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Bärgarn - Terms and Conditions

Privacy and GDPR policy

Privacy and GDPR policy
  1. 1.1  Bärgarn website and/or mobile application is owned or operated by Ramströms Bilbärning AB, referred to herein as “Ramströms,” "we," "us," or "our").

  2. 1.2  We are committed to safeguarding the privacy of Bargarn.se and Bärgarn mobile applications (herein referred to as Bärgarn) visitors and service users. By accessing or using Bärgarn, you agree to be bound by our Privacy and GDPR Policy. Please also carefully read our Terms and Conditions that follow this Privacy and GDPR policy (same document).

  3. 1.3  This policy applies where we are acting as a data controller with respect to the personal data of bargarn.se and Bärgarn-app, in other words, where we determine the purposes and means of the processing of that personal data.

  4. 1.4  You represent that you are legally able to accept these Privacy and GDPR Policy incl. Terms and Conditions, and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so. If you do not agree to this, you may not use Bärgarn.

  5. 1.5  We may change the Privacy Policy from time to time. When we do, we will let you know by posting the changed Policy on this page with a new "Last Updated" date. In some cases (for example, if we make certain material changes), we may inform you by additional means, such as by sending you an e-mail. In some cases, we may obtain your consent to the changes.

2. How we use your personal data
You may have the right to opt in to or opt out of certain of our uses and disclosures of your Personal Information (as defined below).

By using Bärgarn you have given your consent for us to process personal data in accordance with this document (Privacy and GDPR Policy incl. Terms and Conditions).

You may unsubscribe from our promotional emails by contacting us via the contact section in the mobile application or by emailing us directly on support@bargarn.se (always include your name, mailing address, and email address) at any time. In addition to this you are able to delete your Bärgarn Mobile App account completely and all of your data, such as personal information and data entered by you in the app, will be fully deleted.

  1. 3.1  In this Section 3 we have set out:

    1. (a)  the general categories of personal data that we may process;

    2. (b)  the purposes for which we may process personal data; and

    3. (c)  the legal bases of the processing.

  2. 3.2  We may process data about your use of Bärgarn ("usage data"). The usage data may include geographical location, browser type and version, operating system, referral source, length of visit, page views and website and mobile application navigation paths, as well as information about the timing, frequency and pattern of your service use. This usage data may be processed for the purposes of analysing the use of the website/mobile application and services. The legal basis for this processing is consent and legitimate interests, namely monitoring and improving our services.

  3. 3.3  We may process Bärgarn user account data ("account data"). The account data may include your name and email address. The account data may be processed for the purposes of operating our website and mobile application, providing our services, ensuring the security of our website and mobile application and our services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent and our legitimate interests, namely the proper administration of our business.

  4. 3.4  We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent and our legitimate interests, namely the proper administration of our business.

  5. 3.5  We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. You may unsubscribe to these emails by selecting “unsubscribe” at the bottom of an email or by contacting us directly at support@bargarn.se.

3. Providing your personal data to others

  1. 4.1  Your personal data held in our website and mobile application database, provided by Amazon web services, hosted in EEA country.

  2. 4.2  If you communicate with a vendor you connect with through Marryus, including via our messaging box in the app, inbox or other similar communication or messaging features or services, we may share personally identifiable information about you and your event (such as your name, email address, location and wedding details), as well as the contents of your message, so that the vendor may contact you with customized offers and messages and use your information pursuant to such vendor’s privacy policy, user agreement or other policies in place governing such vendor’s use of your

information. For security purposes, please do not include any password, social security number, payment card or other sensitive information via this service. We reserve the right to monitor messaging between you and our vendors for security and training purposes.

4.3 In addition, we may share non-personally identifiable usage information (including aggregate data) with others, for their use, in a form that does not include your name or contact information.

4. Retaining and deleting personal data

  1. 5.1  This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

  2. 5.2  Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

  3. 5.3  We maintain a presence on several social networking and blogging platforms, such as Facebook, Instagram, LinkedIn and Pinterest. We may incorporate some third-party social networking features onto our services or utilize third- party provided platforms to publish or manage Bärgarn or portions thereof. Through these platforms and features, we receive some Personal Information and some Bärgarn usage information about you, and this Privacy Policy applies to that information as well.

  4. 5.4  We may make available mobile applications (or "apps") that you are able to download and use from your mobile device. Depending on the nature and functionality of the app, we may collect Personal Information and non- personally identifiable usage information through the app, including from your contacts, camera, photo gallery and calendar on your mobile device to which you grant us access. The app also may collect information about your mobile device, such as your device’s unique device ID (UDID), the IP address of your mobile device, device type, operating system and connection information (e.g., Wi-Fi, LTE, 4G, 3G). If you opt-in, some of our apps may collect your device’s precise real-time location, and in such cases, you may be able to opt out from further allowing us to have access to such location data by managing your location preferences in the app and/or on your device. This Policy may be supplemented from time to time with additional terms applicable to individual apps, or individual apps may be subject to separate privacy policies of which we will notify you by posting them on such apps.

  5. 5.5  You may be able to review, update or modify certain of the Personal Information that is stored in a user account set up with us by contacting us via email support@bargarn.se

  6. 5.6  Bärgarn may contain links, banners, widgets or advertisements (e.g., a "Share It!" button) that lead to other Web sites not subject to this Privacy Policy. Thus, the posted policies of these other sites will govern the collection and use of your information thereon, and we encourage you to read each

such privacy statement to learn about how your information may be treated by others. Additionally, you may be able to register with or purchase directly from third-party retailers, and these other companies’ information practices are governed by their privacy policies.

  1. 5.7  All your personal data will be retained for a minimum period of months following the date of closure of the relevant account, and for a maximum period of 24 months following that date. You can, however, at any time delete your account and all data retained by us, by emailing us at support@bargarn.se.

  2. 5.8  Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

5. Your rights

  1. 6.1  In this Section 6, we have listed the rights that you have under data protection law.

  2. 6.2  Your principal rights under data protection law are:

    1. (a)  the right to access - you can ask for copies of your personal data;

    2. (b)  the right to rectification - you can ask us to rectify inaccurate personal data and to complete incomplete personal data;

    3. (c)  the right to erasure - you can ask us to erase your personal data;

    4. (d)  the right to restrict processing - you can ask use to restrict the processing of your personal data;

    5. (e)  the right to object to processing - you can object to the processing of your personal data;

    6. (f)  the right to data portability - you can ask that we transfer your personal data to another organisation or to you;

    7. (g)  the right to complain to a supervisory authority - you can complain about our processing of your personal data; and

    8. (h)  the right to withdraw consent - to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

  3. 6.3  These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting https://ico.org.uk/for- organisations/guide-to-data-protection/guide-to-the-general-data-protection- regulation-gdpr/individual-rights/.

6.4 You may exercise any of your rights in relation to your personal data by written notice to us by emailing us at support@bargarn.se

6. Amendments

  1. 7.1  We may update this policy from time to time by publishing a new version on our website and in our mobile application.

  2. 7.2  We will notify you of significant changes to this policy by email.

7. Data protection officer

8.1 You can contact our data protection officer by emailing support@bargarn.se

Terms and Conditions 1. Subscriber Terms

If your subscription includes access to areas containing premium content or services, your access to or use of such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas.

2. Use of Bärgarns services

You acknowledge that the services provided by Bärgarn are a neutral venue and not a broker, and you are solely responsible for your interactions with other Users and vendors.

3. Rules of Conduct

There are rules of conduct that all Users are required to follow:

  1. a)  ‘harvest,’ ‘scrape’ or collect information from Bärgarn using an automated software tool or manually on a mass basis. This includes, for example, information about other users and information about the offerings, products, services and promotions available on or through Bärgarn.

  2. b)  use unauthorized automated means to access of our services, or obtain, or attempt to obtain, access to areas of our website or mobile application or our systems that are not intended for access by you.

  3. c)  "flood"our services with requests or otherwise overburden,disrupt or harm Bärgarn or its systems.

  4. d)  impersonate any person, including, but not limited to, other community members or our employees.

  5. e)  engage in or promote spamming, chain letters or other unsolicited communications.

4. Ownership of website and mobile app Content and Submissions

We or our licensors or partners own the intellectual property rights in the content and materials displayed on Bärgarn. You may use Bärgarn for commercial purposes.

5. Registration and Log In

You are responsible for all activity occurring when Bärgarn services is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

6. Payments

6.1 Billing Policies.

You are responsible for paying any and all applicable fees (including subscription fees) as set forth in any agreement entered into (i) through the website (ii) via phone (iii) through the App Store (iiii) in a meeting with a Bärgarn representative. Unless we state in writing otherwise, all fees and charges are nonrefundable. All payments must be made by the methods specified within the Bärgarn service.

The applicable User (including any vendor) and not Bärgarn, is responsible for delivering any purchased goods or providing any services. If you, as a User, choose to enter into a transaction with another User (including a vendor), you agree and understand that you will be required to enter into an agreement with such User and agree to any terms or conditions which may be imposed by such User. As a User, you acknowledge and agree that you, and not Bärgarn, will be responsible for performing the obligations of such agreements, except as otherwise expressly set forth in these Terms and Conditions.

6.2 Disputes.

You agree to contact the User who purchased or sold the goods or services directly with all inquiries regarding such purchased goods or services. Bärgarn has no obligation to handle or facilitate the handling of any disputes between Users. For avoidance of doubt, any disputes directly with Bärgarn shall be handled in accordance with these Terms and Conditions.

6.3 Booking Fees.

If applicable, Marryus may collect a booking or other fee. 6.4 Customer Website Domains.

We will also provide wedding website customized domain or similar service subscriptions. Occasional service outages, downtime or disruptions to functionality may occur that we do not or cannot control. If such outages, downtime or disruptions occur, we will use commercially reasonable efforts to

assist with restoring service as soon as possible. We are not liable or responsible for damages if such outages occur. If the selected domain and site expires, Bärgarn is not responsible.

7. Downloading from the Apple App Store

Without limiting anything herein or contained in any additional terms you may agree to, you agree that by using or accepting a Bärgarn services downloaded through the Apple App Store or similar iOS mobile application retail portal (the “Apple App Store”), you agree to be bound by the terms and conditions in this section. You acknowledge and agree that (i) the Terms and Conditions is concluded between you and Bärgarn only, and not with Apple, and (ii) Bärgarn, not Apple, is solely responsible for the Apple Mobile Application and content thereof. Your use of the Apple Mobile Application must comply with the Apple App Store Terms of Service (as of September 13, 2016, set forth at www.apple.com/legal/itunes/us/terms.html#APPS).

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Mobile Application. In the event of any failure of the Apple Mobile Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Apple Mobile Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Mobile Application. As between Bärgarn and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Bärgarn.

You acknowledge that, as between Bärgarn and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple Mobile Application or your possession and use of the Apple Mobile Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the Apple Mobile Application or your possession and use of Apple Mobile Application infringes that third party’s intellectual property rights, as between Bärgarn and Apple, Bärgarn, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.

You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and Conditions as related to your license of the Apple Mobile Application, and that, upon your acceptance of the terms and conditions of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as related to your license of the Apple Mobile Application against you as a third-party beneficiary thereof. Without limiting any other terms of these Terms and Conditions, you must comply with all applicable third-party terms of agreement when using the Apple Mobile Application.

If you have any questions, complaints or claims with respect to the Apple Mobile Application, please contact us at support@bargarn.se.

8. Changes to Bärgarn

We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), Bärgarn or any portion of Bärgarn. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

9. Suspension or Termination of Access

We have the right to deny access to, and to suspend or terminate your access to, Marryus, or to any features or portions of Marryus, and to remove and discard any content or materials you have submitted to Bärgarn, at any time and for any reason, including for any violation by you of these Terms and Conditions (including the Rules of Conduct).

10. Linking Policies

Marryus may contain links to other websites or to third-party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site, you should read the Terms and Conditions and privacy policy that govern that particular linked site.

11.Jurisdictional and Applicable Laws

We control and operate Bärgarn from our facilities in Västerås, Sweden. Terms and Conditions, and the relationship between you and us, will be governed by the laws of Sweden, without giving effect to any principles of conflicts of law. If you access Marryus from other locations where we have launched Bärgarn services, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

12.Notice of Dispute; Negotiation

RAMSTRÖMS BILBÄRNING AB
BRANDTHOVDAGATAN 2
721 35 Västerås

IF YOU HAVE A DISPUTE WITH US, YOU MUST SEND WRITTEN NOTICE TO THE ADDRESS ABOVE TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than ninety (90) days after you provide notice of the Dispute. If not resolved within that time, either party may pursue a claim. Proceedings shall be held in Stockholm, SE.

13.Limitations of Liability

IF YOU ARE DISSATISFIED WITH BÄRGARN, OR ANY MATERIALS, PRODUCTS, OR SERVICES PROVIDED BY BÄRGARN, OR WITH ANY OF BÄRGARN TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING BÄRGARN SERVICES.

Last Updated: Dec 16, 2019.

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