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%PARTNER% - terms


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Terms and Privacy Policy

1. General Provisions

These terms and conditions of service (“Terms”) apply to the document storage and management service, to the user account and loyalty program management service (together as “Service”) provided by Arkkeo Oy (“Arkkeo”). The Service is available only to consumers being natural persons acting for purposes extraneous to their trade, business, craft and profession.

2. Conclusion of Service Agreement

An agreement on the Service (“Service Agreement”) shall be concluded and become effective upon your acceptance of these Terms at the event of your registration to the Service. By accepting these Terms upon registration you give your consent to Arkkeo to process personal data according to the Privacy Policy.

3. Your General Responsibilities and Rights

You shall be solely responsible for any data, information or other material, which is uploaded to the Service (“User Material”) by you or a third party based on your consent that you automatically provide when commencing the use of the Service, including accuracy, completeness, appropriateness or legality thereof. You may give Arkkeo, as described herein, the user name and password provided to you by the companies (“Target Company”) listed in the Service. As you use the web-services (“Third Party Services”) of the Target Companies through the Service, Arkkeo will receive information from the customer relationship between you and the Target Company and from your use of the Third Party Services. You are solely responsible for the lawfulness, and compliance with the relevant contracts, for providing the user name and password to Arkkeo. You are solely responsible for complying with rules and regulations of the Target Company’s user account, loyalty program or such other program, terms and conditions and privacy policy.

For the sake of clarity, Arkkeo does not intervene with or process the User Material for any purposes except in order to maintain the Service. You shall also be solely responsible for acquiring and maintaining the functional status of the hardware, connections and software that you need in order to use the Service.

These Terms does not limit any statutory rights you may have according to the laws.

4. Arkkeo general responsibilities and rights

In order to carry out the Service Arkkeo stores the user name and password of the Third Party Service user account you have provided to the Service. Arkkeo will not give the user name and password to third parties.

Arkkeo stores the actions, for instance the time, frequency and Target company user accounts visited and conducted Third Party Services actions (“Action information”) ,as you use the Service. Arkkeo reserves the right to give Action Information and analyzes conducted based on such Actions Information to Target companies in accordance with the Privacy Policy.

By taking the Service into use, you grant Arkkeo the right to use your location data to develop the Service, and the right to conduct direct marketing based on the location data by the Target companies. Your location data may be passed to to Target companies for marketing purposes. For the sake of clarity, location data will not be passed to other parties than the Target companies.

5. Privacy & Data Protection

Arkkeo shall not process your personal data for purposes other than those expressed in Arkkeo’s Arkkeo’s Privacy Policy or if otherwise so required by applicable mandatory laws. To the extent the User Material contains personal data Arkkeo shall act as a processor of personal data, as defined in the Personal Data Act (523/1999).

6. Data Security

All User Material is stored and maintained by Arkkeo in an encrypted format, but Arkkeo gives no guarantees for data protection or that posts, material or User Material sent through the Service do not contain viruses or other harmful parts. Arkkeo cannot guarantee data security of information sent through the Service.

You agree at all times to take all necessary steps to safeguard your username and password, which you use to access the Service. You agree not to disclose them to any third parties and you shall be solely responsible for any activity of using your account. At the event of becoming aware of any unauthorized use of your account, you agree to notify Arkkeo of such use without any further delay.

7. Fees & Payments

Arkkeo is a free service. There are no hidden costs or purchases at any point of using Arkkeo. Use of the Arkkeo mobile application is also free.

8. Intellectual Property & Rights to Material

All rights to patents (including utility models), design patents, designs (whether or not capable of registration), chip topography rights and other like protection, copyright, trademark and any other form of statutory protection of any kind and any applications for any of the foregoing as well as any trade secrets and know-how (hereinafter collectively “Intellectual Property”) in and to the Service shall at all times remain the sole property of Arkkeo or a third party.

All Intellectual Property rights in your User Material shall at all times remain the sole property of you or a third party. You agree to grant Arkkeo a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use User Material to the extent necessary for Arkkeo to operate and maintain the Service. This license shall remain valid until the respective User Material is deleted from the Service by you or by Arkkeo in accordance with these Terms.

9. Service Levels

Arkkeo does neither warrant that the Service would be available at all times nor that it would operate without any interruptions or errors.

10. Technical Support

Arkkeo will provide general technical support as regards to the use of the Service by email to all end-users of the Service. Arkkeo strives to respond to support requests within 24 hours of the reception of an individual support request each working day.

11. Indemnification

You shall defend, indemnify and hold Arkkeo harmless from any and all liabilities, damages, losses, costs and expenses (including without limitation attorneys’ fees), arising from any claims of infringement and/or alleged infringement of any Intellectual Property rights to or data protection regulation applicable to your User Material.

12 Limitation of Liability

Arkkeo provides the Service and its User Material ”as they are” without any guarantees. Arkkeo is not responsible for the uninterrupted, error-free and timely usability, operability and utilization of the Service. Arkkeo is also not liable for the User Material visible in the Service or the accuracy, trustworthiness, errors, defects, inaccuracies or other faults or inviolability of rights of information mediated in the Service.

The user understands and commits to using the Service at own risk. Arkkeo is not liable for data sent, received, or not sent or non-received by the user.

Arkkeo is not liable for any direct, indirect, personal or vicarious liability based damages or special damages that result from use of Service, User Material, inability to use the Service, even if Arkkeo had been informed beforehand of the possibility of such damages.

Arkkeo only provides the possibility to use the Third Party Services as part of the Service. Even though you can use the Third Party Services through the Service, Arkkeo is not responsible for the functionality, or for any other way, of the Third Party Services. Your rights concerning the Third Party Services are stated solely in the terms and conditions between you and the Target company.

The above mentioned limitations of liability are applied, if the statutory laws do not provide otherwise.

13 Term & Termination of the Service Agreement

The Service Agreement is valid until further notice. You can terminate the Service Agreement whenever you want without any notice period. Arkkeo shall have the right to terminate the Service Agreement with immediate effect upon written notice.

13.1 User Material Upon Termination of the Service Agreement

You shall be solely responsible for retrieving and/or erasing your User Material from the Service upon termination of the Service Agreement. Notwithstanding the aforesaid, Arkkeo shall be entitled to destroy or retain User Material at any time or for any period required by mandatory laws or regulatory authorities.

14. Force Majeure

Arkkeo shall be not liable to the other for loss, damage, or delay in work caused by war, riot, the act or order of any competent civil or military authority, strikes, unauthorized work stoppage or by fire, flood or by an impediment beyond its control, which Arkkeo could not have taken into account at the time of the conclusion of the Service Agreement, and whose consequence it could not have reasonably avoided or overcome (hereinafter together “Force Majeure Event”). Strike, lock-out, boycott and other industrial action shall constitute a Force Majeure Event also when Arkkeo is the target or a party to such an action. A Force Majeure Event suffered by Arkkeo’s subcontractor shall also discharge Arkkeo from liability if subcontracting from other source cannot be made without unreasonable costs or a significant delay.

15. Miscellaneous

Arkkeo shall not monitor the contents of User Material. You shall not be entitled to assign the Service Agreement to any third party without Arkkeo’s prior written consent. Upon a written notice to you, Arkkeo is further entitled to assign the Service Agreement to a third party. Arkkeo may revise these Terms from time to time and the most current version will always be posted on Arkkeo’s website. Arkkeo will notify you of all changes that are, in Arkkeo’s sole discretion, considered material. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.

16. Governing Law & Jurisdiction

These Terms and the use of the Services are governed by the laws of Finland except for its conflicts of laws principles. All claims arising out of or relating to these terms or the Service shall be resolved by [the Disctrict Court of Helsinki /arbitration under the rules of the Board of Arbitration of the Central Chamber of Commerce of Finland. The arbitration tribunal shall consist of one (1) arbitrator. The Arbitration shall take place in Helsinki, Finland. The arbitration shall be conducted and the arbitration award shall be given in Finnish language.]

17. Contact Information

For further information, inquiries or assistance you may contact Arkkeo by an email to info@arkkeo.com or by post to the following address:

Arkkeo Oy
Salomonkatu 17 B, 12th floor
00100 Helsinki Finland

1. Data controller & contact information

Arkkeo Oy
Salomonkatu 17 B, 12th floor
00100 Helsinki Finland

info@arkkeo.com

2. Name of personal data file

Arkkeo Customer Register

3. Purpose of processing personal data

Personal data shall be processed for the purposes of administration, maintaining and improving Arkkeo’s services as well as for the purposes of customer communication, including also potential direct marketing. Personal data shall be processed to analyze and profile the actions the customers conduct in the Arkkeo service (time of use of the Service, frequency of use, visited target company user accounts and other actions taken in the Service).

Location data acquired through the Arkkeo service may be passed to third parties for direct marketing purposes. The services provided by Arkkeo service based on location are only available if the customer has given consent to processing of such data.

4. Contents of the file

Email address, first name, last name, gender, date of birth, phone number, country, image, username, password, and identification number of Arkkeo service, location data and profiling data based on the actions customers conduct in the Arkkeo service.

5. Regular sources of personal data

The personal data are obtained directly from each individual customer at the time of their registration to Arkkeo’s services or otherwise becoming Arkkeo’s customers and while customer uses the Arkkeo service.

6. Regular disclosure of personal data and transfer outside the EU and EEA

Personal data are only disclosed to third parties with a customer’s prior consent or in situation where Arkkeo is obliged to disclose personal data based on applicable mandatory laws.

Personal data are transferred outside the European Union and the European Economic Area for the purposes of outsourcing data storage related computing.

7. Principles of data security

Access to personal data is restricted only to situations necessary for the purpose of the data processing. Access is managed by relevant access rights. Personal data is passed to third parties on contractual basis and for limited purposes.

Personal data is stored only as long as the customer is a user of the Arkkeo service. Customer must be at least 13 years of age in order to use the Arkkeo service, or at least of that age that is required by the mandatory legislation of the permanent home country legislation of the customer to use Arkkeo service without the permission of a parent or a lawful guardian. If the laws of the permanent home country of the customer require an consent from the parent or guardian, the customer must obtain such consent to use Arkkeo service.

8. Rights of customers

A customer has the right to check his/her personal data stored in Arkkeo’s Customer Register.

A customer also has the right to demand rectification and/or deletion of his/her personal data to the extent the data is considered erroneous, unnecessary, incomplete or obsolete.

A customer may deny Arkkeo’s use of his/her personal data for the purposes of direct marketing. A customer may deny profiling, after which Arkkeo service will function without such profiling.

A customer has the right to withdraw his/ her consent at any time and leave a complaint to the authority regarding the processing of personal data.

Any requests regarding the above stated rights are to be directed to info@arkkeo.com or to the following mail address:

Arkkeo Oy
Salomonkatu 17 B, 12th floor
00100 Helsinki Finland

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