1. The Services
The Services means the at all times current version of the web services, associated software, and other services related thereto provided to the Customer by Jangleheart Circus in accordance with the Main Agreement. The Services are offered as a Software as a Service with the characteristics and features as described at www.jangleheartcircus.com. In addition, the Services may include additional services and add-ons, including professional services, third party software and services, as agreed between the Customer and Jangleheart Circus. If third party services are ordered through the Services, Customer may be obliged to accept such third party terms and conditions in order to get access to such services.
Agreed professional services will be defined in the Order Form.
Jangleheart Circus is constantly working to develop and improve the Services. Jangleheart Circus reserves the right to implement new versions, upgrades and packaging of the Services including, but not limited to, changes that effect modifications to the design, operational method, technical specifications, systems, and other functions, etc. of the Services, at any time without prior notice. Customer will be informed in advance should Jangleheart Circus assess the changes to be of essential importance for Customer.
2. Access to the Services, Passwords etc
Jangleheart Circus safeguards the Services and it is important that they can be used securely and safely.
The Customer shall ensure that user identities and passwords for accessing the Services are stored and used in a secure manner and cannot be accessed and thereby used by unauthorised third parties. The Customer shall be liable for any unauthorised use of the customer’s user identities to access the Services.
Where it is suspected that any unauthorised person has become aware of a user identity and/or password, the Customer shall immediately inform Jangleheart Circus thereof and also change such user identity and/or password.
Jangleheart Circus reserves the right to close Customer’s access to the Services at any time if Jangleheart Circus considers that Customer is in breach of the Main Agreement or that there is a security risk at hand.
3. Use of the Services
The Services may be used by Customers being legal entities and organisations, and by consumers, and in accordance with the Main Agreement and security and administrative instructions sent to Customer from time to time, such as information via the Services, direct messages to Customer or via www.jangleheartcircus.com. The Customer shall be responsible for the activities conducted by the Customer (its employees, consultants, directors, agent or any other authorised by Customer) within the Services and shall use the Services in compliance with all applicable laws in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the Customer shall be the sole responsibility of the Customer.
Customer shall use the Services solely for its internal business purposes and shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) knowingly send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, allow a “bot” or other not approved automated process to interact with the Services; (iv) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (v) attempt to gain unauthorized access to the Services or its related systems or networks. Customer shall not (i) modify, copy or create derivative works based on the Services or (ii) disassemble, reverse engineer, or decompile the Services.
4. Customer Content
It is of outmost importance that the rights of others are respected in the use of the Services. All Content uploaded to, transferred through, published, processed or entered into the Services by the Customer shall be the sole responsibility of the Customer. This shall also in all aspects be applicable for Content produced by Jangleheart Circus as part of agreed provided professional services to Customer. The Customer shall be responsible for monitoring its Content and shall be liable vis-à-vis Jangleheart Circus for ensuring that Content published by the Customer does not infringe any third party rights nor in any other manner violates the Main Agreement, Jangleheart Circus’s instructions and applicable law, and that the Content otherwise is appropriate. The Customer must therefore analyse and critically assess its obligations before publishing Content via the Services.
Among other things, this means that Customer must ensure that it does not, through Customer’s Content:
- – breach the Terms of Service of Twitter, Facebook , Instagram , Linkedin and any other third party service that Customer accesses through use of the Services;
- – commit a criminal act;
- – slander, defame, persecute, discriminate against (with regard to e.g. race, skin colour, nationality or ethnic origin, religious belief or sexual orientation, disability or illness), threaten or in any other way violate or attack another person or his or her rights;
- – distribute material that is inappropriate, vulgar, offensive, dishonest, unsuitable, racist, pornographic or sexist;
- – send, or allow to be sent, unordered advertising such as spam or otherwise use the Services to transfer or publish Content that mainly consists of concrete commercial offers, e.g. advertisements, click through offers and price lists or similar;
- – copy, sell, disseminate, publish or use Jangleheart Circus’s or any of Jangleheart Circus’s other customer’s or users’ Content or other material (if you have not obtained express consent for this);
- – claim to be anyone else or in any other way give a false description of Customer’s connection with another person or organisation;
- – make available such material that Customer does not have the right to publish according to law or because of an agreement or obligation of loyalty (such as trade secrets, insider information or confidential information);
- – breach any applicable data protection legislation; or
- – infringe, assist in infringing, or enable others to infringe, any patent, trademark, trade secret, copyright, neighbouring rights, registered or unregistered design protection or other intellectual property rights.
Customer must also ensure that it has adequate rights to publish the Content via the Services, and by publishing the Content Customer guarantees to have such rights. Customer is obliged to:
- – have received all necessary consents from relevant third parties, or ensure that there is another legal ground for the processing, so that the processing, including publishing of Content via the Services does not infringe anyone else’s rights;
- – ensure that there is a legal ground for the publishing from all persons who are visible in images or in films uploaded, to the extent required by law;
Jangleheart Circus may at its sole discretion, at any time and without prior notice thereof to Customer, delete, partially or in whole, published Content if Jangleheart Circus assess it to be in breach of the Main Agreement. Jangleheart Circus shall inform Customer about the deletion and the reason for it.
1. Which personal data do we process?
The categories of personal data we process are the following:
- Name and contact details such as your email address, telephone number, location, professional title, and information regarding the company you represent as well as any agreements you have entered into with us on your or your company’s behalf;
- – Account details, including username/userID, password in encrypted form, information regarding unique identifiers such as API tokens, profile picture, bio, and information relating to other social media profiles (such as Facebook, Twitter, LinkedIn, Skype or Google accounts) you have linked to your user account;
- – Personal and professional preferences, including interests, subscriptions and language settings;
- – Browser information, e.g. type and version of browser, any website from which you have been referred, which time zone you visit us from; pages you visit on our website; your IP-address and a rough location estimate based on your IP-address; information about your web activity or your interaction in emails we send to you; information on your use of our services.
2. How we collect your personal data
3. How we share your personal data
The personal data that we collect is shared with other companies in the Jangleheart Circus group as well as with our third party suppliers and other third parties listed below, for the provision of our services, including for our developing and maintenance of the platform. This may involve coordination of your personal data with other registers.
These are the types of third parties with whom we share your personal data:
- – Service providers: We use third party service providers to manage some aspects of our business operations. We share personal data with such third parties with regard to IT infrastructure, operating and hosting services, marketing research and communications, financial and payment services, customer services and IT services such as IT support, maintenance and development.
- – Partners: If you use services that are provided by our partners and which are integrated with our services our partners gain access to your personal data. The personal data collected by our partners is covered by their own conditions and policies for processing of personal data.
- – Sale or transfer of business or assets: Your personal data may, to the extent allowed and in accordance with applicable data protection law, be transferred or disclosed to a purchaser or prospective purchaser in the event of a sale, assignment, or other transfer of all or a portion of our business or assets.
- – Persons in your network and the general public: If you choose to publish your personal data when using our services, such as in connection with uploading content, responding to tweets or posts, or making an entry in the comments fields of others, you make this information visible to the general public. If your email address is used to send news bulletins or to publish on Social Media accounts it will become visible to the recipients of the bulletins.
- – For security reasons: We may share your personal data when this is required by law, to protect you or our customers or for the security of our services.
4. For how long do we store your personal data?
We will only store your personal data for as long as necessary for the purposes they were collected and to fulfill our legal duties to store data otherwise, but no longer than permitted by applicable law.
We have routines in place to remove personal data that is no longer necessary or allowed to store, including removing personal data related to deleted accounts at least once a year.
We have taken a number of security measures to ensure that the personal data we keep is secure. For example, access to areas where personal data is stored is limited to our employees and service providers who require it in the course of their duties and who are informed of the importance of maintaining the security and confidentiality of the personal data we keep. We maintain appropriate safeguards and security standards to protect your personal data against unauthorized access, disclosure or misuse. We also monitor our systems to discover vulnerabilities in order to protect your personal data.
2. Right of access and rectification
You have the right to information regarding which of your personal data we process and to access and rectify such personal data. You may access and amend some of the information we keep on you through your account settings. To learn more about the information we store about you, please do not hesitate to email [email protected] and specify which information you request access to or information regarding.
3. Right to erasure
You may request that we erase your personal data without undue delay in the following circumstances:
- – the personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- – you withdraw your consent on which the processing is based (if applicable) and there is no other legal ground for the processing;
- – you object to our processing of personal data and we do not have any overriding legitimate grounds for the processing;
- – the processed personal data is unlawfully processed; or
- – the processed personal data has to be erased for compliance with legal obligations.
We may deny your request if we are prevented from erasing your personal data by requirements set out in applicable laws and regulations (e.g. in relation to accounting and tax legislation) or if they are needed for the establishment, exercise or defence of legal claims. If we cannot meet your request, we will instead restrict the personal data so they cannot be used for another purpose than the purpose preventing the erasure.
– the personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed;
– you withdraw your consent on which the processing is based (if applicable) and there is no other legal ground for the processing;
– you object to our processing of personal data and we do not have any overriding legitimate grounds for the processing;
– the processed personal data is unlawfully processed; or
– the processed personal data has to be erased for compliance with legal obligations.