Gravity Nordic | Legal stuff
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Legal stuff

In this section, we explain what data we collect from users and site visitors across all our digital services. To summarise the boring, but the important legal information below, we pretty much collect transactional and technical data with cookies.

 

Within our authenticated environments like customer portal’s and Framme, we also store personal data such as names, email addresses, personal account preferences and previous orders and quotes. If you have any questions regarding our privacy policies, please don’t hesitate to contact us via email at privacy@gravitynordic.com.

 

 

Gravity Nordic’s and Framme’s Privacy Policy

Gravity Nordic (Framme, GVT-Group Oy and Gravity Nordic Ab) respects the privacy of our clients and users of the services and seeks to offer them secure and stable user experience.

 

This privacy policy informs you about the ways in which we collect, use, secure, maintain your personal data that is collected from our websites, in marketing contact with you or when you are using Gravity Nordic’s services. We wish to remind you that this privacy policy does not apply to any links to third parties’ websites and/or services, such as third-party applications or partners’ websites that you may encounter when using the services (such as Google, Apple and Microsoft).

 

Processing the data enables us to improve the experience and create extra value for users of the services.

 

By using the services, you have consented to and confirmed our privacy policy and agree to the collection, processing and disclosure of personal data as descripted in this privacy policy. If you do not agree with the terms and conditions of this privacy policy, please discontinue using the services.

 

Processing of personal data complies with the Finnish data privacy and data protection laws at given time and we process the data to the extent permitted by law based on and in accordance with a customer relationship or your consent.

 

The information we collect is used to improve the content of our website and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except to provide services you have requested when we have your permission, or under the following circumstances:

 

  1. It is necessary to share information to investigate, prevent, or take actions regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person;
  2. violations of terms and conditions applicable to the assignments or terms of use; or
  3. as otherwise required by law.

 

If you have any questions or concerns and wish to contact us, please send us an email to privacy@gravitynordic.com. We make a good faith effort to respond to all legitimate requests for information when appropriate. We update, correct and amend or delete your personal data.

 

Gravity Nordic may also collect and process certain data that is technically generated in the context of accessing or using the services (this includes without limitation IP addresses, operating system, access times, browser types, languages, as well as actions taken in the context of the services, cookies). A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a web site’s computers and stored on your computer’s hard drive. Cookies may be required to use Gravity Nordic’s services. We process this type of information also to monitor and examine the use of the services as well as to develop and improve the services.

 

The data we may collect is defined in the description of the file, that we collect from yourself volunteer e.g. when you register to use the services or subscribe to our newsletter/blog post. 

 

We reserve the right to revise this policy or any part of it from time to time. We will post a prominent notice on our website to notify you of any significant changes to our privacy policy.

 

We may transfer information about you if Gravity Nordic is acquired by pursuant to the change of control or merged with another company. In this event, Gravity Nordic will notify you before information about you is transferred and becomes subject to another privacy policy.

Framme’s General Terms of Use

These license and service terms (“General Terms of Use”) will apply to the use of Framme and technical services provided by GVT-Group Oy to its clients. GVT-Group Oy also operates under its brand names, trademarks and commercial sign Gravity, Gravity Nordic and Framme (hereinafter “Framme”).

 

Framme may also make available to its clients certain value-added services (“Additional Services”), which may be provided by Framme or by its strategic partners to the clients. In the event the Additional Services are subject to separate fee(s).

 

These terms and conditions shall govern also any Additional Services that relate to the use of the Framme.

 

The Parties may also execute a partnership agreement for the strategic collaboration that relates to creative design, prototyping, sourcing, manufacturing, distribution of the materials and products. This agreement entitles the Clients to use Framme as a quotation channel for tangible products, related packaging (such as product labels) and creative services that are created under the partnership agreement and/or with third parties.

 


All the details that relate to the Quotation(s) of the products, services and shipment details are defined in each Quotation made under this Agreement.

 

Definitions

“Affiliate” means any person, organisations or other legal entity which controls, or is controlled by, or is under common control with Framme or the Customer.

 

“Confidential Information” means trade secrets, technical data, process, technique, algorithm, program, design, drawing, strategy, business plan or financial data and shall include, but is not limited to discoveries, ideas, concepts, know-how, techniques, designs, specifications, drawings, blueprints, diagram, models, data, computer programs, marketing plans, customer names and intellectual property, that is marked as confidential or which should be understood to be confidential by its nature.

 

“Customer” means the legal person that is party to this Agreement by execution.

 

“Customer Data” means the data that Framme and its strategic partners possesses for on behalf of the Customer for providing the services.

 

“Customer Credentials” are the username and the password chosen by the Customer or other credentials granted to the Customer by Framme.

 

“Customer Materials” means designs, fonts, typography, symbols, lay-out, logos and other designs, products, prototypes, collaterals and other material of the Customer.

 

“Data Controller” means the entity that determines the purposes and means of the processing of data.

 

“Data Processor” means any entity that processes the Personal Data on behalf of the Data Controller.

 

“Data Protection Laws” means the data protection and privacy laws and regulation applicable to processing of personal data under the agreement, including when applicable to EU Data Protection Laws.

 

“EU data Protection Laws” means i) prior to May 25, 2018, Directive 95/46/EC of the European Parliament and of the Council of protection of individuals with regard to processing of Personal Data and free movement of such data(“Directive”)and on after May 25, 2018 Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to processing of Personal Data and free movement of such data (“GPDR”), as may be amended, superseded or replaced.

 

“Personal Data” means any Customer Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under applicable Data Protection Law.

 

“Force Majeure” means causes beyond the reasonable control of the affected party and without fault of such party including (fires, earthquake, floods, embargoes, wars, acts of war, riots, strikes, lockouts, acts of God or acts, omissions, or delays in acting by any governmental authority).

 

“Intellectual Property Rights” means any of the following rights existing in any part of the world; all patents, utility models, rights to inventions, copyright and neighboring rights and related rights, rights in designs, trade and service marks, domain names, database rights, and all other intellectual property rights in each case whether registered or unregistered.

 

“Programs” means the software programs, modules, tools, and other software products, and program documentation, which are subject to this Agreement. The programs are used in the management of the Customer specific projects in the variety of marketing campaigns, management of the collateral and other marketing material management, orders, logistics as set forth in this Agreement.  The specification of the Programs is attached to this Agreement as Appendix A, Programs specifications.

 

“Portal” means the Framme technical platform that is owned and operated by Framme and used by the Customer for the management of the Customer Materials and their delivery.

 

“Technical Support Services” means any standard technical support (which is defined in the pricing list for each service package) and maintenance of the Programs and the use of the Portal.

 

Rights granted, ownership and restrictions

Subject to Customer compliance with this Agreement, Framme gives Customer the right to use the Programs and receive Technical Services for Customers internal business operations. Customer may permit its agents and contractors to solely use the Portal and Services to provide services to the Customer and its Affiliates, provided that the Customer is responsible for their compliance with this Agreement.

 

Framme grands you a non-exclusive, non-assignable, royalty free license for the Programs provided under this agreement to Customers internal business operations.

 

Framme retain all ownership and Intellectual Property Rights to the Programs and anything delivered as Technical Services.

 

The Customer may not modify any Program marking or Framme’s proprietary rights, cause or permit reverse engineering, disassembly or recompilation of the Programs.

 

Customer retain all ownership and Intellectual Property Rights to the Customer Materials.

 

Use of the service

Framme has created [Portal] which is used on a hosted software-as-a-service (SaaS) basis in the management of the specific materials for jointly developed designs and products development projects as well as other Customer Materials. The Portal is used in the management of quotations.

 

Framme may disclose this account information to its technological partners provided however that all such personal information is treated as confidential information and in accordance with Section 7, Personal Data, Privacy and Data Protection and Section 11. Confidentiality below.

 

An account shall be created to the Customer for executing quotations including but not limited to additional orders for the production of Customer Materials. Upon request Framme shall delete all the personal and quotation information from Portal and databases.

 

Framme may request identification information and proof of the Customer’s identification.

 

When giving the information, the Customer guarantees that the information is complete, up to date, accurate and truthful.

 

The Customer shall keep the Customer’s Credentials secret and shall not disclose them to unauthorised third parties.

 

Framme shall have the right, without prior notice, to lock a Customer’s Credentials and thus prevent the Customer’s access to its account if there is a reason to suspect an unauthorised use for example if the Customer:

  • has not kept Customer’s Credentials secret;
  • has shared with a third party the Customer’s Credentials in breach of these terms of service, or
  • the customer has neglected the obligation, without undue delay, to inform about a loss of or an unauthorised party having a possession of or other unauthorised use of the Customer’s Credentials.

 

Warranties , exclusive remedy and disclaimers

Framme on behalf of itself and its third-party service providers does not guarantee that the Programs will perform error-free, uninterrupted or would fit for the intended purpose of the Customer. Framme is warrants that the Programs will perform in all material respect as defined in the documentation for the use of the Programs.

 

The Portal and service is provided “AS IS” and “AS AVAILABLE”

 

Technical Services and consultancy services are provided in a professional manner consistent with industry standards.

 

For any breach of the above warranties, Framme’s entire liability and Customer exclusive remedy shall be

  • correct the Program by using commercially reasonable efforts or;
  • rectify the error or unavailability of the Technical Service or consultancy service;
  • in the event that Framme cannot correct the Programs, or the Technical Services the Customer may recover the Monthly Fee.

Customer represent and warrant that it owns all right, title and interest in the Customer Materials and Quotations and other content that it has uploaded to the Portal. Customer agrees not to upload such content that may be in violation of third party’s copyright, trademarks, trade secrets or any other Intellectual Property Rights.

 

Indemnification

If third party makes a claim against Customer (for the use of the Portal or the Services provided) or Framme (on the basis of Customer Materials), that any information, design, specification, documentation, software, data, or material in the Programs or the Service or Customer Materials infringes its intellectual property rights, the party will indemnify the other Party against the claim provided that the other party;

  • promptly notifies the other party in writing, not less than 14 days after the claim
  • gives the other party the information, assistance needed to defend against and settle the claim
  • gives such party the sole control of the defense.

 

Framme may choose either to modify or replace the Programs, Service, materials and Customer Materials to be non-infringing or to obtain a license for the continued use or may terminate the Agreement.  

 

Limitation of liability

Neither party shall be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits, revenue, data or data use.

 

Without prejudice to any of the provisions of this Agreement and to the extent permitted by the applicable neither Party, makes no representation or warranties of any kind, express or implied, with respect to the Programs including but not limited to product liability, fitness for a particular purpose, merchantability or that the use of the Programs will not infringe any patent, copyright, trademark, or other rights of any third party.

 

In no event shall party be liable for any indirect, consequential, incidental, indirect, special, punitive or exemplary damages (including loss of revenue, profits, loss of business or goodwill whether based on breach of contract, breach of warranty or tort, including negligence) suffered or incurred whether based upon claim or action of contract, warranty, negligence or tort or otherwise arising out of this Agreement.

 

Neither party is not liable for any damages caused by events of Force Majeure.

 

Personal data, privacy and data protection

Framme is the Data Controller of the Personal Data, and agrees that it will comply with its obligations as Data Controller under Data Protection Laws in respect of its processing of Personal Data and any processing instructions it issues to Framme.

 

Framme shall only process the personal data as Data Processor for the purposes of supplying the Portal, Technical Services and consultancy services in accordance with good industry practices, Customers written instructions and applicable data protection laws.

 

Framme has the right to share customer’s data to the third-party service providers who provide certain parts of Portal business operations, including payment processing, fraud prevention, validation of user credentials, secure data storage and other similar services.

 

Framme shall adopt, maintain and enforce appropriate security policies as well as safeguarding arrangements for the lawful protection of personal data, communications and systems.

 

Term and termination of the agreement

This Agreement shall become effective on the signature date of the Subscription Order date and shall remain in force unless terminated by a written notice.

 

The Customer has the right to terminate this Agreement at any time by one (1) month written notice to Framme.

 

Notwithstanding the termination, the Customer will remain responsible for payment transactions that have been made from the account before Framme received the termination notice.

 

Framme has the right to terminate this Agreement for convenience at any time by giving two (2) months’ written notice to the Customer.

 

Framme has the right to terminate this Agreement with immediate effect if,

-the Customer commits material breach of this Agreement, any supplementary terms, or any applicable law, which is incapable of remedy;

 

– the Customer commits material breach of this Agreement or which is capable to remedy, but the Customer fails to remedy that breach in 30 days of the notice;

 

-the Customer files bankruptcy, reorganisation, suspension of payment or commissions any other act of insolvency;

 

– the Customer fails to pay any charges or is otherwise in breach of the applicable law, these terms of service, supplemental terms and conditions, or any applicable policies specified herein.

 

Termination of the agreement and Amendments

The Customer have the right to terminate the service and this Agreement with immediate effect by promptly notifying the other party in writing.

 

Framme may amend these license and terms of service, any supplemental terms, Privacy Policy at any time. The amendments enter into force on the date set out in the notice.

 

If the Customer objects to the amendments, the Customer have the right to terminate the service and this Agreement with immediate effect.

 

No other amendment or modification of this Agreement will be valid unless approved in writing by each of the Parties.

 

Confidentiality

Each Party agrees to keep in confidence Confidential Information received from the other party such as Quotation or Customer Material information, and not to disclose it to any third party and may only use it for the purposes of this Agreement.

 

Framme and its strategic partners shall treat Confidential Information with the same degree of care and confidentiality it maintains or protect its own confidential information, but in any event, not less than a reasonable degree of care.

 

Notwithstanding the foregoing the parties may disclose the Confidential Information:

 

– to those who need to know such information as necessary for the exercise of its rights and/or performance of its obligations hereunder, provided that such recipients are legally bound by non-disclosure agreements;

 

– to its professional advisors, consultants and service provider;

 

– to any potential third-party investor, including any government, public foundation and/or private foundation in connection with seeking potential funding;

 

– to extend required to be disclosed under any law, rule, regulation, court, or order of any competent authority, provided that such party shall promptly notice the other party thereof in order to enable Framme to seek an appropriate protective or other reliable assurance.

 

Neither Party shall issue any press release or other public release regarding the collaboration without prior written approval of the other Party. Framme shall be entitled to reference Customer on its portfolio of clients in its website.

 

The confidentiality obligation shall, however, not apply to material or information; a) which is generally available or otherwise public; b) received from a third party without any obligation of confidentiality; c) independently developed by the receiving Party and d) which the receiving Party is required to provide due to law or regulation by the authorities.

 

The rights and responsibilities under this Section 11, Confidentiality will survive the termination and expiration and cancellation of this Agreement.

 

Governing law and dispute resolution

These license and service terms are governed by the laws of Finland (excluding its choice of law provisions). Any dispute, controversy or claim arising out or relating to this Agreement, or the breach, termination or validity thereof, shall be finally resolved in the District Court of Helsinki.