Terms and Conditions - Cargo Monitor

1. General

1.1 These General Terms and Conditions (the “Terms”) are entered into by Nexxiot AB, reg. no.559232-3462, address: Torsgatan 26, 113 21 Stockholm, Sweden, (“Nexxiot”) and the entity that has ordered services from Nexxiot (“You”, or “Customer”). Nexxiot and Customer are jointly referred to as the Parties.

1.2 These Terms form part of your agreement with Nexxiot, governing Your use of Nexxiot’s Services, unless otherwise expressly agreed in writing.

1.3 The Nexxiot Device and Service are to be used as further specified in the quotation and the agreement entered into between the Customer and Seller, including any Purchase Orders, Schedules, these Terms, and the referred End-User Agreement (jointly the “Agreement“), constitute the parties’ complete regulation of all matters concerned by the Agreement. In case of conflicting terms in these Terms and the Specific Terms, the Specific Terms shall prevail.

2. Definitions

2.1 These Terms shall have the following meaning:

“Service“ means the supply of Data to the Customer via Nexxiot Interface.

“Data” shall mean data attributable to cargo that is collected by the Nexxiot Device, such as. inter alia real-time location, temperature, humidity, light, or shock or as otherwise set forth.

“Data Collection”, meaning the collection, processing, and analysis of Data.

“Nexxiot Device”, meaning tangible, movable property that collects Data“

“Nexxiot Interface”, meaning Nexxiot’s Web Interface and Nexxiot’s Mobile Interface. Both are online interfaces by which Data is displayed in real-time.

”End-User Agreement”, meaning the specific Terms of Use on access to User Account to the Nexxiot Interface for specific individuals appointed by Customer or by parties appointed by Customer and Nexxiot’s Privacy Policy for the processing of personal data.

“User Account”, meaning personalized access account to the Nexxiot Interface.

“Activate” (Nexxiot Device), meaning the activity of starting up the Nexxiot Device and connecting such Nexxiot Device to a Digital Cellular Network.

“Digital Cellular Network”, meaning the, for each geographical region, applicable digital cellular communication network that is provided by third parties, such as e.g. the GSM network, 3G network, or 4G network.

“Pairing”, meaning the activity of assigning specific cargo to a specific Nexxiot Device.

“Customer“, meaning any counterparty or counterparties and prospective counterparty or counterparties of Nexxiot for the sale and delivery of Service.

“Security Codes“, meaning user names, passwords, PIN codes, and other details used to access the Service and User Account.

“Seller“, meaning Nexxiot or other counterparty or appointed partner or agent of Nexxiot for the sale and delivery of the Service.

“Confidential Information”, meaning all information, irrespective of whether the information is documented or not, which the disclosing Party is treating as confidential as well as any other information which should reasonably be regarded as being of a confidential nature. However, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party’s possession prior to disclosure by a party, or which is independently developed by the receiving party without the use of Confidential Information.

”Manuals”, meaning written instructions on the permitted use of Nexxiot Device, Nexxiot Interface, User Account, and or other aspects relevant to the Service. Product sheets and Manuals are available at http://mobsentech.com/manuals.

“Purchase Order”, meaning Customer’s purchase order of Services as confirmed by Nexxiot in accordance with the purchase process below.

“Nexxiot SIM-card”, a unique SIM card that can be connected to a GSM network and is only used with a unique Nexxiot Device.

3. The Service

3.1 The Service is a service for the collection, processing, analysis, communication, and presentation of Data. The supply of the Service comprises of i) the Nexxiot Device, ii) Data Collection performed by the Nexxiot Device, and iii) processing and presentation of Data to the Customer via the Nexxiot Interface.

3.2  Nexxiot may change, modify or suspend the Service without any liability for possible consequences of such changes if:  i) the use of the Service causes damage to Nexxiot or a third party; ii) the Customer, despite reminder, has not paid an invoice or other fees; or iii) the Customer has committed a breach of any of its obligations under the Agreement.

3.3 – Use of the Service

Using the Service generally follows the following process. Upon this Agreement entering into force, Customer orders Nexxiot Devices from Nexxiot or Agent. Upon delivery of Nexxiot Devices to Customer, or to by Customer appointed third party, Customer, or party appointed by Customer, Activates the Nexxiot Devices and Pairs each Nexxiot Device to specific cargo. The Nexxiot Device then collects Data and transfers Data to the Nexxiot Interface to which the Customer, or parties appointed by the Customer, have User Account(s).

3.4 Customer shall mount, set up and use the Service in accordance with the Manuals, End-User Agreement or as specifically instructed by Nexxiot from time to time.

3.5 The Customer is responsible for all activities performed with the use of the Security Codes and shall keep all Security Codes in a secure and satisfying manner so that unauthorized persons are unable to obtain them.

4. ORDER PROCEDURE

4.1 Any company within the Customer’s group of companies may issue Purchase Orders in writing, by e-mail or, if applicable, by means of electronic data interchange, to Nexxiot and/or Seller for the order of Services.

4.2 A valid purchase of Services under this Agreement shall be considered concluded when Nexxiot and or Seller have confirmed the Purchase Order.

4.3 When a purchase has been concluded, this Agreement shall then be deemed to be integrated parts of such purchase.

4.4 A Purchase Order may consist of the following: Customer name and address, Services and amount, desired delivery week, and price.

5. Nexxiot Device

5.1 Upon fulfillment of payment, Customer owns the Nexxiot Devices purchased as specified in the Order(s), with the exception of the Nexxiot SIM card which is, and shall remain, the exclusive property of Nexxiot.

5.2 Customer is granted a non-exclusive, non-sublicensable, license to the Nexxiot SIM card in each Nexxiot Device during the Term of the Agreement.

5.3 Each Nexxiot Device is to be used for a specific purpose by a specific Customer, after which the Nexxiot Device may be either disposed of or returned to Nexxiot.

5.4 The Customer, or any third party appointed by Customer, may never disassemble, reverse engineer, copy, or resale the Nexxiot Device and Nexxiot SIM card. The Customer shall inform appointed third parties about this obligation and contractually ensure third-party compliance. For the avoidance of doubt, Customer shall demonstrate compliance with this obligation if Nexxiot has reason to believe that Customer is in violation of this obligation.

6. DATA COLLECTION

6.1 Throughout the Data Collection, Nexxiot collects, compiles, stores, processes, and analyses Data. In order to transfer Data, the Nexxiot Device is Activated and connected to a Digital Cellular Network by an individual Nexxiot SIM-card per each Nexxiot Device.

6.2  The purpose of Data Collection is to provide Data in real-time to the Customer, or by the Customer, specifically appointed parties or individuals. Data shall not be provided to individuals nor companies or other third parties other than those appointed or approved, for example by this Agreement, by Customer.

6.3 The Data is processed and stored by Nexxiot or third parties who supply solutions for data storage, processing, and analysis. Data is stored for a period of 24 months counted from the collection of the Data. Once this period has elapsed, the data will no longer be available to the Customer.

6.4 In the relationship between the Customer and Nexxiot, Nexxiot shall be the owner and holder of all rights pertaining to the Customer’s Data. Nexxiot hereby grants to Customer access to use the Data in its own business, including but not limited to the right to modify, transfer, sell such Data, and to produce the copies necessary for such use for the duration of the subscription of the Service Nexxiot Web Interface.

7. Nexxiot Interface

7.1 – Nexxiot Interface

Nexxiot provides a Nexxiot Interface upon which Data is presented in real-time. Nexxiot will make available access to the Nexxiot Interface to specific individuals appointed by the Customer who will get a personal User Account with access to the Nexxiot Interface.

7.2 – End User Agreement

Provisions regarding access to and use of the User Account and the Nexxiot Interface and collection and processing of personal data will be presented to eligible individuals in End-User Agreement, during the process of registering a User Account. These provisions are also available on Nexxiot’s website: www.mobsentech.com

8. MARKETING

8.1 – Your Use of the Service

Nexxiot and its affiliates may retain and use, Your customer data for targeted, direct marketing purposes by Nexxiot and any company within the Nexxiot group of companies and its commercial partners.

9. PRICES AND PAYMENTS

9.1 The Customer shall pay the price for the Service in each applicable Order or as is otherwise specified in Nexxiot’s current price list, as amended by Nexxiot from time to time.

9.2 All payments made by the Customer shall be applied first to settle all costs and interest due and then to those invoices which have been outstanding for the longest time, even if the Customer states that the payment relates to an invoice of a later date.

9.3 The fees for the Services shall be invoiced monthly in arrears. Payment shall be due 15 calendar days from the date of the invoice.

9.4 Interest on overdue payments shall be payable according to law. Late payment shall be subject to the addition of interest which is calculated upon the current reference interest rate added with eight (8) percentage units, in accordance with the applicable provisions of the Swedish Interest Act (Sw. Räntelagen).

9.5 Nexxiot shall be entitled to charge a fee for any payment reminders and reserves the right to send the same via e-mail to an invoice reference provided by the Customer. The customer shall be responsible for the reasonable costs incurred by Nexxiot when collecting overdue fees.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 The Nexxiot Device, the process for Data Collection, and the Nexxiot Interface are protected by intellectual property rights, such as, but not limited to, patent rights, copyright, trademarks, design rights, and sui generis database rights. Any and all intellectual property rights attributable to the Nexxiot Device, the process for Data Collection and the Nexxiot Interface (“Intellectual Property Rights”) are the sole and exclusive property of Nexxiot or its third-party licensors.

10.2 Customer understands and agrees that Customer’s rights or access to the Intellectual Property Rights are limited to those rights expressly granted in this Agreement and do not include any other licenses or implied rights.

10.3 Customer shall promptly notify Seller of any actual or threatened misappropriation or infringement of Intellectual Property Rights which comes to Customer’s attention.

10.4 – Intellectual Property Rights Indemnity

Nexxiot shall have no liability to Customer under this Section or otherwise for any action or claim alleging infringement based upon any conduct involving (1) the use of any Nexxiot Device, (2) the use of any Nexxiot Device in combination with other products, equipment, devices or software not supplied by Nexxiot (including without limitation any application software produced by Customer for use with such Nexxiot Device), (3) the alteration, modification or customization of any Nexxiot Device by any person other than Nexxiot, or by Nexxiot based on Customer’s specifications or otherwise at Customer’s direction (regardless of whether such alteration, modification or customization occurs before or after the Nexxiot Device is originally shipped by Nexxiot to Customer); or (4) any failure to install an update to a Nexxiot Device provided by Nexxiot.

10.5 In the event of an infringement action or claim against Nexxiot which is based on any conduct described in the preceding section, Customer shall at its own expense defend such action or claim, and Customer shall pay any and all damages and costs finally awarded against Nexxiot in connection with such action or claim, provided that Nexxiot notifies Customer promptly in writing of such action or claim, Nexxiot gives Customer sole control of the defence thereof (and any negotiations for settlement or compromise thereof), and Nexxiot cooperates in the defence thereof at Customer’s expense.

11. DELIVERY TERMS

11.1 The Nexxiot Devices are delivered to the Customer by third-party logistical partners. Any agreed trade terms shall be construed in accordance with the INCOTERMS in force when the Agreement enters into force. The trade terms shall be according to Purchase Order.

12. WARRANTIES

12.1 – General

The Service, including the Nexxiot Device, the Nexxiot Interface, and the User Account are provided “as is” and “as available”, without express or implied warranty or condition of any kind.

12.2 Nexxiot makes no representations and disclaims any and all warranties including, but not limited to, warranties concerning satisfactory quality, fitness for a particular purpose, service levels, up-time, results from use of the Service, including the Nexxiot Device, the Nexxiot Interface, and the User Account, non-infringement of third party’s intellectual property rights or that the Service, including the Nexxiot Device, the Nexxiot Interface, and the User Account is free of malware or other harmful components.

12.3 – Third Part applications and integrations

Nexxiot makes no representation nor do they warrant, endorse, guarantee, or assume responsibility for any third-party applications or integrations (or the content thereof) or any other product or service advertised or offered by a third party on or through the Service, or featured in any banner or other advertising.

12.4 – Customer transactions

Nexxiot is not responsible or liable for any transaction between Customer and third party.

12.5 – Nexxiot Devices

All Nexxiot Devices shall be Nexxiot’s standard, off-the-shelf items, and no special or customized version of any Nexxiot Device shall be provided by Seller. Nexxiot shall have no obligation to ensure that the Nexxiot Device operates in conjunction with Customer’s equipment, software, or other products or systems, and Customer shall be responsible for all costs it incurs in connection with any modifications it elects to make to its own equipment, software or other products or systems unless specifically set forth by Nexxiot in writing.

12.6 Notwithstanding what is described in this Agreement, Seller warrants that, for a period of six (6) months from the date such Nexxiot Device is shipped from Seller’s facility to Customer (such period referred to herein as the “Warranty Period“): (1) all components of such Nexxiot Device shall be free from faulty workmanship and defective materials; and (2) the Nexxiot Interface shall substantially conform to the written documentation designated by Seller for use thereof. The warranties provided by Seller in this Section. are the only warranties provided by Seller with respect to the Nexxiot Device and the Service, and may be modified or amended only by a written instrument signed by Seller and accepted by Customer.

12.7 If, during the applicable Warranty Period for a Nexxiot Device sold by Seller hereunder, it is determined that any component of the Nexxiot Device is defective due to faulty workmanship or defective materials, such Nexxiot Device shall be returned to Seller.

12.8 The Customer will carry the expense of shipping such Nexxiot Device to Seller except as otherwise agreed by Seller.  Upon receipt of any such Nexxiot Device during the applicable Warranty Period, Seller shall, at its expense, (1) in Seller’s sole discretion, repair, repay, or replace such Product, and as the case may be (2) ship such Nexxiot Device to return it to the Customer.

12.9 Seller’s obligations hereunder shall arise only if Seller’s examination of the Nexxiot Device in question discloses to Seller’s satisfaction that the claimed defect or nonconformity actually exists and was not caused by any improper testing or use, any misuse or neglect, accident, fire or another hazard.  Repair or replacement of a Nexxiot Device (or any part thereof) does not extend the Warranty Period for this Nexxiot Device.

12.10 The parties expressly agree that the Nexxiot Devices are not considered to be goods for use for personal, family, or household purposes, or consumer goods and that such use shall not take place.

12.11 – Quality of Data

Nexxiot makes no representations and disclaims any and all warranties concerning the satisfactory quality of Data, fitness for a particular purpose, and results from interpretation and use of the Data.

12.12 – Data Collection

Since Data Collection is depending on several factors, such as, but not limited to, i) the availability and function of the Nexxiot Device and ii) that Customer, or party appointed by Customer, complies with instructions from Seller and Manuals for the use of the Nexxiot Device and thereto attributable software or installation processes, such as the activity of Pairing the Nexxiot Device to cargo, iii) the availability of the Digital Cellular Network, Nexxiot makes no representation nor do Nexxiot warrant, endorse, guarantee, or assume responsibility for that Data Collection may be performed or upheld at all times.

12.13  – Digital Cellular Networks

Nexxiot provides the Service through Digital Cellular Networks. Nexxiot shall provide the Service in a professional manner and accordance with the provisions of the Agreement. However, the supply of the Service and the Nexxiot Interface shall at all times be subject to the conditions, limitations, and availability of the Digital Cellular Networks and while Nexxiot endeavors to keep the Service and the Nexxiot Interface available at all times and to correct errors and defects without unnecessary delay, Seller can neither represent nor warrant that the Service will be continuous, uninterrupted or error-free or that any defects will be corrected.

12.14 – Customer’s warranties

Customer warrants that it has the equipment and software that Seller, on a website or by another written method, has stated is required in order to use the Service, or which otherwise is clearly required for such use.

Customer warrants that Customer, or party appointed by Customer, will comply with instructions and Manuals for the use of the Nexxiot Devices and the Service from Seller.

13. LIMITATION OF LIABILITY

13.1 Unless a result of gross negligence or wilful misconduct, the liability of either Party to the other for any type of damages is limited to the amount equivalent to Nexxiot’s total remuneration under this Agreement for the latest 12-month period.

14. INDEMNIFICATION

14.1 The Customer has complete and exclusive responsibility for all its users and activities concerning, or including, the Nexxiot Device and the Service, including Nexxiot Interface and User Account. Nexxiot shall not have any obligation to indemnify or hold harmless Customer of any damage or loss, directly or indirectly, resulting from Customer’s use of the Nexxiot Devices or the Service, including Nexxiot Interface and User Account, including but not limited to, claims from third parties or governmental authorities.

15. TERM AND TERMINATION

15.1 The Agreement is effective from the date of the Purchase Order and will remain in force through one year from that date. It shall automatically renew for periods of 12 months unless terminated in writing by either party giving 6 months notice.

15.2 – Effects of termination

Upon termination of the Agreement, the following shall apply. Any Nexxiot Devices that Customer has in their possession or that have been ordered from Seller, before the day of the termination, shall be delivered to Customer and may be used by Customer for a period of 6 months. Information on the processing of User content collected in accordance with the End-User Agreement once the User Account is terminated is found in the End-User Agreement.

16. Complaints

16.1 If a defect in a Nexxiot Device is not directly visible upon delivery, the Customer is under the obligation to notify Seller thereof, in writing and with an explanation, immediately after discovery of the defect. The Customer may no longer assert that a Nexxiot Device does not conform to the Agreement if this notice was not given immediately, but in any event no later than fifteen (15) days (i) after delivery of the Nexxiot Device or (ii) in case of a non-visible defect, after it should reasonably have been discovered by the Customer during the Warranty Period.

17. force majeure

17.1  Any failure or delay by Seller in the performance of its obligations under this Agreement shall not be deemed a breach of contract if such failure or delay is caused by fire, flood, earthquake, elements of nature, public utility electrical failure, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, or labour difficulties, court order, outage, delays or disruptions of the Internet or telecommunications networks, third party non-performance, non-standardized methods, material, or containers for transportation of cargo or any other similar cause beyond the reasonable control of Seller. Seller does not accept any liability for the consequences arising out of any such force majeure events.

18. CONFIDENTIALITY

18.1 Each Party agrees to keep and procure to be kept secret and strictly confidential all information in any form or medium whether disclosed orally or in writing before or after the execution of the Agreement designated as confidential in writing by either Party together with all other information which relates to the Intellectual Property Rights, business, affairs, products, developments, trade secrets, know-how, personnel, sub-contractors, customers and suppliers of either Party, including the terms of the Agreement, or information which otherwise may reasonably be regarded as confidential information of the disclosing Party.

18.2 For the avoidance of doubt Confidential Information shall not be used by either Party for any purpose other than fulfilling its obligations and complying with the Agreement, as required by mandatory applicable law or regulations of administrative bodies or to the extent required by the rules of any relevant stock exchange.

18.3 Neither Party shall at any time divulge, disclose or otherwise furnish, directly or indirectly, to any third party any Confidential Information unless explicitly permitted herein or required by law or regulations of administrative bodies.

18.4 Each Party shall reveal the Confidential Information only to their employees or other persons engaged to whom disclosure is necessary for them to perform their duties for the purpose of the Agreement. Each Party shall impose the above obligation of confidentiality on their employees and other persons.

19. MISCELLANEOUS

19.1 This Agreement with any appendices or referred End-User Agreement constitutes the entire agreement between the Parties and shall supersede all prior written or oral agreements between the Parties regarding the subject matter of this Agreement.

19.2 The Customer shall not transfer any of its rights or obligations towards Nexxiot to third parties without Nexxiot’s prior written consent.

19.3 Nexxiot has the right to assign and transfer its rights and obligations, in part or in full, under this Agreement. Furthermore, Nexxiot has the right to subcontract the performance of its duties.

19.4 If the ownership of Nexxiot’s business changes, Nexxiot may transfer the Agreement to another legal entity so that they can continue supplying the Service. The new legal entity that will hold your information, subscription, and User Account will still have to honour the commitments Nexxiot and you have made in this Agreement.

19.5 Any amendment or modification to this Agreement or any of the appendices must in order to be binding for the Parties be in writing and signed by both Parties.

19.6 Any notice given under this Agreement shall be made in writing and sent to the address set forth under the name of each Party on the first page of this Agreement.

20. GOVERNING LAW AND DISPUTE RESOLUTION

20.1 This Agreement shall be governed by and construed in accordance with the laws of Sweden.

20.2 Any dispute, controversy, or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce.

20.3 The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute, and other circumstances, determines, in its discretion, that the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.

20.4 The place of arbitration shall be Stockholm and the language to be used in the arbitral proceedings shall be English unless otherwise agreed.

20.5 The Parties undertake and agree that all arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is made or declared in connection with the proceedings. Information covered by this confidentiality undertaking may not, in any form, be disclosed to a third party without the written consent of the other Party.

20.6 This notwithstanding, a Party shall not be prevented from disclosing such information in order to safeguard, in the best possible way, its rights vis-à-vis the other Party in connection with the dispute, or if the Party is obliged to so disclose pursuant to statute, regulation, a decision by an authority or similar.

User Privacy Policy

1. General

Summary of User Privacy Policy

• This Privacy Policy applies when Nexxiot AB, reg. no. 559232-3462, address BOX 4001, 182 04, Enebyberg, Sweden (“Nexxiot”, “We”, “Us”) supplies the Nexxiot website https://nexxiot.com/cargo-monitor/ (the “Website”) and the Service, as defined in Nexxiot’s Terms of Use (the “Service”), see link https://nexxiot.com/cargo-monitor-legal-notice/ to you (“You”).
• We are responsible for the processing of all your information that is directly, or indirectly referable to you and for which we decide the purposes and the means of processing.
• By creating a user account on our Website, you agree that we collect and process your Personal Data in accordance with this Privacy Policy.
• If you have any questions or concerns, please contact us at .

Table of Contents

1. Introduction
2. Personal Data that we Collect
3. How and Why we Use Your Data
4. When and How we Share Information with Others
5. The Individual’s Rights
6. Security of Your Information
7. Data Storage and Retention
8. Exclusions
9. Changes and Updates to the Privacy Notice
10. Questions, Concerns, or Complaints

• Introduction

This user privacy policy (“Privacy Policy”) applies when Nexxiot AB, reg. no. 559232-3462, address BOX 4001, 182 04, Enebyberg, Sweden (“Nexxiot”, “We”, “Us”) supplies the Nexxiot website https://nexxiot.com/cargo-monitor/ (the “Website”) and the Service, as defined in Nexxiot’s Terms of Use (the “Service”), see link https://nexxiot.com/cargo-monitor-legal-notice/ (“You”).

We are responsible for the processing of your personal data for which we decide the purposes and the means of processing. With “Personal Data” we mean information, which is directly, or indirectly referable to a natural living person, e.g. name, email address, and IP address. We may collect the information set out below, which may include your Personal Data.

By creating a user account on our Website you agree that we collect and process your Personal Data in accordance with this Privacy Policy.

• Personal Data that We Collect

We may collect and use the following Personal Data from you when you create your Nexxiot account:

• full name;
• e-mail address; and your
• mobile phone number.

Please note that we are unable to provide the Services unless you provide the above-stated Personal Data.

When you use the Service, certain information will be collected automatically by us, including;

• information about your use of the Services; and
• technical data, which may include the URL you are accessing the Website from, your IP address, network and computer performance, browser type, language and identifying information, and operating system.

We collect information through technology like cookies, pixels, and local storage (like on your browser or device). For information about how we use system technologies and analytic tools and how you can prevent the use of cookies, please see our Cookie Policy available at https://nexxiot.com/cargo-monitor-legal-notice/

• How and Why we Use Your Data

We process your Personal Data for various purposes. Mainly we collect and process your Personal Data in order to provide you with the Services.

Providing a Service

One of our primary purposes for collecting personal data is to be able to perform and administer our Services to you:

Legal basis: This is necessary for the performance of our contracts with you (User Agreement and Privacy Notice and any additional contracts that we have agreed on).

Collection of your geolocation data collected via cookies on our website is based on your consent to the cookies used.

Making our website function smoothly

We use strictly necessary cookies to enable you to navigate the site and use the services and features it provides. For more information on exactly what type of cookies we use, what kind of information they gather, and why, please visit our [Cookie Policy].

Legal basis: We process this data as it is in our legitimate interest to provide you with our services and we also rely on your consent to our cookies.

Customer support/Communication with you

Certain information that you provide to us when you contact us is stored and processed to best manage your inquiry with us.

Legal basis: This processing is carried out to fulfill our contractual obligations.

Security

We use data to protect the security of our Service, our Visitors, and our Professionals, to detect and prevent fraud and resolve disputes and enforce our agreements.

Legal basis: We carry out this processing because it is necessary for our legitimate interest to protect our systems and services.

Statistics, analytics, and service improvement

We process IP addresses, device location, browser type, operating system, and other usage information about the use of our Service, including a history of the pages you view to help us design our site to better suit our Users’ needs. We may also use your IP address to help diagnose problems with our server and to administer our Service, analyse trends, track User movements, and gather broad demographic information that assists us in identifying User preferences.

For statistical purposes, we store information about how many individual Users we have, and how often these individual Users visit our website and use our Service. We collect and store this information to better understand all our Users’ needs and interests so that we can develop and improve our Service in the future.

Legal basis: We carry out this processing because it is necessary for our legitimate interest to improve our services and to develop our business.

Communications

If you correspond with us, e.g. by e-mail, we may keep such correspondence and the information contained in it (your name, e-mail, contact information, and any personally identifiable information you provide in free text form). We keep this to respond to your inquiry; notify you of Nexxiot publications, or other services; or keep a record of your complaint, accommodation request, and the like.

For newsletters, you may manage your preferences, and you may opt out of receiving certain communication at any time. Please note that if you ask Nexxiot not to contact you by e-mail at a particular e-mail address, we will keep that e-mail address on our “master do not send”- list. We do this to comply with your no-contact request.

As always, if you wish to have Nexxiot “erase” your personal information or otherwise refrain from communicating with you, please contact us at

Direct Marketing

We might further process your Personal Data for direct marketing purposes, so Nexxiot is able to send you information about Nexxiot, e.g. new services provided by Nexxiot or other information about Nexxiot to your e-mail.

If you do not want us to process your Personal Data for the purpose of us sending you information about Nexxiot, and direct marketing, you can give written notice to us via .

• When and How we Share Information with Others

With regard to the account information Nexxiot is the data controller and, as such, is always responsible for that processing of your Personal Data is lawful.

Nexxiot can use a Personal Data processor on our behalf to perform the tasks in accordance with the above, e.g. IT suppliers, server suppliers, suppliers of digital data, and analyzing tools (“Data Processors”). Such sub-processor will have the same obligations regarding the processing of personal data as Nexxiot has towards you.

Nexxiot may share and disclose your Personal Data to our partners and suppliers that process Personal Data on behalf of Nexxiot, for the above-stated purposes.

Due to that Data Processors can be geographically located both within and outside the EU/ EEA your Personal Data may be transferred to or stored in a country outside the EU/ EEA. As a result, you might get fewer legal rights in relation to your Personal Data. Your username may be disclosed to other users of the Service. By creating a user account to the Service, you agree that the user’s Personal Data is transferred and stored outside the EU/ EEA.

You hereby acknowledge, understand, and agree that the privacy policy of third parties will govern all use of information provided to third parties in accordance with this Privacy Policy.

We may also disclose your data to third parties if we have reasons to believe that access, use, retention, or disclosure of such information is necessary to:

1. Comply with any court order, administrative decision, or other legal obligation;
2. Enforce or apply our agreements and terms;
3. Manage and maintain the security of our website, including preventing or stopping an attack on our computer system or network; and
4. Protect the rights, property, or safety of our Users, Nexxiot, its affiliates, or others.

• The Individual’s Rights

Nexxiot will follow all data protection regulations within the EU which give you specific rights, including, but not limited to:

• Get a free transcript of your personal information;
• Have your personal information corrected or deleted;
• Request a limitation of processing based on Nexxiot’s legitimate interest;
• Complain to the appropriate Data Protection Authority (DPA);
• Data portability;
• Information about the existence of, and the logic behind, profiling; and
• Withdraw your consent for future processing of your Personal Data.

You have the right to, by a signed application, get a transcript of the Personal Data we hold about you. This Service is given to you free of charge once per calendar year. Upon your request, or by your initiative, we will correct any information that is incorrect or misleading.

For more information on how we process your Personal Data, or for more information on your rights to your Personal Data, please contact us at .

• Security of Your Information 

You should always be able to feel safe when you provide your personal information to Nexxiot. We have therefore taken the security measures required to protect Personal Data against unauthorized access, modification, and deletion.

Nexxiot is responsible for ensuring that your Personal Data is treated in accordance with applicable legislation. Once per calendar year, you are entitled to, by a signed application, obtain a transcript of the Personal Data we hold about you free of charge. We will at your request or by your initiative correct information found to be incorrect or misleading.

If we were to transfer your personal data to third countries, i.e. countries outside the EU / EEA, we will enter into agreements and take other measures in accordance with applicable legal requirements, involving the European Union Standard Contractual Clauses. Please email [privacy@…] if you want more information about the safeguards we have in place when transferring data outside the EU and the UK. If you use our services while you are outside the EU and the UK, your information may be transferred outside the EU in order to provide you with those services.

• Data Storage and Retention

Personal data handled by Nexxiot is stored and processed in the region where you are located, in Sweden, or in other countries where Nexxiot, its affiliates, subsidiaries, partners, or suppliers are active. We take steps to ensure that the information we collect in accordance with this Privacy Policy is dealt with in accordance with the provisions of this Notice and in accordance with applicable laws where the information is available.

Nexxiot will only process and keep your Personal Data for the continuation of the Service and never longer than necessary. The term ‘necessary’ refers to the time that is needed for us to be able to provide you with our services and to fulfill the purposes set out in section 4 above.

You can terminate your agreement with Nexxiot by deleting your Nexxiot account.

• Other Provisions

Nexxiot has the right to assign its rights and obligations under this Privacy Policy. Furthermore, Nexxiot has the right to subcontract the performance of its duties following this Privacy Policy.

If the ownership of our business changes, by way of share purchase, we may transfer your personal data to the new owners so they can continue supplying the Services. The new owner will still have to honor the commitments we have made in this Privacy Policy.

• Changes and Updates to the Privacy Notice

Nexxiot is entitled to change this Privacy Policy at any time. If we make changes to this Privacy Policy, we will notify you by publication at . If the changes are material, we will provide you additional, prominent notice as appropriate under the circumstances and, where required under applicable law, ask for your consent.

These Terms were written in English. To the extent any translated version of these Terms conflicts with the English version, the English version shall prevail.

• Questions, Concerns, or Complaints

Do not hesitate to contact us if you have any questions about how your Personal Data is processed or if you would like to request a transcript. You will find our contact details here.

Nexxiot

Contact address