1. Introduction

These Terms and Conditions, and privacy policy (“Terms”) will be applied fully and affect your use of this Website (“Service”). By using this Service, You agree to accept all Terms and conditions written here. You must not use this Service if you disagree with any of these Terms.

Minors or people below 18 years old are not allowed to use this Service.

2. Definitions

Showell Oy (“Showell”) is the provider of the software-as-a-service (SaaS) product “Service” for and on behalf of the Showell customer (“Client”).

Digital Share Room / Digital Sales Room (“DSR”) is a part of the Service. It is a private microsite managed by the Client to provide You (“Data Subject”) with access to selected collateral (“Collateral”): to open, view, and download the collateral, or otherwise collaborate with the Client.

Showell is acting as a data processor “Processor” in respect of the operation of DSR. In no way do these Terms mean that Showell is taking up a role as data “Controller”, or taking up any additional liabilities or responsibilities than as legally applicable between a controller and processor.

3. Intellectual property rights

Other than the content You or the Client owns, under these Terms, Showell and/or its licensors own all the intellectual property rights and materials contained in DSR. You are granted limited access to the material contained in DSR. Showell takes no responsibility for the material that is provided by the Client to You, and how You are interacting with it.

4. Restrictions

You are specifically restricted from all of the following:

• Using the DSR in any way that is or may be damaging
• Using the DSR contrary to applicable laws and regulations, or in any way may cause harm to the Service, or to any person or business entity
• Engaging in any data mining, data harvesting, data extracting, or any other similar activity
• Evading or bypassing restrictions or limitations set by the Client related to accessing, viewing, or downloading the Collateral

The Client may restrict access to the DSR. Any user ID and password you may have received are confidential and you must maintain confidentiality as well.

5. Collateral

In these Terms, Collateral shall mean any files Client or You choose to have made available on the DSR. Your Collateral must be your own and must not be invading any third party’s rights. Showell reserves the right to remove any such Collateral from DSR at any time without notice.

6. Privacy policy

This page informs and explains to You, the Data Subject, our policies regarding the collection, use, and disclosure of your Personal Information related to interaction with the DSR.

This Privacy policy complies with the EU General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data).

GDPR is currently the most advanced and comprehensive data protection legislation in the world, Showell uses it as the basis and benchmark for its worldwide privacy policy. In addition to GDPR, Showell takes into account other applicable data protection legislation, such as the California Consumer Privacy act of 2018, the UK Data Protection act 2018, or, the Swiss Data Protection act.

6.1. Data collection and use

If You choose to use the DSR, then you agree to the collection and use of personal information (“Data”) in relation to this policy. DSR may require You to provide your email address. DSR also collects log data from Your activities and uses cookies to store Data in your web browser.

This Data includes information such as your computer’s Internet Protocol (“IP”) address, browser version, pages (including pages of Collateral) of DSR that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

Data that Showell collects is used for:

• Providing Client notifications and analytics reports for monitoring and tracking who has accessed, viewed, and downloaded the Collateral
• Transferring the Data to Client’s other systems such as CRM
• Improving the security of DSR
• Improving the user experience of DSR

The Data is not shared with anyone else than what is described in these Terms.

We take no responsibility for Data that is collected by DSR but transferred and stored outside DSR. For such Data, we cease to be the data processor.

6.2. Your access to and control over information

You can do the following at any time by contacting us or the Client:

• See what data we have about you if any
• Change/correct any data we have about you
• Have us delete any data we have about you
• Express any concern you have about our use of your data
  
  

6.3. Cookies

Cookies are files with a small amount of data that are commonly used as an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive. Our website uses these “cookies” to collect information and to improve our Service. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of the DSR.

Cookies 

6.4. Third-party service providers

We may employ third-party companies and individuals to perform related support, development, maintenance, or analytics services.

We want to inform our DSR users that these third parties may have limited access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose and they are required to follow our strict information security guidelines.

6.5. Security

We value Your trust in providing us with Your Personal Information and are dedicated to protecting it with commercially acceptable means. This said You need to understand that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and thus we cannot guarantee its absolute security.

6.6. Links to other sites

DSR may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by Showell. Therefore, we cannot be held responsible and liable for any information that may be collected by them. You are strongly advised to review the Privacy Policy of these websites. Showell has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services.

6.7. Children's privacy

DSR does not address anyone under the age of 13. We do not knowingly collect identifiable personal information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do the necessary actions.

7. No warranties

DSR is provided “as is,” with all faults, and Showell expresses no representations or warranties, of any kind related to DSR or the materials contained on DSR. Also, nothing contained on DSR shall be interpreted as advising you.

8. Limitation of liability

In no event shall Showell, nor any of its officers, directors, and employees shall be held liable for anything arising out of or in any way connected with your use of DSR whether such liability is under contract. Showell, including its officers, directors, and employees shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of DSR.

9. Indemnification

You hereby indemnify to the fullest extent Showell from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms.

10. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

11. Changes to terms

We may update our Terms from time to time. Thus, we advise you to review this page periodically for any changes. These changes are effective immediately after they are posted on this page.

12. Assignment

Showell is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

12. Governing law & jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of Finland, and you submit to the non-exclusive jurisdiction of courts located in Finland for the resolution of any disputes.

14. About us

This Service is operated by Showell Oy, a Finnish limited liability company (Company ID FI24758801) with the HQ address at Piippukatu 11, 40100, Jyväskylä, Finland.

15. Contact us

If you have any questions or suggestions about our Terms, do not hesitate to contact us: info@showell.com