1. WHO ARE WE?

UAB “Debesų verslas” also known as “Tellq” , Legal entity code 304249354, VAT

Number LT100010926112, postal address Gurių Sodų 11-oji g. 38, LT-11310 Vilnius,

Lithuania, email address info@tellq.io, the phone number +370 61436492, website

address https://tellq.io/

2. PERSONAL DATA WE COLLECT

When you use our Software Services we collect personal data about you, described

below. The term “Personal Data” means any data that enables a person or a company to

be identified. Personal Data that you provide to us. We collect Personal Data that you

provide to us when you buy our Services and register for a tellq.io account, such as your

family name, first name, postal address, email address, telephone numbers.

3. SPECIFICATIONS OF PERSONAL DATA WE

COLLECT

We have divided different personal data that We process into distinct categories based on

the purposes for which the data is processed and the categories of the data subjects (see

below).

Personal data of our employees which is processed: name and surname, personal

identification number, date of birth, address, phone number, email address, qualifications,

skills, information about income received from Tellq (salary, bonuses, etc.).

Personal data of employees of our clients and partners which is processed: name and

surname, data regarding employer, personal and/or work email address and personal

and/or work phone number, information about the competencies of partners’ employees.

Personal data of job applicants which is processed: name and surname, date of birth, age,

address, phone number, email address, data regarding employer, work experience, past

employers and job titles, education, qualifications, skills, driving licence information,

hobbies, additional information voluntarily provided by applicants in their CV, data

obtained during the selection process (applicant evaluation).

Personal data of information related to direct marketing activities which is processed:

name and surname, phone number, email address, employer data including address of

employer.

4. SPECIFICATIONS OF PERSONAL DATA WE

DO NOT COLLECT

We do not collect the sensitive personal data, such as: data related to your racial or ethnic

origin, political, philosophical, religious or other convictions, membership in unions,

health or sex life, information about criminal records.

5. WHY DO WE COLLECT YOUR PERSONAL

DATA AND ON WHAT BASIS?

We process your personal data to the extent it is necessary to achieve the purposes We

have established.

We process the personal data of our employees and of employees of our clients and

partners for purposes of internal administration, on the basis of our legitimate interest.

We may also process the personal data of clients’ (including potential clients) and

partners’ employees for the purpose of entering into and performing agreements and in

order to enter into and properly perform agreements/undertakings of Tellq, also on the

basis of our legitimate interest.

We process employees’ personal data for the purpose of entering into, performing and

accounting for employment agreements, for purposes of properly performing our legal

obligations as an employer, for the purpose of maintaining proper communication with

employees, and for other purposes of internal administration, and the entry into and

performance of car loan agreements with employees of Tellq.

We process the personal data of job applicants in order to select the best-suited applicants

for employment, and later, with your consent, for purposes of keeping a database of Tellq

applicants.

We process the personal data of recommended potential applicants in order to suggest to

potential applicants that they apply for open job positions at Tellq. We process this data

on the basis of the consent of the person concerned. Note that when a recommendation

provider recommends a potential applicant and provides Us with that person’s personal

data, the recommendation provider is obliged to notify the potential applicant about such

provision of data to Us and to obtain their consent for it.

We process the personal data of recommendation providers for the purpose of giving

rewards for successful recommendations, in order to meet our obligations.

We process the personal data of persons who send queries via our website(s) or general

email address for the purpose of administering the queries and providing responses to

them. Persons who submit a query consent to the processing of their personal data in the

manner set out in this Policy.

We process the personal data of information recipients related to direct marketing

activities in order to conduct direct marketing, including but not limited to sending

newsletters, offering Tellq services by phone and extending invitations to participate in

events that We organise. We process such data on the basis of your consent or our

legitimate interest. You may at any time to revoke your consent or object to the use of

your data for direct marketing purposes as detailed below in this Policy.

6. TO WHICH PARTIES DO WE TRANSFER YOUR

PERSONAL DATA?

We may only disclose your personal data when there is a lawful basis (for example, when

that is required by law or an agreement that has been made or We have your specific

consent). Such information shall be disclosed in keeping with the applicable laws and

regulations of the Republic of Lithuania.

We give assurance that We will not transfer your personal data to any third parties except

where that is required in order to realise the above-specified purposes. To accomplish

those purposes, we responsibly select the service providers who provide us with

maintenance and administrative services, who supply and administer the software and

systems we use (e.g., financial accounting software), and who provide other necessary

services (data processors who process personal data according to our instructions). Note

that Tellq may make use of data processors who operate and who may process your data

in third countries (such as UK or USA). In such cases, Tellq will make every effort to

ensure the protection of your personal data as stipulated by the applicable legislation.

7. PERSONAL DATA PROTECTION

We take suitable technical and organisational measures to ensure the protection of your

personal data from accidental or unlawful destruction, loss or modification, and from

unauthorised disclosure or access.

8. FOR WHAT PERIOD OF TIME DO WE KEEP

YOUR PERSONAL DATA?

We store your personal data no longer than is required by the purposes for which the

personal data is processed.

We retain the personal data of our employees and the employees of our clients (including

potential clients) and partners for 2 (two) years, but always at least until the conclusion of

the corresponding agreement with a client or partner.

We keep the personal data of employees for 2 (two) years from the end of an employee’s

employment ties with Tellq, but always at least as long as is required by the applicable

legislation.

We retain the personal data of recommended potential applicants and recommendation

providers for 2 (two) months.

We retain the personal data of persons who send queries via our website(s) or general

email for 2 (two) years.

We retain the personal data of information recipients related to direct marketing for 2

(two) years.

We retain the customers data of emails attachments and audio recordings for 180 (one

hundred eighty) days

9. CUSTOMER’S RIGHTS

You have the right to get acquainted with your personal data which Tellq possesses and

to be informed about what personal data has been collected, for what purpose it is

processed, and to whom it is provided. You can submit a request by email to info@tellq.lt

If in reviewing your personal data you determine that it is incomplete, incorrect or

inaccurate and you wish to correct it or you wish for Us to discontinue processing of the

personal data, you can submit a request by email to info@tellq.lt

If in reviewing your personal data you determine that it is being processed unlawfully or

unfairly or if there are other legal grounds, you can submit a request by email to

info@tellq.lt

To the extent provided by applicable laws You are entitled to request your personal data 
to be deleted from Tellq systems. You can submit a request by email to info@tellq.io. 
 
10. Facebook Platform Terms 
1. Introduction 
▪   
a. Our Platform is the set of APIs, SDKs, tools, plugins, code, technology, content, 
and services that enables others, including app developers and website operators, 
to develop functionality, retrieve data from Facebook and any other Facebook 
Products, or provide data to us. 
▪   
b. To use Platform (including to Process any Platform Data), you agree to these 
Platform Terms (“Terms”), as well as all other applicable terms and policies. This 
may include the Facebook Terms of Service, the Instagram Terms of Use, 
the Facebook Commercial Terms, the Business Tools Terms, and any Facebook 
Product terms that are applicable. 
▪   
c. You must also comply with the applicable requirements in our Developer 
Policies and those made available on our Developer Site, including in 
our Documentation collectively, the “Developer Docs”) 
▪   
d. These Terms will start on the earlier of the date you accept them or otherwise 
start accessing or using Platform, and will continue until you stop accessing and 
using Platform, unless ended earlier as described below. If you are accepting these 
Terms or accessing or using Platform on behalf of an entity, you represent and 

warrant that you have the authority to bind such entity to these Terms and you

agree on behalf of such entity to be bound by these Terms (and for clarity, all

other references to “you” in these Terms refer to such entity). For clarity, these

Terms updated and replaced the Facebook Platform Policy and the Instagram

Platform Policy and any references in existing terms, policies, or agreements to

the “Facebook Platform Policy,” “Instagram Platform Policy,” or “Platform

Policy” shall now mean these Terms.

▪

e. If you fail to comply with these Terms or any other applicable terms or policies,

we may suspend or terminate your App or account, as described below.

▪

f. Capitalized terms not otherwise defined herein (including in Section 12

(“Glossary”) have the meaning given in our other terms and policies, including

our Terms of Service and our Facebook Commercial Terms. The term “including”

means “including without limitation.”

2. Intellectual Property Rights

▪

a. Our License to You. Subject to your compliance with these Terms and all other

applicable terms and policies, we grant you a limited, non-exclusive, non-

sublicensable (except to Service Providers as described below), non-transferable,

non-assignable license to use, access, and integrate with Platform, but only to the

extent permitted in these Terms and all other applicable terms and policies. You

will not sell, transfer, or sublicense Platform to anyone. Except as expressly

licensed herein, you will not use, access, integrate with, modify, translate, create

derivative works of, reverse engineer, or otherwise exploit Platform or any aspect

thereof. The Facebook Companies reserve all rights, title, and interest (including

the right to enforce any such rights) not expressly granted in these Terms.

▪

b. Your License to Us

▪

i. Your Content:

▪

1. You grant us a non-exclusive, transferable, sublicensable, royalty-

free, worldwide license to: host, use, distribute, modify, run, copy,

publicly perform or display, translate, and create derivative works of

any information, data, and other content made available by you or on

your behalf (including by your Service Providers or through your

App) in connection with Platform (collectively, “Your Content”) for

any business purpose in connection with operating, providing, or

improving Platform or any other Facebook Product. This license

remains in effect even if you stop using Platform. Without

limitation, your license to us includes: the right to incorporate Your

Content into other parts of Facebook Products, the right to attribute

the source of Your Content using your name, trademarks, or logos;

the right to use Your Content for promotional purposes, and the right

to analyze Your Content (including to make sure you’re complying

with these Terms and all other applicable terms and policies).

▪

2. If you use the Facebook Business Tools to send us Business Tool

Data, our use of that data is governed by the Business Tools Terms

rather than the foregoing license for Your Content.

▪

3. If you owned Your Content before providing it to us, you will

continue owning it after providing it to us, subject to any rights

granted in these Terms or any other applicable terms or policies and

any access you provide to others by sharing it via Platform.

▪

ii. Your App:

▪

1. You grant us a non-exclusive, transferable, sublicensable, royalty-

free, worldwide license to: host, use, distribute, modify, run, copy,

publicly perform or display, translate, and create derivative works of

your App for any business purpose in connection with operating,

providing, or improving Platform. This license remains in effect

even if you stop using Platform. Without limitation, the foregoing

license includes the right to frame or link to your App, to place

content (including ads) around your App, and to analyze your App

(including to assess your compliance with these Terms and all other

applicable terms and policies).

▪

2. As between the parties, in connection with Platform, we won’t be

subject to any terms or policies associated with your App or Your

Content (even if we click or tap agreement). Those terms and

policies are considered null and void and are rejected and excluded

from these Terms.

▪

3. Nothing in these Terms will be interpreted as a representation or

agreement that we will not develop or have not developed apps,

products, features, or services that are similar to your App or

compete with your App.

▪

iii. Your Name, Trademarks, and Logos: You grant us a non-exclusive,

transferable, sublicensable, royalty-free, worldwide license to use your

name, trademarks, and logos for distribution, marketing, and promotional

purposes, in connection with your use of Facebook Products, in all formats

and media. This license remains in effect for existing materials and

instances even if you stop using Platform.

▪

c. Protecting the Rights of Others

▪

i. You will not provide or promote content in your App that infringes upon

or otherwise violates the rights of any person or third party.

▪

ii. You will obtain (and represent and warrant that you own or have

secured) all rights necessary from all applicable rights holders to (1) grant

the licenses, rights, and permissions in these Terms (including those in

Section 2.b (“Your License to Us”)); (2) display, distribute, and deliver all

information, data, and other content in your App; and (3) otherwise operate

your App. This includes satisfying all licensing, reporting, and payout

obligations to third parties.

▪

iii. If your App contains content submitted or provided by your Users or

other third parties, you must have an appropriate notice and takedown

process and otherwise comply with all applicable laws and regulations to

respond to notices of claimed infringement. Without limiting that

compliance, in the United States, you must comply with all requirements of

the Digital Millennium Copyright Act.

3. Data Use

▪

a. Prohibited Practices. You will not perform, or facilitate or support others in

performing, any of the following prohibited practices (collectively, “Prohibited

Practices”):

▪

i. Processing Platform Data to discriminate or encourage discrimination

against people based on personal attributes including race, ethnicity, color,

national origin, religion, age, sex, sexual orientation, gender identity,

family status, disability, medical or genetic condition, or any other

categories prohibited by applicable law, regulation, or Facebook policy.

▪

ii. Processing Platform Data to make eligibility determinations about

people, including for housing, employment, insurance, education

opportunities, credit, government benefits, or immigration status. By

eligibility determinations, we mean determining whether to provide, deny,

or take away a particular benefit (for example, housing or scholarships) as

well as determining the terms under which the benefit will be provided,

denied, or taken away.

▪

iii. Processing Platform Data to perform, facilitate, or provide tools for

surveillance. Surveillance includes the Processing of Platform Data about

people, groups, or events for law enforcement or national security purposes.

▪

iv. Selling, licensing, or purchasing Platform Data.

▪

v. Placing Platform Data on, or otherwise making Platform Data available

to, a search engine or directory without our prior express written consent.

▪

vi. Attempting to decode, circumvent, re-identify, de-anonymize,

unscramble, unencrypt, or reverse hash, or reverse-engineer Platform Data

that is provided to you.

▪

vii. Changing your App’s core functionality or data Processing so that

Users would view it as an unfamiliar or different App, or materially

changing the scope of Processing of previously collected Platform Data,

unless in each case you first re-submit your App and receive our approval

through App Review.

▪

viii. Processing friend lists from Facebook to establish social connections in

your App unless each person in that connection has granted you access to

that information for that purpose.

▪

b. Additional Terms for Restricted Platform Data

▪

i. You will not request Restricted Platform Data unless it is necessary to

meaningfully improve the quality of the applicable User's experience in the

specific product or service for which the User shared the data.

▪

ii. It must be clear to the User why you are requesting their Restricted

Platform Data in order to improve the quality of their experience.

▪

iii. For clarity, your Processing of Restricted Platform Data must comply

with the applicable Developer Docs and other provisions of these Terms

(including the Prohibited Practices).

▪

c. Sharing Platform Data. You may only share Platform Data in compliance with

these Terms (including Sections 3.a (“Prohibited Practices”), 3.b (“Additional

Terms for Restricted Platform Data”), 4 (“Privacy Policy”), and 5 (“Service

Providers and Tech Providers”)), applicable law and regulations, and all other

applicable terms and policies, and only in the following circumstances:

▪

i. With respect to Platform Data collected as a Tech Provider, solely as

described below in Section 5.b (“Tech Providers”);

▪

ii. With respect to Platform Data not collected as a Tech Provider,

▪

1. when required under applicable law or regulation (you must retain

proof of the applicable legal or regulatory requirement or request

and provide it to us if we ask for it);

▪

2. with your Service Provider;

▪

3. when a User expressly directs you to share the data with a third

party (you must retain proof of the User’s express direction and

provide it to us if we ask for it); or

▪

4. solely with respect to Platform Data that is not Restricted

Platform Data, with other third parties, so long as:

▪

a. you first contractually prohibit them from using the

Platform Data in a way that would violate these Terms or any

other applicable terms or policies (you must retain proof of

the contractual prohibition and provide it to us if we ask for

it); and

▪

b. you ensure that any such third parties comply with these

Terms and all other applicable terms and policies as if they

were in your place, and you are responsible for their acts and

omissions, including their noncompliance.

▪

d. Retention, Deletion, and Accessibility of Platform Data

▪

i. Unless required to keep Platform Data under applicable law or regulation,

you must (and must make reasonable efforts to ensure your Service

Providers) do the following:

▪

1. Make reasonable efforts to keep Platform Data up to date,

including Platform Data that has been modified or deleted. You must

update Platform Data promptly after receiving a request from us or

the User to do so. You must give Users an easily accessible and

clearly marked way to ask for their Platform Data to be modified or

deleted.

▪

2. Delete all Platform Data as soon as reasonably possible in the

following cases:

▪

a. When retaining the Platform Data is no longer necessary

for a legitimate business purpose that is consistent with these

Terms and all other applicable terms and policies;

▪

b. When you stop operating the product or service through

which the Platform Data was acquired;

▪

c. When we request you delete the Platform Data for the

protection of Users (which we will determine at our sole

discretion);

▪

d. When a User requests their Platform Data be deleted or no

longer has an account with you (unless the Platform Data has

been aggregated, obscured, or de-identified so that it cannot

be associated with a particular User, browser, or device), or

for Tech Providers, when a User or the Client requests their

Platform Data be deleted or the Client no longer has an

account with you;

▪

e. When required by applicable law or regulations; or

▪

f. As required under Section 7 (“Compliance Review Rights

and Suspension and Termination of these Terms”).

▪

ii. If you are required to keep Platform Data under applicable law or

regulation, you must retain proof of the applicable legal or regulatory

requirement or request and provide it if we ask for it.

▪

iii. If you have received Platform Data in error, you must immediately

report this to us, delete that Platform Data, and provide proof of deletion if

we ask for it.

▪

e. Exceptions to Restrictions. The above provisions of this section (Section 3.a-d)

do not apply to certain Platform Data as described here.

4. Privacy Policy

▪

a. If you use Platform to Process Platform Data, you will provide and comply with

a publicly available and easily accessible privacy policy.

▪

b. This policy must comply with applicable law and regulations and must

accurately and clearly explain what data you are Processing, how you are

Processing it, the purposes for which you are Processing it, and how Users may

request deletion of that data.

▪

c. You may only Process Platform Data as clearly described in your privacy policy

and in accordance with all applicable law and regulations, these Terms, and all

other applicable terms and policies.

▪

d. Your privacy policy will not supersede, modify, or be inconsistent with these

Terms or any other applicable terms or policies.

▪

e. You must retain all of your privacy policies in effect while using Platform and

provide them to us if we ask for them.

▪

f. You will maintain publicly available links to your privacy policies in the privacy

policy field in the settings of your App Dashboard, as well as in any App Store

that allows you to do so, if applicable, and ensure the links remain current and up

to date.

5. Service Providers and Tech Providers

▪

a. Service Providers

▪

i. You will not use a Service Provider in connection with your use of

Platform or Processing of Platform Data unless such Service Provider first

agrees in writing to do the following:

▪

1. Use Platform and Process Platform Data solely for you and at

your direction in order to provide services you requested in a manner

that is consistent with these Terms, all other applicable terms and

policies, and your privacy policy, and for no other individual or

entity and for no other purpose, including for the Service Provider’s

own purposes; and

▪

2. In the event the Service Provider engages another Service

Provider (“Sub-Service Provider”) in order to provide the services

requested, ensure the Service Provider requires the Sub-Service

Provider in writing to comply with the above requirements.

▪

ii. You must ensure that any Service Provider and Sub-Service Provider

complies with these Terms and all other applicable terms and policies as if

they were in your place, and you are responsible for their acts and

omissions, including their noncompliance.

▪

iii. When you cease using a Service Provider or Sub-Service Provider, you

must ensure they immediately cease using Platform and Processing

Platform Data and promptly delete all Platform Data in their possession or

control.

▪

iv. Upon our request, you must provide a list of your Service Providers and

Sub-Service Providers including up-to-date contact information for each,

the types and volume of Platform Data shared, and proof of written

agreements with your Service Providers to demonstrate compliance with

this Section.

▪

v. We may prohibit your use of any Service Provider or Sub-Service

Provider in connection with your use of Platform or Processing of Platform

Data if we believe that (1) they have violated these Terms or other

applicable terms or policies or (2) they are negatively impacting Platform,

other Facebook Products, Platform Data, or people who use Facebook

Products, and will provide notice to you if we do. Promptly upon such

notice, you must stop using that Service Provider or Sub-Service Provider

in connection with your use of Platform or Processing of Platform Data.

▪

vi. We may require that your Service Providers or Sub-Service Providers

agree to these Terms or other applicable terms or policies in order to

access Facebook Products, Platform, or Platform Data.

▪

b. Tech Providers

▪

i. If you are a Tech Provider, you must comply with the other provisions of

these Terms, as well as the provisions in this section with respect to your

use of Platform and Processing of Platform Data as a Tech Provider. If the

terms conflict, the terms that are more restrictive on you or more protective

of us apply.

▪

ii. You, as a Tech Provider, understand and agree to the following:

▪

1. You will only use Platform and Process Platform Data on behalf

of and at the direction of your Client on whose behalf you access it

to help such Client to use Platform or Process Platform Data in

accordance with these Terms and all other applicable terms and

policies (“Client’s Purpose”), and not for your own purposes or

another Client’s or entity’s purposes (for example, you will not

Process Platform Data to build or augment user profiles for your

own purposes or another Client’s purposes);

▪

2. You will ensure that Platform Data you maintain on behalf of one

Client is maintained separately from that of other Clients;

▪

3. You will maintain an up-to-date list of your Clients and their

contact information and provide it to us if we ask for it;

▪

4. You will only share Platform Data in compliance with these

Terms (including Sections 3a (“Prohibited Practices”), 3b

(“Additional Terms for Restricted Platform Data”), and 5a (“Service

Providers”)), applicable law and regulations, and all other applicable

terms and policies, and only in the following circumstances:

▪

a. with your applicable Client, so long as you first

contractually prohibit such Client from Processing Platform

Data in a way that would violate these Terms or any other

applicable terms or policies;

▪

b. to the extent required under applicable law or regulation

(you must retain proof of the applicable legal or regulatory

requirement or request and provide it to us if we ask for it);

▪

c. with your Service Provider solely to the extent necessary

for your applicable Client’s Purpose; or

▪

d. with your Client’s service provider solely to the extent

necessary for such Client’s Purpose and when such Client

expressly directs you to share the data with such service

provider (you must retain proof of the Client’s express

direction and provide it to us if we ask for it);

▪

5. We may require that your Clients agree to these Terms or other

applicable terms or policies in order to access Facebook Products,

Platform, or Platform Data through your App.

▪

6. You will promptly terminate a Client’s use of our Facebook

Products, Platform, or Platform Data through your App if we request

it because we believe that the Client (a) has violated these Terms or

other applicable terms or policies or (b) is negatively impacting

Platform, other Facebook Products, Platform Data, or people who

use Facebook Products.

6. Data Security

▪

a. Data Security Requirements

▪

i. You must always have in effect and maintain administrative, physical,

and technical safeguards that do the following:

▪

1. Meet or exceed industry standards given the sensitivity of the

Platform Data;

▪ 2. Comply with applicable law and regulations, including data

security and privacy laws, rules, and regulations; and

▪

3. Are designed to prevent any unauthorized (including in violation

of these Terms or any other applicable terms or policies) Processing

(including, for the avoidance of doubt, access, destruction, loss,

alteration, disclosure, distribution, or compromise) of Platform Data.

▪

ii. You must have a publicly available way for people to report security

vulnerabilities in your App to you, and you must promptly address

identified deficiencies.

▪

iii. You must not solicit, collect, store, cache, proxy, or use Facebook or

Instagram login credentials of other Users.

▪

iv. You must not transfer or share user IDs or your access token and secret

key, except with a Service Provider who helps you build, run, or operate

your App.

▪

b. Incident Reporting

▪

i. If any of the following incidents happen, you must promptly, and no later

than 24 hours after you become aware of the incident, notify us and provide

us with information we request regarding:

▪

1. Any unauthorized (including in violation of these Terms or any

other applicable terms or policies) Processing (including, for the

avoidance of doubt, access, destruction, loss, alteration, disclosure,

distribution or compromise) of Platform Data; or

▪

2. Any incidents that are reasonably likely to compromise the

security, confidentiality, or integrity of your IT Systems or your

Service Provider’s or Sub-Service Provider’s IT Systems.

▪

ii. You must immediately begin remediation of the incident and reasonably

cooperate with us, including by informing us in reasonable detail of the

impact of the incident upon Platform Data and corrective actions being

taken, and keeping us updated about your compliance with any notification

or other requirements under applicable laws and regulations.

7. Compliance Review Rights and Suspension and Termination of these Terms

▪

a. App Review. We may require that you submit your App for our review or

approval (“App Review”). Whether or not your App (including its access to any

Platform Data) is approved (which will be in our sole discretion), you will ensure

that your App is compliant with these Terms and all other applicable terms and

policies, and we may review your App for such compliance from time to time, in

our sole discretion. You will cooperate with our reviews and provide any

information we request therefor. We may verify information you provide to us

during any such reviews or otherwise in your App dashboard, which you will

update to keep it complete and accurate.

▪

b. Regular Monitoring. We, or third-party professionals working at our direction

(including auditors, attorneys, consultants, and/or computer forensics analysts)

(collectively, “Third-Party Auditors”), may conduct regular monitoring of your

App and its access to Platform and Processing of Platform Data using technical

and operational measures.

▪

c. Auditing Rights

▪

i. We or Third-Party Auditors may conduct an Audit, no more than once a

calendar year unless there is a Necessary Condition, to ensure that your and

your App’s Processing of Platform Data is and has been in compliance with

these Terms and all other applicable terms and policies.

▪

ii. Audits will be conducted during normal business hours after providing

you with at least 10 business days’ written notice (email will suffice),

unless we determine in our sole discretion a Necessary Condition requires

more immediate access.

▪

iii. You will cooperate with the Audits, including by (1) providing all

necessary physical and remote access to your IT Systems and Records, and

(2) providing information and assistance as reasonably requested (including

making your personnel who are knowledgeable about your or your App’s

Processing of Platform Data available for our questioning).

▪

iv. You will also use commercially reasonable efforts to get permission and

cooperation from your Service Providers for us to conduct such Audits with

respect to their IT Systems, Records, and applicable personnel.

▪

v. You will remedy any non-compliance revealed by an Audit as soon as

reasonably practicable (as we determine based on the facts and

circumstances), after which we may conduct follow-up Audits to ensure

proper remediation of the non-compliance.

▪

vi. If an Audit reveals any non-compliance by you or your Service

Provider(s) then you will reimburse us for all of our reasonable costs and

expenses associated with conducting the Audit and any related follow-up

Audits.

▪

vii. After these Terms have ended, our Audit rights under this Section will

survive until 1 year after the later of when you affirmatively demonstrate

that you have stopped Processing all Platform Data and all embodiments

thereof that are in your and your Service Providers’ possession or control

have been deleted. For the avoidance of doubt, nothing in this Section

limits any other rights or remedies we may have by law, in equity, or under

these Terms or other applicable terms or policies.

▪

d. Certifications. From time to time, we may request (in writing or through your

App dashboard, Platform, or any Facebook Product) information, certifications,

and attestations relating to your use of Platform or Processing of Platform Data,

which you will provide to us in the requested time frame and form. This may

include certifying: (i) your compliance with these Terms and all other applicable

terms and policies, and (ii) the purpose or use for the Platform Data you have

requested or have access to, and that each such purpose or use complies with these

Terms and all other applicable terms and policies. All such certifications and

attestations must be provided by an authorized representative of yours.

▪

e. Suspension and Termination

▪

i. We may take enforcement action against you and your App if we believe,

in our sole discretion, that:

▪

1. You have not timely responded to our requests related to

monitoring or auditing;

▪

2. You or your App has violated or may have violated these Terms

or any other applicable terms or policies or is negatively impacting

Platform, other Facebook Products, Platform Data, or people who

use Facebook Products;

▪

3. It is needed to comply with applicable laws or regulations or

otherwise required or requested by a court order or governmental

authority; or

▪

4. It is needed to protect the Facebook Companies from legal or

regulatory liability.

▪

ii. We may take enforcement action at any time, including while we

investigate your App, with or without notice to you. Enforcement can be

both automated and manual. It can include suspending or removing your

App, removing your access and your App’s access to Platform, requiring

that you stop Processing and delete Platform Data, terminating our

agreements with you, or any other action that we consider to be

appropriate, including terminating other agreements with you or your

ability to use Facebook Products.

▪

iii. We may suspend or end your App’s access to any Platform APIs,

permissions, or features that your App has not used or accessed within a

90-day period with or without notice to you.

8. Notice

After you agree to these Terms, any written notice, request, or communications from us

to you may be provided via email or mail (for example, to the email address or mailing

address in your App account with us) or via notifications within the Facebook

Products (for example, in your account with us). You will keep your contact information

current, including name, business name, and email.

9. Indemnification

In addition to and without limiting the scope of the “Indemnification” Section in

our Facebook Commercial Terms if anyone brings a claim, cause of action, or dispute

against the Facebook Companies related to your use of Platform, your Processing of

Platform Data, Your Content, or your App, name or logo, products or services, or actions

in connection with Platform, you will indemnify and hold the Facebook

Companies harmless from and against all damages, losses, and expenses of any kind

(including reasonable legal fees and costs) related to any such claim, cause of action, or

dispute.

10. International Transfers

This section shall apply to the extent that your Processing of Platform Data includes

personal data controlled by Facebook Ireland Limited (“Facebook Ireland Data”) and the

transfer of such Facebook Ireland Data to a territory outside of the European Economic

Area that does not have a positive adequacy decision from the European Commission

under Article 25(6) of Directive 95/46/EC (each an “EEA Data Transfer”). In these cases

you will comply with the following:

▪

a. if you are relying on the EU-U.S. Privacy Shield (the “Privacy Shield”) and are

certified under Privacy Shield to receive categories of data which include the

Facebook Ireland Data, you will comply with the Privacy Shield Principles. If

your Privacy Shield certification does not cover the EEA Data Transfer or you are

unable to comply with the Privacy Shield principles (or your Privacy Shield

certification in respect of the EEA Data Transfer should end), you will

immediately notify us, stop your access to and use of Platform and Processing of

Platform Data, and take reasonable and appropriate steps to fix any non-

compliance; or

▪

b. if the EEA Data Transfer is not covered by Privacy Shield, then your use of

Facebook Ireland Data is subject to the Clauses. In these cases, Facebook Ireland

Limited is the “data exporter” and you are the “data importer” as defined in the

Clauses, and you select option (iii) of Clause II(h) and agree to the data processing

principles of Annex A to the Clauses. For the purposes of Annex B to the Clauses,

the following will apply:

▪

i. “Data subjects” are people who visit, access, use, or otherwise interact

with the App and the products and services of Facebook Ireland Limited;

▪

ii. “Purpose of the transfer(s)” is the provision of the App and other

products and services by you to Users pursuant to the applicable terms and

conditions and privacy policy of you and/or your Client;

▪

iii. “Categories of data” are Facebook Ireland Data, which includes profile

information, photos and videos, location information, communications

between Users, information about use of the App and other products and

services, payment information, device information, information about visits

to third-party websites or Apps that use a “like” or “comment” button or

other service integration, information from third-party partners or

the Facebook Companies, or as otherwise set forth in the Data Policy;

▪

iv. “Recipients” are you and users of your App and other products and

services;

▪

v. “Sensitive data” is personal data about a person’s racial or ethnic origin,

political opinions, religious or philosophical beliefs, trade-union

membership, genetic data, biometric data for the purpose of uniquely

identifying a natural person, data concerning health or data concerning a

natural person’s sex life or sexual orientation, criminal convictions, or

alleged commission of an offense; and

▪

vi. “Contact points for data protection enquiries” are the representatives of

Facebook Ireland Limited and you with responsibility for data privacy.

11. General

▪

a. In accordance with our Terms of Service, you will not transfer any of your

rights or obligations under these Terms to anyone else without our prior written

consent. Transferring can include assignment, acquisition, merger, change of

control, or other forms of transfer. Any unpermitted transfer will be considered

null and void. For any permitted transfer, you can continue to Process Platform

Data only for your App subject to these Terms and only after you re-submit your

App and receive our approval through our App Review process.

▪

b. You also must comply with all applicable laws and regulations (including the

Children’s Online Privacy Protection Act (“COPPA”) and the Video Privacy

Protection Act (“VPPA”)).

▪

c. If there is any conflict between these Terms and any other applicable online

terms, the terms that are more restrictive on you and your App or more protective

of us apply. If you have previously agreed to our Supplemental Terms for

Extended Platform Products and/or our Technology Provider Amendment to

Supplemental Terms for Extended Platform Products, these Terms hereby

supersede and replace them.

▪

d. We reserve the right to amend these Terms at any time. Your continued use of

or access to Platform after any such amendment will constitute your binding

agreement to these Terms as amended.

▪

e. We may change, suspend, or discontinue the availability of Platform at any

time. In addition, we may impose limits on certain features and services or restrict

your access to parts or all of our APIs or websites without notice or liability.

▪

f. If we elect to provide you with support or modifications for Platform, we may

discontinue either at any time without notice to you.

▪

g. We do not guarantee that Platform will always be free.

▪

h. We can issue a press release or otherwise make public statements or disclosures

describing our relationship with you or your use of Platform.

▪

i. When these Terms have ended, all rights granted to you under these Terms will

immediately stop and you will immediately stop using Platform. The following

Sections will remain in effect after these Terms have ended: Section 2.b, Section

2.c, Section 3, Section 4, Section 5, Section 6, Section 7, Section 9, Section 10,

Section 11, and Section 12.

12. Glossary

▪

a. “App” means any technical integration with Platform or to which we have

assigned an App identification number. Any code, APIs, SDKs, tools, plugins,

bots, websites, applications, specifications, and other technology made available

by you or on your behalf in connection with Platform is considered part of your

App.

▪

b. “Audit” means a review, inspection, or audit of your and your Service

Providers’ IT Systems or Records.

▪

c. “Clauses” means the standard contractual clauses annexed to European

Commission Decision 2004/915/EC.

▪

d. “Client” means the User of a Tech Provider’s App.

▪

e. “Developer” means the person or entity that creates or operates an App.

▪

f. “Developer Docs” has the meaning given in Section 1.c (“Introduction”).

▪

g. “IT Systems” means information technology systems (real and virtual),

networks, technologies, and facilities (including physical and remote access to

data centers and cloud facilities) that Process Platform Data.

▪

h. “Necessary Condition” means any of the following:

▪

i. it is required by applicable law, rule, or regulation or otherwise required

or requested by a court order or governmental authority;

▪

ii. we suspect that you or your App have Processed Platform Data in

violation of these Terms or other applicable terms or policies;

▪

iii. you enter into a change of control transaction or transfer (or request to

transfer) any of your rights or obligations under these Terms or other

applicable terms or policies;

▪

iv. we determine in our sole discretion it is necessary to ensure that you and

your App have deleted Platform Data in accordance with these Terms and

all other applicable terms and policies; or

▪

v. we determine in our sole discretion it is necessary to ensure proper

remediation of any non-compliance revealed by an Audit.

▪

i. “Platform” means the set of APIs, SDKs, tools, plugins, code, technology,

content, and services that enables others, including app developers and website

operators, to develop functionality, retrieve data from Facebook and any

other Facebook Products, or provide data to us.

▪

j. “Platform Data” means any information, data, or other content you obtain from

us, through Platform or through your App, whether directly or indirectly and

whether before, on, or after the date you agree to these Terms, including data

anonymized, aggregated, or derived from such data. Platform Data includes app

tokens, page tokens, access tokens, app secrets, and user tokens.

▪

k. “Process” means any operation or set of operations performed on data or sets of

data, whether or not by automated means, including use, collection, storage,

sharing, or transmission.

▪

l. “Prohibited Practices” has the meaning given in Section 3.a (“Prohibited

Practices”).

▪

m. Records” mean books, agreements, access logs, third-party reports, policies,

processes, and other records regarding the Processing of Platform Data.

▪

n. “Restricted Platform Data” means Platform Data that (i) reasonably can be used

to identify a particular User or device; (ii) is accessed using the permissions

listed here; or (iii) we otherwise designate as Restricted. Notwithstanding the

foregoing, Restricted Platform Data does not include data that can be accessed

using the permissions listed here.

▪

o. “SDKs” means any object code, source code, or documentation you receive

from us that helps you create Apps or content for use with the Platform.

▪

p. “Service Provider” means an entity you use to provide you services in

connection with Platform or any Platform Data.

▪

q. “Tech Provider” means a Developer of an App whose primary purpose is to

enable Users thereof to access and use Platform or Platform Data.

▪

r. “Third-Party Auditors” has the meaning given in Section 7.b (“Regular

Monitoring”).

▪

s. “User” means the end user of an App (whether a person or an entity).

▪

t. “Your Content” has the meaning given in Section 2.b (“Your License to Us”).

10. OTHER CUSTOMER’S RIGHTS

Tellq works as a software provider and has several distribution Partners across Baltic

countries.