Terms and Conditions
INTERNALDESK BY CHALLENGERA
The Site and the Services (internalDesk), as defined below, are provided to you by Challengera AB, a company registered in Sweden with registration no. 556900-1125.
These terms are between Challengera and you, when using the Site and Services.
Please read these terms and conditions (“carefully before creating an account or participating in activities or otherwise using internalDesk’s services (the “Services”) at the website www.internaldesk.com, including related smartphone applications (jointly referred to as the “Site”). By creating an account at the Site and by using the Services, you agree to strictly adhere to the T&Cs.
Challengera has the right to revise and amend the T&Cs from time to time. In the event of any changes to the T&Cs, Challengera will notify you by e-mail. By continuing to use the Services after such notification period, you agree to be bound by the revised or amended T&Cs. If you don’t agree to the changes to the T&Cs, you must stop using the Services.
- Acceptance of the T&Cs. By using the Services, you confirm having read, understood and accepted the T&Cs. You further undertake to carefully read any and all future revisions of or amendments to the T&Cs and not to use the Services unless you have read, understood and accepted such revised or amended T&Cs. If you do not accept the T&Cs, you may not use the Services.
- Account and personal data. In order to use the Services, you need an account on the Site. The account is created on your behalf once you have accepted the T&Cs. You acknowledge that all personal data provided by you or your employer to the Site is true and correct and that, when necessary, you will update your personal data on the Site, so that it at all times remains true and correct.
- Responsibility for log-in information. You are solely responsible for maintaining the confidentiality of your log-in information and Challengera shall have no responsibility for any unauthorized use of Customers’ or its employees’ accounts and the Site in general.
- Challengera’s provision of the Services. Challengera may at its own discretion and at any time alter, modify, correct, amend and make all other changes to the Site and the Services.
- Your use of the Services. You agree to use the Services only via your own account for the Site. You undertake not to use the Site and the Services for other purposes than for the purposes which Challengera has indicated that the Site and the Services are intended for. You agree to use the Service with decency with regard to ethics and moral.
You agree to abide by all applicable laws and regulations when using the Site and the Services, for examples privacy laws protecting the personal integrity of individuals e.g. in connection with the publishing of photographs. You ensure that the information, text and other content, provided by you on the Site and while using the Services is true and correct and that it is neither infringing, fraudulent, defamatory, libelous, inciting to hatred, violence nor comprises other unlawful behavior, harassing, threatening, assaulting, racist, sexist, pornographic, invasive of other people’s privacy or otherwise is deemed inappropriate. Further, you undertake not to provide the Site or the Service with information that contains any sort of software virus or anything that will have any negative impact on any type of software, hardware or telecommunication equipment. You also acknowledge that the aforementioned is only an exemplification of violations of the T&Cs and that the fact that a use of the Site or the Services is not explicitly prohibited does not mean that it is permissible. You acknowledge that the use of the Site and the Services is completely at your own risk and that you will be solely responsible for all damage and loss that you may incur by your use of the Site and the Services. All information provided by you while using the Site and the Services is your sole responsibility. You should contact Challengera if you have any hesitance regarding content to be posted.
- Unavailability of the Services and loss of data. Neither Challengera nor its subcontractors are liable for any unavailability of the Services, or accidental deletion/spread or deletion in accordance with the T&Cs of data/information, uploaded content by you or other users.
- Collection of personal data. The collection of personal data takes place when you or your employer provides Challengera with personal data. The reason for collecting certain personal data is for Challengera to be able to fulfill their service. You provide Challengera with your personal data when you accept the T&Cs and the account at the site is created. Challengera also collects your personal data during your use of the Services. The personal data includes:
- your name
- your e-mail address
- your login and password information
- your country of residence
- your team/group/function/department
You may also provide the following information, at your option:
- your city of residence
- your profile picture
Challengera also offers their service through Android and iPhone native mobile applications. The use of these native mobile applications are entirely optional. When taking part in some of the events which are organized on the platform by Challengera’s client, your employer, GPS may be used. The user’s permission is always asked before activating GPS in the native mobile applications. The use of Challengera’s native mobile applications for such corporate events is entirely optional. The same events can be reached through the web application.
Personal data may also be collected through contact forms on the Challengera company website. The reason for collecting this data is to facilitate the company’s sales, business development and to have means of getting back to clients, users, partners and other interested parties. The information collected is email address. This information is stored on Challengera’s email server, which is located in Sweden. Please see 15 and 16 for information about right to obtain information and the right to be forgotten.
- Processing of personal data. Challengera collects personal data for the purpose of being able to communicate with you and in order to facilitate the contact between users of the Site. Challengera also collects your personal data for the purpose of improving the quality of the Services. Challengera uses your personal data in order to send e-mails to you containing information about e.g. activities that you are connected to on the Site. Challengera also stores your personal data on its database for the purpose of rewarding virtual medals to you and to rank you in leaderboards on the Site.
- Subcontractors. internalDesk uses a third party provider for hosting of the Site and Services, currently Space2U, which is a provider located in Kramfors, Sweden. internalDesk is the personal data controller and Space2U is its personal data processor. internalDesk has entered into necessary agreements with Space2U in order to abide by the Swedish Personal Data Act when handling your personal data.
- Cookies and how to remove them. Challengera uses a third party provider for hosting of the Site and Services, currently Space2u, which is a provider located in Kramfors, Sweden. Challengera is the personal data controller and Space2u is its personal data processor. Challengera has entered into necessary agreements with Space2u in order to abide by the Swedish Personal Data Act when handling your personal data.
- Cookies and how to remove them. As many others, Challengera uses cookie technology to make the Site easier to use. A cookie is a small data file that is transferred to your computer’s hard disk when you visit the Site. The Site only uses session cookies, for the sole purpose of facilitating the use of the Site. You can deny the Site the possibility to store your cookies. In order to deny cookies, you edit your browser settings. In the browser settings, you can also remove cookies which are already placed on your hard disk. Please note that the result of denying cookies will be that you experience decreased functionality when using the Site.
- Security. Challengera takes adequate technical and organizational security measures to ensure that your personal data is not misused, lost or unlawfully accessed. Your personal data will at all times be handled in accordance with the requirements of the Swedish Personal Data Act (1998:204) (Sw. Personuppgiftslagen), which implements the Data Protection Directive, 95/46/EC. Challengera works with a secure and private 3rd party video channel provider (YouTube).
- Accuracy of the personal data. Challengera takes all reasonably steps to ensure that your personal data is correct and up-to-date. If you believe that your personal data stored by Challengera is incorrect, you shall notify Challengera and provide it with correct data in order for Challengera to rectify and update your personal data. You can also correct and update the personal data provided by you directly on the Site. Challengera kindly asks you to update your personal data if needed.
- Right to obtain information. You are entitled to obtain information about your personal data stored and handled by Challengera at no cost. The request must be in writing, contain your full name, email address and addressed to Challengera, on the address below, and must be signed by you.For platform users, the information may be delivered in a JSON-data file if so requested. For users of the company website (www.internaldesk.com), the information will be delivered in an email to the email address specified in your letter. Timeframe for extracting and delivering personal data is maximum 30 days from receiving your request.
- Withdrawal of approval. You always have the right to withdraw your approval to Challengera’s processing of your personal data. In such case, the effect may be that you may no longer use the Services. Challengera will then stop processing your personal data and may delete your account. You can also delete your account directly on the Site, alternatively contact a platform admin in your organization, depending on your organization’s specific platform settings.To have your data deleted, send a request addressed to Challengera, on the address below. The request must contain your full name, email address and must be signed by you. Timeframe for extracting and delivering personal data is maximum 30 days from receiving your request.
Challengera AB, reg. no. 556900-1125
Address: : Challengera, c/o Magnus Malmberg, Muningatan 13, 753 08 Uppsala, Sweden
- Intellectual Property Rights. You confirm that the texts, photographs and other content provided by you in connection with your use of the Site or the Service do not infringe in any intellectual property rights or obligations of confidentiality and that you have all necessary consents for providing such information. This means that you may only upload content on the Site and provide content in connection with your use of the Services if you are the owner of the intellectual property rights to such content or if you have the necessary consents from the owners of the intellectual property rights to such content. You or such other owners of the intellectual property rights remain owners of the provided content, but gives Challengera an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable and worldwide license to manage, store and delete the content as Challengera sees fit. You do not acquire any rights to any content uploaded and provided on the Site by Challengera or by any other user of the Services.
- Warranty Disclaimer. CHALLENGERA CANNOT GUARANTEE THAT THE INFORMATION AND OTHER CONTENT PROVIDED BY USERS IN INTERACTION WITH OTHER USERS IS TRUE OR CORRECT, THAT THE SERVICES ARE AVAILABLE AT ALL TIMES OR THAT UPLOADED DATA IS NOT DELETED. HENCE, CHALLENGERA SHALL NOT BE LIABLE FOR ANY ERRORS IN THE CONTENT PROVIDED BY YOU OR BY ANY OTHER USER OF THE SITE AND THE SERVICES, AND IS NOT LIABLE FOR ANY LOSS OR SPREAD OF DATA OR UNAVAILABILITY OF THE SERVICES. THE USE OF THE SITE AND THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND THAT CHALLENGERA DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, FOR THE SERVICES OR THE CONTENT ON THE SITE AND SERVICES PROVIDED BY ANY THIRD PARTY PROVIDER OR SUBCONTRACTOR, INCLUDING BUT NOT LIMITED TO THE SUITABILITY OF ANY ACTIVITIES, THE ACCURACY OF ANY INFORMATION ON THE SITE, THE PROVISON OF ANY PRIZES FOR WON CHALLENGES OR CONTESTS, OR THAT THE SITE AND SERVICES DO NOT CONTAIN ANY VIRUSES. FURTHER, CHALLENGERA DOES NOT WARRANT THAT THE PROVISION OF THE SERVICES OR THE SITE WILL BE ERROR-FREE.
- Limitation of Liability. IN NO EVENT SHALL CHALLENGERA BE LIABLE FOR ANY INJURIES, HARM, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFIT, LOSS OF BUSINESS, LOSS OF CONTRACT, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, DAMAGE TO OR CORRUPTION OF DATA OR FOR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND. THE EXCLUSION OF LIABILITY SHALL APPLY IRRESPECTIVE OF WHETHER OR NOT SUCH LOSS OR DAMAGE WAS POSSIBLE TO ANTICIPATE AND IRRESPECTIVE OF WHETHER OR NOT LIABILITY OTHERWISE WOULD ARISE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY DUTY OR OTHERWISE. IF LIABILITY SHOULD ARISE UNDER MANDATORY LAW, THE MAXIMUM AGGREGATE AND CUMULATIVE LIABILITY OF CHALLENGERA SHALL FOR EACH CASE BE LIMITED TO A TOTAL OF SEK 5,000. CHALLENGERA EXPRESSLY EXCLUDES ANY AND ALL LIABILITY TO ANY THIRD PARTY.
- Indemnification. You agree to indemnify and hold Challengera, its representatives, employees, third party providers or subcontractors harmless for any and all claims, disputes, demands and lawsuits that may arise as a consequence of your use of the Site and the Services.
- Termination. You agree that Challengera may at any time and at its sole discretion delete your account including uploaded content and terminate your use of the Services without prior notification to you. You also agree that Challengera may at any time and at its own discretion close the Site or parts of the Site and discontinue providing the Services or parts of the Services. You may delete your account in order to terminate your use of the Services. In such case, your rights and obligations under the T&Cs will also terminate except for such obligations that have arisen as a consequence of your use of the Site and the Services before the deletion of your account or which otherwise expressly or implicitly shall survive the deletion of your account. Challengera will, upon request, delete any or all of your data.
- Miscellaneous. If any part, term or provision of the T&Cs is held to be illegal or unenforceable, the validity of the remainder of the T&Cs will not be affected. Any omission of Challengera to enforce its rights under the T&Cs shall not be regarded as a waiver of such rights. IT IS EXPRESSLY UNDERSTOOD THAT ALL PROVISIONS REGARDING LIMITATIONS OF LIABILITY AND INDEMNITIES WILL REMAIN IN FULL FORCE AND EFFECT AND SHALL SURVIVE THE DELETION OF YOUR ACCOUNT AT THE SITE.
- Dispute Resolution. The T&Cs are construed in accordance with, and shall be governed by, the laws of Sweden, without regard to principles of conflict of laws. Any dispute, controversy or claim arising out of or in connection with the T&Cs or the breach, termination or invalidity thereof, shall be finally settled by the courts of Sweden, with the Stockholm District Court as the court of first instance.