Oyko Terms of Use and Privacy Policy

Welcome to Oyko!

Thanks for using our product and services.

1. ACCEPTANCE OF USING OUR SERVICES

The installation and use of the smartphone application "Oyko" (or, hereinafter, "Oyko app", or "App", or "Service") implies the consent of the user to these Terms of Use and Privacy Policy (or, hereinafter, the "Terms") as applicable and amended from time to time. Please read the Terms carefully.

The Terms of use presented below are the basic rights and obligations that You and Us have between Us when You use Our Services. The language of the Terms will seem legal (basically, because they are) but we still tried to make them as simple as possible for you to read, so that we are sure that You knowingly choose to enjoy Our Services under these binding Terms (which actually constitute a binding agreement between Oyko OÜ, (or, hereinafter, "Oyko", or “We”) and yourself (or, hereinafter, "You", or "User”)).

These Terms of Service apply to all users of the Oyko app.

Owner and Data Controller:

Oyko OÜ

Keemia 4, Tallinn city

Harju county, 10616

Data protection officer: dpo@oyko.eu

2. USING OYKO SERVICES

The Oyko app enables Users to create and save their loyalty cards on smartphones and to use them for digital identification. Furthermore, a User can be provided with additional services within Oyko app, such as, interactive map with points of sales' locations of loyalty Card Operators, access to accounts' current status, loyalty Card Operators' local navigation services, and so forth.

In order to use all the features of the Service, You acknowledge and agree that You will have to install the application on Your smartphone, create an Oyko ("User") Account and register loyalty and/ or club cards with the data required. When providing Your loyalty cards' numbers, You must provide accurate and complete information. Even the entry of a loyalty or club card ID/number for the specific card is sufficient

to create it within the App. However, according to specific agreements with the companies issuing and operating loyalty cards (or, hereinafter, Card Operators (e.g. retailers, airlines, hotel chains etc.)) , You might be required to enter a valid email or phone number, those used when registering with loyalty program of a Card Operator, following the receiving of a PIN code in order to validate Your personality. You should never use another person's loyalty card number in the Service. Oyko reserves the right at its own discretion to reject Users due to input of invalid address, phone or other causes.

If You create a User Account by selecting a password and providing Your email, You are responsible for all activities that occur under Your User Account. You agree to notify Oyko immediately of any unauthorized use of Your User Account or any breach of security with respect to Your User Account including Your password. Oyko will not be liable for any loss that You may incur as a result of someone else using Your User Account, either with or without Your knowledge. In addition, You may be held liable for any losses incurred by Us or another party due to someone else using Your User Account. Oyko shall be entitled to monitor Your User Account and password and, at its discretion, require You to change your password. If You use a username and password that Oyko considers insecure, Oyko will be entitled to require this to be changed and/or terminate Your User Account.

You acknowledge that You will not be able to access and use certain functionalities of the App unless You have Internet access through a GPRS, 3G, LTE or Wi-Fi connected mobile device.

We will use Our reasonable endeavors to make the App available to You at all times, but We cannot guarantee an uninterrupted or fault free service.

3. ADVERTISEMENT & LINKS

The Oyko app, and loyalty cards' information in particular, may contain links to third-party websites that are not owned or controlled by Oyko.

We cannot endorse, approve, or guarantee software, information, products, or services provided by or at a third-party resource or track changes in the resource. Thus, we are not responsible for the content or accuracy of any third-party resource or for any loss or damage of any sort resulting from the use of, or for any failure of, products or services provided at or from a third-party resource. When you use a third-party resource, you will be subject to its terms and licenses and no longer be protected by our privacy policy or security practices, which may differ from the third policy or practices or other terms. You should familiarize yourself with any license or use terms of, and the privacy policy and security practices of, the third-party resource, which will govern your use of that resource.

Oyko may allow Card Operators and third parties to place advertisement in the application. By registering with Oyko app, You expressly agree that advertisement, including personalized content, may be sent to You. Oyko expressly states that the advertising parties remain responsible for placed advertisements with

regard to both content and type of placement, and Oyko shall not assume any responsibility or liability pertaining thereto.

You expressly agree, that we may contact you through email or other electronic messaging systems with information about our or our partners’ promotions, service and offers that may be of interest to you. At any time, you can have your email removed from our marketing campaigns by unsubscribing through the unsubscribe link in all such emails.

The website name, physical address, phone number and the unsubscribe link will always be included in all promotional emails sent from our side. You will always be able to unsubscribe in one click, which will be present in all the emails parts of our advertising and marketing campaigns.

4. ABOUT OYKO SOFTWARE

Subject to Your compliance with these Terms, Oyko gives You a personal, worldwide, non-assignable and non-exclusive license to download, install and use the Oyko app on Your mobile device. This license is for the sole noncommercial purpose of enabling You to use and enjoy the benefit of the use the Oyko app, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, publish, or lease any part of the App or included software, nor may You reverse engineer, disassemble, reassemble or attempt to extract the source code of that software. The right of usage shall expire upon the termination of the legal relationship.

5. MODIFYING AND TERMINATING OYKO SERVICES

We are constantly changing and improving the Oyko app. We reserve the right to make changes to the App or part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features and functionalities of the App, and we may suspend or stop the Service altogether.

Oyko will make reasonable efforts to keep the Oyko Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Oyko reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Oyko Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Oyko Service or any function or feature thereof

Without prejudice to Our other rights and remedies, We reserve the right to temporarily or permanently suspend or disable Your access to the App at any time without notice to You in the event You breach any of the provisions herein.

In the event that We, in Our sole discretion, consider that You are making any illegal and/or unauthorized use of the App, and/or Your use of the App is in breach of these Terms, We reserve the right to take any action that it deems necessary, including terminating without notice Your use of the App and, in the case of illegal use, instigating legal proceedings.

You can stop using Our Service at any time, although we’ll be sorry to see You go. Oyko has the right to stop providing Service to You, or add or create new limits to Our Service at any time.

Where permissible under the law, Oyko has the right to terminate Your rights under Our Service without notice.

6. OUR WARRANTIES AND DISCLAIMERS

We provide Our Service using a commercially reasonable level of skill and care and we hope that You will enjoy using it. But there are certain things that we don’t promise about Our Service.

Other than as expressly set out in these Terms, Oyko don't make any specific promises about the Service. For example, we don’t make any commitments about the content within the Service, the specific functions of the Service, or its reliability, availability, or ability to meet Your needs. We provide the Service “as is”.

We do not guarantee that Oyko app will always be safe, secure or error-free or that Oyko app will always function without disruptions, delays or imperfections. Oyko is not responsible for the actions, content, information, or data of third parties, and You release us, Our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim You have against any such third parties.

In no event shall Oyko be liable to You for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit of whatever kind caused in whole or in part by use of the App or the Content, or by any failure, delay, interruption or otherwise of the provision of the App or the content, or by Our failure to perform any of Our obligations under these Terms. The Content is provided to Us by third parties and We do not guarantee that the loyalty card numbers, promotions, information and advice are accurate or valid.

To the maximum extent permitted by law, We expressly exclude all representations, warranties, obligations and liabilities in connection with the Oyko app, and the information provided therein.

Links to third-party websites and companies may appear on the App. We accept no responsibility for the availability, suitability, reliability or content of such third-party websites and do not necessarily endorse the views expressed within them.

Oyko assumes no responsibility and may not be held liable for the unauthorized duplication or usage of offers or other content or for graphics, prepared texts, logos and brands protected by third-party rights.

In addition, Oyko makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the Oyko service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Oyko is not responsible or liable for any transaction between you and third-party providers of third-party applications or products or services advertised on or through the Oyko service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Oyko shall create any warranty on behalf of Oykoin this regard.

7. INDEMNITY

You agree to defend, indemnify and hold harmless Oyko, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service; (ii) Your violation of any term of these Terms; (iii) Your violation of any third-party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and Your use of the Service.

An impermissible use is especially constituted by a User’s registration of customer cards under a false name, thereby fraudulently obtaining advantages of the Card Operator concerned. In this event it is exclusively the user who is liable vs a vis the Card Operator. In the event that Oyko is damaged by such behavior of a User, the User shall fully indemnify Oyko and hold it harmless.

8. PRIVACY AND COPYRIGHT PROTECTION

8.1 Introduction

Oyko wants to give you the best possible experience to ensure that you enjoy our service in the future. Having said that, your privacy and the security of your personal data is, and will always be, extremely important to us. So, we want to transparently explain how and why we gather, store, share and use your personal data - as well as outline the controls and choices you have around when and how you choose to share your personal data.

8.2 About this Policy

This Policy sets out the essential details relating to your personal data within Oyko. The Policy applies to all Oyko services and any associated services. The terms governing your use of the Oyko Service are defined in our Terms of Use.

From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any change to the way, we collect or process your personal data, we will provide you with more information and additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.

8.3How do we collect your personal data and what personal data do we collect from you?

Upon completing the registration (selecting password, entering email, and registering virtual cards), the user agrees that the data required to facilitate the usage of Oyko app will be stored, computerized and processed. Further features of the Oyko app may require additional personal data like name, address, date of birth, phone number, personal preferences etc. Entering such additional data will be required on an ad-hoc basis, according to specific agreements with loyalty Card Operators. Users agree to these Terms by entering such data. The usage and disclosure of such data to a third party will be subject to data privacy requirements. Oyko shall comply with all applicable laws on the protection of private data.

As part of our mission, we may use your information for the following purposes: to (i) register you for the App and create your User Account for Oyko; (ii) create your profile; (iii) provide customer service, give you information about your account, and respond to your requests; (iv) improve the Service, and make it a safer, efficient, and customized experience; (v) provide interesting offerings to you; (vi) prevent fraud & spam; enforcement of law; (vii) communicate with you.

Personal information which can be used to identify web Users qualifies as personal data. Such information includes name, address, postal address, phone number etc. Oyko uses such data only on an anonymized basis for statistical analysis.

Certain offers and information will only be processed with the consent of the User. Granted such consent, Oyko is allowed to transfer the data to partners.

If anywhere in the App personal data (e.g. name, address, phone number, email address or date of birth) are collected, it will be optional as far as possible. Such personal data will not be transferred to a third party without the explicit consent of the User. After termination of usage of the Oyko app, all User data will be deleted.

Data concerning the User behavior which may indirectly allow the identification of the User will only be transmitted to third parties if the User has consented thereto vis-á-vis the third party.

We warn that data transfer via the internet (e.g. communication via email) may entail security risks. Absolutely secure protection of the data against third parties is not possible.

The usage of Our contact data published pursuant to the imprint obligation by a third party for the purpose of sending advertisement and information material not expressly requested by Us is strictly prohibited. Oyko reserves the right to take legal actions in the case of receiving unsolicited advertisement or information, e.g. spam emails.

The application Uses localization services provided by the manufacturer of the device where available to locate the current position of the User and e.g. display it on a map. Such location-based data will not be stored on a personalized basis locally on the device or on a server of Oyko.

The User acknowledges that the data described under this section 8 may be collected either directly by Oyko, or a third party, e.g. the club or loyalty Card Operator.

By registering with Oyko, the User agrees and expressly consent that Oyko and Card Operators may collect information about the User and the User´s mobile device on an anonymized basis. Such information may include location data. Oyko and Card Operators use such data to provide location-based services such as advertisements, search results and other personalized content to the User, provided that this function is enabled by the User and his or her device. On most devices, location services may be set or deactivated on the settings menu. In the event that the User has questions regarding the deactivation of location services or the data which are being sent by the User´s device to third parties and thus transmitted, Oyko recommends that the User consult with his or her mobile network provider or the producer of the used device.

We may collect additional information if you access our App through a specific device (e.g. your mobile device’s unique identifier; information about your device’s operating system, your browser, browser or operating system language; your wireless network, and your mobile carrier).

8.4 Data retention and deletion

We keep your personal data only as long as necessary to provide you with our Service and for legitimate and essential business purposes, such as maintaining the performance of the Oyko Service, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal data for as long as you are a user of the Oyko Service.

If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain personal data, including situations such as the following:

1.If there is an unresolved issue relating to your account, such as unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;

2.Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,

3.Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.

8.5 Transfer to other countries

Oyko may also subcontract processing to, or share your personal data with, third parties located in countries other than your home country. Your personal data, therefore, may be subject to privacy laws that are different from those in your country of residence.

Personal data collected within the European Union and Switzerland may, for example, be transferred to and processed by third parties located in a country outside of the European Union and Switzerland. In such cases Oyko shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organisational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.

8.6 Children

Oyko is not directed to children under the age of 13 years.

We do not knowingly collect personal data from children under 13 years or under the applicable age limit. If you are under the Age Limit, please do not use the Oyko Service, and do not provide any personal data to us.

If you are a parent of a child under the Age Limit and become aware that your child has provided personal data to Oyko, please contact our Data Protection Officer via email: dpo@oyko.eu.

If we learn that we have collected the personal data of a child under the age of 13 years, we will take reasonable steps to delete the personal data. This may require us to delete the Oyko Account for that child.

8.7 Copyrights

Our Services and materials incorporated by Oyko on our Service are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by Oyko in our Service are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Oyko or others (“Trademarks”). Oyko or its licensors own the title, copyright, and other intellectual property rights in the Material and Service, and by using our Services, You do not acquire any ownership rights in Service or Materials contained therein. Oyko respects the intellectual property rights of others and asks Users of our Service to do the same.

If You believe that Your work has been copied and is accessible in User app in a way that constitutes copyright infringement, please contact Us to report possible copyright infringement and include the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.§ 512:

1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;

4.Information reasonably sufficient to permit Us to contact the complaining party;

5.A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Send this information to:

Oyko OÜ

Keemia 4, Tallinn city

Harju county, 10616

9. ABOUT THESE TERMS

These Terms control the relationship between Oyko and You. They do not create any third-party beneficiary rights. These Terms are valid for the whole content, features or other services that are available within the scope of Oyko app. These Terms apply to all Users of the Oyko app.

If You do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.

We are always working on adding additional features to Our Services, and because of that, and also since sometimes applicable law changes, we may revise and reissue these Terms occasionally, by posting updated Terms at http://oyko.eu/terms/en.pdf. You consent and agree to receive notices of updates of these Terms through Our posting of updated Terms on the Service. You should visit this page regularly to review the current Terms. If You do not agree to updated Terms, You should stop using Our Services and/or close Your account. Your continued use of any of Our Services will be deemed as Your acceptance of any revisions.

You agree that because of the unique nature of the App and Our proprietary rights therein, a demonstrated breach of these Terms by You would irreparably harm Us and monetary damages would be inadequate compensation. Therefore, You agree that We shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.

Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.

Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.

The use of specific features – especially those, which require an approval of additional conditions – can be limited to specific Users and/or User groups.

These Terms and their performance shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.