Membership Terms and Conditions for Ifrågasätt
Version 2.0, Published: 2019-10-28
Membership Terms and Conditions between Ifrågasätt Media Sverige AB, 559020-8624, referred to hereinafter as “Ifrågasätt”, and the natural person who registers for membership in Ifrågasätt and uses the company’s services, hereinafter referred to as “a member” or “the member” (“the Membership Terms and Conditions”).
1.1 The Membership Terms and Conditions apply to use of services and information that become available through membership of Ifrågasätt and its services. Ifrågasätt provides services and information for visitors and members. Some of the services and information are available to all visitors, but some services such as writing and posting comments, etc. can only be benefited from or used with a membership.
2.1 The services must only be used for private purposes or when a written power of attorney exists for the member to express him or herself on behalf of, for example, a company or an association, etc.
3.1 Only one (1) membership may be registered per natural person.
3.2 The age limit is 16. Persons under the age of 16 may be granted a membership with the approval of a guardian.
3.3 By registering, the member grants his or her consent to the use of his or her real name and location when publishing on the services. This information is automatically collected from the national population register and may be updated on a continuous basis by Ifrågasätt.
3.4 A person who wishes to become a member must register the information required by Ifrågasätt. Registration leads to membership for Ifrågasätt’s services. By registering, you agree to the Membership Terms and Conditions. Please note that the Membership Terms and Conditions may be amended and you should therefore read through the Membership Terms and Conditions at regular intervals.
3.5 All material published by the member via the services may also include automatic publication on other applicable websites/media operated by the owner of Ifrågasätt or its partners. Such information may also be used for external information and marketing. Through the membership, the member accepts that Ifrågasätt uses the information published by the member in the manner set out above and that no amount is payable to the member in that respect.
4. The members’ responsibilities and obligations
4.1 The member is responsible him or herself for ensuring that what the member writes or otherwise publishes in the services and that the use of the service complies with the Membership Terms and Conditions. The Member is also aware that all comments published via the service become publicly visible and that these comments cannot normally be edited or removed by the member him or herself.
4.2 The member is responsible, him or herself, for ensuring that the personal data provided by the member is correct and he or she is responsible for contacting Ifrågasätt if data is changed and needs to be updated.
4.3 A member who is in breach of the Membership Terms and Conditions or an applicable law risks a warning, suspension or termination of his or her membership (see paragraphs 6 and 8).
4.4 The member is responsible for not using the services for the purposes or in the manner described below.
(a) Publication of commercial or private advertisements via the services for the purpose of making money or obtaining other benefits. This includes advertisements for buying and selling as well as other types of advertisements.
(b) Publication or dissemination of copyrighted material without the originator’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. Posting material via the services through an alternative account is also not permitted if a person is suspended from the services.
(g) Harassment, direct or covert directing of threats or personal attacks against other members or persons.
(h) Promotion, encouragement or performance of drug trafficking (buying, selling, exchanging, giving, etc.).
(i) Dissemination or linking to malicious code, including computer viruses.
(j) Request for or dissemination of information on persons with protected personal data.
4.5 The member is responsible for not providing unauthorised access to the services and for ensuring that information to which the member has gained access through the services is not used for unauthorised purposes, destroyed or corrupted.
4.6 Login details for membership must be protected to prevent third parties gaining access to the data. The member therefore undertakes to protect this data and treat the data as a personal valuable document. If the password has been lost or the member has reason to believe that the password may have become known to another person, this must be reported without undue delay. Ifrågasätt will, as soon as is practically possible after having received such a notice, block the user name and thereby access to the services or provide a new password that is communicated to the member.
4.7 Ifrågasätt is entitled to receive damages due to abuse by the member or conduct by the member that is in breach of the Membership Terms and Conditions.
5. Ifrågasätt’s responsibilities and restrictions
5.1 In order to maintain the services and verify that the member complies with his or her obligations under the Membership Terms and Conditions, Ifrågasätt has a right, though not an obligation, to review information and data that the member communicates or publishes via the services. Ifrågasätt reserves the right to remove or modify, without prior warning, any information that is in breach of the Membership Terms and Conditions as they are applicable at any given time or an applicable law or that may constitute a basis for liability for Ifrågasätt.
5.2 Ifrågasätt is required to remove publications with the contents listed in paragraph 4.4 of the Act (1998:112) on responsibility for electronic bulletin boards.
5.3 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 is it liable for compensation for any other defect in the services.
5.4 In the event of any questions or problems regarding membership, Ifrågasätt will provide the member with reasonable assistance through email support: firstname.lastname@example.org.
5.5 Ifrågasätt cannot guarantee the contents or assume liability for any information made available via the services. Ifrågasätt does not carry out any prior checking or censorship of the information made available via the services. Ifrågasätt does its best to maintain the services in an optimum manner. Furthermore, Ifrågasätt assumes no liability for the use of the services by the member or another person or for any information or data that the member or another person records, publishes, copies, receives, sends or makes available in any other way.
5.6 Ifrågasätt ensures that it maintains and safeguards the services in an optimum manner, but assumes no liability for loss or corruption of the data or information conveyed via the services. Ifrågasätt cannot be held liable for any unauthorised or authorised intrusion, destruction or corruption of information or resources in the member’s, in Ifrågasätt’s or in another person’s services.
6. Warning and suspension
6.1 Warning. In the case of minor breaches of the Membership Terms and Conditions, Ifrågasätt or its partners may warn the member and ask the member to take action within a reasonable time.
6.2 Suspension. In the event of repeated warnings or more serious breaches of the rules of the Membership Terms and Conditions, Ifrågasätt or its partners are entitled to suspend a member temporarily from all or part of the service. A member may be suspended for up to one month at a time. Any credits or services paid for are non-refundable.
6.3 In the case of a particularly serious breach of the Membership Terms and Conditions, Ifrågasätt or its partners are entitled to suspend the member from all or part of the services immediately for a period of more than one month or indefinitely. Any credits or services paid for are non-refundable.
6.4 Repeated warnings that are not obeyed will result in suspension.
6.5 Members who seek to thwart free debate via the service by systematically publishing posts of excessively low quality or lack of any basis for debate may be suspended.
6.6 Under-age members (under the age of 16) who lack the approval of a guardian will be suspended.
6.7 Members who publish posts on the services using another person’s identity will be suspended and may be reported to the police.
7. Personal checks
7.1 When registering, but also continuously during the use of the services, Ifrågasätt may carry out personal checks on the member to ensure that the member’s name, location and any other information provided is accurate and up-to-date.
8. Term, change and termination of membership
8.1 Membership is valid until further notice. A member may terminate his or her membership by contacting support via the email address: email@example.com. Any credits or services paid for will not be refunded upon termination of the membership.
8.2 If the member provides incorrect contact information or makes no use of the services for an extended period (of at least 12 months), Ifrågasätt is entitled to allow the membership to lapse without prior notice. Any credits or services paid for are non-refundable.
8.3 Ifrågasätt has a unilateral right to amend the Membership Terms and Conditions.
8.4 Ifrågasätt is entitled to terminate membership in the event of any breach of the Membership Terms and Conditions.
9. Cooperation with the police and other authorities
9.1 Ifrågasätt will not disclose to any person and will also prevent another person from accessing information on the member held by Ifrågasätt in addition to what is stated in the Membership Terms and Conditions. However, this does not apply if Ifrågasätt, pursuant to the Membership Terms and Conditions or by law, is entitled or obliged to provide such information and/or data on the member to another person, for example, the police or other public authority.
10. Transfer of membership/agreement
10.1 Since membership is personal, a member cannot transfer it to a third party. Ifrågasätt is entitled to assign the agreement on membership and the rights and obligations relating to services deriving from the agreement to a third party.
11. Applicable law and dispute resolution
11.1 This agreement shall be subject to the laws of Sweden. Any failure to agree on the interpretation or implementation of this agreement shall be resolved by negotiation in the first instance. If the parties fail to agree, the disagreement shall be settled before a general court. Disputes shall be settled by Malmö District Court as the court of first instance.
Personal Data Policy for members of Ifrågasätt
1.1 Ifrågasätt and its partners process the personal data of the member (i.e. the natural person who registers for membership in Ifrågasätt and uses the company’s services) to be able to offer the member a comments service and services relating thereto. Ifrågasätt processes the personal data in order to ascertain the member’s identity, manage the customer relationship, prevent abuse or improper use of the service, 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 the member. Ifrågasätt processes the following personal data attributable to the member: 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 on the member’s computer/device such as IP address, browser and visiting history.
2. Processing of personal data
2.1 Ifrågasätt processes the member’s personal data for two main purposes:
(i) Provision of the service
To enable the service to be provided for the member, including but not limited to the member’s ability to comment via the service.
To be able to aim marketing at the member, either by ourselves or via a third party or to enable a third party to aim marketing at the member.
2.2 Ifrågasätt processes data that was provided and registered at the time of the member’s registration and data that is provided, recorded, collected or published via Ifrågasätt’s services. Ifrågasätt also collects information on the member from third-party sources. This is mainly done at the moment when the member registers, but can also take place on a continuous basis. 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 mainly done at the moment of registration to ascertain the member’s identity and to name the account. In addition to this data, Ifrågasätt also collects contact details if these are available at Ifrågasätt’s suppliers to allow further checks and communication with the member. In the case of non-individually based data, this is obtained in order to improve recommendations and any eventual marketing, for example.
2.3 In order to enter into and manage the membership, Ifrågasätt collects and processes personal data belonging to members and persons applying to become members. The legal basis for Ifrågasätt’s processing of personal data is that it is necessary for the performance of the membership agreement or to adopt measures before such an agreement is entered into. If the member fails to provide the personal data Ifrågasätt requires, Ifrågasätt is unable to offer our comments service or services relating thereto.
Ifrågasätt also collects and processes personal data belonging to members for the purpose of quality assurance of our business activities, contacting members and/or offering and marketing our, or a third party’s, services or products to the member. The legal basis is that the processing is necessary for Ifrågasätt’s legitimate interest in being able to develop our business activities and meet the member’s needs and market services and products that are of interest to the member. Ifrågasätt’s interest in processing personal data for this purpose takes precedence over the member’s possible interest in protecting his or her personal privacy in view of the potential benefits to the member of quality assurance and marketing.
In addition to the above, Ifrågasätt may process personal data on the basis of consent, which, in that case, will be obtained from the member separately from this policy.
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.
During the membership, Ifrågasätt saves personal data relating to the member but makes corrections if necessary.
Six months after the member’s membership has ended, automatic sorting out of personal data that is not outwardly visible in the service (email address, postal code, etc.) is carried out. Nine months after the end of the membership, sorting is carried out of Ifrågasätt’s logs of all of the member’s personal data (IP address, geodata, etc.). Twelve months after the end of the membership, sorting is carried out of all remaining personal data apart from the member’s name, postal location and alias.
If, after his or her membership has ended, the member wishes to have all of his or her personal data erased, Ifrågasätt will, as far as possible, carry out a pseudonymisation of the member’s data. Details on the member existing in other members’ comments are not included in the membership of the member cancelling his or her membership and will not be deleted. Ifrågasätt will also retain a so-called “identifier” to prevent the member’s personal identity number from being re-registered. The identifier is created in such a way that it cannot be related to the member. If the member objects to the processing of his or her personal data for direct marketing, Ifrågasätt will erase the member’s personal data that is processed for this purpose as soon as possible.
2.5 Ifrågasätt may make use of personal data for automated decision-making, including profiling, in parts of its service. Such decisions will not result in legal consequences for the member and will not significantly affect the member 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 at the member. It is hoped that such profiling will improve the user experience and that the member will receive more relevant information and that any marketing that the member 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 newspapers that use Ifrågasätt’s services and where the member has used the service, as well as to our selected partners for customer analysis, marketing, profiling and identification. The data may also be transferred for processing outside the area of the EU/EEA to a State that does not have the same level on protection of personal data. Ifrågasätt is committed to protection of personal data and will take the necessary steps to ensure that such transfer takes place in a lawful manner and that the personal data continues to be protected by the receiving parties including outside the EU/EEA.
Why does Ifrågasätt want to disclose my data to others?
Ifrågasätt will not sell individual members’ personal data, comments or similar information to any external company. We place great value on our members and are strongly committed to protecting members’ privacy.
Transfer to other persons may take place to enable Ifrågasätt to develop and improve its existing services and to introduce new products and services. Since much of Ifrågasätt’s product development takes place in close collaboration with our customers, there are times when certain data may be shared with the aim, for example, of optimising the user experience, improving integration at our customers, etc. Since in some cases Ifrågasätt may accept help from external companies, for example to optimise our article recommendations, data may be transferred to those suppliers to enable them to deliver their services.
Why does Ifrågasätt want to be able to transfer data to companies or States outside the area of the EU/EEA?
In order to comply with the General Data Protection Regulation (GDPR), companies must clearly state whether personal data may be transferred, stored or processed outside the area of the EU/EEA. For Ifrågasätt’s members, this takes the form of use by Ifrågasätt of suppliers and services where data may be processed or stored outside the area of the EU/EEA. One example of this is the support tool used by Ifrågasätt’s moderators. This tool may save data in the USA and in that case the member’s personal data may therefore be saved outside the area of the EU/EEA. Nevertheless, Ifrågasätt cares about the member’s personal data and will ensure that necessary agreements are in place with each supplier to regulate and protect the processing of the member’s personal data in the best possible manner.
3. The member’s rights
3.1 The member is entitled to issue a written request for access to the data relating to the member. The request must be issued in writing and signed.
3.2 The member is also entitled to ask for incorrect or incorrectly processed data to be corrected or, in certain circumstances, restricted.
3.3 The member is also entitled to ask to have his or her 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 The member is 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 the member’s interest in protecting his or her privacy, Ifrågasätt is nevertheless entitled to continue processing the personal data despite the objection.
3.5 The member is also entitled to receive an extract of the personal data relating to the member that the member has provided to Ifrågasätt and to store the data 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, 040-370 360 or at firstname.lastname@example.org.
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 email@example.com. Data portability requests can also be accessed via the member’s profile page, under “inställningar” (settings).
3.7 If a member considers that the member’s personal data has been incorrectly processed by Ifrågasätt, the member can file a complaint with the Swedish Authority for Privacy Protection and request legal redress. The contact details for the Swedish Authority for Privacy Protection are Integritetsskyddsmyndigheten, Box 8114, 104 20 Stockholm or firstname.lastname@example.org.
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: email@example.com