The Site and the Services, as defined below, are provided to you by Qyre AB, a company registered inSweden with company registration number 559146-0364 (the “Company” or"we"/"us"/"our").
By setting up an account at the Site, you confirm that you have read and understood, and that you accept to be bound by these Terms. Your acceptance of the Terms is a requirement for your access to and use of the Services. If you do not agree to the Terms, please do not access oruse the Services. The Company has the right to revise and amend the Terms from time to time. In the event of any material changes, the Company will notify you by e-mail. By continuing to use the Services after such notification, you agree to be bound by the revised or amended Terms.
The Site and the Services, as defined below, are provided to you by Qyre AB, a company registered in Sweden with company registration number 559146-0364 (the “Company” or "we"/"us"/"our").
By setting up an account at the Site, you confirm that you have read and understood, and that you accept to be bound by these Terms. Your acceptance of the Terms is a requirement for your access to and use of the Services. If you do not agree to the Terms, please do not access or use the Services. The Company has the right to revise and amend the Terms from time to time. In the event of any material changes, the Company will notify you by e-mail. By continuing to use the Services after such notification, you agree to be bound by the revised or amended Terms.
1. ABOUT THE SERVICES
- 1.1 The Site is an online platform for connection, recruitment, communication and production management directed primarily towards freelancers, media production companies and other project creators.
- 1.2 After creating an account, you will be able to create your own profile with information about which production area you work in, previous productions/experience, upload images, videos and other media to showcase yourself and your work and include other relevant information that you wish to share with the other users on the Site. You will also indicate your availability for participation in productions. Once recruited to a production, you may get administration access and communicate with other users involved in the same production. As a production company, or a user with administration access, you may follow-up on the production, see users involved, get statistics about the ongoing productions, etc.
- 1.3 Please note that some of the features available on the Site, such as bookings, invoicing, document signing, financing, advanced project monitoring, etc., may have separate terms and conditions, be provided by a third party (e.g. payment processing services, invoicing and contract signing solutions) and/or be subject to subscription fees. In that case, such terms and conditions are presented in connection with the relevant feature. All features are further described on the Site.
- 1.4 You may not, whether by yourself or anyone acting on your behalf, use the Services for any other purpose than as expressly stipulated herein. Non-permitted use of the Services includes, but is not limited to: (i) using the Services and/or the Site for any illegal, immoral, unlawful and/or unauthorized (i.e. purposes for which the Services are not intended) purposes; (ii) interfering with or violating other users’ rights to privacy and other rights, or harvesting or collecting personally identifiable information about other users, whether manually or otherwise; (iii) bypassing any measures we may use to prevent or restrict access to the Services; or (iv) copying, modifying, altering, adapting, making available, reverse engineering, decompiling, or disassembling any portion of the content made accessible by the Company on or through the Services and/or the Site or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such content, other than as expressly permitted under these Terms or applicable law.
- 1.5 You warrant that all user information provided by you to the Site and to the Company is true and correct and that, when necessary, you will update your user information in the Services so that it remains true and correct at all times.
- 1.6 You are responsible for maintaining control over your account and for preventing third parties from accessing the Services. You undertake not to reveal your password or any other personalized details associated with your account which could enable a third party to access your account.
- 1.7 The availability and functionality of the Services depend on various factors, such as communication networks, software, hardware and the Company’s suppliers. We do not warrant that the Services and/or Site will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
2. YOUR USE OF THE SERVICES
- 2.1 You may not, whether by yourself or anyone acting on your behalf, use the Services for any other purpose than as expressly stipulated herein. Non-permitted use of the Services includes, but is not limited to: (i) using the Services and/or the Site for any illegal, immoral, unlawful and/or unauthorized (i.e. purposes for which the Services are not intended)purposes; (ii) interfering with or violating other users’ rights to privacy and other rights, or harvesting or collecting personally identifiable information about other users, whether manually or otherwise; (iii) bypassing any measures we may use to prevent or restrict access to the Services; or (iv) copying, modifying, altering, adapting, making available, reverse engineering, decompiling, or disassembling any portion of the content made accessible by the Company on or through the Services and/or the Site or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such content, other than as expressly permitted under these Terms or applicable law.
- 2.2 Objectionable content may not be uploaded or displayed and we reserve the right to remove said content and ban or block policy violating users. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) promoting harassment, bigotry, racism, hatred or physical harm of any king against any group or individual; (iv) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (v) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker. Any user can report content they deem objectionable for review. Content will be moderated by us to ensure the timely removal of any and all objectionable content.
- 2.3 You warrant that all user information provided by you to the Site and to the Company is true and correct and that, when necessary, you will update your user information in the Services so that it remains true and correct at all times.
- 2.4 You are responsible for maintaining control over your account and for preventing third parties from accessing the Services. You undertake not to reveal your password or any other personalized details associated with your account which could enable a third party to access your account.
- 2.5 The availability and functionality of the Services depend on various factors, such as communication networks, software, hardware and the Company’s suppliers. We do not warrant that the Services and/or Site will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
3. SUBSCRIPTION FEES
- 3.1 Some parts of the Services are provided free of charge while some of the Services are subject to additional fees, which in that case is clearly stated on the Site.
- 3.2 For a production company or project owner, there are different subscriptions packages as further described on the Site.
4. INTELLECTUAL PROPERTY RIGHTS
- 4.1 The Company owns or controls the Services, the Site as well as any content available there which has been created or generated by the Company. All intellectual property rights pertaining there to, including, but not limited to, patents, trademarks, domain names, trade names, materials protected by copyright and trade secrets are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property legislation. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
- 4.2 The ownership rights to material that you upload to the Services remains with you, and the Company does not claim any ownership to any such material. However, the Company is entitled to use such material and data for the purpose of improving the Site and/or theServices.
- 4.3 Please note that if you upload texts, images, or other kinds of material owned by a third party to the Site and/or the Services, it is your responsibility to ensure that you have the necessary rights to use and publish such protected materials on the Site and/or the Services.
5. LINKS TO THIRD PARTY WEBSITES
- 5.1 Please note that the Site may include links to other websites which are owned and operated by third parties. The Company does not moderate the content of such websites, and neither endorses, nor is responsible for, any content, advertising, products, services or other materials on or available from such third-party websites.
- 5.2 Your use of third-party websites may be subject to that third-party’s terms and conditions, and the Company recommends that you review the terms and conditions of such third-party websites before using them.
6. PERSONAL DATA
- 6.2 For other processing activities, i.e. when users interact, manage productions etc. each user, or production company, respectively, is considered as the data controller for its processing activities. The Company is considered as the data processor, acting on behalf of its users, in such processing activities. Such processing solely consists of storing the data added to, or generated by the use of, the Site and managing the Site so that it is available for the users as described herein, and the personal data pertains only to the users of the Site. The following sections under this Section 6 regulate the relationship between the Company and the user when the Company is acting as a data processor.
- 6.4 The Company is given a general right to engage sub-contractors in order to provide the Services and to process personal data. When engaging sub-processors for the processing of personal data the Company shall, at the request of the user, inform the user of any plans regarding engagement of a new sub-processors or replacement of a sub-processor, so that the user is given an opportunity to object to such changes. The Company undertakes to enter into a data processing agreement with each such sub-processor on terms and conditions equivalent to this Section 6. The Company shall remain fully liable to the user for the performance of a sub-processor’s obligations.
7. CHANGES TO THE SERVICES
- 7.1 The Company reserves the right to modify, correct, develop, improve, or make any other change to, or discontinue (temporarily or permanently), the Services and/or Site (or any part thereof) without notice, at any time. In the event of a permanent discontinuation of the Services, the Company will, unless prohibited by applicable law, inform you hereof not later than thirty (30) days prior to such discontinuation.
- 7.2 Your non-compliance with the Terms may result in the removal of your content from the Site and/or termination of your account and your use of the Services. By using the Site and the Services, you accept that the Company may, at any time and at its own discretion, close the Site or parts of the Site and discontinue the Services or parts thereof.
- 7.3 You may delete your account in order to terminate your use of the Services at any time and for any reason. In such case, your rights and obligations under the Terms will also terminate except for such obligations of yours that have arisen as a consequence of your use of the Site and the Services before the deletion of your account.
- 8.1 You agree to defend, indemnify and hold harmless the Company, including our officers, employees, affiliates, licensors, agents and suppliers from and against all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees)arising from: (i) your unauthorized use of the Services, the Site and/or content therein; (ii)your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party in connection with your use of the Services and/or Site; (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Services and/or Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
9. DISCLAIMER AND LIMITATION OF LIABILITY
- 9.1 To the fullest extent legally permissible, the Services, the Site, the content and third party components provided therein are provided on an "as is" and "as available" basis, and the Company and our vendors (including the applicable platform providers) disclaim all warranties of any kind, express, implied or statutory, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose.
- 9.2 We will make reasonable efforts to make sure that the Services will be available for use 24 hours a day and 365 days a year. However, the Company will not be liable and/or responsible for the Services’ and/or the Site’s failure to be available for any reason whatsoever, including but not limited to internet and network caused outages, outages during which the hardware and software cannot be accessed due to technical or other problems that are not under our control (e.g. force majeure, third party negligence, etc.).
- 9.3 To the maximum extent legally permissible, in no event shall the Company, including the parties mentioned in Section 9.1, be liable for any damages whatsoever including, but not limited to, direct or indirect damages of any kind (including without limitation, loss of goodwill, profits or data and business interruption) arising hereunder, resulting from or arising out of the Services, your use or inability to use the Services or failure of the Services and/or the Site to perform as represented or expected.
- 9.4 For the sake of clarity, the Company shall have no obligation whatsoever to fulfil any obligations or requirements stipulated in the contracts, agreements, etc., or otherwise agreed, between the users of the Services and shall not be liable for any damages arising or resulting from such agreements (including, but not limited to, non-payments).
- 10.1 These Terms constitute the entire terms and conditions between you and the Company relating to the Service and supersedes any and all prior written or oral agreements or understandings between you and the Company.
- 10.2 The Company has the right, fully or partly, to transfer its rights and obligations to third parties under these Terms. You have no right to transfer your rights and obligations under these Terms, unless you have the Company’s written consent to do so.
- 10.3 If any part, term or provision of the Terms is held to be illegal or unenforceable, the validity of the remainder of the Terms will not be affected. Any omission of the Company to enforce its rights under the Terms shall not be regarded as a waiver of such rights. It is expressly understood that all provisions regarding limitations of lability and indemnities will remain in full force and effect and shall survive the deletion of your account at the Site.
11. GOVERNING LAW AND DISPUTES
- 11.1 Any claim relating to the Services and/or Site or the use thereof will be governed by and interpreted in accordance with the laws of Sweden, without reference to its conflict of law principles.
- 11.2 Any such claim shall be discussed in good faith and resolved amicably. To the extent such claims cannot be resolved through such discussions, it shall be settled by the courts ofSweden.
12. CONTACT INFORMATION
- 12.1 For information, support or questions, please contact us at email@example.com.
INTRODUCTION AND CONTACT DETAILS
For other processing activities, i.e. when you interact with other users, create productions, manages productions, etc. you (and every other user, respectively) are considered a data controller for your own processing activities. We are a data processor, acting on your behalf, in such processing activities. Such processing solely consists of storing the data added to, or generated by the use of, the Site and managing the Site so that it is available for you and all other users. We have however added examples of such processing activities to that you can get an understanding of how your personal data is processed when creating an account.
If you have any questions about our processing, you are welcome to contact us via the following email address: firstname.lastname@example.org. If you have any questions about how a specific user/production company is using your data, please reach out to that specific user/production company.
1. WHAT PERSONAL DATA IS PROCESSED ABOUT YOU?
1.1. Personal data is all information that may be associated to you as an individual.
1.2. When you create and account and use our services, the following personal data about you will be stored on the Site:
- Name, contact details (mobile number and email)
- Area of practice, previous experience, work and projects as well as trust marks given by other users
- Other information that you may add on your profile
Your location (provided that you have activated that function yourself)
- IP address and other device information (this information is processed via cookies, please see more about cookies in the section below)
- Information related to your use of the services (productions participated in, etc.)
- Statistics about the production you have participated in and your responsibilities and tasks in such production
1.3. In this table you can see the cookies we have placed on the Site, for what purposes they are used, how long they are stored and if the data collected by the cookie is shared with any third parties:
2. FOR WHAT PURPOSES IS YOUR PERSONAL DATA PROCESSED?
2.1. We use the personal data listed above for the purpose of:
- Providing relevant and interesting offers as well as creating and improving content, tools, and features on the Site that can help and assist you in your everyday work life.The provision and creation of the foregoing is based on data that you have added to your profile (such as the country you reside in and your area of expertise), for example:
- - if you have stated that you are a photographer, we may send/display offers from our partners in the photograph industry as we assume you may find such offers to be of interest;
- - if you have stated that you are a photographer, we may arrange educational workshops or online training sessions in collaboration our partners in the photograph industry; or
- - if you have stated that you reside in Sweden, we may promote or invite you to events created by us or our collaboration partners in Sweden.
- Performing statistics and analysis in order to see how the Site is used, what functions are the most popular, etc. in order to develop new similar functions or improve functions that are not used as often as the popular ones; note that we strive to use unidentifiable data when performing such analysis
- Sending information and marketing, as well as event invitations, from us and our partners, to you via email, SMS or by showing such information and marketing on the Site, e.g. by displaying ads and banners.
- Fulfilling our legal obligations and defending our company in case of any legal claims.
2.2. As a data processor we use the data above in order to administrate and provide the service to you. This includes offering the functionalities on the Site and storing the data you and other users, including production companies, upload to the Site as well as the communications between you.
3. WHEN IS YOUR PERSONAL DATA ERASED?
3.1. The data is stored as long as you have a registered account. In case you delete your account, all data will be erased unless it is required by national legislation that the data is stored. In such case, data that is required to be retained will be stored for the time period stated in the legislation. In case there are any unresolved matters when you terminate your account, we will store the data until such matter has been resolved.
3.2. As regards cookies, please see the respective storage period for each cookie in the table above. In the section below you can see more information about how to erase and block cookies.
4. WITH WHAT LEGAL BASIS IS YOUR PERSONAL DATA PROCESSED?
4.1. Our processing is based on a balancing of interest. Balancing of interest means that we have a legitimate interest of processing the data – such as improving the quality of the servicesand the Site, developing new and exciting features and sending/displaying information, event invitations and marketing relevant for your profession – and we do that in a way that does not interfere with your privacy. In this assessment, we have taken into account that most of our users are professional contractors and not consumers. You can opt out from direct marketing at any time via the link inserted in each email/SMS. You can also remove information from your profile whenever you would like to.
5. TO WHOM IS YOUR PERSONAL DATA DISCLOSED?
5.1. Your personal data (all data mentioned under section 1.2 except for IP address and device information) is shared with other users on the Site as the information uploaded to your profile is displayed to all users. Production companies may search for other users based on areas of practice and other parameters, such as location, and will get access to statistics about productions you have participated in (such as for what time period you have been involved in the production).
5.2. The data may also be shared with external parties outside of Qyre (e.g. parties providing services to us, such as IT services). The companies that we disclose data to are only allowed to process your data in accordance with our instructions and by way of agreements we ensure a high level of security for your personal data. Should we transfer your data to external companies outside the EU/EEA, we ensure that appropriate security measures have been taken, such as including the EU Commission’s standard contractual clauses for third country transfers (which are available at the EU Commission’s website) in our agreements with the parties accessing personal data. Please note, however, that all data is currently stored within the EU/EEA.
5.3. We will also disclose your data to authorities or other companies if it follows from a legalrequirement or administrative decisions that we should disclose the data and/or to theextent that they are entitled to access the data.
6. YOUR RIGHTS IN CONNECTION WITH OUR PROCESSING
6.1. Pursuant to applicable data protection legislation, you have the following rights in connection with the processing of your personal data:
- Right of access, i.e. a right to obtain information about what personal data is processed about you and a copy of the personal data undergoing processing
- Right to rectification, i.e. a right to have incorrect data corrected
- Right to erasure, i.e. a right to have your personal data deleted
- Right to restriction of processing, i.e. a right to request that the processing is restricted, for example if you contest the accuracy of the personal data processed
- Right to data portability, i.e. a right to request that your personal data is being transferred to another company
- Right to object to the processing of your personal data
- Right to withdraw your consent to the extent personal data is processed on the basis of your consent (a withdrawal will however not affect the lawfulness of processing based on your consent before its withdrawal)
- Right to lodge a complaint with a supervisory authority if you consider that the processing does not comply with the applicable data protection legislation
6.2. Some of the rights above are only applicable in certain situations. In case you would like to exercise any of your rights in relation to Qyre, or know more about them, please contact us via the contact details above.
6.3. In case you would like to exercise any of your rights in relation to any other user (i.e.another data controller) on the site, please contact such user directly or reach out to us via the contact details above and we will do our very best to assist you.