Merchant App Terms & Privacy

These Terms apply to all use of and processing of personal data carried out by SPED in connection with your use of the Merchant App provided by SPED. By using the Merchant App, you acknowledge that you have read and understood these Terms.

1. Definitions

In these Terms:

• SPED App: A digital application available on the Pos provided by SPED to natural and legal persons for ordering products and services from SPED’s Partners.
• SPED Service: Both SPED App and SPED website located at sped.delivery for natural and legal persons to order products and services from SPED’s Partners.
• SPED Customer: A user who has placed an order with the Partner through the SPED Service.
• Partner: A partner who has signed an agreement with SPED and who offers its products and delivery services, if applicable, through the SPED Service.
• Merchant App: A digital application provided by SPED for the use of its Partners to handle orders placed by Users through the SPED Service.
• Partner Content: The content provided by Partner in connection with the SPED Service. Such content may include data, information, feedback, suggestions, text, content and other materials that are uploaded, posted, or otherwise transmitted or stored in connection with or relating to the Merchant App.
• User, You: A natural or legal person using the Merchant App.

• SPED, us, we: SPED Tech Oy, Address and Contact Us, if the User is located in Finland, Sweden, Hungary, Slovenia, Cyprus And All Country.

In relation to the processing of personal data of Users in the countries mentioned above, SPED Tech Oy and the local SPED company are acting as joint data controllers. This means that both SPED Tech Oy and the local SPED company together determine the purposes for and means by which personal data is processed.

SPED Tech Oy has been appointed responsible for handling all data subject requests and questions relating to the personal data processing of the SPED group on behalf of the local joint controllers.

In relation to the processing of personal data of Users in countries other than the ones listed above, SPED Tech Oy acts as the sole data controller.

2. SPED’s Contact Details

Name: SPED Tech Oy

Business ID: ++++++

Correspondence address: All addresses and Contact Here.

E-mail address: support@sped.delivery

sped.delivery

SPED has appointed a data protection officer who You can reach through the above contact details.

3. Terms of Use

SPED provides the User with the Merchant App to facilitate Partner’s handling of each order placed by the SPED Customer with the Partner through the SPED Service, including accepting or rejecting orders, preparing the order, and providing time estimates for order preparation.

You are granted a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Merchant App in the form offered by SPED solely for the purposes outlined herein. The license granted for the iOS or Android SPED App downloaded from Apple’s App Store and Play Store is further limited to use on Apple-branded products as permitted by the App Store Terms of Service and these Terms.

To use the Merchant App, the User must create a user account following the registration instructions provided in the Merchant App using the credentials provided by SPED. The User must ensure that user account credentials are kept confidential and used securely to prevent unauthorized access.

If unauthorized access to a User’s account is suspected, the User must inform SPED immediately. The User is responsible for all activity under their user account.

The User agrees to defend, indemnify, and hold harmless SPED from any claims, actions, or demands, including reasonable attorneys’ fees, arising from the User’s breach of these Terms.

All rights to the Merchant App, SPED Service, and its components belong exclusively to SPED. The User and Partner may not copy, modify, reverse engineer, or transfer any rights in the software. Use of SPED’s trademarks is permitted only in connection with the Merchant App, and Partner must comply with any usage notices published by SPED.

SPED reserves the right to access User accounts for technical support or updates. Technical support services may be provided via email or otherwise.

The Merchant App may be temporarily unavailable for scheduled or emergency maintenance, or due to causes beyond SPED’s control. SPED may discontinue the Merchant App temporarily for urgent reasons, providing prompt notice.

The Merchant App is provided “as is” and “as available.” SPED does not warrant uninterrupted, timely, secure, error-free, or virus-free operation, nor does it guarantee specific results from its use. The Partner understands that SPED may develop the Merchant App and introduce new features during the term of these Terms.

4. Personal Data Processed and Sources of Data

Partner’s responsibilities regarding the processing of personal data of SPED Customers are outlined separately in the agreement between the Partner and SPED and shall supplement these Terms as applicable.

The personal data processed by SPED can be categorized into two main types: User Data and Analytics Data.

User Data

User Data consists of personal data collected directly from You. SPED may collect User Data when Users register for and use the Merchant App.

The following personal data collected and processed by SPED is necessary for the proper performance of the contract between You and SPED, as well as for SPED’s legitimate interests and compliance with legal obligations:

• When You register for the Merchant App and create a user account, You are required to provide SPED with a username and password.
• When contacting SPED, we collect the information You provide during communication, such as phone calls, emails, or chat correspondence.

Analytics Data

While Analytics Data is not typically used to identify You individually, it may sometimes be possible to recognize You from it, either alone or when combined with User Data. In such cases, Analytics Data may be considered personal data under applicable laws, and we will treat it accordingly.

We may automatically collect the following Analytics Data when You interact with the Merchant App:

• Device Information: Details about the technical device You use, including device type, identification number, IMEI, and operating system.
• Usage Information: Data regarding Your interaction with the Merchant App, such as time spent on the app, interactions, orders made, visit times and dates, sections visited, and search queries.

Cookies

We utilize various technologies, including cookies and web beacons, to collect and store Analytics Data and other information when Users visit the Merchant App.

• Cookies: These are small text files stored on Your device that enable us to identify visitors, improve the user experience, and create aggregate data. Cookies are used to tailor our services and information to individual User interests.
• Web Beacons: These technologies help identify website and email readers, such as verifying if an email has been read.

Cookies and web beacons are utilized to enhance the user experience and improve our services but do not harm devices or files. They allow us to better serve Users by customizing their experience on the SPED Services.

5. Purposes and Legitimate Grounds for the Processing of Your Personal Data

Purposes

We process Your personal data for the following purposes:

1. To Provide the Merchant App and Fulfill Our Contractual Obligations
   • Legal Ground: Performance of a contract and legitimate interest
   • SPED processes Your personal data to offer the Merchant App to Partner under the contract between Partner and SPED. This includes enabling You to log into the Merchant App, handle orders submitted by SPED Customers, and manage product collections.
2. For Our Legal Obligations
   • Legal Ground: Compliance with a legal obligation
   • Data processing is conducted to administer and fulfill our legal obligations, such as complying with bookkeeping requirements and providing information to relevant authorities like tax authorities.
3. For Claims Handling and Legal Processes
   • Legal Ground: Legitimate interest
   • Personal data may be processed for claims handling, debt collection, fraud prevention, misuse detection, and ensuring data, system, and network security.
4. For Quality Improvement and Trend Analysis
   • Legal Ground: Legitimate interest
   • Information about Your use of the Merchant App may be processed to enhance the quality of the SPED Service and Merchant App. This includes analyzing usage trends and conducting customer satisfaction surveys using aggregated, non-personally identifiable data whenever possible.
5. For Communication
   • Legal Ground: Legitimate interest
   • Your personal data may be used to communicate with You regarding the SPED Service and to notify You of any related changes.

Legal Grounds for Processing

SPED processes Your personal data to fulfill contractual obligations, comply with legal requirements, and pursue legitimate interests related to running, maintaining, and developing our business, as well as establishing and maintaining customer relationships. When relying on legitimate interests, we consider Your privacy rights and provide easy opt-out mechanisms for marketing communications. Additionally, we endeavor to use pseudonymized or non-personally identifiable data whenever feasible.

6. Transfer to Countries Outside Europe

SPED primarily stores Your personal data within the European Economic Area (EEA). However, due to our global operations and use of service providers, Your personal data may be transferred to, or accessed in, jurisdictions outside the EEA or Your domicile.

We are committed to ensuring that Your personal data receives an adequate level of protection in these jurisdictions. To achieve this, we implement a range of measures, including agreements with our service providers based on the Standard Contractual Clauses applicable at the time. These agreements are coupled with other appropriate technical and organizational safeguards.

For more information regarding the transfer of personal data, please feel free to contact us using any of the addresses provided above.

7. Recipients

We only share Your personal data within the SPED organization to the extent reasonably necessary for the purposes outlined in these Terms.

Outside of SPED’s organization, we do not share Your personal data with third parties unless one of the following circumstances applies:

1. For the purposes outlined in these Terms and to authorized service providers: We may provide Your data to third parties who require access to it to fulfill their contractual obligations or perform services on our behalf. In such cases, we ensure that these third parties process Your data in accordance with applicable laws and regulations, subject to our instructions, and with appropriate measures for confidentiality and security.
2. For legal reasons and legal processes: We may share Your personal data with third parties outside of SPED if we have a good-faith belief that it is necessary to comply with applicable laws, regulations, or court orders, to prevent fraud or address security issues, or to protect the interests, properties, or safety of SPED, Users, or the public, as permitted by law. Whenever possible, we will inform You about such processing.
3. For other legitimate reasons: If SPED is involved in a merger, acquisition, or asset sale, Your personal data may be transferred to the third party involved. However, we will ensure the confidentiality of Your personal data and provide notice to affected Users if their personal data are transferred or become subject to a different privacy statement.
4. With Your explicit consent: We may share Your personal data with third parties outside of SPED if we have Your explicit consent to do so. You have the right to withdraw this consent at any time free of charge by contacting us.

8. Storage Period

SPED retains the data processed under this privacy statement only for the duration permitted by law and as necessary for providing the Merchant App to You or relevant services. The storage period is determined by the type of information and the purposes of processing, and may vary accordingly.

For most personal data associated with a User’s Merchant App account, SPED will delete it after 90 days following termination of the agreement with SPED and deletion of the Merchant App account. Subsequently, some personal data related to the account may be retained only as long as required by law or reasonably necessary for legal obligations or legitimate interests such as claims handling, bookkeeping, internal reporting, and reconciliation purposes. All personal data associated with the Merchant App user account will be deleted within 10 years after the account is deleted, except for data needed in exceptional situations such as legal proceedings.

Analytics Data of Users without a Merchant App account will be stored for a period of 90 days.

9. Your Rights

Right of Access: You have the right to access and be informed about Your personal data processed by us. You can view certain data through Your user account with the Merchant App or request a copy of your personal data.

Right to Withdraw Consent: If processing is based on consent, You may withdraw it at any time free of charge. Withdrawal may limit Your use of the Merchant App, but it does not affect the lawfulness of processing before withdrawal.

Right to Rectify: You can request correction or completion of incorrect or incomplete personal data we have stored about You. Some data can be corrected or updated through your Merchant App user account.

Right to Erasure: You may ask us to delete Your personal data from our systems, unless we have a legitimate reason not to.

Right to Object: You can object to certain uses of Your personal data if they are processed for purposes other than necessary for the performance of the Merchant App or for compliance with a legal obligation. However, this may limit Your use of the Merchant App.

Right to Restriction of Processing: You can request restriction of processing, for example when Your data erasure, rectification, or objection requests are pending, or when we lack legitimate grounds to process Your data. This may limit Your use of the Merchant App.

Right to Data Portability: You have the right to receive the personal data You provided to us in a structured, commonly used format and to transmit those data to a third party.

How to Use Your Rights: You can exercise these rights by sending a letter or an email to us using the addresses provided above, including Your full name, address, email address, and phone number. We may require additional information to confirm Your identity and may reject or charge requests that are unreasonably repetitive, excessive, or manifestly unfounded.

10. Lodging a Complaint

If You believe our processing of personal data is inconsistent with applicable data protection laws, You may lodge a complaint with the local supervisory authority for data protection in Finland, the Data Protection Ombudsman (tietosuoja.fi), or with the local supervisory authority for data protection in Your country of domicile.

11. Information Security

We implement various administrative, organizational, technical, and physical safeguards to protect the personal data we collect and process. These measures include encryption, pseudonymization, firewalls, secure facilities, and access control systems. Our security controls aim to maintain an appropriate level of data confidentiality, integrity, availability, resilience, and ability to restore the data. We regularly assess and test the security of the SPED Services, Merchant App, systems, and other assets for vulnerabilities.

In the event of a security breach, despite these measures, that could potentially compromise the privacy of Users, we will promptly inform the relevant Users and any other affected parties. Additionally, we will notify relevant authorities as required by applicable data protection laws.