Privacy policy

BROOCHY TERMS OF USE 2016

1. PARTIES AND CONTRACTUAL RELATIONSHIP

1.1. These Terms of Use and the Broochy Privacy Policy available below (together "Term") govern the contractual relationship between Broochy Oy (Business ID 2733261-1), a company duly incorporated under the laws of Finland and having its principal place of business at Kaisanimenkatu 13 A 00100 HELSINKI, Finland ("Broochy"), and yourself ("You") with regard to Your use of the Broochy marketplace available at www.broochy.com and any applications made available by Broochy in connection thereof (together "Service").

1.2. By using or accessing the Service, You acknowledge, represent and warrant that You have read these Terms, have the right to accept these Terms and agree to be bound by these Terms. If You do not agree to these Terms, please do not access or use the Service.

1.3. Broochy may collect and use Your personal data for the purpose of providing the Service. Such use of Your personal data shall be subject to Broochy's Privacy Policy available below.

2. THE SERVICE

2.1. Broochy grants You the right to use the Service in accordance with these Terms.

2.2. Broochy is in no way responsible for any use of the Service by You or by any other party. The Service contains content and material posted by third parties, as well as links to third party web sites and services. Broochy does not actively monitor, and is in no way liable for any such content, material or third party websites or services. You use the Service solely at Your own risk.

2.3. Broochy shall have the right to remove at any time, for any reason and without any liability to You, any content You upload, post, or otherwise supply to the Service such as photos, videos, audio, text, comments, usernames, links and files ("Content").

2.4. Broochy provides the Service free of charge. However, You understand and agree, that normal data carrier rates and fees such as costs for the internet connection are applicable when using the Service. Further, goods and services provided by third party merchants ("Merchants") via the Service shall be subject to the costs determined by the respective Merchant providing the goods or services.

2.5. The Service may contain advertising, and by using the Service, You agree to that Broochy and third parties may display advertisements or other marketing in connection with the Service.

2.6. You are responsible for any devices, systems, applications, connections and software You use in connection with the Service including but not limited to their functionality and interoperability with the Service and their suitability for any purpose. You are responsible for ensuring that Your devices, systems, applications, connections and Content uploaded to the Service do not cause any disruption or harm to the Service, Broochy or to any third parties. You are responsible for the protection of Your data, data communications and data systems.

2.7. Broochy has the right to change, modify and update the Service or any part thereof at any time. Broochy shall at its discretion use reasonable efforts to inform You in advance of any material changes to the Service that may affect Your use of the Service in an adverse way.

2.8. Broochy shall have the right to terminate or suspend the Service, or Your access to the Service, as well as these Terms at any time, for any reason, without notice and without any liability to You. Broochy reserves the right to refuse anyone the access to the Service at any time for any reason.

2.9. You may terminate the use of the Service at any time by logging into the Service and following the instructions for terminating Your user account.

2.10. Upon the termination of Your use of the Service for any reason, Your rights under these Terms shall cease immediately. Any Content You have published in the Service will no longer be accessible through Your account, but may persist and appear in the Service. In addition, copies of such Content may persist in back-up copies of the Service.

3. USE OF THE SERVICE

3.1. You must be at least sixteen (16) years old to use the service.

3.2. The Service is a marketplace allowing You to purchase goods and/or services from third party Merchants. Any and all transactions as regards such goods or services the Merchant sells or provides via the Service, are always solely between You and the Merchant. Broochy is not a party to such transactions and is not liable for such purchases or transactions. Such purchases and transactions shall be solely governed by an agreement between You and the respective Merchant.

3.3. You agree to use the Service fully in compliance with these Terms and applicable laws and regulations at all times. In the event of any violation of these Terms, Broochy shall have the right, at its sole discretion, to terminate Your user account and/or these Terms and/or suspend the provision of the Service to You without notice.

3.4. You are solely responsible for any activities or omissions that occur through Your user account. You agree to keep Your user account and Your password confidential and secure from third parties and agree to ensure that third parties do not use the Service with Your user account. You will not create multiple user accounts or user accounts for any other party than You.

3.5. You represent and warrant that information You provide to Broochy (including without limitation when registering Your user account) will be true, accurate, current and complete, and You agree to update such information as necessary to maintain it conforms with the aforesaid.

3.6. You may not use the Service for any illegal, unauthorized, inappropriate or unethical purpose or activities. Such activities include without limitation activities related to drugs, alcohol or tobacco, weapons, hazardous materials, stolen items, hate items, pornography, mature content, human trafficking, unsolicited email, comments, likes or other forms of harassing communications, spam, transmission of worms, viruses, spyware, malware or software of a destructive or disruptive nature, spying, phishing, soliciting or distributing personal information or other non-public information, bullying, stalking, impersonating or intimidating third parties and other similar activities.

4. INTELLECTUAL PROPERTY RIGHTS

4.1. All rights, title and interest in and to the Service and any content posted by Broochy to the Service are the sole and exclusive property of Broochy or third parties. Broochy name and logo are trademarks of Broochy, and You agree not to use such trademarks without the prior written permission of Broochy. You may not attempt to reverse engineer, de-encrypt or otherwise derive the design, internal logic, structure or inner workings (including algorithms and source code) of the Service.

4.2. You understand that if You publish Content to the Service it may also be available to other users and other third parties. Please do not publish any Content to other users of the Service or third parties You are not comfortable sharing publicly.

4.3. You shall be solely responsible for any Content You upload, post, publish or otherwise supply to the Service. You represent and warrant that You have the right to upload, post or otherwise supply the Content to the Service and that the Content or any use thereof does not violate any third party intellectual property rights.

4.4. In the event any claims are made by a third party against Broochy based on the infringement by Your Content of applicable laws and/or third party intellectual property rights, You agree at Your expense to defend and hold Broochy harmless against any and all such claims and to reimburse Broochy any damages or other expenses (including attorneys´ fees) incurred by Broochy due to such infringement. You undertake to pay any damages, costs and expenses caused to Broochy by any such third party claim as well as any damages awarded to a third party claimant by a competent court of law or court of arbitration due to a reason attributable to such Content.

4.5. These Terms do not constitute any transfer of intellectual property rights in the Content from You to Broochy. However, in order to allow Broochy to provide the Service as described herein, You grant to Broochy a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sub-licensable license to use the Content for the purpose of providing the Service ("License"). You represent and warrant that You have the right to grant the License to Broochy. The License shall survive the termination of these Terms.

4.6. In the event that You provide Broochy with any feedback regarding the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/ or suggestions for the Service, You hereby assign to Broochy all rights in such feedback, including but not limited to, the right to use such feedback and related information in any manner Broochy deems appropriate.

5. LIMITATION OF LIABILITY

5.1. The Service is provided on an "as is" and "as available" basis without any warranty of any kind, and You are solely responsible for Your use of the Service. For the avoidance of any doubt, Broochy does not provide any warranty, express or implied, with regard to the availability of goods and services or the correctness or accuracy of the information provided by Merchants. Broochy is not liable for such goods, services or information.

5.2. The Service does not include and Broochy shall not be responsible for any retention or storage of Your data and Content for Your purposes. You are solely responsible for taking and maintaining appropriate back-up copies of any of Your Content and data as well as ensuring its functionality. Broochy shall not be held responsible for any loss, destruction or alteration of Your data or other Content or the related costs and damages that result, for instance, from the recreation of files.

5.3. To the maximum extent permitted by law, Broochy shall not have any responsibility or liability for the Service or business, transactions and activities carried via the Service or Your use thereof. Broochy shall, in no way, assume any responsibility for Your data including any damage to the Your data or its correctness, completeness or accuracy.

5.4. Broochy shall not be liable for any direct, indirect or consequential damages or losses of any kind under any circumstances.

6. OTHER PROVISIONS

6.1. Broochy may change or amend these Terms at any time by posting the changed information and documents at www.broochy.com and/or by using its reasonable efforts to inform You of the change via email, in the Service or otherwise. Should You not wish to continue to use the Service under such amended Terms, You may terminate these Terms to end on the date on which the relevant changes would take effect by informing Broochy of such termination before the relevant date or by following the instructions provided in the Service. By continuing or resuming use the Service following such changes or amendments, You agree to be bound by the changed or amended Terms.

6.2. These Terms constitute the entire agreement between You and Broochy with respect to the subject matter hereof, and supersede all proposals, oral or written, all previous negotiations, and all other communications between You and Broochy with respect to the subject matter of these Terms.

6.3. If any provision of these Terms is held unenforceable, the remaining provisions of these Terms will remain in full force and effect.

6.4. No failure to exercise, nor any delay in exercising, by Broochy, of any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further exercise thereof or the exercise of any other right or remedy.

6.5. You may not assign these Terms or any of Your rights and obligations hereunder to any third party. Broochy may assign these Terms and any of its rights and obligations hereunder to its affiliate or a third party at any time without notice.

7. APPLICABLE LAW AND DISPUTE RESOLUTION

7.1. These Terms shall be governed by the substantive laws of Finland, excluding its choice of law provisions.

7.2. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or validity thereof, shall be resolved by Finnish courts, with the Helsinki District Court as first instance.

BROOCHY'S PRIVACY POLICY 2016

PERSONAL DATA FILE AND THE CONTROLLER

Name of the Personal Data File: Broochy User Register

Controller: Broochy Oy (Business ID 2733261-1), a company duly incorporated under the laws of Finland and having its principal place of business at Kaisanimenkatu 13 A 00100 HELSINKI, Finland ("Broochy")

Contact email: enquiries@broochy.com

1. GENERAL

1.1. This Privacy Policy is applied to processing of personal data of the users ("User", "Users") of the Broochy marketplace available at www.broochy.com and any applications made available by Broochy in connection thereof ("Service") and processed in context of the Broochy User Register ("User Register"). This Privacy Policy describes the relevant principles and purposes related to processing of personal data in context of the User Register.

1.2. The Service may contain links to websites and services of third parties. These websites or services are subject to their own privacy policies as well as terms and conditions. Broochy does not take any responsibility of third parties' privacy policies, terms and conditions or processing of personal data in such third parties' operations. Broochy recommends paying attention to the then-current privacy policies and terms and conditions applicable to processing of personal data by third parties.

2. CATEGORIES AND SOURCES OF PERSONAL DATA

2.1. Personal data means any information on a private individual and any information on his/her personal characteristics or personal circumstances, where these are identifiable as concerning him/her or the members of his/her family or household. Such personal data processed in context of the Service may include without limitation the name and contact information of the User and data uploaded by the User to the Service as well as other necessary information collected by Broochy to identify the User and enable the use of the Service. Broochy may also collect data on the use of the Service.

2.2. As a rule, the personal data is provided by the User in context of the Service. Broochy stores the data when a User signs up for the Service and uses the Service.

3. THE PURPOSE OF PROCESSING THE PERSONAL DATA

3.1. Processing of personal data in the User Register is primarily based on the User's consent. By signing up for the Service or providing his/her data, the User consents to processing of the User's personal data by Broochy as set out in this Privacy Policy.

3.2. The personal data stored in the User Register may be used to provide and develop the Service, enhance user experience and to communicate with the User. Such communication may include marketing, market research or research polls.

3.3. Broochy may use subcontractors when providing the Service. When necessary and to the extent required to enable the provision of the Service, personal data may be transferred outside of the European Union or European Economic Area. In such occasion Broochy shall comply with the requirements of the applicable law concerning such transfer of personal data.

4. COMMUNICATION OF PERSONAL DATA TO THIRD PARTIES

4.1 As a rule, Broochy does not transfer personal data to third parties. However, to the extent necessary, Users' personal data may be disclosed to third parties such as merchants, payment service providers and intermediaries as well as Broochy's other cooperation partners linked to the Service where this is necessary for the operation of the Service. Personal data may be disclosed when the disclosure is based on an obligation under the applicable law or a need to defend the legitimate interests of Broochy in accordance with the applicable law, or to the extent otherwise permitted by applicable laws. Personal data may also be disclosed to third parties where required due to an acquisition or other corporate transaction. Further, for clarification, Broochy notes that content and material uploaded by the User to the Service may be disclosed to third parties.

5. QUALITY OF DATA

5.1. Where required by the applicable law, Broochy rectifies, erases or supplements possibly erroneous, unnecessary, incomplete or obsolete data processed in the User Register at the request of the data subject concerned. However, a User is responsible for the validity and quality of the personal data he/she provides to Broochy. A User also is responsible for notifying Broochy of any possible changes in the personal data provided by the User. For such purpose, the User is advised to contact Broochy by using the contact information set out above in this Privacy Policy.

6. DATA SECURITY

6.1. The personal data contained in the User Register is protected against unauthorized access, against accidental or unlawful destruction, manipulation, disclosure and transfer and against other unlawful processing by reasonable technical and organisational measures.

7. COOKIES

7.1. Cookies are files which are received and transmitted by a User's device when the User is using the Service. Broochy may use cookies and similar techniques to provide the Service, to improve its quality and to enhance the user experience. By using the Service and consenting to the use of cookies in his/her browser settings User consents to the use of cookies by Broochy. The User may prohibit the use of cookies by changing the browser settings. This may, however, affect the user experience of the Service.

8. USER RIGHTS

8.1. A User has the right to prohibit Broochy to process personal data stored in the User Register for the purposes of direct advertising, other direct marketing, market research and opinion polls. Broochy advises the User to notify Broochy by using the contact information set out above in this Privacy Policy of such prohibition.

8.2. Further, after having supplied sufficient search criteria a User has the right to access the data on him/her stored in the User Register, if any, and to obtain, upon request, a copy of such data. Such request shall be made in a personally signed document which can be addressed to Broochy by using the contact information provided in this Privacy Policy.

9. CHANGES TO THE PRIVACY POLICY

9.1. Broochy may update and amend this Privacy Policy and the related information. Broochy recommends that the User regularly accesses the Privacy Policy to obtain knowledge of any possible changes to it. Broochy shall use its reasonable efforts to inform the User of such amendments by posting the changed information and documents at Broochy's website at www.broochy.com and/or by using its reasonable efforts to inform of the change via email, in the Service or otherwise.

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