Terms for PinToMind
Content on this page
We (FAVO AS) run the webservice PinToMind, and would love for you to use it. PinToMind is an app to help you display and update information on digital screens. Our service is based on subscriptions.
PinToMind is designed to give you as much control and ownership as possible over what goes on your screens (your account), and we encourage you to use your creativity. However, be responsible in what you publish. In particular, make sure that you have obtained all necessary consents and permissions to publish, and that none of the prohibited items listed below appear on your screens / your account, or get linked to from your account (like spam, viruses, or hateful content).
If you find a PinToMind-post that you believe violates our Terms of Service, please send us an e-mail to firstname.lastname@example.org.
Terms of Service
The following terms and conditions govern all use of PinToMind as well as all content, services and products available at or through the website.
Please read this Agreement carefully before using the website and its services. By using any part of the website and its services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of its services. These terms and conditions are considered an offer by FAVO AS, and acceptance is expressly limited to these terms. The PinToMind-service is available only to individuals who are at least 13 years old.
1. Your PinToMind-account
You are responsible for maintaining the security of all the content on the screens and entries on your account. You are fully responsible for all activities that occur on your account. FAVO AS will not be liable for any acts or omissions on your part, including but not limited to any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors and Users
If you operate an account, post to the screens, or otherwise make (or allow any third party to make) material available by means of the PinToMind-service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content, hereunder but not limited to obtain all necessary consents and permissions to process, publish and store Content. This will be the case regardless of whether the Content in question consists of text, graphics, audio files , or other content.
By making Content available, you represent and warrant that:
Downloading, copying and using the Content will not infringe on the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver pertaining to all rights in or to the Content.
You have fully complied with any third party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms.
The content does not contain nor install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
The content is neither spam, nor machine- or randomly-generated, and does not contain unethical or unwanted commercial content, designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
The content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party.
Your PinToMind-account is not getting advertised via unwanted electronic messages such as spam, links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods.
The content is not such that misleads your viewers and readers into thinking that you are another person or company. For example, your account’s, screens' and users' URL or name is not the name of a person other than yourself or a company other than your own, and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by FAVO AS or otherwise.
By submitting Content to FAVO AS for inclusion on your PinToMind-account, you grant FAVO AS license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing it on the PinToMind-Service.
Without limiting any of those representations or warranties, FAVO AS has the right (though not the obligation) to, in FAVO AS’s sole discretion (i) refuse or remove any Content that, in FAVO AS' reasonable opinion, violates any FAVO AS policy, or is in any way harmful or objectionable, or (ii) terminate or deny access to, and use of, the website to any individual or entity for any reason, in FAVO AS' sole discretion. FAVO AS will have no obligation to provide a refund of any amounts previously paid to FAVO AS and disclaim all liabilities of whatever nature.
In the event that the Content you provide to us should include personal data in accordance with the Norwegian data protection law, including the EU regulation no. 2016/679 (GDPR) as incorporared under Norwegian law, Favo AS will process such personal data as a data processor on behalf of its customer as a data controller. All processing of personal data which is part of the Content, is subject to the Data Processing Terms below.
3. Payment and Renewal
You agree to pay FAVO AS the monthly or annual fees indicated for said service. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated. Fees are non-refundable.
Unless you notify FAVO AS before the end of the applicable subscription period that you want to cancel your subscription it will automatically be renewed. You then authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Cancellation and Termination
Cancelling your PinToMind-account requires that you click the link marked "Terminate Account". An e-mail or phone-call to us, is not considered an official cancellation.
4. Responsibility of Visitors and Users
FAVO AS has not reviewed, and cannot review, the material, including computer software, posted on the PinToMind-accounts, and cannot therefore be responsible for that material’s content, use or effects. You accept that by operating the PinToMind-Service, FAVO AS does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful or harmless.
You are responsible for taking necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The PinToMind-account may, without the knowledge of FAVO AS, contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Account may also contain material that violates the privacy or publicity rights, or infringes on the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FAVO AS disclaims any responsibility for any harm resulting from the use by visitors and users of PinToMind-screens.
5. Content Posted on Other Websites
We have not reviewed, and cannot review, the material, including computer software, made available through the websites and webpages to which PinToMind link, and that link to PinToMind. FAVO AS does not have any control over other websites and webpages than the PinToMind website or webpage, and is not responsible for their contents or their use. You accept that by linking to a non-PinToMind website or webpage, FAVO AS does not represent or imply that it endorses such website or webpages. You are responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FAVO AS disclaims any liability or responsibility for any harm resulting from your use of non-PinToMind websites and webpages.
6. Copyright Infringement
As FAVO AS asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to, by PinToMind violates your copyright, you are encouraged to notify FAVO AS by sending an e-mail to [mailto:email@example.com]. FAVO AS will respond to such notices in the required or appropriate manner. This may include removing the infringing material or disabling all links to the infringing material. FAVO AS will terminate a user’s access to and use of the PinToMind-service if there are reasons to believe that there is an infringement of the copyrights or other intellectual property rights of FAVO AS or others, but FAVO AS disclaim all liability and responsibility of such termination not occurs. In the case of such termination, FAVO AS will have no obligation to provide a refund of any amounts previously paid to FAVO AS.
7. Intellectual Property
This Agreement does not transfer, from FAVO AS to you, any FAVO AS or third party intellectual property. All rights, titles and interests in and to such property will remain (as between the parties) solely with FAVO AS. FAVO AS, the FAVO AS-logo, PinToMind, pintomind.com, the PinToMind-logo, inforskjermen.no, the infoskjermen.no-logo and all other trademarks, service marks, graphics and logos used in connection with PinToMind, or the PinToMind Website are trademarks or registered trademarks of FAVO AS or FAVO AS’ licensors. Other trademarks, service marks, graphics and logos used in connection with the PinToMind Website may be the trademarks of other third parties. Your use of the PinToMind Website grants you no right or license to reproduce or otherwise use any FAVO AS or third party trademarks.
FAVO AS reserves the right to display the company’s own logo and attribution as "Delivered by PinToMind" on your screens and displays, unless you have purchased a subscribtion where this is exempt.
FAVO AS reserves the right to display attribution links and font attribution on screens and displays.
FAVO AS reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Significant changes to the Agreement will be notified you in advance. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. FAVO AS may also, in the future, offer new services and/or features through the PinToMind-Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
FAVO AS may terminate your access to all or any part of the PinToMind-Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PinToMind-account (if you have one), you simply click "terminate account" under settings. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties
The Website is provided on an “as is” basis. FAVO AS and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FAVO AS nor its suppliers and licensors, make any warranty that the PinToMind Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the PinToMind Service at your own discretion and risk.
13. Limitation of Liability
In no event will FAVO AS, its suppliers or licensors, be liable for any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any indirect loss such as bu not limited to special, incidental or consequential damages; (ii) cost of procurement for substitute products or services; (iii) or cost due to interruption of use or loss or corruption of data; or (iv) for direct economic loss that exceed the fees paid by you to FAVO AS under this agreement during the twelve (12) calendar months immediately preceding such claim. FAVO AS shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty
You agree to indemnify and hold harmless FAVO AS, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between FAVO AS and you concerning the subject matter hereof. This Agreement and any access to or use of the PinToMind Service will be governed by the laws of Norway excluding its conflict of law provisions, and the exclusive venue for any disputes arising out of or relating to any of the same will be the courts of Stavanger, Norway. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition in this Agreement or any breach thereof, in any one instance, will not waive such terms or conditions or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FAVO AS may assign its rights under this Agreement without condition.
Your privacy is critically important to us. At FAVO AS we have a few fundamental principles:
- We don’t ask you for personal information unless we truly need it.
- We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
- We don’t store personal information on our servers unless required for the ongoing operation of one of our services.
- In our products and services, we aim to make it as simple as possible for you to control what’s visible to the public, kept private, and permanently deleted.
- All our processing shall be in accordance with Norwegian Law, hereunder the EU regulation 2016/679 (GDPR) when and as incorporated under Norwegian law.
It is FAVO AS’ policy to respect your privacy regarding any information we may collect while operating our websites. If you have questions about deleting or correcting your personal data, please contact our support team at [mailto:firstname.lastname@example.org]
The basis for our processing of personal data about users of our services, is that we have a legitimate interest of providing our services to you, and that the processing of personal data is necessary to enter into a contract with the business to which you are a part, and you as a user of our services. In addition, some of our processing is based on your consent as described below, and you may then withdraw our consent as specified below or otherwise on our website.
1. Personal data collected through use of our Webservice
Like most website operators, FAVO AS collects non-personally identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. FAVO AS’ purpose in collecting non-personally identifying information is to better understand how FAVO AS’ visitors or users use its website. From time to time, FAVO AS may release non-personally identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
FAVO AS also collects potentially personally identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on PinToMind-accounts. User addresses are visible to the account-administrators.
2. Collection of Personally Identifying Information upon registration
Certain visitors to FAVO AS’ webservices choose to interact with FAVO AS in ways that require FAVO AS to gather personally identifying information. The amount and type of information that FAVO AS gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account at PinToMind to provide a username and email address. Those who engage in transactions with FAVO AS – by setting up an account, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, FAVO AS collects such information only insofar as is necessary or appropriate to fulfill the purpose of the user’s interaction with FAVO AS. FAVO AS does not disclose personally identifying information other than as described below.
If you register an account on our website on behalf of your business, we will collect data on you as a contact person for that business, including name, e-mail, preferred language, country where you are operating from.
If you register an account on our website as an individual user, we may collect data about you such as your name, e-mail, time of registration, change of information, access and receipt of system warnings, preferred language and time zone in the service, settings for applications provided by us, whether the user receives e-mail from us, accounts and role in the different accounts in our service, what post the user has made and is responsible for, accounts/other users that the user has enlisted, if any, and tokens on any posts that requires authentication from third parties, such as Instagram.
For accounts using credit cards, we use the Stripe service. Their terms are available here: https://stripe.com/legal. If you use our Go service, we store the information that is made available from a mobile or a tablet when you download the applications, such as identification for the device, name and version on the device, language for use of the services and what screens the user is subscribing for.
If you are a registered user of a PinToMind-account and have supplied your email address, FAVO AS may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with FAVO AS and our products. We primarily use our various products, webpages and blogs to communicate this type of information, so we expect to keep these types of emails to a minimum. By accepting this policy, you consent to this use of your personal data, and you may withdraw that consent by opting out of our newsletter through our opt-out solution on the e-mails we send.
4. Use of your requests and feedback to us
If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish the content (in anonymized form) in order to help us clarify or respond to your request or to help us support other users. We will not publish such content that includes your personal data, unless you have explicitly consented to this.
5. Aggregated Statistics
FAVO AS may collect statistics about the behavior of users of and visitors to its websites. FAVO AS may display this information publicly or provide it to others. However, FAVO AS does not disclose personally identifying information other than as described in this agreement.
6. Transfer to third parties - security
FAVO AS discloses potentially personally identifying and personally identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on FAVO AS’ behalf or to provide services available at FAVO AS’ websites, and (ii) that have agreed or is obliged not to disclose it to others, such as public bodies, lawyers and auditors. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using FAVO AS’ services, you consent to the transfer of such information to them. We may also transfer personal data outside the EEA as part of our hosting service. Under such circumstances, adequate safeguards as to such transfer to third countries are in place, such as transfer to companies in the US that are covered by the EU-US privacy shield or data controllers under agreement governed by the EU standard clauses accepted by the European Commission. FAVO AS will not rent or sell potentially personally identifying and personally identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, FAVO AS discloses potentially personally identifying and personally identifying information only in response to a subpoena, court order or other governmental request, or when FAVO AS believes in good faith that disclosure is reasonably necessary to protect the property or rights of FAVO AS, third parties, or the public at large. FAVO AS takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally identifying and personally identifying information.
7. The regulation of personal information in content that you can upload through the use of our services
Our services makes users able to publish and upload content. Such content may include personal data, depending on what content the user uploads. For this data, you will be the data controller under the relevant data protection law in relation to FAVO AS, and FAVO AS will be processing such data on your behalf as a data processor. Separate data processing terms govern such processing of personal data, and such processing of personal data not covered by this policy.
9. Business Transfers
If FAVO AS, or a substantial part of its assets, were acquired, or in the unlikely event that FAVO AS goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of FAVO AS may continue to use your personal information as set forth in this policy.
11. Third Party Links
Occasionally, strictly at our discretion, we may include or offer third party products of services on our site. These third party sites and services have independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
12. Storing and deletion of personal data
We only store personal information about you as long as it is necessary to provide our services to you or the business to which you are connected to, or as long as it is necessary to fulfill our legal obligations, and will thereafter delete your data.
For example, we delete all your content when an account is deleted, while information on the contact person for the account and invoicing material is stored for 5 years for us to be able to handle future requests and comply with applicable law. When a user is removed from an account, the user information is deleted. For security reasons we regularly make backups.
13. Your rights
As an individual user of our services, you are entitled, upon request, to disclosure regarding your personal data that we are storing or are otherwise processing. You are also entitled to have any incorrect personal data corrected and rights to blocking or deletion of your personal data. Under certain conditions, you have the right to object to processing of your personal data, and as far as the EU Regulation 2016/679 (GDPR) has entered into force you may ask to receive your personal data in a structured and commonly used format so that it can easily be transferred to you or another data controller you appoint (this is known as “data portability”).
15. Your Consent
Data Processing Terms for personal data in your Content
1. Background and purpose
These personal data processing terms ("Data Processing Terms") regulate the processing of personal data by FAVO AS' on behalf of its customers as part of the processing of Content uploaded by the customer while using the PinToMind web-service. All words and expressions used herein shall have the same meaning as defined in the Terms of Service.
The purpose of these terms is to regulate rights and obligations under the Act of 14 April 2000 No. 31 relating to the processing of personal data (Personal Data Act) and personal data regulation of 15 December 2000 nr. 1265 (Personal Data Regulation) incorporating EU Directive 9546/EC, as well as the rights and obligations under EU regulation 2016/679 when and to the extent they are implemented in Norwegian law. The parties' obligations under these Data Protection Terms to act in accordance with EU Regulation 2016/679 ("GDPR") shall only apply when and to the extent the regulation is implemented and in force under Norwegian law. These terms shall ensure that personal data about the data subjects will not be used unlawfully or come into the hands of a third party.
When you as a customer of FAVO AS upload Content that includes personal data, you will be considered the data controller for such personal data under the relevant data protection law, and you or the company you sign up for is therefor referred to as the "Controller" in the following.
In so far as Content include personal data, i) FAVO AS is a data processor of such data; (ii) Controller will comply with its obligations as a controller under the relevant data protection legislation; and iii) FAVO AS will comply with its obligations as a processor under these terms. These terms only apply as far as FAVO AS actually processes personal data as part of the Content. Other data that FAVO AS may process is not regulated by these terms.
FAVO AS will only process the type of personal data that Controller provides to FAVO AS via the PinToMind web-service, and regarding the types of individuals that Controller provides to FAVO AS.
The Controller shall ensure that there is an adequate basis for processing the personal data, including obtaining consent from the data subject to the extent required by applicable privacy regulations.
2. FAVO AS's general obligations
FAVO AS shall only process personal data it may access as part of fulfilling its contractual obligations to the Controller. FAVO AS has no right to hand over personal data to unauthorized third parties.
FAVO AS shall follow the procedures and instructions for the processing of personal data that the Controller has reasonably laid out, and to the extent necessary to comply with applicable law. This includes but is not limited to instructions provided by Controller as part of operating the PinToMind-service.
The Controller shall only provide FAVO AS with instructions that are in accordance with current applicable law. FAVO AS is obliged to inform the Controller if FAVO AS believes that a given instruction is not in accordance with applicable law. FAVO AS will in accordance with EU Regulation 2016/679 article 28 (h) make available to Controller all information necessary to demonstrate compliance with the obligations laid down in said article and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller.
Upon Controller's request, FAVO AS is obliged to provide necessary assistance for the Controller to access the data processed on behalf of the Controller.
FAVO AS has a duty of confidentiality regarding personal data that it has access to in accordance with this Agreement. This also applies after the Agreement with Controller terminates. FAVO AS shall ensure that persons authorized to process personal data on behalf of FAVO AS are subject to confidentiality by law or contract.
FAVO AS shall, considering the nature of the processing, as far as possible and with appropriate technical and organizational means, assist the Controller in answering the data subject's requests for fulfillment of the data subject's rights under the applicable data protection law.
FAVO AS shall, to the extent to which it is relevant to the contractual relationship, considering which personal data is available for it and the nature of the processing, assist the Controller in complying with the information security requirements, notification requirements for data protection authorities and the data subjects, as well as impact assessments, pursuant to Articles 32-36 of EU Regulation 2016/679.
FAVO AS will comply with the requirements for security measures under the Personal Data Act and the Personal Data Regulation, including particularly the Personal Data Act section 13-15 with regulations, as well as Article 32 of EU Regulation 2016/679.
Any assistance required by Controller under this Section 2 shall be compensated according to the applicable hourly rates agreed between the parties, or, if no hourly rates are agreed upon, by the current regular and reasonable fees for such services.
3. Location of data
FAVO AS is based in Norway and will mainly access your data in Norway from our regular place of business.
FAVO AS uses services provided by Brightbox Systems Ltd ("Brightbox"). Brightbox act as a subcontractor and Data Processor, inter alia for hosting our services. Your personal data will be stored on servers within the EU/EEA. Brightbox's terms and conditions for processing of personal data are available here: https://www.brightbox.com/legal/
The Content may be accessed by our personell in countries outside the EU/EEA, and stored transiently or cached in any country in which Brightbox or its agents maintain facilities, including countries outside the EU.
If personal data should be transferred outside the EU/EEA, adequate safeguards as to such transfer to third countries shall be implemented, such as the transfer to companies in the USA that are covered by the EU-U.S. privacy shield or under agreement governed by the EU standard clauses accepted by the European Commission.
4. Use of subprocessors
FAVO AS uses Brightbox as subcontractor and Data Processor (subprocessor) for your Content.
Anyone who, on behalf of FAVO AS, carries out assignments in which the use of the personal data in question is included, shall be subject to similar obligations to FAVO AS pursuant to these Data Processing Terms.
5. Data Correction and Deletion
Through the services FAVO AS delivers, the Controller will be provided with the ability to correct, block, export and delete Content in a manner consistent with the functionality of the PinToMind web-service and the Agreement.
During the Term, FAVO AS will make available to Controller the Content in a manner consistent with the functionality of the PinToMind web-service and in accordance with these terms. To the extent Controller, in its use and administration of the PinToMind web-service does not have the ability to amend or delete Content (as required by applicable law), or migrate Content to another system or service provider, FAVO AS will, at Controller’s reasonable expense, comply with any reasonable requests from Controller to assist in facilitating such actions to the extent FAVO AS is legally permitted to do so and has reasonable access to the relevant Content. Content that is deleted by the Controller shall be deleted by FAVO AS within reasonable time, and no later than 2 months.
These Data Processing Terms apply between the parties as long as FAVO AS processes personal data as a processor on behalf of the Controller.
In case of breach of these terms or the Personal Data Act, the Controller may order FAVO AS to stop further processing of the data with immediate effect.
Upon termination of the Agreement, FAVO AS shall after instruction from the Controller delete or properly destroy all documents, data, floppy disks, CDs, etc. containing personal data covered by the Agreement as laid out in Section 6 above.
The above applies only if nothing else follows from an explicit agreement between the parties or applicable law, such as an obligation to store data for specific purposes.
8. Breach of contract
Upon breach of these Data Processing Terms, the regulation on indemnification, liability and limitation of liability in the Terms of Service applies.
Last amended: February 8, 2018