General Terms and Conditions of the
Zenfluence Influencer Marketing Platform

Preamble/Application

Zenfluence is an offer of Cilantro Pte. Ltd. .10 Anson Road, #29-10 International Plaza, Singapore (079903), in the following referred to as Zenfluence, zenfluence, zenfluence.co, zenfluence.app or "the Platform".

All participants (hereinafter also referred to as "Users"), regardless of the purpose of participation in the Zenfluence platform, are subject to the terms of use set forth in Part A below.

For persons who wish to place advertising orders via the platform (hereinafter referred to as "advertisers"), the conditions in Part B, which take precedence in their area of application, Part A, shall additionally apply.

For persons who wish to receive advertising orders via the platform (hereinafter referred to as "Influencer"), the conditions in Part C, which apply in their area of application Part A, shall apply additionally.

Part A. Regulations for all users

The following conditions apply to all users of the Zenfluence platform. Users are natural persons who register with Zenfluence as well as legal persons or other legal entities who may be represented by persons registered with Zenfluence, regardless of their legal basis (e.g. the position of a legal person or legal authority).


1. Portal access and registration

The Zenfluence portal is only available to a limited group of users. In order to gain access to the portal and related functions via a user profile, the user must register in advance and meet following requirements:

  • The user must be a local resident of Singapore
  • The user must have a min. of 5,000 followers on Instagram
  • The user’s Instagram posts must have a min. engagement rate of 2%
  • The user must make his/her Instagram profile public

Further, it requires the registration of a user name and a password as well as the indication of the personal e-mail address, the title, the surname and the first name as well as - if available - the company for which the user acts. This one-time and free registration enables the user to create his own Zenfluence profile (user profile) and to use the described functions below. Zenfluence offers two different profile types:

Advertisers can be business people, freelancers, companies, associations, clubs and public institutions who want to advertise on the Internet with the help of user profiles in social networks. The registration of consumers, i.e. natural persons who act purely privately and who do not pursue their own economic purposes or those of third parties on their behalf, is prohibited.

Influencers are people who publish on the Internet on social media platforms (e.g. Facebook, Twitter, Instagram) and are willing to implement advertising measures commissioned by advertisers. Influencers must be able to settle accounts with Zenfluence or advertisers on an invoice basis in accordance with the provisions of the jurisdiction applicable to them. In Singapore, this means that influencers must be self-employed in order to participate in Zenfluence.

Each user undertakes to provide truthful information which may enable him/her to be contacted and billed correctly.

To use the Zenfluence functions, registered users must first log in with their user name and password.

Registered users may not grant third parties access to your profile and must keep all passwords and access information confidential. If a third party uses a user's profile for an unlawful act, the user must compensate for the damage if he culpably made the use possible. Furthermore, he must provide Zenfluence directly with the necessary information to claim damages from the party causing the damage, insofar as he is aware of it or can identify it or can contribute to its identification.

Input errors during registration can be corrected during the input process by using the corresponding functions in the user's browser software. After registration it is possible to change the user data in the user's profile.

There is no right to register with Zenfluence. Zenfluence reserves the right to refuse the registration of users or to block user accounts. Zenfluence also reserves the right to discontinue or substantially change the service at any time.

2. Obligations of the users

Every user of the Zenfluence portal is responsible for content published by him within the portal or in connection with an advertising order outside the portal. This applies in particular to intentional or negligent violations of applicable legal regulations.

Zenfluence reserves the right to temporarily block or completely close user accounts without prior notice if their owners violate the following rules/obligations.

These include:

  • the protection of privacy, intellectual property, press law, patent law, copyright, trademark protection law and the right to one's own image;
  • applicable legal provisions to prevent fraud;
  • the rules of public order;
  • the prohibition of the distribution of pornographic or youth-endangering content;
  • the regulations for the protection of minors;

It is also prohibited on Zenfluence:

  • deception of identity (e.g. by imitation of another natural or legal person);
  • the knowingly dissemination of untrue information, even without the intentional intention of harming third parties;
  • the distribution of content (e.g. articles, comments, images, source code) to which the user is not legally authorized;
  • Insults, harassment or personal attacks by other users of the Zenfluence portal, of any kind, and the use of an aggressive or vulgar language or equivalent signs;
  • defamatory contributions or comments;
  • misuse the possible exchange of electronic messages, including the functions of embedded services of third party advertising partners (such as Facebook® or Google+®), for the unsolicited sending of messages or information to third parties for advertising purposes (spamming);
  • to distribute news or offers that are not related to the purpose of the platform;
  • posting/publishing content, comments or contributions that are subject to confidentiality;
  • Posting/publishing content, comments or articles containing malicious code (e.g. viruses, Trojans, CrossSiteScripts or similar);
  • the attempt by oneself or by unauthorized third parties to unauthorizedly retrieve information or data or to interfere or have interfered with programs and Internet services operated by Zenfluence or to penetrate data networks of Zenfluence without authorization ("hacking");
  • Advertisement for or information about illegal activities;
  • the offering of goods, goods or services which are unlawful or for which the registered user does not have all the necessary rights to offer and sell them;
  • any conduct that may damage the reputation and/or reputation of Zenfluence.

Every Zenfluence user commits himself:

  • To inform Zenfluence immediately about any unauthorized content of which they become aware;
  • not to insert URLs (hyperlinks, e-mail links etc.) into its contents (e.g. contributions and/or comments) that refer to contents that violate the principles laid down in Part A, Section 2 of these Terms of Use;
  • to check data and information for viruses before sending them and to use state-of-the-art virus protection programs;
  • to free Zenfluence from all claims of third parties, which are based on the violation of one of the above rules or any other illegal use of the service by him or take place with his approval or which arise in particular from data protection law, copyright or other legal disputes, which are connected with the use of the service. If the user recognizes or has to recognize that such a violation threatens, he is obliged to inform Zenfluence immediately.

3. No operational guarantee

The user has no claim to the availability of the platform of Zenfluence at a certain time. Zenfluence reserves the right to secondarily shut down the platform or restrict access to the platform for maintenance, revision, security or operational reasons. Unless triggered by unforeseen events, Zenfluence will announce maintenance intervals as appropriate.

4. Reservation of right to make changes

Zenfluence reserves the right to change or suspend access to the Portal and related services, sections, offers, goods and products at any time, in whole or in part, with or without prior notice, temporarily or permanently. Users agree that Zenfluence shall not be liable to them or any third party for any modification, termination or interruption of the availability of the Portal and related services, sections, offers, goods and products.

5. Applicable law, place of jurisdiction and final provisions

The law of the Republic of Singapore shall apply exclusively. If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of Zenfluence. The contract language is English. Zenfluence is not subject to any voluntary codes of conduct. The contract text is stored in the Zenfluence system but cannot be accessed by the user.

6. Rights of third parties

Zenfluence attaches great importance to not violating the rights of third parties. Should a user have the impression that his rights have been violated or in any way impaired by this internet presence, please contact Zenfluence directly. Zenfluence will investigate the matter as soon as possible and take the necessary measures.

Part B. Regulations for advertisers (advertising partners)

1. Advertiser

Advertisers can be business people, freelancers, companies, associations, clubs and public institutions who want to advertise on the Internet with the help of user profiles in social networks. The registration of consumers, i.e. natural persons who act purely privately and who do not pursue their own economic purposes or those of third parties on their behalf, is prohibited.

2. Individual orders

Advertisers are given the option of ordering advertising campaigns from Zenfluence that are implemented by influencers registered with Zenfluence (definition "influencers" see Part C).

Subject of the contract between advertiser and Zenfluence is the placement of advertising by one or more influencers.

The advertiser can place desired advertising via the Zenfluence system by publishing an offer for the influencers on the Zenfluence platform. The desired influencer deal must be stored in the system of Zenfluence with a detailed description and additional materials (photos, videos, etc.) if necessary.

Zenfluence will then offer the deal to registered influencers with a matching user profile. Zenfluence cannot guarantee that a sufficient number of influencers will contact us to implement the deal and make an advertising posting. If insufficient influencers are found, the campaign will be reduced accordingly.

3. Illegal advertising

The principles laid down in Part A, No. 2 apply to the advertising to be placed. Zenfluence reserves the right to refuse advertising orders / influencer offers without giving reasons.

Offers (and related advertising) that are likely to damage the public image of Zenfluence are prohibited, even if such advertising does not violate the law of the Republic of Singapore. Suitable damage to the reputation of Zenfluence is in particular advertising for political extremist parties, associations, associations, world views or products in which such an attitude of mind manifests itself and advertising that is perceived as sexist by substantial parts of the public, as well as glorification of violence, furthermore the commitment to religious fundamentalism or the spread of conspiracy theories.

If these principles are violated, Zenfluence reserves the right to terminate ongoing campaigns and terminate contracts without notice.

4. Liability in the event of legal infringements

Zenfluence is liable in relation to the advertiser only for own fault, but not for the fault of the influencer, unless there is an own (selection) fault on the part of Zenfluence.

The advertiser is informed of the regulation in Part C, Section 3 d), which gives rise to a claim by the advertiser against the influencer if the influencer culpably causes damage to the advertiser through the unlawful design of the advertising.

5. Legal requirements for the content of the advertiser

The presentation of the advertising partner and its products on Zenfluence must comply with all applicable legal provisions. In particular, no copyrights, trademarks or other proprietary rights of third parties may be infringed and there is no infringement of competition law.

The advertising partner undertakes not to use any content that contains harmful or unexpected functions. Unexpected functions are those that are neither documented nor visible to an ordinary end user of the content. These include, for example, functions that establish data connections to external computers, transfer data or spy on content without the user's approval.

No. I. 2, 3 and 5 of these Terms of Use also apply analogously to the contents of the advertising partners.

If Zenfluence is claimed by third parties for contents of the advertising partner, the advertising partner is obliged to compensate for the damage. If there is no obvious violation of law, in particular no violation of criminal or regulatory law, Zenfluence may, at its own discretion, legally defend content at the request of the advertising partner, if the advertising partner Zenfluence will advance the expected costs required for this.

6. Content requirements for the advertiser's content

Deals posted by the advertising partner must be sufficiently and comprehensibly described and sorted into the appropriate categories.

Deals posted by the advertising partner will be checked by Zenfluence prior to activation with regard to the above requirements. This cursory preliminary examination does not involve a check of the legal admissibility of the offers. In particular, Zenfluence will not examine the admissibility of the advertising measures under competition law and will not examine whether the deal infringes the trademark, copyright, patent, name or other proprietary rights of third parties. Zenfluence reserves the right to refuse to publish, block or delete campaigns in cases of obvious legal violations.

Part C. Regulations for influencers

1. Influencer

a) Influencers are persons who publish on the Internet on social media platforms (e.g. Facebook, Twitter, Pinterest) and are willing to implement advertising measures commissioned by the advertisers. Influencers must be able to bill Zenfluence and/or advertisers on an invoice basis in accordance with the rules of the jurisdiction applicable to them. In Singapore, this means that influencers must be self-employed in order to participate in Zenfluence.

b) Influencers are not obliged to accept offers from Zenfluence. You are completely free in your choice of place of work and working hours.

c) Zenfluence cannot guarantee a certain number of offer redemptions or sales per influencer.



2. Conditions and obligations for participation as an influencer

a) The object of the contract between advertiser and Zenfluence is the placement of advertising by the influencer.

b) The influencer becomes self-employed, he must regulate his trade law and tax concerns himself. Zenfluence points out that under Singapore law influencers are obliged to register a trade and report the commencement of their activities to the tax office, unless a comparable self-employed activity has already been carried out and registered. Zenfluence also points out that income from the self-employment of influencers is generally subject to VAT and influencers are accordingly obliged to file tax returns. Influencers must not have worked with Zenfluence before.

c) Influencers must regularly publish on all or some of the social networks supported by Zenfluence and have a core readership that allows them to effectively place advertising messages. Zenfluence reserves the right to exclude influencers from participation in Zenfluence whose publications are likely to damage the public image of Zenfluence, even if these publications do not violate Singapore Republic law. Any advertising for politically extremist parties, associations, associations, world views or products in which such an attitude of mind manifests itself and publications which are perceived as sexist by substantial parts of the public, as well as glorification of violence, the profession of religious fundamentalism or the dissemination of conspiracy theories are particularly suitable for damaging the reputation of Zenfluence.

d) The influencer agrees to provide an unlimited license for further use of the posted advertisement content (social media posts, IG stories, photos, videos and copy) to the advertisers and to Zenfluence.

e) The influencer undertakes that his connected persons in the social networks (e.g. "friends" or "like" contacts on Facebook, "followers" on Twitter etc.) are real persons who are in contact with the influencer for content reasons and who have not been paid for this by the influencer or third parties or have been appointed for it in any other unfair manner (e.g. deception, threat).

f) Participation with user accounts is not permitted on social networks where a significant proportion of the users are made up of people in countries where the publication language of the influencer is not regularly spoken (e.g. English Facebook account with predominantly Chinese "likes").

g) If Zenfluence become aware that the influencer has manipulated his contacts in the manner described above, the influencer will be excluded.



3. Implementation of advertising

a) After the influencer redeemed an offer from an advertiser, the influencer is obliged to post an advertisement, in the form of one Instagram post, on his Instagram channel within 48 hours after redemption. Additional deliverables could be requested by the advertiser and are described in the offer-specific Terms & Conditions in the ‘detail view’ of the offer on the Zenfluence app.

b) Characteristic for the advertising commissioned via Zenfluence is that the influencer writes the texts himself and garnishes them with other material (e.g. photos, pictures, videos etc.) provided by the advertiser. The influencer is free in the treatment of the advertising object, however obliged to report positively in the basic tenor.

c) The influencer is obliged to label the advertising as such. This is usually done by specifying the word "Advertisement" or “in partnership with” together with the respective post.

d) The influencer will make the advertising legally compliant and comply with the advertiser's instructions. In particular, the influencer will refrain from making any reference to products or services of third parties (in particular competitors of the advertiser) within the advertising, unless such reference is expressly the subject of the order.

e) If the advertiser or Zenfluence is successfully claimed by third parties due to an advertising contribution by the influencer, the influencer is obliged to compensate the advertiser and/or Zenfluence if the damage is due to the fault of the influencer.
If the influencer otherwise causes damage to the advertiser through culpable breach of duty, the influencer is also directly responsible to the advertiser in this respect for compensation of the damage.

f) The influencer will immediately block advertising contributions at the request of Zenfluence or at the advertiser's request. Unless the request for blocking is based on a violation by the influencer of applicable law or these conditions, the influencer retains his claim for payment in full. If the amount of the compensation claim has not been determined at the time of the block, the influencer will receive compensation in the amount in which it would have been expected on the basis of the usual call-off figures of the influencer's offers.


Part D. Data Protection

Zenfluence attaches great importance to the protection of your personal data. The protection of your privacy is our priority.
We will therefore treat your personal data confidentiality in compliance with the applicable data protection regulations. Your data will neither be published by us nor passed on to third parties, unless you have explicitly authorized us to do so or something else results from this instruction.
Data that you send us via the contact fields on this website serve us to contact you and, if necessary, to process the contract.

1. Data collection

Each web server automatically registers access to the websites offered on it. When you visit our website, our web server temporarily records your IP address or your domain name as well as the date of access, the name of the file and the URL to which you have accessed, the HTTP response code and the website from which you may come to us, and the information transmitted during the connection in order to maintain system security. This information remains anonymous to us. A conclusion on your person is only not possible with it. However, if you use our contact forms during the communication, we can assign you.

In order to facilitate communication with you, we use - like most Internet site operators - so-called cookies. Cookies are small files that are placed on your browser or mobile device by our website or application for later retrieval. With the help of this technology, we can identify you during repeated visits if you have stored your personal data with us.

No other personal data is collected unless you enter this data yourself in one of our contact forms. We treat all data confidentially and in accordance with the applicable laws.


2. Data collection by third parties


Facebook

Zenfluence uses plugins of the social network "Facebook", which is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA. The plugins can be identified by one of the Facebook logos (white "f" on blue tile or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of Facebook Social Plugins can be viewed here: http://developers.facebook.com/plugins.
When a page is accessed by Zenfluence containing such a plugin, the browser establishes an Internet connection to Facebook's servers. This will inform Facebook that the corresponding page of our website has been accessed by the computer you are using. If you are actively logged in to Facebook at this time, Facebook can associate the visit with your Facebook account. If you use functions of the Facebook plugin, such as clicking the Like button or making a comment, the relevant information is transmitted directly to and stored on Facebook by the browser of the PC you are using.

The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights and setting options for the protection of your privacy can be found in the data protection information of Facebook itself: http://www.facebook.com/policy.php.

Google

Our website uses Google Analytics and the "+1″ button of the social network Google Plus of Google Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. The button is identified by the symbol "+1″ on a white or coloured background, Google Analytics is used on all subpages under Zenfluence.

This website uses Google Analytics, a web analysis service of Google Inc. "("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, Google will reduce your IP address within Member States of the European Union or in other states party to the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website and Internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link (http://tools.google.com/dlpage/gaoptout?hl=en).
For more information on terms of use and data protection, please visit http://www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/. Please note that the code "anonymizeIp" has been added to Google Analytics on this website to ensure anonymous collection of IP addresses (so-called IP masking).

When you visit a website on our website that contains a "+1" button, your browser establishes a direct connection to Google's servers.
If you're actively logged in to Google with a user account at that time, Google may associate your visit to Zenfluence with your Google Account. If you use functions of the Google plugin, the corresponding information is transmitted directly from the browser of the PC you are using to Google and stored there.

For the purpose and scope of data collection and the further processing and use of the data by Google as well as your rights and setting options for the protection of your privacy, please refer to Google's data protection information on the "+1″ button: http://www.google.com/intl/de/+/policy/+1button.html

Twitter

Zenfluence uses plugins of the service "Twitter", which is operated by Twitter, Inc. 795 Folsom Street, Suite 600, San Francisco, 94107, CA, USA. The plugins are recognizable by a chirping blue bird. When a page is accessed by Zenfluence containing such a plugin, the browser establishes an Internet connection to Twitter's servers. This will inform Twitter that the corresponding page of our website has been accessed by the computer you are using. If you are actively logged in to Twitter at this time, Twitter can assign the visit to your Twitter user account. If you use features of the Twitter plugin, such as a comment, the relevant information is transmitted directly to Twitter and stored there by the browser of the PC you are using, even if you are not a Twitter member, Twitter may still find out and store your IP address.

The purpose and scope of the data collection and the further processing and use of the data by Twitter as well as your rights and setting options for the protection of your privacy can be found in the data protection information provided by Twitter itself:

LinkedIn

Zenfluence uses plugins of the LinkedIn service, which is operated by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, 94043, USA. The plugins can be recognized by a button with the white letters "in" on a blue background. When a page is called by Zenfluence containing such a plugin, the browser establishes an Internet connection to LinkedIn's servers. This will inform LinkedIn that the corresponding page of our website has been accessed by the computer you are using. If you are actively logged in to LinkedIn at this time, LinkedIn can assign the visit to your LinkedIn user account. If you use functions of the LinkedIn plugin, such as making a comment, the corresponding information is transmitted directly to LinkedIn and stored there by the browser of the PC you are using, even if you are not a member of LinkedIn, LinkedIn may still find out and store your IP address.

The purpose and scope of data collection and the further processing and use of the data by LinkedIn as well as your rights and setting options for the protection of your privacy can be found in LinkedIn's own privacy policy:
http://linkedin.com/static?key=privacy_policy&trk=hb_ft_privacy

Pinterest

Zenfluence uses plugins of the "Pinterest" service, which is operated by Pinterest, Inc, 808 Brannan Street, San Francisco 94103, USA (CA). The plugins can be recognized by a button marked "Pin it". When a page of the Zenfluence website containing such a plugin is called, the browser establishes an Internet connection to Pinterest's servers. This will inform Pinterest that the corresponding page of our website has been accessed by the computer you are using. If you are actively logged in to Pinterest at this time, Pinterest can assign the visit to your Pinterest user account. If you use functions of the Pinterest plugin, the corresponding information is transmitted directly to Pinterest from the browser of the PC you are using and stored there. Even if you are not a member of Pinterest, there is still the possibility that Pinterest may obtain and store your IP address.
The purpose and scope of the data collection and the further processing and use of the data by Pinterest as well as your rights and setting options for the protection of your privacy can be found in Pinterest's own data protection information:
http://about.pinterest.com/privacy/


Instagram

Zenfluence uses plugins of the "Instagram" service, which is operated by Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025 USA (CA). The plugins can be recognized by a button marked "IN" on a blue background. When a page is called from Zenfluence that contains such a plugin, the browser establishes an Internet connection to Instagram's servers. This will inform Instagram that the corresponding page of our website has been accessed by the computer you are using. If you are actively logged in to Instagram at this time, Instagram can assign the visit to your Instagram user account. If you use functions of the Pinterest Instagram, the corresponding information is transmitted directly to Instagram from the browser of the PC you are using and stored there. Even if you are not a member of Instagram, there is still the possibility that Instagram may obtain and store your IP address.

The purpose and scope of data collection and the further processing and use of the data by Instagram as well as your rights and setting options to protect your privacy can be found in Instagram's privacy policy:
https://instagram.com/about/legal/privacy/

MailChimp

This website uses MailChimp, a service of Rocket Science Group Software Company LLC 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, United States. MailChimp is an Internet service with which we can send you e-mails quickly and efficiently. To this your email address and your name will be transmitted to MailChimp and stored there. The purpose and scope of the data collection and the further processing and use of the data by MailChimp as well as your rights and setting options for the protection of your privacy can be taken from the data protection information of MailChimp itself.
http://mailchimp.com/legal/privacy/

3. Use of data

For statistical purposes, we store computer-related data. However, this stored data - normally anonymous to us - can also be used to prosecute criminally relevant attacks on our website. Except for this purpose, no personal surf profiles or the like are created. We collect, store and process the personal data transmitted by you only to the extent necessary for the organization of travel and participation in functions of the Zenfluence website.

Personal data entered in contact forms will be used by us for contract initiation and, if necessary, execution. Personal data will be passed on to third parties when booking a service to external service providers, such as airlines, hotels, bus companies and event organisers.
With the exception of the above cases, we will not pass on your personal data to third parties unless we are obliged to do so as a result of mandatory legal regulations or you agree.


4. Permission

In order to use our website, you must consent to the storage and use of your data as described above. Before entering your personal data, you must give your consent to the processing and use of the data described above. This consent can be revoked at any time with effect for the future.


5. Your rights

You have a right to information about your personal data stored by us. You also have the right to have incorrect data corrected, blocked or deleted. You can object to the use of personal data for advertising purposes at any time. Our employees are bound to data secrecy in accordance with the Personal Data Protection Act (PDPA).

If you wish to exercise the rights described above, please contact us in writing.

These Terms &  Conditions apply to all websites under the responsibility of Zenfluence.

Our website contains links to websites of other institutions, companies and private individuals. We have no influence on the design and content of these websites and we cannot control how their providers handle your information.

This data protection declaration is currently valid and dated 01.06.2018. If technical or legal changes so require, an updated data protection declaration will be published here and applies from the date of publication.

For contact inquiries please write an email to hello@zenfluence.co