1.2 Safeture and the Customer or End User are each referred to as a “Party”, and jointly referred to as the “Parties”.
2.2 Safeture is constantly changing and improving the Safeture Services and the App. Safeture may add or remove functionalities or features, and may suspend or stop the Safeture Services and/or the App altogether. 3. Intellectual Property Rights 3.1 Safeture or its licensors own all Intellectual Property Rights (as defined in Section 3.2 below) and all other rights (whether or not capable of registration) relating to Safeture’ business including the Safeture Services, the Platform, the App and its content (save for content provided by a Safeture partner or Customer), trademarks, domain names and any other materials, documentation or services made available to you or otherwise offered by Safeture. The information is protected by law, including Swedish and foreign intellectual property law and market law. This means that trademarks, company names, product names, images and graphics, designs, layouts and information on products, services and other content published on the Safeture Website or in the App may not be copied or used without Safeture’ prior written consent. 3.2 “Intellectual Property Rights” means patents (including utility models), design patents, design rights (whether or not capable of registration), copyrights, copyright related rights (Sw. närstående rättigheter), moral rights, rights in data-bases, trademarks, trade secrets, know-how, trade names, rights under marketing law and passing off, topography rights and semiconductor chip rights, and all other intellectual property rights; in all cases whether or not registered or registerable, and applications for any of the foregoing respectively, and all rights to apply for the same, and all rights and forms of protection of a similar nature or having a similar effect to any of these anywhere in the world.
(a) it does not have the right to distribute by law or agreement;
(b) is infringing, contributes to infringement or encourages others to infringe intellectual property rights or trade secrets;
(c) contains any viruses, Trojans, Internet worms, malware, or that may otherwise damage or adversely affect the Safeture Services; or
(d) otherwise causes damage or other inconvenience to Safeture or third parties.
4.2 You are not allowed to, in an automated and/or commercial way, disseminate, copy or publish the information received through the Safeture Services.
4.3 Notwithstanding Section 4.2, publishing information received through the Safeture Services is allowed when using the publication tools, as the tools are intended to be used, available in the Safeture Services.
4.4 You must ensure that no unauthorized person or entity (i.e. any other person or entity than you) is able to use your login details. You may not disclose your usernames and passwords to any unauthorized person and must ensure that documents containing your username and password are kept in such a way that unauthorized persons cannot gain access to the information. You are responsible for all acts or omissions by an unauthorized person using your login details.
4.5 Notwithstanding Section 4.4, the Customer may give access to the Safeture Ser-vices to such sub-suppliers that require access to the Safeture Services to fulfill their obligations towards the Customer. The sub-supplier may only access the Safeture Services for the purposes stated by the Customer.
4.8 You are solely responsible for the technical equipment and any additional services needed to use the Safeture Services, such as computers, mobile phones, mobile phone subscriptions, Internet access and WiFi connection. You acknowledge and accept that the provision of the Safeture Services is dependent upon third party providers, e.g. internet providers or cloud services, and that Safeture has no re-sponsibility for such third party services. 5. Indemnification 5.1 You agree to indemnify, defend, and hold harmless Safeture, its subsidiaries, agents, licensors, managers, consultants, officers, directors, employees, contractors, advisors, affiliates, and partners from and against all claims, losses, liability,expenses, damages, judgments, awards, and costs (including reasonable attorney’s fees), related to or arising from
(b) your use or misuse of any material or information posted, provided, transmitted, or otherwise made available by you or by Safeture;
(c) your access or use of the Safeture Services and related content;
(d) your violation of any third-party right, including intellectual property and privacy rights;
(e) your violation of a law, rule, or regulation; or
(f) another party’s use of the Safeture Services using your account.
5.2 Safeture reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Safeture’ defense of such matter. 6. Warranties and disclaimers 6.1 Safeture does not and cannot warrant that the Safeture Services, the Platform or the App will operate in a manner that is completely error free, nor that information provided is always accurate.
6.2 Safeture undertakes to ensure that the Safeture Services and the App in all material aspects corresponds with the descriptions at www.safeture.com.
6.3 Use of the Safeture Services is at your sole risk, and you assume full responsibility for all risk associated therewith. All information provided through the Safeture Services is provided “as is” and “as available”, without any warranties or conditions. Safeture reserves the right, in its sole discretion and without any obligation, to correct any error or omission in any portion of the Safeture Services, the Plat-form or the App, with or without notice to you.
6.4 To the fullest extent permissible under applicable law, Safeture and its affiliates hereby disclaim all representations and warranties, express or implied, statutory or otherwise. These include, but are not limited to, warranties of merchantability, fitness for a particular purpose, title and non-infringement. Safeture will not be liable for any loss or damage caused by any technologically harmful material that may infect your equipment, computer programs, data, or other proprietary material due to your use of the Safeture Services.
6.5 Without limiting the foregoing, Safeture and its affiliates make no warranty as to the security, reliability, availability, accuracy, quality, timeliness, usefulness, adequacy, completeness, or suitability of the Safeture Services and information retrieved from it. Safeture and its affiliates assume no responsibility for completeness, errors, or omissions in the information, services, or documents which are referenced by or linked to on the Platform or in the App.
7.2 You agree that your use of the Safeture Services is at your own risk. If you are not satisfied with the Safeture Services, your sole and exclusive remedy is to terminate your use of the Safeture Services.
7.3 In no event shall Safeture or its affiliates be liable for any special, punitive, indirect, incidental, or consequential damages, including but not limited to personal injury, death, loss of goodwill, loss of use, emotional distress, loss of profits, interruption of services or production, loss of data, or other intangible losses, whether in any action in warranty, contract, or any other theory of liability (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, reliance on, or the inability to use, the Safeture Services, the App, or the Platform. Safeture shall not be subject to liability for the truth, accuracy, reliability, timeliness, or completeness of the content or any other information conveyed to you or for errors, mistakes, or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. Safeture undertakes no liability towards you for any malfunction or non-compatibility of your equipment and connected services with the Safeture Services, the App, or the Platform. Safeture disclaims any and all liability for the acts, omissions and conduct of any third parties outside Safeture’ reasonable control.
7.4 Furthermore, Safeture will not be responsible for damage, loss, or injury resulting from
(a) unauthorized access to, or hacking or tampering of, your account or the information therein;
(b) unauthorized access to or use of Safeture’ servers and any personal information stored therein; or
(c) bugs, viruses, trojans, malware, or other destructive code.
7.5 In no event shall Safeture’ total liability to you for all damages exceed the Cus-tomer’s quarterly payments for the Safeture Services divided by the number of End Users the Customer has.
7.6 To the extent any of the above limitations of liability are restricted by mandatory applicable law, such limitations shall not apply to the extent of such restrictions.
7.7 Safeture’ liability towards the Customer or End User is exclusively regulated herein and is not affected by any agreement between the Customer and a partner to Safeture which provides access to the Safeture Services to the Customer.
7.8 If you access the Safeture Services through a third party app provided by a partner to Safeture where the Safeture Services have been incorporated or form an integral part of the app, Safeture is not in any way liable for content generated by the partner.
7.9 If you access content provided by a partner or a Customer that have been incorporated or form an integral part of Safeture content, Safeture is not in any way liable content generated by the partner or the Customer.
7.10 If you access content through a link in the Safeture Services or a third party app to an external third party content provider such as, but not limited to, a local news website, Safeture is not in any way liable for content generated by the third party. 8. Termination 8.1 You may at any time terminate your use of the Safeture Services by contacting Safeture. Safeture will then delete all credentials and any other information that can be related to you.
1.4 We recognize our responsibility to protect the Personal Data and other infor-mation you have provide us with. We take appropriate technical and organizational information security measures to safeguard your Personal Data against loss and misuse, as well as unauthorized access.
1.7 Please note that if you use the Service as a service provided by your employer in the capacity as employee, the employer is the responsible controller of your Personal Data within the scope of our provision of the Service. We only process data on behalf of your employer. For questions regarding the processing of your Personal Data in such cases, please contact your employer. 2. The data we collect when we provide the service to you as a consumer 2.1 We may process the following Personal Data attributable to you as a user of the Service:
(b) E-mail address;
(c) Telephone number;
(e) Passport number;
(g) Job title;
(l) Base station information;
(m) IP address; and
(n) Home country. 3. The purposes for which we process your personal data 3.1 We process your Personal Data for the purpose of providing you with the Service, including tracking your geographical location. The processing is conducted on the basis that it is necessary for the performance of our contract with you regarding the provision of the Service. Please note that you need to enable the real time positioning and sharing if want to use the real time positioning sharing functionality of the Service.
3.2 We may also process your data for the purpose of further analysis, statistical in-formation and to optimize the user experience. Prior to such processing, your Personal Data will be anonymized, meaning that the Personal Data will no longer be attributable to you and thus not considered Personal Data. The anonymization is conducted on the basis of our legitimate interest to be able to improve the Service and carry out statistical analysis regarding the usage of the Service for future optimization. 4. Storage of personal data 4.1 We store your Personal Data as long as necessary for us to fulfil the purposes of the processing. This means that we will process your Personal Data as long as you are an active user with our Services, however that location data and base station data will be kept for a maximum period of three months.
7. Your rights
7.1 You have the right to receive confirmation on whether or not we process Personal Data concerning you, and in such cases get access to such Personal Data and also information regarding the Personal Data and how we process it.
7.2 You have the right to have inaccurate Personal Data concerning you rectified without undue delay. Taking into account the purposes of the processing, you also have the right to have incomplete Personal Data about you completed.
7.3 You have, under certain circumstances, the right to have Personal Data concerning you erased, for example if the Personal Data are no longer necessary in relation to the purposes for which they were collected or if the Personal Data have been unlawfully processed.
7.4 In some circumstances you have the right to obtain restriction of the processing of your Personal Data. For example if you contest the accuracy of the Personal Data, you can also require that we restrict the processing of your Personal Data for such a period that enables us to verify the accuracy of the Personal Data.
7.5 You have the right to object to processing of your Personal Data that is based on our legitimate interests. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights and freedoms, in order to proceed with the processing of your Personal Data.
7.6 You have the right to receive the Personal Data relating to you and that you have provided to us, in a commonly used electronic format. You have the right to transmit that data to another controller (data portability).
Safeture AB Attention: DPO Scheelevägen 27 223 63 Lund Sweden