Membership Terms and Conditions for Ifrågasätt
Version 3.0, Published: 2022-08-29
Terms of Service
These Terms of Service (“Terms”) are a contract between Ifrågasätt Media Sverige AB, company reg. No. 559020-8624, (“Ifrågasätt”, “we” or “us”) and you, which governs your access to and use of our Services (as defined below). By using the Services you agree to these Terms.
1. Use of the Services
1.1 Ifrågasätt provides services and information for holders of an Ifrågasätt Account (as defined below) and publishers that have an agreement with Ifrågasätt.
The services (collectively the “Services”) provided by Ifrågasätt are;
- Commenting; Solutions for enabling readers’ commenting and engagement on e.g. articles, blogposts etc.
- Live-blogging; Solutions for enabling live-blogging from e.g. sport events, breaking news, press conferences etc.
Some of the services and information are available to all visitors, but some services, such as writing and posting comments, reporting etc., can only be benefited from or used through an Ifrågasätt Account.
1.2 The Services can only be used for private purposes or as representative for an organisation, that is a holder of an Ifrågasätt Account.
1.3 You retain your rights to any and all information, text, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”) you submit or post via the Services.
1.4 Irrespective of provision 1.3 above, all Content published by you via the Services may also include automatic publication on other applicable websites/media operated by Ifrågasätt or its partners. Such information may also be used for external information and marketing. By using the Services and registering for an Ifrågasätt Account, you accept that Ifrågasätt uses the Content published by you in this manner and that no amount is payable to you in that respect.
1.5 Our Data Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services, your personal data will be collected and processed as set forth in our Data Privacy Policy. Since personal data within the Content published by you via the Services is processed by Ifrågasätt for journalistic purposes, such processing is exempted from the General Data Protection Regulation (“GDPR”), except for the GDPR requirements regarding data security. For further information in this regard, please see our Data Privacy Policy.
2. Ifrågasätt Account
2.1 You must register and hold an account (“Ifrågasätt Account”) to use our Services. You are responsible for safeguarding your Ifrågasätt Account. We cannot and will not be liable for any loss or damage arising from your failure to comply with requested information.
2.2 You must be at least 16 years old to use the Services. Persons under 16 years old may be granted an Ifrågasätt Account with the approval of a guardian when possible according to applicable law.
2.3 Without the prior written consent from Ifrågasätt, you are only allowed to register one account (your own) per person. You must use the same name that you use in everyday life and provide accurate information about yourself. You are responsible for ensuring that the personal data provided by you in relation to your Ifrågasätt Account is correct and up to date.
2.4 Your login details for your Ifrågasätt Account must be protected to prevent third parties gaining access to the data. You are not allowed to share your password. If the password has been lost or you have reason to believe that the password may have become known to another person, this must be reported to us without undue delay. Ifrågasätt will, as soon as is practically possible after having received such a notice, block the Ifrågasätt Account and thereby access to the Services or provide a new password that is communicated to you.
3. Your Responsibilities and Obligations
3.1 You are responsible for ensuring that your use of the Services and your Content comply with the Terms. In respect of comments, you are also aware that all comments published via the Services become publicly visible and that these comments cannot normally be edited or removed by you. You are also aware that your full name might be publicly visible together with the comment.
3.2 You are responsible for not using the Services for any of the following purposes or manners:
(a) Publication of commercial or private advertisements, without the prior written consent from Ifrågasätt, via the Services for the purpose of making money or obtaining other benefits (including, but not limited to, advertisements for buying and selling as well as other types of advertisements);
(b) Publication or dissemination of copyrighted material without the rights holder’s permission;
(c) Threats or expressions of contempt for particularly vulnerable groups with allusion to skin colour, nationality or ethnic origin, profession of faith or sexual orientation, for example;
(d) Incitement or organisation of criminal activities;
(e) Encouragement of or dissemination of sexual images of children or links to such content;
(f) Use of an alternative account or someone else’s account/s (including posting of material through an alternative account if you are suspended from the Services);
(g) Harassment, direct or covert directing of threats or personal attacks against other persons;
(h) Promotion, encouragement or performance of drug trafficking (buying, selling, exchanging, giving, etc.);
(i) Dissemination or linking to malicious code, including computer viruses; or
(j) Request for or dissemination of information on persons with protected personal data.
3.5 You are responsible for not providing unauthorised access to the Services and for ensuring that information to which you have access through the Services is not used for unauthorised purposes, destroyed or corrupted.
3.6 If you violate these Terms or applicable law, you risk suspension or termination of your Ifrågasätt Account. Ifrågasätt is also entitled to receive damages due to violation of these Terms.
4. Ifrågasätt’s Responsibilities and Restrictions
4.1 All Content is the sole responsibility of the person who originated the Content. However, in order to maintain the Services and verify that you comply with your obligations under these Terms, Ifrågasätt has the right to review Content created, saved, communicated or published by you via the Services. Ifrågasätt reserves the right to remove or modify, without prior warning, any Content that is in breach of these Terms, applicable law (such as criminal, trademark or copyright law) or that may constitute a basis for liability for Ifrågasätt.
4.2 Except for journalistic publications under explicit editorial responsibility, Ifrågasätt is required to remove publications with such content as listed in paragraph 5 of the Act (1998:112) on responsibility for electronic bulletin boards.
4.3 Ifrågasätt’s aim is to keep the Services operating around the clock. However, interruptions may occur due to a fault, servicing or upgrading or for any other reason. Ifrågasätt assumes no liability for the availability of the Services and is under no circumstances liable for compensation for any interruption in the Services, nor are Ifrågasätt liable for compensation for any other defect in the Services or loss of data or Content.
4.4 In the event of any questions or problems regarding your Ifrågasätt Account, Ifrågasätt will provide you with reasonable assistance via e-mail support at: account@ifragasatt.se.
4.5 Ifrågasätt does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. We assume no liability for any Content made available via the Services. Ifrågasätt does not carry out any prior checking or censorship of the Content made available via the Services.
5. Termination or Suspension of your Ifrågasätt Account
5.1 Your Ifrågasätt Account is valid until further notice. You may terminate your Ifrågasätt Account by contacting support via the email address: account@ifragasatt.se. Any credits or services paid for will not be refunded upon termination of the account. Your published Content can normally not be deleted.
5.2 Ifrågasätt may with immediate effect suspend or terminate any Ifrågasätt Account, that, according to Ifrågasätt, is in breach of the Terms or disobeying commenting- and/or other guidelines provided by Ifrågasätt, or due to other reasons as decided by Ifrågasätt. This includes, but is not limited to, disobeying commenting guidelines, persons who seek to thwart free debate via the Services by systematically publishing posts of excessively low quality or lack of any basis for debate, under-age persons (under the age of 16) who lack the approval of a guardian and persons who do not obey warnings. Any credits or services paid for will not be refunded upon suspension of the Ifrågasätt Account.
5.3 If you provide incorrect contact information or make no use of the Services for an extended period (of at least 12 months), Ifrågasätt is entitled to allow your Ifrågasätt Account to lapse without prior notice. Any credits or services paid for are non-refundable.
6. Limits on Liability
Ifrågasätt shall not be liable for any indirect or consequential damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the Services; or (iv) unauthorized access, use, alteration or loss of your Content. In no event shall the aggregate liability of Ifrågasätt exceed the greater of 1.000 SEK or the amount you paid Ifrågasätt, if any, in the past six months for the Services giving rise to the claim.
7. General
7.1 Ifrågasätt is entitled to assign this agreement with you and the rights and obligations relating to the Services to a third party.
7.2 Ifrågasätt may revise these Terms from time to time. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
8. Applicable Law and Dispute
8.1 These Terms shall be subject to the laws of Sweden, excluding its choice of law provisions.
8.2 All disputes related to these Terms or the Services shall be settled by Malmö District Court as the court of first instance.
Data Privacy Policy
1. General
1.1 Ifrågasätt processes the personal data of you as an holder of an Ifrågasätt Account (i.e. the natural person who registers for an Ifrågasätt Account) or the representative for an organisation that is a holder of an Ifrågasätt Account (i.e. the natural persons who manages the Ifrågasätt Account) in order to provide the Services to you. Ifrågasätt processes the personal data in order to grant and manage access to the Services, ascertain your identity, manage the customer relationship, prevent abuse or improper use of the services, carry out customer analyses, profiling, opinion polls and for commercial purposes and marketing purposes, on our own behalf and on behalf of our selected partners, and to comply with applicable legal requirements in general.
1.2 Personal data is considered to consist of all kinds of information that can be directly or indirectly linked to you as a private person. Ifrågasätt processes the following personal data attributable to you: personal identification number (encrypted), name, address, other contact details, profile picture, alias, profile picture for an alias, personal descriptions of a profile or alias, information computer/device such as IP address, browser and visiting history.
1.3 Personal data within the Content published by you via the Services is processed by Ifrågasätt for journalistic purposes. Therefore, the processing of such data is exempted from the main parts of the General Data Protection Regulation (“GDPR”). For example, Ifrågasätt is not required to have an explicit legal basis for the processing or obliged to remove the published Content in accordance with the GDPR. However, the GDPR requirements regarding data security still applies to this processing. Ifrågasätt has implemented appropriate technical and organisational measures to ensure an appropriate security level for such personal data as well, in accordance with the GDPR.
2. Processing of Personal Data
2.1 Ifrågasätt processes the personal data for two main purposes:
(i) Provision of the Services
To enable the Services to be provided, including but not limited to your ability to comment, manage accounts or live-blogging via the Ifrågasätt Account.
(ii) Marketing
To be able to aim marketing to you, either by ourselves or via a third party or to enable a third party to aim marketing to you.
2.2 Ifrågasätt processes data that was provided and registered at the time of the registration of the Ifrågasätt Account and data that is provided, recorded, collected or published via the Services. Ifrågasätt also collects information about you from third-party sources. This is mainly done when registering for an Ifrågasätt Account, but can also take place on a continuous basis in order to have correct personal data. Information collected from third parties includes personal data such as name, address details, telephone number and gender. Non-individual data may also be collected. That data may include, for example, statistics on interests, average incomes, etc. of persons residing in certain geographical areas.
Why does Ifrågasätt collect data on me from third-party sources?
This is performed when registering an Ifrågasätt Account in order to ascertain your identity and to name the Ifrågasätt Account. In addition to this data, Ifrågasätt also collects contact details if these are available from Ifrågasätt’s suppliers to allow further checks and communication with you. In the case of non-individually based data, this is obtained in order to improve recommendations and any potential marketing etc.
2.3 In order to enter into and manage the Ifrågasätt Account and the Services, Ifrågasätt collects and processes personal data. Hence, the legal basis for Ifrågasätt’s processing of personal data is that it is necessary for the performance of the agreement or to adopt measures before such an agreement is entered into. If your fail to provide the personal data that Ifrågasätt requires, Ifrågasätt is unable to enter into an agreement with your and offer our Services or services relating thereto.
If you are a representative for an organization that is a customer, partner or supplier, the legal basis for our processing of personal data is a balance of interest, i.e. the processing is necessary for a purpose that concerns our legitimate interests in maintaining and fulfilling our contractual commitments. If you do not provide the personal data, we may not be able to fulfil our commitments to the organisation of which you are a representative.
Ifrågasätt also collects and processes personal data belonging to you for the purpose of quality assurance of our business activities, development and testing of our services and products, contacting you and/or offering and marketing our, or a third party’s, services or products to you. The legal basis is that the processing is a legitimate interest of Ifrågasätt’s in being able to develop our business activities and meet your needs and market services and products that are of interest to you. Ifrågasätt’s interest in processing personal data for this purpose takes precedence over your possible interest in protecting your personal privacy in view of the potential benefits such processing brings to you.
Some personal data may be processed due to Ifrågasätt being required to fulfil certain legal obligations, such as personal data processed as a result of our accounting obligation or other obligations stated in law.
In addition to the above, Ifrågasätt may process personal data on the basis of specific consent, which, in that case, will be obtained from your separately.
2.4 Ifrågasätt never stores data longer than is necessary in relation to the purposes of the processing and therefore carries out regular sorting of stored personal data and removes any data that is no longer required.
When being a holder of an Ifrågasätt Account, Ifrågasätt saves personal data relating to you but makes corrections if necessary.
Six months after termination of the Ifrågasätt Account, automatic sorting out of personal data that is not outwardly visible in the service (email address, postal code, etc.) is performed. Nine months after the termination of your Ifrågasätt Account, sorting out is performed of all Ifrågasätt’s logs of your personal data (IP address, geodata, etc.). Twelve months after the termination of the Ifrågasätt Account, sorting out is performed of all remaining personal data apart from your name, postal location and alias.
If, after the termination of the Ifrågasätt Account, you wish to have all of your personal data erased, Ifrågasätt will, as far as possible, carry out a pseudonymisation of your data. Details of you in other Ifrågasätt Account holders’ comments, i.e. comments provided by others, will not be deleted, since such personal data is processed for journalistic purposes, in line with provision 1.3 above. Ifrågasätt will also retain a so-called “identifier” to prevent your personal identity number from being re-registered. The identifier is created in such a way that it cannot be related to you.
If you are a representative for an organisation that is, or has been, a customer, partner or supplier to Ifrågasätt, some personal data, such as including, but not limited to, name and profile picture, connected to e.g. journalistic publications under explicit editorial responsibility, will not be deleted or pseudonymised. This data may also be shared with, or transferred to, the organization of which you are or were a representative.
If you object to the processing of your personal data for direct marketing, Ifrågasätt will erase your personal data that is processed for this purpose as soon as possible.
2.5 Ifrågasätt may use your personal data for automated decision-making, including profiling, in parts of its Services. Such decisions will not result in legal consequences for you and will not significantly affect you in any similar way.
Why does Ifrågasätt collect data for profiling?
The purpose of any profiling that Ifrågasätt may carry out is to optimise and improve such aspects as article recommendations and marketing aimed to you. It is our intention that such profiling will improve your user experience and that you will receive more relevant information and that any marketing that you may perhaps not be interested in will be reduced.
2.6 Ifrågasätt may disclose personal information to other companies, including subsidiaries. Personal data may also be disclosed to Ifrågasätt’s customers and partners, such as publishers that use the Services and where you have used your Ifrågasätt Account, as well as to our selected partners for customer analysis, marketing, profiling and identification.
Examples of situations when your personal data may be transferred to third parties are when such action is required due to law, disputes, requests or decisions from a public authority or after a request by you, alternatively when so is required in order to fulfil Ifrågasätt’s legitimate interest. Ifrågasätt remains personal data controller for the personal data provided to the third parties, while the third parties, depending on the circumstances, become independent personal data controllers, personal data controllers joint with Ifrågasätt or personal data processors to Ifrågasätt.
3. Your Rights
3.1 You are entitled to issue a written request for access to the data relating to you. The request must be issued in writing and signed.
3.2 You are also entitled to ask for incorrect or incorrectly processed data to be corrected or, in certain circumstances, restricted.
3.3 You are also entitled to ask to have your data erased, for example if it is no longer necessary for the purposes of the processing. However, there may be legal requirements or contractual relationships that prevent Ifrågasätt from deleting the personal data. For further information on deletion of personal data, see paragraph 2.4 of this policy.
3.4 You are entitled to object to personal data processing at any time if the legal basis of the processing consists of a balancing of interests. If Ifrågasätt’s legitimate interest in the processing outweighs your interest in protecting your privacy, Ifrågasätt is nevertheless entitled to continue processing the personal data despite your objection.
3.5 You are also entitled to receive an extract of the personal data that you have provided to Ifrågasätt or transfer it to another personal data controller (right to data portability), provided, inter alia, that such is technically possible.
3.6 Ifrågasätt Media Sverige AB, 559020-8624, is the personal data controller for processing your personal data and can be contacted at Ifrågasätt Media Sverige AB, Box 940, 220 09 Lund or at info@ifragasatt.se.
Requests for access to personal data, correction of personal data or exercise of any of the other rights referred to in the above paragraphs must be issued in writing and sent to Ifrågasätt’s postal address or to info@ifragasatt.se.
3.7 If you consider that your personal data have been incorrectly processed by Ifrågasätt, you can file a complaint with the Swedish Data Protection Authority and request legal redress. The contact details for the Swedish Data Protection Authority are Integritetsskyddsmyndigheten, Box 8114, 104 20 Stockholm or imy@imy.se.
4 Changes/Updates and Applicable Law
4.1 Ifrågasätt reserves the right to amend and update this policy. In the event of substantial changes to the policy or if existing data shall be processed in a manner other than as specified in the policy, Ifrågasätt will provide information on this in a suitable manner.
4.2 This policy shall be subject to the laws of Sweden.
Data protection officer: dso@ifragasatt.se