Terms of Use
1. General
1.1 These Terms of Use, (the “Terms of Use”), constitute a legal agreement between Safeture AB, company reg. no. 556776-4674, with address Ideon Gateway, Scheelevägen 27, 223 63 Lund, Sweden, (“Safeture”), and a corporation or other legal entity, (the “Customer”), or a you as a user, (the “End User”), (both referred to as “you” if applicable to both) , governing the access to the Safeture Safeture Services, Safeture’ applications, (the “App”), and Safeture’ platforms, (the “Platform”), (jointly referred to as the “Safeture Services”), or any third party app or services provided to you in which the Safeture Services have been incorporated or form an integral part of.
1.2 Safeture and the Customer or End User are each referred to as a “Party”, and jointly referred to as the “Parties”.
1.3 If you are an appointed representative of the Customer you will, by agreeing to these Terms of Use, or by using the Safeture Services, also legally bind the Customer you represent to the terms and conditions stated herein. This will apply irrespective of whether you have entered into an agreement directly with Safeture or if you have entered into an agreement with a partner to Safeture. If you (as a Customer) have gained access to the Safeture Services under an agreement with a partner to Safeture, you also acknowledge and agree that the data processing agreement available at https://safeture.com, (the “DPA”), shall govern the relationship between you and the partner (however, that the rights and obligations of Safeture under the DPA shall instead be the rights and obligations of the partner). If you and the partner have entered into a separate data processing agreement covering the Safeture Services, that agreement shall apply instead of the DPA.
1.4 If you have entered into an agreement with a partner to Safeture regarding the Safeture Services, you acknowledge and agree that, unless explicitly agreed between you and such partner, no additional rights are granted to you, and no additional obligations are imposed on the partner, beyond what is stated in these Terms of Use. Thus, the indemnification in Section 5, the warranties and disclaimers in Section 6 and the limitation of liability in Section 7 shall apply in relation to such partner as well, unless explicitly regulated by the agreement between you and the partner.
1.5 Except as stated above in Section 1.3, you agree to these Terms of Use in your capacity as an End User and you agree to follow the terms and conditions stated and referred to herein.
1.6 If the Customer has acquired access to the Safeture Services and intends to enable its employees, agents, directors or similar End Users to use the Safeture Services, Safeture will provide the Safeture Services to the Customer who in turn will provide access to the Safeture Services to its End Users. The Customer shall be fully responsible under these Terms of Use for the acts and omissions of End Users affiliated to the Customer. 1.7 You must agree to these Terms of Use before you can use the Safeture Services. You can agree to the Terms of Use either by using the Safeture Services or by clicking a box that indicates that you agree to the Service, where such a box is made available to you.
1.8 Safeture reserves the right to update or change these Terms of Use from time to time and recommends that you review the Terms of Use on a regular basis. Safeture will notify you by sending an e-mail to your registered e-mail address or inform you via the Safeture Services if changes or updates are made to these Terms of Use. You can review the most current version of the Terms of Use at any time at https://safeture.com. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes made for legal reasons will be effective immediately. If there is a conflict between these Terms of Use and any later version of the Terms of Use, the later version of the Terms of Use will prevail. If you do not agree to a later version of these Terms of Use, you should discontinue your use of the Safeture Services.
1.9 Please note that, depending on your location, some of the terms in these Terms of Use may not apply to you. Safeture will always provide the Safeture Services and the App in accordance with the legal requirements applicable to you. If there is a conflict between any terms in these Terms of Use and any legal requirements applicable to you in your jurisdiction, such legal requirements will prevail.
1.10 When a Customer has acquired access to the Safeture Services through a partner to Safeture, and that partner has granted the Customer rights exceeding the rights stated in these Terms of Use, the Customer and End User acknowledges and accepts that such rights cannot be claimed or enforced against Safeture and that Safeture has no liability for any damage or loss arising from those rights.
2. Service
2.1 The Safeture Services are described at https://safeture.com. If you use the Safeture Services as a service provided by your employer, Safeture provides the Safeture Services to your employer who in turn provides access to the Safeture Services to you.
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.
3.3 Subject to the your proper fulfilment of these Terms of Use, Safeture grants you a personal, non-assignable and non-exclusive license to use, and, if you are a Customer, enable your employees and other representatives to use, the Safeture Services. This license is for the sole purpose of enabling you to use the Safeture Services as provided by Safeture or a partner to Safeture, in the manner permitted by these Terms of Use. You may not copy, modify, distribute, sell or lease any part of the Safeture Services, the Platform, the App or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have been granted Safeture’ written permission. You shall not, directly or indirectly, use, register or try to register any trademark or any other words or phrases, or name of a company or organization, which are or may be considered as similar to Safeture’ trademarks, or attempt to do anything of the aforesaid.
4. Use and Equipment
4.1 You warrant and undertake that you shall at all times conduct your business and use the Safeture Services, the Platform and the App in full conformity with all applicable laws and regulations as well as in compliance with good and sound business practice. This includes but is not limited to that you may under no circumstances, and the Customer shall procure that no employees or other representatives of the Customer, use the Safeture Services to publish, distribute, copy or otherwise transmit any data or information that
(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.
4.6 Safeture has the right to, at any time, suspend or terminate the Safeture Services if you violate the Terms of Use or otherwise use the Safeture Services in a way that may cause Safeture or a third party any harm. Safeture shall not be liable for such suspension or termination.
4.7 If you as a Customer have acquired access to the Safeture Services by entering into an agreement with a partner to Safeture, Safeture has the right to, at any time, suspend or terminate the Safeture Services due to any breach by the partner of its agreement with Safeture, or termination of the agreement between Safeture and the partner for any other reason, irrespective of whether you have complied with the agreement between you and the partner and these Terms of Use. Safeture shall not be liable for such suspension or termination.
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
(a) any breach of these Terms of Use;
(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.
6.6 The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
7. Limitation of liability
7.1 Unless and to the extent specifically stated otherwise, Safeture shall have no liability for any damage or loss of any kind (including any claims against you by third parties) under or in connection with these Terms of Use, including the your use of the Safeture Services, the App or the Platform, regardless of how it was caused and whether such damage or loss was foreseeable or not at the time when the Terms of Use was entered into (even if advised of the possibility of such damage or loss).
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.
8.2 If you are an End User that have been provided with access to the Safeture Services through a Customer that has entered into an agreement with Safeture or a partner to Safeture, the terms for termination are governed by that agreement.
9. No waiver
9.1 No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.
9.2 Safeture’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
10. Assignment
You may not assign any or transfer any rights under these Terms of Use to any other person. Any attempted transfer or assignment shall be null and void. Safeture may assign or transfer its rights without restriction.
11. Miscellaneous
11.1 If and to the extent that either Party’s performance of its obligations under these Terms of Use is impeded or made unreasonably onerous by circumstances beyond its reasonable control, including, but not limited to, general labour disputes, war, fire, lightning, flood, acts of terrorism, amendments to regulations issued by governmental authorities, intervention by governmental authorities and defects or delays in deliveries by subcontractors caused by any such circumstance as referred to in this Section, such Party shall be released from liability in damages and any other penalties for delay in performing or failure to perform such obligations. The Party wishing to claim relief by reason of any circumstance as referred to in this Section shall without undue delay notify the other Party in writing. If performance is prevented for more than one (1) month as a result of any of the circumstances as referred to in this Section, the Party not affected by force majeure shall be entitled to immediately terminate the Terms of Use by notice in writing.
11.2 The provisions of these Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.
12. Apple requirements
12.1 This Section 12 is solely applicable to the App when provided for iPhone.
12.2 You acknowledge and agree that (i) these Terms of Use are concluded between you and Safeture only, and not Apple, Inc. nor its subsidiaries (hereinafter –“Ap-ple”); (ii) Safeture, and not Apple, is solely responsible for the Licensed Application and the content thereof; (iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application; (iv) in the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application; (vi) Apple is not responsible for any claims, losses, liabilities, damages, costs, or expenses that you may have arising out of your use of the Licensed Application; (vii) Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim related to the Licensed Application or your possession and use of the Licensed Application, nor is Apple responsible if the Licensed Application or your possession and use of the Licensed Application infringes any third party’s intellectual property rights; and (viii) you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
13. Governing law and disputes
13.1 These Terms of Use and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of Sweden, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction. Specifically excluded from application to these Terms is the United Nations Convention on the International Sale of Goods. 13.2 Any dispute, controversy or claim arising out of or in connection with this con-tract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one (1) or three (3) arbitrators. The seat of arbitration shall be Malmö, Sweden. The language of the arbitral proceedings shall be English.
13.3 All arbitral proceedings conducted pursuant to Section 13.2, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing Parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceedings shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award nor be disclosed to any third party without the prior written consent of the Party to which the information relates or, as regards to a decision or award, the prior written consent of all the other disputing Parties.
14. Contact
Please contact us at support@safeture.com with any questions regarding these Terms of Use.
Privacy Policy
1. General
1.1 “We”, “us” or “our” refers to Safeture AB, reg. no. 556776-4674, Scheelevägen 27, 223 63 Lund, Sweden, including its affiliates.
1.2 We are committed to protecting your privacy and to comply with applicable data protection and privacy laws. Throughout this privacy policy, (the “Privacy Policy”), the term “Personal Data” means information relating to an identified or identifiable individual (i.e. a natural person).
1.3 This Privacy Policy applies to the processing of Personal Data collected or submitted by you in connection with the use of the products and services, (the “Service”), offered by us and our affiliates, partners and suppliers. Please read this Privacy Policy carefully to understand how we collect, use, transfer, and store your data as you make full use of the Service.
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.
1.5 In this Privacy Policy, we explain which types of Personal Data we may process about you and for what purpose we process them. We also detail our processing of Personal Data as well as what choices and rights you have in relation to such processing. We kindly ask you to carefully review our Privacy Policy and acquaint yourself with its content.
1.6 Please note that this Privacy Policy relates to processing of Personal Data for which we are the controller. This means that we are responsible for the processing of your Personal Data. It also means that you should turn to us with questions or remarks, or if you wish to enforce any of your rights in relation to our processing of your Personal Data.
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:
(a) Name;
(b) E-mail address;
(c) Telephone number;
(d) Gender;
(e) Passport number;
(f) Nationality;
(g) Job title;
(h) Manager;
(i) Department/group;
(j) Location;
(k) Imsi;
(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.
4.2 When your Personal Data is no longer necessary for the purposes of the pro-cessing, it will be deleted or anonymized. We will, however, store your Personal Data if and to the extent we are required to do so according to law.
5. Sharing of your personal data
We may disclose your Personal Data to our data processors, for example companies providing the Service or hosting and cloud services companies. In such cases, a data processing agreement will be entered into which ascertains that your Personal Data is processed in accordance with this Privacy Policy.
6. Third country transfers
To be able to provide the Service, your Personal Data may be transferred to a country outside of the EU/EEA. If your Personal Data are transferred to a country outside the EU/EEA we will pro-vide adequate safeguards to protect your Personal Data, e.g. that the receiving country has an adequate level of protection. To obtain a copy of the safeguards applied, please contact us at the e-mail address stated below.
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).
7.7 You have the right to complain on the processing of your Personal Data by lodging a complaint to the Swedish Data Protection Authority.
8. The controller of your personal data and contact details
8.1 If you have any additional questions or concerns about this Privacy Policy or our information practices, please feel free to contact us at any time.
Safeture AB Attention:
DPO Scheelevägen
27 223 63 Lund
Sweden
8.2 Contact to the data protection officer: dpo@safeture.com
9. Changes to this privacy policy
We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at www.safeture.com.
