Our General Terms & Conditions and Data Processing Policy
Terms & Conditions
- Linknow's Platform The software as a service platform is described on the Linknow's website. (https://linknow.io).
- General Terms These General Terms and Conditions governing the use of Linknow's Platform by the User.
- User The entity registered on the Linknow's Platform that enters into a subscription agreement with Linknow to Linknow's Platform.
- Annexes Any and all documents referred to in the General Terms.
- Related Services The services set forth in Article 5.
The General Terms are applicable to all use by User of Linknow's Platform and to the Related Services offered by Linknow. The User’s terms and/or those of a third party do not apply. Linknow may from time to time change the General Terms or its Annexes. The User has thirty days to protest such changes, after which period the new terms are deemed to have been accepted by the User. If the User does not accept the new terms, Linknow reserves the right not to extend or renew any subscriptions and/or Related Services.
The User may from time to time order subscriptions and/or Related Services from Linknow. All orders must be placed via the User’s account in the Linknow's Platform. Only the offers on the Linknow's Platform will be treated by Linknow as regular and binding offers. For such subscriptions and/or Related Services, the applicable fees will be those effective as of the time the order is placed. All prices quoted are net and exclude VAT. Any other offer, as well as all information, drafts, presentations, calculations and/or enclosures issued by Linknow are to be taken as information only and in no event are they binding to Linknow.
Upon payment of applicable fees, Linknow assigns to the user a non-transferable and non-exclusive subscription to use Linknow's service that the user has chosen. According to the subscription, such use is exclusively online, for the sole and exclusive benefit of the user, and in accordance with the intended use of the service chosen by the user on the Linknow's platform.
User acknowledges that Linknow's Platform and services is constantly being improved by Linknow. The User will only have access to the latest released version of Linknows Platform and services. Each new version or update will replace modified version the original or previous version thereof, and henceforth be subject to all rights and obligations as mentioned in the General Terms. During the updates, Linknow's Platform and is services may temporarily not be available to the User.
Acquired subscriptions are effective for the period indicated on the Linknow's Platform User Page. Unless one of the Parties terminates the subscription as set forth below, the subscription will be extended for the same period at the same subscription conditions.
The User may terminate the subscription via the User page in Linknow's Platform. Subscriptions that have started cannot be terminated or cancelled until the next subscription period. No payments will be refunded.
Linknow may terminate the subscriptions by giving a two week’s notice to the User via the email address that is indicated as contact address on the User page in Linknow's Platform.
Linknow will automatically charge the credit card of the User for the payments of subscription extensions and the User gives express permission to Linknow to do so. In case the payment information is no longer correct, in case the payment facilitator refuses the payment for any reason or in case the payment facilitator executes a refund for any reason, the User will receive a notice to correct his payment details within one-week time. If Linknow wasn’t able to process the payment during this week, the subscription will be automatically cancelled by law and without further notice.
4) Set-up and synchronization
Linknow's Platform is a self-service platform. The User needs to set-up the service himself by correctly configuring the service selected by the user. The User can buy additional professional assistance if needed.
Linknow's Platform will automatically perform the synchronization according to the subscription specifications and the preferences and configurations set by the User.
The User may order subscriptions with different services by ordering and paying for it via the Linknow Platform. The User is responsible for its choice of subscriptions and the configuration of the services. The User acknowledges that synchronization malfunctions may arise if the Synchronization Details don’t match his needs. The User acknowledges that by not extending his subscriptions or by refusing to pay, he takes responsibility for any and all synchronization issues and loss of data as a result thereof.
The User will take into account the synchronization frequencies, the amount of data, processes.
5) Scope and limitation of the Related Services
Linknow provides the User with a software platform that enables the User to synchronize data and to perform operations as set forth on the Linknow's Platform.
The Related Services provided by Linknow are strictly limited to all reasonable measures to ensure the working and availability of Linknow Platform as set forth on the Linknow Platform.
The User is free within the limited scope of its subscriptions rights to use and operate Linknow's Platform according to its intended purpose. As a result, the User bears the sole and full responsibility for the content that he processes with the use of Linknow's Platform.
6) User’s obligations and liability
User accepts complete and unconditional responsibility for any and all operations performed under his accounts. User is responsible for the confidentiality of his accounts, usernames and passwords, for the access to his computer system and for the acts and negligence of any party making use of an account of the User. User will not allow access to Linknow's Platform to anyone that is not an employee or trusted contractor of User.
In case User finds or suspects any misuse of his account information, User will immediately change his passwords or contact Linknow on email@example.com to temporarily block his accounts.
The User will only process data he has the right to process. The User will comply with (i) all international, national, state and local laws and regulations, (ii) all internet regulations, policies and procedures and (iii) the subscription conditions of the applications synchronized by Linknow's Platform.
The User agrees to never use Linknow's Platform for illegal purposes or conduct that is otherwise objectionable. The User may not process any content that (i) is unlawful, harassing, libelous, abusive, threatening, or harmful of any kind or nature or otherwise objectionable; (ii) he does not have the right to process under any law or under contractual or fiduciary relationships; (iii) infringes any rights of a third party, such as but not limited to patent, trademark, trade secret and copyright rights.
The User will not use nor display any means, software or routines that might harm other parties or the good functioning of Linknow's Platform, or disproportionately burden the Linknow's Platform system.
The User accepts the full responsibility for his accounts and agrees to defend, indemnify and hold harmless Linknow, its shareholders, directors, officers, employees, agents, distributors, attorneys, parent companies, subsidiaries and affiliates, harmless from and against any and all claims, liabilities, judgments, penalties, taxes, costs and expenses (incl. reasonable attorney fees and costs) arising out of or related to User’s breach of the General Terms or the Annexes.
7) Security and data protection
Linknow warrants that the Linknow's Platform service is secure and protected in a professional manner. However, as the Linknow's Platform service is delivered through the internet, Linknow cannot guarantee that Linknow's Platform cannot be hacked, breached or compromised in any manner. In case User finds or suspects any misuse or security breach, User will immediately contact Linknow on firstname.lastname@example.org.
Linknow will not store User data on its servers, that are not strictly necessary for the delivery of the Linknow's Platform service.
The User is entitled to process personal data as defined in the General Data Protection Regulation 2016/679 (the “GDPR”) on the Platform, strictly in compliance with the GDPR and all other relevant legislation. Linknow will act as a processor of the personal data under the terms of the personal Data Processing Agreement. This Data Processing Agreement forms an inherent part to the agreement between Linknow and the User.
Whenever you ”User” interact with our Website or Platform, we automatically receive and record information on our server logs from your browser including your IP address, "cookie" information, and the page you requested. "Cookies" are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when pages in our Website are visited by you. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device's acceptance of cookies, but this may prevent you from taking advantage of some of our Website's features.
When you visit the Website, whether as an Linknow customer ”User” or a non-registered user just browsing, our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). For example, Log Data may include information such as your computer's IP address, browser type or the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, information you search for on our Website, access times and dates, and other statistics. We use this information to monitor and analyze use of the Website and the Services and for the Website's technical administration, to increase our Website's functionality and user-friendliness, and to better tailor it to our visitors' needs.
Linknow acknowledges that all information and/or data that is processed through Linknow's Platform is confidential and represents an important commercial asset of the User. Linknow hereby undertakes to keep this confidential information secret, and in no circumstances and in no way to divulge it and/or to make it known to third parties, and not to use this information to its own benefit without express written permission from the User.
Linknow shall only pass the confidential information and/or data to or make it known to those of its employees and contractors that absolutely must have this information and/or data to provide Linknow's Platform and the related services.
The User undertakes a similar confidentiality obligation with respect to the data that the User receives from Linknow.
9) Third party API’s
The User acknowledges that the Linknow's Platform service depends on the API’s of the synchronized applications. Therefore, Linknow's Platform may not properly function or not be available in case a third party API changes, malfunctions, contains bugs, is restricted or any other issue with a third party API arises (together referred to as “API Issues”).
Linknow will use its best efforts to resolve the API Issues in a professional manner and as soon as possible. The User acknowledges this risk and accepts that Linknow will not compensate User for damages resulting from API Issues.
10) Linknow's Platform
All intellectual property rights in, title to or ownership of Linknow's Platform (such as but not limited to copyright, database rights, trademarks and patents) shall at all times remain with Linknow. This includes the mechanisms and interfaces built by Linknow to link with third party API’s. All manuals, documentation and programs, whether available in hard copy or accessible by remote inquiry shall remain confidential and the property of Linknow. User shall not use, print, copy, modify, translate or alter Linknow's Platform in whole or in part.
The Linknow and Linknow's Platform logo’s and names are protected trademarks of Linknow. The User is not entitled to use, copy, remove or hide these signs without express written approval of Linknow.
The User is not allowed to grant any underlying subscriptions or other right with respect to Linknow's Platform.
11) Limitation of liability
Linknow will provide all reasonable efforts to ensure the proper functioning of Linknow's Platform as set forth in the Linknow's Platform.
Linknow represents that Linknow's Platform is developed in a professional manner and is consistent with generally accepted industry standards. Linknow will continue to improve Linknow's Platform and warrants that Linknow's Platform at all times will comply with such standards. However, Linknow does not warrant that Linknow's Platform is entirely free of small bugs and errors or that Linknow's Platform will function without interruptions.
Linknow provides Linknow's Platform “as is”. Linknow does not warrant that the functions contained in Linknow's Platform will meet the User’s performance requirements or that Linknow's Platform will operate in accordance with the User’s expectations. The User accepts responsibility for the selection of Linknow's Platform, its use and the results to be obtained there from.
Linknow makes no warranty of any kind, express or implied, and the warranty of fitness for a particular purpose is hereby excluded.
Linknow can only be held liable for gross negligence (“serious mistake”) It cannot be held liable when a defect or malfunction of Linknow's Platform is attributable to (i) a software or hardware defect that was not issued by Linknow, or (ii) API Issues, or (iii) the fact that changes or amendments to Linknow's Platform have been made without its permission, or (iv) if the User fails to report immediately any defect together with documentation and information relating to the occurrence of the defect.
The User understands that Linknow's Platform is an online application. Linknow cannot be held liable when a defect or malfunction of Linknow's Platform is attributable to network or communication issues, or to hacking, malware or other forms of misuse.
Linknow will not be liable to the User or third parties for loss of profits or business, loss of data, indirect, consequential or incidental damages, even if Linknow has been advised of the possibility of such losses or damages. For direct damages, if repair in species is not possible, the liability of Linknow toward the User shall never exceed an amount equal to the subscriptions fees paid by the User over the last twelve months. The User shall take all necessary measures that can reasonably be expected to limit its damage.
The User shall indemnify Linknow and hold it harmless against and in respect to any and all claims, damages, losses, costs, expenses, obligations, liabilities, actions, suits, including without limitation, interest and penalties, reasonable attorneys’ fees and costs and all amounts paid in settlement of any claim, action or suit that may be asserted against Linknow or that Linknow shall incur or suffer that arise out of, result from or relate to: (a) the non-fulfillment or breach of any obligation of the General Terms or Annexes; (b) any claim of any nature whatsoever brought by any third party who may suffer damages of any sort as a direct or indirect result of the User’s activities relating to or in connection with the User’s use of Linknow's Platform.
In case Linknow notices an action by User or lack of action by User that might in Linknow's reasonable opinion breach the General Terms or the Annexes, harm directly or indirectly a third party, might otherwise be objectionable or if a third party notifies Linknow of a possible harm, Linknow will contact the User in order to remedy the breach or harm caused as soon as possible and in any event within two weeks.
In extreme cases or in case the User fails to timely remedy his breach or the harm caused, Linknow - at its sole discretion - may immediately and without notice, without intervention of the court (“as of right”), block or remove any content and/or terminate or suspend any User subscription, without any repayment of subscriptions fees or other indemnification of User and with complete indemnification of Linknow.
In case Linknow discontinues its services or blocks the User’s access to Linknow's Platform on the basis of this provision, User will not be entitled to any indemnification from Linknow for the damages suffered as a result thereof. If the User unsuccessfully contests Linknow's decision in court, the User will reimburse Linknow's legal costs and expenses (incl. all attorney fees and costs).
13) Force Majeure
Neither party shall be in default or otherwise liable for any delay in or failure of its performance if such delay or failure arises by any reason beyond its reasonable control, including the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications, or any act or failure to act by the other party or such other party's employees, agents or contractors.
If any of the provisions of this General Terms and Annexes are held to be or rendered void or unenforceable, the User agrees that the same shall not result in the nullity or unenforceability of the remaining provisions, but that the User and Linknow will use their best efforts to replace such provision with a valid and enforceable provision which will achieve, to the extent possible, the economic, business or other purpose for said void or unenforceable provision.
The mere fact that Linknow does not insist upon or enforce strict compliance by the User of any provision of the General Terms or Annexes shall not be construed as a waiver or relinquishment of Linknow's rights pursuant to this condition, unless made in writing.
The rights and remedies afforded to Linknow pursuant the General Terms and Annexes are in addition to and do not in any way limit any other rights or remedies afforded to Linknow by law. All such rights and remedies are cumulative and may be exercised singularly or concurrently.
All notices between Linknow and the User shall be written in English or Swedish and shall be deemed to be given to the User if sent by e-mail to the e-mail address for notices registered via theand Linknow's Platform to Linknow if sent by e-mail to email@example.com
15) Applicable law and venue
Any agreement between User and Linknow with respect of the use of Linknow's Platform and the General Terms and Annexes shall be governed by, interpreted and construed in accordance with the laws of Sweden. Venue for any proceeding brought hereunder shall be with the courts residing in Linköping (Sweden).
16) Support or problem
Linknow provide support to the User from Linknow's Platform. The User can report problems and ask questions via firstname.lastname@example.org.
LINKNOW AB a company registered under the laws of Sweden, with corporate identity number SE5591228118
Data Processing Agreement (DPA)
1.1. The capitalized terms as used herein shall have the meaning as set out in this Article 1 or in the Agreement.
“Agreement”: The Agreement between Linknow and User regarding the use of the Platform.
“DPA”: This Data Processing Agreement which sets out the general rules regarding the conditions according to which Linknow will perform the activities of Processing Personal Data on behalf of the User.
“Processing”, “Processor”, “Data Subject”, “Data Breach”, “Supervisory Authority”: Have the meaning given to that term by the General Data Protection Regulation (EU) 2016/679 (the “GDPR”).
“Services”: The services provided by Linknow to the User as set out in the Agreement.
2. Purpose of the Data Processing
2.1. Parties concluded an Agreement according to which Linknow will perform Services for the User. In the performance of the Services, Linknow shall process certain personal data on behalf of the User (the “Personal Data”). Linknow will only process these Personal Data for the purpose of executing the Services (the “Purpose”).
2.2. The categories of Data Subjects and the types of Personal Data that are the subject matter of this DPA are the contact details of the data subjects that the User decides to sync via the Platform.
3.1. This DPA shall come into force on the same day as the Agreement. It terminates automatically (by law and without notification) at the moment of termination or expiration of the Agreement.
4. Rights and obligations of the User
4.1. User shall be responsible for complying with all its obligations as set out in the GDPR, including ensuring compliance with the principles relating to the Processing of Personal Data as set out in Article 5 of the GDPR.
4.2. User warrants that it has the right to process the Personal Data via the Platform. The User shall indemnify Linknow and hold it harmless against and in respect to any and all claims, damages, losses, fines, costs, expenses, obligations, liabilities, actions, suits, including without limitation, interest and penalties, reasonable attorneys’ fees and costs and all amounts paid in settlement of any claim, action or suit that may be asserted against Linknow or that Linknow shall incur or suffer that arise out of, result from or relate to the non-fulfilment or breach of any obligation of this DPA or the GDPR by User.
5. Rights and obligations of Linknow
5.1. Linknow shall be responsible for complying with the terms of this DPA and the obligations as set out in the GDPR.
5.2. Linknow shall process the Personal Data upon instruction of the User only.
5.3. Linknow shall ensure that the persons in its organisation, authorised to Process Personal Data, have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
5.4. Linknow shall implement appropriate technical and organisational measures to protect the Personal Data against accidental or unlawful destruction, loss, alteration and unauthorized disclosure of or access to the Personal Data. Linknow will take into account the state of the art, the costs of the implementation of the measures, and the nature, scope, context and Purpose as well as the risk of varying likelihood and severity for the rights and freedoms of the Data Subjects.
5.5. Upon the User’s request and taking into account the nature of the Processing, Linknow shall assist the User by taking appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the User’s obligation to respond to requests for exercising the Data Subject’s rights as set out in the applicable data protection legislation. Linknow shall notify User of any requests received from a Data Subject regarding the Processing. User shall be responsible for handling and replying to such requests. Linknow shall be entitled to receive compensation for such assistance as per its hourly rates, or such other rates as agreed between the Parties.
5.6. Upon the User’s request and taking into account the nature of the Processing and the information available to Linknow, Linknow shall provide all reasonable assistance to the User in order to allow the User to comply with its obligations relating to (i) the security of processing, (ii) the notification of a Data Breach to the Supervisory Authority or the Data Subject as further set out in Clause 8, (iii) the carrying out of a data protection impact assessment and the prior notification to the Supervisory Authority. Linknow shall be entitled to receive compensation for such assistance as per its hourly rates, or such other rates as agreed between the Parties.
5.7. Linknow shall make available all information necessary to demonstrate compliance with its obligations as laid down in this DPA and contribute to audits, including inspections conducted by the User or its chosen auditor, in accordance with Article 7.
6.1. User consents in principle to the use of Sub-Processors by Linknow.
6.2. In the event Linknow makes use of a Sub-Processor, Linknow will enter into a data processing agreement with such Sub-Processor. Linknow shall remain fully liable to the User for the performance of the Sub-Processor.
7.1. Upon User’s request, Linknow may demonstrate compliance with its obligations by providing User with the most recent certifications and/or summary audit reports concerning the technical and organisational measures taken. User may ask additional questions and Linknow will reasonably cooperate with User by providing additional information. Linknow may charge User for its cooperation at its usual hourly rates.
7.2. In the event no such certifications and/or summary audit reports are available, the following procedure shall apply. The User shall be entitled to audit or have audited Linknow´s compliance with this DPA. Any such audit may not take place more than once every contractual year. User shall provide Linknow with at least thirty (30) days prior written notice via registered mail of its intention to perform an audit. The notification must include the name of the auditor, a description of the purpose and the scope of the audit. The audit shall take place during the normal business hours as are applicable at the location of Linknow.
7.3. The audit may be conducted by an internal auditor of User or an external auditor selected by User, provided that the external party could not be considered a competitor of Linknow or provided there is no conflict of interest. Linknow shall be entitled to approve the auditor in advance.
7.4. Linknow can limit User’s access to Linknow´s premises to a room provided by Linknow and the auditor will not be allowed to copy or remove any documentation from Linknow without prior validation and agreement of Linknow.
7.5. The User guarantees that the audit is performed in a way that minimizes the inconvenience to Linknow and its business.
7.6. User shall impose sufficient obligations of confidentiality on its auditors. In addition thereto, Linknow has the right to demand that the auditors sign a non-disclosure agreement prior to the start of the audit in a form as set out by Linknow. In all cases, it is essential to protect Linknow´s confidential information.
7.7. User shall, or shall request its external auditors to, send a draft version of the audit report to Linknow. Linknow shall be entitled to present its comments within a timeframe as agreed between Parties. The auditor shall take into account Linknow´s comments and shall include such comments in its final report, which shall be distributed to Linknow.
7.8. All costs of the audit shall be borne exclusively by the User.
8. Data breach notifications
8.1. In the event of a Data Breach, Linknow shall notify User without undue delay after becoming aware of a Data Breach.
8.2. The notification shall include, to the extent such information is readily available to Linknow:
- (a) the nature of the Data Breach including, where possible, the categories and approximate numbers of Data Subjects and Personal Data records concerned;
- (b) the name and contact details of the data protection officer or other contact point where more information can be obtained;
- (c) the likely consequences of the Data Breach;
- (d) the measures taken or proposed to be taken to address the Data Breach, including, where appropriate, measures to mitigate its possible adverse effects.
To the extent the preparation of the notification places undue burdens upon Linknow, Linknow shall be entitled to invoice User for its assistance as per its hourly rates or such rates as agreed between Parties.
9. Termination and consequences
9.1. This DPA shall end automatically (by law and without notification) upon the later of (i) termination or expiration of the Agreement; or (ii) date of last processing activity.
9.2. Upon termination of this DPA, Linknow shall cease its Processing activities. In the event of partial termination of the Agreement, Processing shall cease for such activities as are affected by the partial termination at the moment of partial termination or another moment as agreed between Parties.
9.3. Linknow shall at the choice of the User, delete or return all Personal Data related to the terminated Services (in so far as these Personal Data are not needed for non-terminated Services in case of partial termination) and delete existing copies in so far technically possible. Linknow may retain copies in case storage of Personal Data is required for legal or regulatory reasons.
10.1. Linknow can solely be held liable for attributable breach of this DPA, or the provisions directly applicable to it by virtue of the applicable Data Protection Legislation, in so far as User has complied with its own obligations as set out in this DPA, the GDPR and other applicable data protection legislation.
10.2. In the event Linknow and User are held jointly liable by the Data Subject, User shall compensate the Data Subject in full. User shall be entitled to compensation by Linknow in so far there is an attributable and proven breach of Linknow of the DPA or provisions of the GDPR specifically directed to Linknow, in so far (i) User has complied with its own obligations as set out in this DPA, GDPR and other the applicable data protection legislation and (ii) in proportion to the ratio of the impact of the proven fault of Linknow. Such compensation shall be subject to the limitations of liability as provided for in the Agreement (Service Subscription fee), a period of (12) months before the damage occurred.
11. Governing law and disputes
11.1. This Data Processing Agreement is governed by Swedish law.
11.2. Any dispute arising out of or in connection with this Data Processing Agreement shall be governed by, interpreted and construed in accordance with the laws of Sweden without regard to conflicts of law rules that may result in the application of the laws of any jurisdiction other than Sweden. Venue for any proceeding brought hereunder shall be with the courts residing in Linköping (Sweden).
12.1 If any provision of this DPA is held to be invalid or unenforceable in whole or in part, it shall (to the extent that it is invalid or unenforceable) be deemed to be severable and the validity of the other provisions of this Agreement and the remainder of the provisions in question shall not be affected. If the severed provision is fundamental to the achievement of the purpose of this Agreement, the Parties will negotiate in good faith to remedy the invalidity, illegality or unenforceability of the provision or otherwise amend this DPA to give effect to its purpose.
12.1. This DPA may only be modified by a written amendment, signed by the authorized representatives of both Parties.