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TERMS OF USE – CAIRY

The following ”Terms of Use” applies between Cairy AB, reg. no. 559150-6638 (”Cairy” or ”we”), and the individual that has registrered a User Account (as defined below) at Cairys smart device application Cairy (”User”).

1. THE SERVICE

Cairy is a social network app for sober addicts, people who have a desire to stop abusing alcohol, people that are at risk of becoming addicts and co-dependent (”Service”) where the User can submit information, post and display material, create and join events, chat and otherwise interact with other Users (”Content”).
The Terms of Use apply to all use of User in relation to the Service.
2. DEFINITIONS

”User Account” means the account provided to the User for access to the Service.
”Intellectual Property” means any patents, trade marks, service marks, domain names, registered designs, utility models, design rights, moral rights, rights in databases, copyrights, inventions, trade secrets, business or trade names, know-how and all other Intellectual Property and neighbouring rights and rights of a similar or corresponding character in any part of the world (whether or not registered or capable of registration) and all applications and rights to apply for or for the protection of any of the foregoing.
3. USER REGISTRATION

A prerequisite for delivery of the Service is (i) that the User has access to a smart phone/unit that supports the Service, and (ii) the User at the first login electronically accepts Cairy’s at any time applicable Terms of Use for the Service. If the User does not agree to the Terms of Use or Cairy is not provided for the necessary information, Cairy is not required to provide the Service.
In order to register an account the User must be 18 years of age or over and have reached the age of majority.
4. USER OBLIGATION

Since Cairy has no tolerance for objectionable Content or abusive Users, the User accordingly agrees to be bound by the following obligations:
A) TO NOT USE THE SERVICE FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE. THE USER WILL NOT USE THE SERVICE TO DO OR PORTRAY ANYTHING IMMORAL, MISLEADING, MALICIOUS, VIOLENT, PORNOGRAPHIC, NUDE OR DISCRIMINATORY;

B) TO NOT POST CONTENT OR USE THE SERVICE IN WAY THAT ADVOCATE, PROMOTE, INCITE ANY THIRD PARTY TO COMMIT, OR ASSIST ANY UNLAWFUL OR CRIMINAL ACT;

C) TO BE SOLELY RESPONSIBLE FOR THE USERS CONDUCT AND ANY DATA, TEXT, INFORMATION, SCREEN NAMES, GRAPHICS, PHOTOS, PROFILES, AUDIO AND VIDEO CLIPS, LINKS OR OTHER MATERIAL THAT THE USER SUBMIT, POST, AND DISPLAY ON THE SERVICE;

D) TO NOT UPLOAD VIRUSES OR OTHER MALICIOUS CODE;

E) TO NOT SOLICIT LOGIN INFORMATION OR ACCESS AN ACCOUNT BELONGING TO SOMEONE ELSE OR DISCLOSE THE NAME, PHONE NUMBER OR ANY OTHER PERSONAL DATA RELATED TO ANOTHER PERSON; AND

F) TO NOT BULLY, INTIMIDATE, OR HARASS ANY OTHER PERSON.

IF THESE RULES ARE NOT MET, CAIRY MAY TAKE ACTION SUCH AS DISABLING USER ACCOUNT AND / OR REPORT TO THE POLICE. IN ADDITION, CAIRY RESERVES THE RIGHT TO, AT ITS SOLE DISCRETION, DELETE ANY OBJECTIONABLE CONTENT.

FURTHERMORE, THE USER AGREES TO PROVIDE INFORMATION THAT IS CORRECT AND UNDERTAKES TO KEEP THE USER ACCOUNT UPDATED AND UP TO DATE AND PROMPTLY NOTIFY CHANGES TO PREVIOUSLY SUBMITTED INFORMATION, SUCH AS NAME, ADDRESS, PHONE NUMBER, E-MAIL, CREDIT CARD DETAILS, ETC.

5. USER RIGHTS

The right to Withdrawl

As a consumer, the User has the right to return an order for no reason within 14 days from when the User received the item (withdrawal). Without prejudice to the right to exercise the right of withdrawal, the User has the right to examine the Service.
If the User wishes to exercise the right of withdrawal, the User shall send a clear notice of hisor her decision to withdraw the Service to Cairy (such as a letter sent by mail, fax or e-mail). The user can use the following template (http://www.konsumentverket.se/contentassets/c78f43844da74c7786821d8d12a98b5a/angerblankett_konsumentverket_150817.pdf).
If the User withdraws the Service, Cairy will refund all Cairy payments received from the User. The refund will be made without undue delay and in any case no later than 14 days from the date of notification of the User’s decision to terminate the Service. Cairy will use the same payment method for the refund that the User has used for the order, if the User has not explicitly agreed with us about anything else. In any case, the refund will not cost the User anything.
Complaints

It is important that the User carefully examines the Service when the User conntects to it. If, after connecting to the Service, the User discovers that it is deficient or does not correspond to what the User has ordered, the User shall contact Cairy within 14 days. Any complaints may be made to Cairy Customer Service or to [support@cairy.com].
If the User as a Consumer believes that the Service The User has purchased from us is deficient but we do not agree with the User, then we have a dispute. In order for this dispute to be examined, the User may refer to The National Board for Consumer Disputes (Sw. Allmänna Reklamationsnämnden), Box 174, 101 23 Stockholm, www.arn.se. We will participate in the dispute settlement precedure and follow The National Board for Consumer Disputes recommendations.
6. CAIRY’S LIABILITY

Cairy is responsible for the function and quality of the service and undertakes to offer reasonable technical support to the User.
Cairy makes no warranties and makes no commitments, including (but not limited to) warranties or representations regarding the Service beyond what is expressly stated in the Terms of Use.
Cairy shall under no circumstances be liable for any indirect loss or damage arising from any act or omission relating to the Service.
Cairy’s total liability in relation to a claim from the User shall in all respects be limited to the license fees paid for the User Account in the last twelve months.
Cairy is not responsible for the availability of the Service, technical interference or loss of data, unless otherwise provided by applicable law. Cairy is not obliged, except as required by compulsory law, to pay compensation for errors, shortcomings, data loss or other breach of contract by Cairy.
Limitations of liability as above do not apply in case Cairy caused the User to damage from gross negligent or by intentional conduct.
7. NO MEDICAL ADVICE OR SERVICE

Cairy provides the Services for theUser to track, manage, and share exeperiences about the User’s addiction. The Service does not contain or consitute, and should not be interpreted as the provision of medical advice or service. The User should always consult a qualified and licensed medical professional prior to beginning or modifying any diet, exercise or medical program.
8. INTELLECTUAL PROPERTY RIGHTS

By submitting Content, the User agree to grant Cairy a non-exclusive licence to use that Content. Although the User will still own the rights to the Users Content, Cairy will have the right to freely use, edit, alter, reproduce, publish and/or distribute the information or material contained in the User’s submissions to the Service. This licence will be free of charge, perpetual and capable of sub-licence. Cairy may exercise all copyright and publicity rights in the material, including the User’s name and picture, contained in the User’s Content in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
The User’s must ensure that the User’s Content does not infringe any copyright, image or privacy right, database right or trademark of any other person. By submitting Content to the Service, the User are warranting that the User have the right to grant Cairy the non-exclusive copyright licence described above. If the User is not in a position to grant such a licence to Cairy, please do not submit the Content.
All Intellectual Property to the Service, including further development or other processing or modification thereof, will be added to Cairy.
The User undertakes not to make the Service available to anyone other than the User under the terms of the Terms of Use without Cairy’s written consent.
The User does not own the right to interfere with the Service or remove or change the trademark, trade name, copyright notice or other marking in the promotion of the Service. Cairy does not own the right to modify, supplement, decompile or reassemble the Service to reproduce its source code, beyond the copyright law.
The User shall promptly inform Cairy of intrusion or suspected infringement of Cairy’s Intellectual Property rights to the Service. Cairy has no obligation to defend such rights. If Cairy chooses to do so, the User shall assist Cairy in a reasonable amount and at his own expense.
9. TERMINATION

The agreement on the Service is valid until further notice. Cairy and the User have the right, at any time, to terminate the agreement with a notice period of [one (1) month].
If the User wishes to discontinue use of the Service, the User shall contact Cairy at [support@Cairy.app] for Use Account deletion. In the event of such termination, Cairy shall promptly remove the terminated User Account and remove all services and User’s personal data, unless required by law, according to the Personal Data Policy https://www.cairy.app/integritet-och-villkor
Termination of the Agreement shall not affect any Party’s rights and obligations arising prior to the date of termination.
If Cairy judges the User to abuse the Service, the User may immediately shut down. The user will then be notified in writing that such action has been taken.
Cairy also reserves the right to immediately discontinue providing the Service to the User.
Cairy may, at any time without notice, change the design of the Service and its features, or cease providing the Service.
10. FORCE MAJEURE

If Cairy’s performance of its obligations under the Terms of Use is significantly obstructed or prevented due to circumstances beyond the control of Cairy and the consequences of which Cairy could not reasonably have avoided or overcome, such as general labor conflict, fire, lightning, terrorist attacks, natural disasters, restrictions in the energy supply, changed government regulation, government intervention and errors or delays in services from supplier / subcontractor due to circumstances specified herein, this shall constitute an exemption basis which provides for exemption from damages and other penalties.
11. PERSONAL DATA

Cairy processes the User’s Personal Data in accordance with our Privacy Policy. Policy are available on https://www.cairy.app/integritet-och-villkor
12. AMENDMENTS AND TRANSFER

Cairy has the right to make changes to these Terms of Use, and will publish the lates version of the Terms of Use on https://www.cairy.app/integritet-och-villkor before a change is made. A new version of these Terms of Use will enter into force 30 days after the lates version of the Terms of Use was published on the Website and becomes applicable to the User when the User, after such time, uses the Service or otherwise approves the new Terms of Use.
We strive to publish the earlier versions of the Terms of Service, if available, for the previous twelve-month period. The user can view these earlier versions by visiting our site.
Cairy has the right to transfer the Service, including all related rights and obligations, to third parties.
13. DISPUTE AND APPLICABLE LAW

The Terms of Use shall be interpreted and applied in accordance with Swedish law. Any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts.
14. VALIDITY

If one or more provisions of these Terms of Use are deemed to be invalid, illegal or impossible to enforce, the validity, legality and enforceability of the remaining provisions shall remain in force.
These Terms of Use enter into force 2019-01-31

YOUR PRIVACY

PRIVACY POLICY – CAIRY

1. INTRODUCTION

Cairy AB, org. no. 559150-6638 (the ”Company”) is the Data Controller for the processing of your Personal Data in connection with registering a user account for our social network app Cairy (the “Service”) for sober addicts, people who have a desire stop abusing alcohol, people that are at risk of becoming addicts and co-dependent (”User”). The User can submit, post and display material (”Content”) and communicate with other Users that are connected the Service. Cairy is thus responsible for ensuring that all Personal Data is processed correctly and in accordance with applicable data protection legislation.

This Privacy Policy (hereinafter the ”Privacy Policy”) describes the Company’s processing of your Personal Data and has the purpose of making you feel safe knowing how the Company processes your Personal Data.

Personal Data means all types of information that may, directly or indirectly, be attributed to a living natural person. Within the scope of the Company’s business activities, there may occur Personal Data such as given names and surnames, personal ID numbers, telephone numbers, address, postal codes, e-mail addresses etc. (”Personal Data”).

If you cannot find the answers to your questions, please contact us. You will find information on how to contact the Company under the heading ”Contact Information” below.

2. WHY AND HOW WE PROCESS YOUR PERSONAL DATA

Purpose

Type of processing

Categories of Data Subjects

Categories of Personal Data

Personal Data is processed in order to administer the user accounts and to administer and provide the Service (including support and maintenance).

The following are examples of processing performed:

– Creation of user account;

– Reset of password; and

– Storage.

Users who have registered account for the Service.

Name

User-ID

E-mail

Address

Telephone number

Password

Contact information

Lawful basis: Fulfillment of agreement and legitimate interest. The processing is necessary in order to fulfil the agreement to provide the Service and satisfy the Company’s interest in administering and providing the Service.

Your right to oppose the processing: The processing of your Personal Data is necessary in order for us to provide the Service. If you oppose this type of processing we will unfortunately not be able to provide the Service.

Data retention period: The Personal Data will be retained for as long as you have a user account registered with us. The Personal Data may be saved longer if it is necessary in order for us to fulfil a legal obligation.

Purpose

Type of processing

Categories of Data Subjects

Categories of Personal Data

Personal Data is processed in order to administer and share the User’s Content on the Service and to administer the Users participation in the available features of the Service.

The following are examples of processing performed:

– Post Content on the Service;

– Administrating the Users organization of events;

– Administrating the Users request of “Help”;

– Administrating the Users voice library; and

– Administrating the Users participation in video sharing meetings.

Users who have registered account for the Service.

Name

User-ID

E-mail

Address

Telephone number

Contact information

Interests

Health information (including information about addiction)

Content (i.e. uploaded photos and other posts)

Lawful basis: Fulfillment of agreement, consent and legitimate interest. The processing is necessary in order to fulfil the agreement to provide the Service and satisfy the Company’s interest in administering and providing the Service.

Your right to oppose the processing: The processing of your Personal Data is necessary in order for us to provide the Service. If you oppose this type of processing we will unfortunately not be able to provide the Service.

Data retention period: The Personal Data will be retained for as long as you have a user account registered with us. The Personal Data may be saved longer if it is necessary in order for us to fulfil a legal obligation.

Purpose

Type of processing

Categories of Data Subjects

Categories of Personal Data

The Personal Data is processed in order to analyze the Users misuse, habit and behavior related to alcohol consumption.

The following is an example of processing performed:

– Analyzing data generated from the Users account regarding alcohol consumption and risks of relapse to alcohol misuse.

Users who have registered account for the Service.

Name

User-ID

Health information

Lawful basis: Legitimate interest and consent. The processing is necessary in order satisfy the Company’s interest in analyzing and improving the Service.

Your right to oppose the processing: The processing of your Personal Data is necessary in order for us to analyze the Service and you behavior av a User. If you oppose this type of processing we will cease from processing your Personal Data for analytics.

Data retention period: The Personal Data will be retained for as long as you have a user account registered with us.

3. RECIPIENTS OF PERSONAL DATA AND TRANSFERS TO THIRD COUNTRIES OUTSIDE THE EU/EEA

In our capacity as Data Controller, we may assign the processing described above to a partner or supplier, e.g. suppliers of chat services and video services within the Service. Such processing will not be conducted for other purposes than as stated above. Some partners and suppliers may have parts of their business in countries outside the EU/EEA (a so-called Third countries). Transfer is only made to such countries that offer an adequate level of data protection according to the EU Commission, or if the supplier has a legally binding and enforceable instrument that guarantees the safety of the Personal Data.

4. YOUR RIGHTS AS DATA SUBJECT

You have the right to:

request information on what type of Personal Data we process and you may request a copy thereof (record extract);
have incorrect Personal Data rectified and, in certain cases, request to have your Personal Data deleted;
object against the processing of certain Personal Data and request that the processing of your Personal Data is restricted;
withdraw a consent to Personal Data processing;
have the Personal Data you’ve provided us transferred to another Data Controller (right to data portability); and
if you are unhappy with how we process your Personal Data, you may file a complaint with the Swedish Data Protection Authority, which is the supervisory authority. Contact information to the Swedish Data Protection Authority may be found at www.datainspektionen.se.

You may at any time, via [specify ways of contact, e.g. via the Service], obtain, erase or restrict the processing of your Personal Data. Please note that if you request that we restrict the processing of or erase your Personal Data, this may mean that we will not be able to provide you the Service.

5. PERSONAL DATA PROTECTION

We have undertaken appropriate technical and organizational measures in order to protect Personal Data against loss, abuse, unauthorized access, disclosure, alteration and destruction. In order to ensure that Personal Data is processed in a secure and confidential manner, we use [list protective measures, e.g. computer networks that are protected against breach using firewalls and passwords pursuant to industry standards, and reference any applicable safety policy].

Our employees and suppliers are bound by confidentiality or data processor agreements and are obligated to follow our rules on information and IT security and other internal regulations that further regulate the processing of Personal Data.

6. CHANGES TO THIS PRIVACY POLICY

The Company reserves the right to revise this Privacy Policy at any time. The date of the latest revision is stated at the end of the Privacy Policy. If the Company makes any changes to the Privacy Policy, the Company will publish these changes on the Company’s website [insert hyperlink to website]. You are therefore recommended to regularly review this Privacy Policy in order to note any changes

7. CONTACT INFORMATION

If you have any questions regarding the Privacy Policy or our processing, please contact:

Cairy AB, org. no. 559150-6638

support@cairy.app

The House – Björklundabacken 10, 436 57 Hovås

The Privacy Policy was adopted on 2019-01-31