before the change is due to take effect. If you do not agree to such a change, you may cancel the renewal of your Subscription.
5.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. All pricing information is reviewed and updated every 30 days. Changes in price will not affect any Subscriptions that have already been purchased but may affect renewals of Subscriptions.
5.6 All Subscription prices are automatically checked by Us when your purchase is processed. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to ask you how you wish to proceed. If We do not receive a response from you within 5 business days, We will treat your purchase as cancelled and we will refund and notify you accordingly in writing.
5.7 If We discover an error in the price or description of your Subscription after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 15.4.3.
5.8 If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
5.9 We are not yet registered for VAT in Ireland and the EU and all our prices do not include VAT. Once we become registered for VAT and you are a Business based in the EU with a valid EU VAT number then you will not be charged VAT. If you are a consumer or non-EU VAT registered business based in the EU then the respective VAT rate will apply. Once we are registered for VAT or the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically added or adjusted when taking payment.
6. Subscriptions – How Contracts Are Formed
6.1 You will be guided through the Subscription process when you make a purchase. Before confirming a purchase, you will be given the opportunity to review your chosen Subscription and amend any errors in your order. Please ensure that you check carefully before confirming your purchase.
6.2 No part of Our Site, Our Platform, or any other material constitutes a contractual offer capable of acceptance. By purchasing a Subscription, you are making Us a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding contract between Us and you (“the Contract”).
6.3 Subscription Confirmations contain the following information:
• Your Subscription ID;
• Confirmation of your chosen Subscription;
• Fully itemised pricing, including, where appropriate, taxes and other additional charges;
• The duration of your Subscription (including the start date, and the renewal date);
• Confirmation of your acknowledgement that Our Platform will be made available to you immediately and that, if you are a consumer, you will lose your legal right to change your mind and cancel the Contract.
6.4 We can also provide a paper copy of your Subscription Confirmation on request.
6.5 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 calendar days.
6.6 Any refunds under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
6.7 Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Subscription.
6.8 Subject to the cancellation provisions in Clause 15, once you have confirmed your Subscription purchase, your Subscription cannot be changed until the end or renewal date of that Subscription.
6.9 By purchasing a Subscription, you are expressly requesting that you wish access to Our Platform to be made available to you immediately (and will be required to acknowledge this). Please be aware that We do not offer any Subscriptions that do not begin immediately. For more details of cancellation, please refer to Clause 15.
7. Payment
7.1 Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Subscription Confirmation (this usually occurs immediately, and you will be shown a message confirming your payment).
7.2 We accept the following methods of payment:
• MasterCard;
• Visa;
• For Enterprise plans we can also accept payments via Bank Transfer.
7.3 If you do not make any payment due to Us on time, We may suspend your access to Our Platform. If you do not make payment within 14 calendar days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
7.4 If you believe that We have charged you an incorrect amount, please contact Us at [email protected] as soon as reasonably possible to let us know. You will not be charged while availability is suspended.
8. Our Intellectual Property Rights and Licence
8.1 We grant you a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our Platform for personal (including research and private study) and business purposes, subject to these Terms of Service.
8.2 Subject to the licence granted to Us under sub-Clause 9.3, you retain the ownership of copyright and other intellectual property rights in your User Content (subject to any third-party rights in that User Content and the terms of any licence under which you use such Content).
8.3 All other Content included in Our Platform (including all user-facing material, and all underlying material such as code, software, and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable Irish and international intellectual property laws and treaties.
8.4 By accepting these Terms of Service, you hereby undertake:
• Not to copy, download or otherwise attempt to acquire any part of Our Platform;
• Not to disassemble, decompile or otherwise reverse engineer Our Platform;
• Not to allow or facilitate any use of Our Platform that would constitute a breach of these Terms of Service; and
• Not to embed or otherwise distribute Our Platform on any website, ftp server or similar.
9. User Content
9.1 You agree that you will be solely responsible for any and all User Content that you upload to Our Platform. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 10.
9.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 9.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
9.3 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein (except to the extent that Our Platform incorporates Content belonging to Us (including, but not limited to, that forming part of Our Platform)). By creating or uploading User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the same for the purposes of operating Our Platform and providing Our services to you.
9.4 If you wish to remove User Content, you may do so by deleting Content through Our Platform or by contacting our Customer Support. Removing User Content also revokes the licence granted to Us to use the same under sub-Clause 9.3. You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
9.5 We may reject, reclassify, or remove any User Content created or uploaded using Our Platform where, in Our sole opinion, such User Content violate Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
10. Acceptable Usage Policy
10.1 You may only use Our Platform in a manner that is lawful and that complies with the provisions of this Clause 10. Specifically:
• You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
• You must not use Our Platform in any way, or for any purpose, that is unlawful or fraudulent;
• You must not use Our Platform for unauthorised mass-communications, commonly referred to as “spam” or “junk mail”;
• You must not use Our Platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
• You must not use Our Platform in any way, or for any purpose, that is intended to harm any person or persons in any way.
10.2 The following types of User Content are not permitted on Our Platform and you must not create, submit, communicate, link to, or otherwise do anything that:
• is sexually explicit;
• is obscene, deliberately offensive, hateful, or otherwise inflammatory;
• promotes violence;
• promotes or assists in any form of unlawful activity;
• discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
• is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
• is calculated or otherwise likely to deceive;
• is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
• misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 10.2);
• implies any form of affiliation with Us where none exists;
• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
• is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
10.3 We reserve the right to suspend or terminate your Account, and/or your access to Our Platform if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms of Service. Specifically, We may take one or more of the following actions:
• Suspend, whether temporarily or permanently, your Account and/or your right to access Our Platform (for more details regarding such cancellation, please refer to sub-Clause 15.9);
• Remove any of your User Content and Account (or any part thereof) which violates this Acceptable Usage Policy;
• Issue you with a written warning;
• Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
• Take further legal action against you as appropriate;
• Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
• Any other actions which We deem reasonably appropriate (and lawful).
10.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms of Service.
11. Problems with Our Platform and Consumers’ Legal Rights
11.1 If you have any questions or complaints regarding Our Platform or any other aspect of Our service, please email Us at [email protected] or by using any of the methods provided on Our contact page at https://changefolio.com/contact-us/.
11.2 If you are a consumer, you have certain legal rights under the Consumer Rights Act 2015 that may apply to Our Platform:
• Any digital content provided by Us must be as described, fit for purpose, and of satisfactory quality. If digital content is faulty, you may be entitled to a repair or replacement. If a fault cannot be remedied or has not been remedied within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund. If, as a result of Our failure to exercise reasonable care and skill, any digital content of which Our Platform is comprised (that is not User Content or any part of Our Platform that is not Our Content) damages your device or other digital content belonging to you, you may be entitled to a repair or compensation.
• Any services provided by Us must be provided with reasonable care and skill and in compliance with information provided by Us. If We fail to do so, you may be entitled to require Us to repeat or otherwise fix the problem or, if We cannot provide such a remedy, a full or partial refund.
• For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
11.3 Please note that We will not be liable under this Clause 11 if We informed you of the fault(s) or other problems with a particular part of Our Platform or service before you used it and it is that same issue that has now caused the problem (for example, if you are testing a pre-release alpha or beta version of a feature and We have warned you that it may contain faults that could harm your device or other digital content); if you are using Our Platform for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Platform for that purpose; or if the problem is the result of misuse or intentional or careless damage.
11.4 If there is a problem with Our Platform, please contact Us at [email protected] or visit the Help Center on Our Platform to inform our Customer Support team of the problem.
11.5 Refunds (whether full or partial) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
11.6 Refunds under this Clause 11 will be made using the same payment method that you used when purchasing your Subscription.
12. Disclaimers
12.1 No part of Our Platform or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to any aspect of our services.
12.2 Subject to your legal rights if you are a consumer (as summarised above in Clause 11), insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Platform will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
12.3 We make reasonable efforts to ensure that the content contained within Our Platform is complete, accurate and up to date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Platform (and the content therein) is complete, accurate or up to date.
12.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content, uploaded, or hosted using Our Platform. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.
12.5 The following services on Our Platform are provided by Third Party Service Providers:
• Email messages and notifications, where applicable, provided by “Postmark” (AC PM, LLC).
• Visual Email template authoring service, where applicable, provided by “Unlayer” (Unrolled, LLC).
12.6 We are not responsible for any aspect of any services provided by Third Party Service Providers, nor do we endorse those services in any way.
12.7 Your use of services provided by Third Party Service Providers shall be subject to the terms and conditions specific to those services. We will not be party to any contracts or agreements between you and Third-Party Service Providers, nor will we be responsible for such transactions in any way.
13. Our Liability
13.1 If you are a consumer, We will be liable to you for any foreseeable loss or damage that is caused by Us as a result of Our breach of these Terms of Service or Our failure to exercise reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will occur or was contemplated by you and Us when the Contract between us was formed.
13.2 If you are a business, to the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Platform or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our Platform.
13.3 To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.
13.4 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Platform or any Content (including User Content) included in Our Platform.
13.5 If you are a business, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
13.6 We exercise all reasonable skill and care to ensure that Our Platform is free from viruses and other malware. Subject to sub-Clause 11.2.1, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Platform (including the downloading of any Content (including User Content) from it) or any other website or service that We may provide a link to.
13.7 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Platform or any User Content resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
13.8 Nothing in these Terms of Service excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
14. Viruses, Malware and Security
14.1 We exercise all reasonable skill and care to ensure that Our Platform is secure and free from viruses and other malware. We do not, however, guarantee that Our Platform or any User Content are secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 13.6.
14.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
14.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Platform.
14.4 You must not attempt to gain unauthorised access to any part of Our Platform, the server on which Our Platform is stored, or any other server, computer, or database connected to Our Platform.
14.5 You must not attack Our Platform by means of a denial-of-service attack, a distributed denial of service attack, or by any other means.
14.6 By breaching the provisions of sub-Clauses 14.3 to 14.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities, and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Platform will cease immediately in the event of such a breach and, where applicable, your Account and User Content will be suspended and/or deleted.
15. Cancellation
15.1 Consumers (but not business customers) in the European Union have a legal right to a “cooling-off” period within which distance sales contracts (including those formed online) can be cancelled for any reason. This period, if applicable, begins once a contract is formed and ends at the end of 14 calendar days after that date.
15.2 You may cancel at any time in the following limited circumstances, and you may be entitled to a full or partial refund for services or digital content not provided:
• We have incorrectly described Our Platform, or it is faulty (please refer to Clause 11 for more details); or
• We have informed you of an upcoming change to Our Platform or to these Terms of Service that you do not agree to; or
• We have informed you of an error in the price or description of your Subscription or Our Platform and you do not wish to continue; or
• There is a risk that the availability of Our Platform may be significantly delayed due to events outside of Our control; or
• We have informed you that We have suspended, or are planning to suspend, availability of Our Platform for a period greater than 72 hours; or
• We have breached these Terms of Service or have in any way failed to comply with Our legal obligations to you.
15.4 Subject to sub-Clause 15.4, non-renewing Subscriptions cannot be cancelled. Auto-renewing Subscriptions can be cancelled at any time, however (also subject to sub-Clause 15.4 and to sub-Clause 15.3), no refunds can be provided, and you will continue to have access to Our Platform will remain available, for the duration of the remainder of the Subscription period you are currently in. Cancelling an auto-renewing Subscription only prevents it from being auto-renewed.
15.5 To cancel a Subscription for any reason, please inform us using one of the following methods:
• By email at [email protected]; or
• Online using the cancellation option in the Account section of Our Platform.
• In each case, providing Us with your name, address, email address, telephone number, and Subscription ID.
15.6 We may ask you why you have chosen to cancel your Subscription and may use any answers you provide to improve Our Platform in the future, however, please note that you are under no obligation to provide any details if you do not wish to.
15.7 Any and all refunds due to you will be made no later than 14 calendar days after the date on which We acknowledge your cancellation. Refunds will be made to your original payment method.
15.8 In certain limited circumstances (such as violation of these terms of service) We may cancel your Subscription and/or close your Account. In this case you have 30 days to download any Data and User Content from Our Platform. Following this period your Account and any User Content or Data in it shall be deleted. If We take such action, you will be notified by email, and We will provide an explanation for the cancellation and/or closure.
If your Account is closed and your Subscription cancelled because you have breached these Terms of Service, you will not be entitled to a refund. If you believe we have closed your Account and cancelled your Subscription in error, please contact Us at [email protected].
If your Account is closed and/or your Subscription is cancelled for any other reason, you will be refunded the remaining balance of your Subscription. The refund will be calculated based upon the price of your Subscription being divided by the total number of days in the Subscription and multiplied by the number of whole days remaining until the end of the Subscription (or, in the case of auto-renewing Subscriptions, until the renewal date). Any and all refunds due to you will be made no later than 14 calendar days after the date on which the closure and/or cancellation becomes effective. Refunds will be made to your original payment method.
16. Contacting Us
16.1 If you wish to contact Us (i) with general questions or complaints, (ii) for matters relating to Our Platform, your Subscription, or cancellation of your Account, you may contact Us by telephone at +353 12 238 048 (Ireland) by email at [email protected], or by post at 5A Quinsborough Rd, Bray, Co Wicklow, Ireland, A98 HY48.
17. Complaints and Feedback
17.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
17.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
• By email, addressed to Mr. Eddie Scheun, Company Director at [email protected];
• By contacting Us by telephone on +353 12 238 048 (Ireland).
18. Privacy and Cookies
The Use of Our Platform is also governed by Our Privacy Policy and Cookie Policy, available from https://changefolio.com/terms/.
19. How We Use Your Personal Information (Data Protection)
19.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
19.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy available from https://changefolio.com/terms/.
20. Data Protection
20.1 Both Users and Us shall comply with all requirements of the Data Protection Legislation. With respect to personal data hosted by Us on behalf of a User, for the purposes of the Data Protection Legislation, the User is the data controller, and We are the data processor (as defined in the Data Protection Legislation).
20.2 You must ensure that, with respect to your Account and any and all User Content, you have all necessary and appropriate consents and notices in place in order to enable the lawful transfer of personal data to Us for hosting.
20.3 Any and all personal data processed by Us (as a data processor) on your behalf (as a data controller) in the course of providing our Platform and hosting your Account shall be processed in accordance with the terms of a separate Data Processing Agreement between Us and you, as per the requirements of the Data Protection Legislation.
21. Other Important Terms
21.1 We may transfer (assign) Our obligations and rights under these Terms of Service (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Service (and the Contract) will not be affected and Our obligations under these Terms of Service (and the Contract) will be transferred to the third party who will remain bound by them.
21.2 You may not transfer (assign) your obligations and rights under these Terms of Service (and under the Contract) without Our express written permission.
21.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Service.
21.4 If any of the provisions of these Terms of Service are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Service. The remainder of these Terms of Service shall be valid and enforceable.
21.5 No failure or delay by Us in exercising any of Our rights under these Terms of Service means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Service means that We will waive any subsequent breach of the same or any other provision.
21.6 We may revise these Terms of Service from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Service as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 15.4 above).
22. Law and Jurisdiction
22.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of Ireland.
22.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces your rights as a consumer to rely on those provisions.
22.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Ireland.
22.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Ireland.
ChangeFolio Cookie Policy
Last updated: 30 July 2023
This website https://changefolio.com (“Our Site”) and the ChangeFolio CMS platform (“Our Platform”) uses Cookies and similar technologies in order to distinguish you from other users. By using Cookies, We are able to provide you with a better experience and to improve Our Site and Platform by better understanding how you use it. Please read this Cookie Policy carefully and ensure that you understand it. Your acceptance of Our Cookie Policy is deemed to occur when you press the “accept” button on Our Cookie banner or when you have selected your preferred Cookie options in Our Cookie manager and pressed the “Continue” button. If you do not agree to Our Cookie Policy, please stop using Our Site immediately.
1. Definitions and Interpretation
In this Cookie Policy, unless the context otherwise requires, the following expressions have the following meanings:
“Cookie” | means a small file placed on your computer or device by Our Site when you visit certain parts of Our Site and Platform and/or when you use certain features of Our Site and Platform; |
“Cookie Law” | means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”); |
“Personal Data” | means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data, as defined by EU Regulation 2016/679 General Data Protection Regulation (“GDPR”); and |
“We/Us/Our” | means “ChangeFolio”, the brand owned and operated by ChangeFolio Ireland Limited, a limited company registered in Ireland under company number 623076. |
2. Information About Us
Our Site and Our Platform are owned and operated ChangeFolio Ireland Limited, a limited company registered in Ireland under company number 623076.
Registered address: 5A Quinsborough Rd, Bray, Co Wicklow, Ireland, A98 HY48
Email address: [email protected]
Telephone number: +353 12 238 048
3. How Does Our Site Use Cookies?
3.1 Our Site and Platform may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our Platform and services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
3.2 By using Our Site and Platform, you may also receive certain third-party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. Third-party Cookies are used on Our Site and Platform for analytics and for marketing purposes. For more details, please refer to section 4 below.
3.3 All Cookies used by and on Our Site and Platform are used in accordance with current Cookie Law. We may use some or all of the following types of Cookie:
Strictly Necessary Cookies: A Cookie falls into this category if it is essential to the operation of Our Site, supporting functions such as logging in, your shopping basket, and payment transactions.
Analytics Cookies: It is important for Us to understand how you use Our Site, for example, how efficiently you are able to navigate around it, and what features you use. Analytics Cookies enable us to gather this information, helping Us to improve Our Site and your experience of it.
Functionality Cookies: Functionality Cookies enable Us to provide additional functions to you on Our Site such as personalisation and remembering your saved preferences. Some functionality Cookies may also be strictly necessary Cookies, but not all necessarily fall into that category.
Marketing/Targeting Cookies: It is important for Us to know when and how often you visit Our Site, and which parts of it you have used (including which pages you have visited and which links you have visited). As with analytics Cookies, this information helps us to better understand you and, in turn, to make Our Site and advertising more relevant to your interests. Some information gathered by targeting Cookies may also be shared with third parties.
Third Party Cookies: Third party Cookies are not placed by Us; instead, they are placed by third parties that provide services to Us and/or to you. Third party Cookies may be used by advertising services to serve up tailored advertising to you on Our Site, or by third parties providing analytics services to Us (these Cookies will work in the same way as analytics Cookies described above).
Persistent Cookies: Any of the above types of Cookie may be a persistent Cookie. Persistent Cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit Our Site.
Session Cookies: Any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on your computer or device from the point at which you visit Our Site until you close your browser. Session Cookies are deleted when you close your browser.
3.4 Cookies on Our Site and Platform are not permanent and will expire as indicated in the table below.
3.5 For more details of the personal data that We collect and use, the measures we have in place to protect personal data, your legal rights, and our legal obligations, please refer to our Privacy Policy https://changefolio.com/terms/.
3.6 For more specific details of the Cookies that We use, please refer to the table below.
4. What Cookies Does Our Site Use?
4.1 The following first party Cookies may be placed on your computer or device:
Name of Cookie | Purpose | Strictly Necessary | Expires |
cookielawinfo-checkbox-necessary | Set by the GDPR Cookie Consent plugin, this cookie records the user consent for the cookies in the "Necessary" category. | Yes | 1 Year |
cookielawinfo-checkbox-non-necessary | GDPR Cookie Consent plugin sets this cookie to record the user consent for the cookies in the "Necessary" category. | Yes | 1 Year |
ClientId | Uniquley identifies every instance of an CMS client. | Yes | When you close your browser |
Auth | JWS authentication token for a CMS user session. | Yes | When you close your browser |
4.2 The following third-party Cookies may be placed on your computer or device:
Name of Cookie | Provider | Purpose | Expires |
lidc | .linkedin.com | LinkedIn sets the lidc cookie to facilitate data center selection. | 1 day |
UserMatchHistory | .linkedin.com | LinkedIn sets this cookie for LinkedIn Ads ID syncing. | 1 month |
_hjAbsoluteSessionInProgress | .changefolio.com | Hotjar sets this cookie to detect a user's first pageview session, which is a True/False flag set by the cookie. | 30 minutes |
li_gc | .linkedin.com | Linkedin set this cookie for storing visitor's consent regarding using cookies for non-essential purposes. | 5 months 27 days |
_hjIncludedInSessionSample_2783021 | .changefolio.com | No description | 2 minutes |
ac_enable_tracking | .changefolio.com | This cookie is set by Active Campaign to denote that traffic is enabled for the website. | 1 month |
__stripe_sid | app.changefolio.com | Set by Stripe.js for fraud prevention purposes and helps Stripe assess the risk associated with an attempted transaction. | 1 year |
__stripe_mid | app.changefolio.com | Set by Stripe.js for fraud prevention purposes and helps Stripe assess the risk associated with an attempted transaction. | 1 year |
crmcsr | desk.zoho.eu | Set by Zoho Desk for website security. | When you close your browser |
4.3 Our Site and Platform uses analytics services provided by Google, ActiveCampaign, HotJar and YouTube. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling us to better understand how Our Site and Platform is used. This, in turn, enables us to improve Our Site and Platform and the products and services offered through them.
4.4 The analytics services used by Our Site and Platform use Cookies to gather the required information. You do not have to allow us to use these Cookies, however whilst our use of them does not pose any risk to your privacy or your safe use of Our Site and Platform, it does enable us to continually improve Our Site and Platform, making it a better and more useful experience for you.
4.5 The analytics services used by Our Site and Platform uses the following Cookies:
Name of Cookies | Purpose | Strictly Necessary | Expires |
_gcl_au | Google Tag Manager sets the cookie to experiment advertisement efficiency of websites using their services. | No | 3 months |
prism_* | Active Campaign sets this cookie to track and store interactions. | No | 1 month |
_ga_* | Google Analytics sets this cookie to store and count page views. | No | 1 year 1 month 4 days |
_ga | Google Analytics sets this cookie to calculate visitor, session and campaign data and track site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognise unique visitors. | No | 1 year 1 month 4 days |
_gid | Google Analytics sets this cookie to store information on how visitors use a website while also creating an analytics report of the website's performance. Some of the collected data includes the number of visitors, their source, and the pages they visit anonymously. | No | 1 day |
_gat_gtag_UA_* | Google Analytics sets this cookie to store a unique user ID. | No | 1 minute |
prism_* | Active Campaign sets this cookie to track and store interactions. | No | 1 month |
ln_or | Linkedin sets this cookie to registers statistical data on users' behaviour on the website for internal analytics. | No | 1 day |
AnalyticsSyncHistory | Linkedin set this cookie to store information about the time a sync took place with the lms_analytics cookie. | No | 1 month |
_hjSessionUser_* | Hotjar sets this cookie to ensure data from subsequent visits to the same site is attributed to the same user ID, which persists in the Hotjar User ID, which is unique to that site. | No | 1 year |
_hjFirstSeen | Hotjar sets this cookie to identify a new user’s first session. It stores the true/false value, indicating whether it was the first time Hotjar saw this user. | No | 30 minutes |
_hjSession_* | Hotjar sets this cookie to ensure data from subsequent visits to the same site is attributed to the same user ID, which persists in the Hotjar User ID, which is unique to that site. | No | 30 minutes |
CONSENT | YouTube sets this cookie via embedded YouTube videos and registers anonymous statistical data. | No | 2 years |
4.6 Targeting/Marketing cookies: Targeting/Marketing cookies are used to track visitors across websites. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information but are based on uniquely identifying your browser and internet device. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third-party advertisers. If you do not allow these cookies, you will experience less targeted advertising.
Name of Cookies | Providers | Strictly Necessary | Expires |
YSC | Youtube sets this cookie to track the views of embedded videos on Youtube pages. | No | When you close your browser |
VISITOR_INFO1_LIVE | YouTube sets this cookie to measure bandwidth, determining whether the user gets the new or old player interface. | No | 5 months 27 days |
test_cookie | doubleclick.net sets this cookie to determine if the user's browser supports cookies. | No | 15 minutes |
IDE | Google DoubleClick IDE cookies store information about how the user uses the website to present them with relevant ads according to the user profile. | No | 1 year 24 days |
li_sugr | LinkedIn sets this cookie to collect user behaviour data to optimise the website and make advertisements on the website more relevant. | No | 3 months |
bcookie | LinkedIn sets this cookie from LinkedIn share buttons and ad tags to recognize browser IDs. | No | 1 year |
bscookie | LinkedIn sets this cookie to store performed actions on the website. | No | 1 year |
yt-remote-device-id | YouTube sets this cookie to store the user's video preferences using embedded YouTube videos. | No | Never |
yt.innertube::requests | YouTube sets this cookie to register a unique ID to store data on what videos from YouTube the user has seen. | No | Never |
yt.innertube::nextId | YouTube sets this cookie to register a unique ID to store data on what videos from YouTube the user has seen. | No | Never |
yt-remote-connected-devices | YouTube sets this cookie to store the user's video preferences using embedded YouTube videos. | No | Never |
5. Consent and Control
5.1 Before Cookies are placed on your computer or device, you will be shown a banner requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies unless those Cookies are strictly necessary; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow and/or deny different categories of Cookie that We use.
5.2 In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
5.3 The links below provide instructions on how to control Cookies in all mainstream browsers:
• Google Chrome
• Microsoft Internet Explorer
• Microsoft Edge
• (Please note that there are no specific instructions at this time, but Microsoft support will be able to assist)
• Safari (macOS)
• Safari (iOS)
• Mozilla Firefox
• Android (Please refer to your device’s documentation for manufacturers’ own browsers)
6. Changes to this Cookie Policy
6.1 We may alter this Cookie Policy at any time. Any such changes will become binding on you on your first use of Our Site and Platform after the changes have been made. You are therefore advised to check this page from time to time.
6.2 In the event of any conflict between the current version of this Cookie Policy and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
7. Further Information
7.1 If you would like to know more about how We use Cookies, please contact Us at [email protected], by telephone on +353 12 238 048, or by post at 5A Quinsborough Rd, Bray, Co Wicklow, Ireland, A98 HY48.
7.2 For more information about privacy, data protection and our terms and conditions, please visit the following: https://changefolio.com/terms/