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Hausing Technologies OÜ terms of use

Valid from: 01.11.2019

These Terms of Use and its appendices (hereinafter referred to as the “Terms of Use”) regulate the use of the domain hausing.ee and its subdomains (hereinafter referred to as the “Website”) and the information technology system on the Websites and the services provided through it.

CONCLUSION OF THE AGREEMENT AND ITS PARTIES
1. The Website is managed by Hausing Technologies OÜ, registration number (EE101996220) (hereinafter referred to as “Hausing”). By agreeing to the Terms of Use, the Terms of Use and its appendices constitute a legally binding agreement between you (the “User”) and Hausing (the “Agreement”). The Agreement enters into force upon acceptance of the Terms of Use. Upon concluding the Agreement, all other previous agreements between the Parties regarding the use of the Platform shall become invalid.
2. By agreeing to the Terms of Use, you confirm that you have read them (including the appendices), understand the terms and agree that they are binding on you. If you do not agree to the Terms of Use, your use of the Website, its online platform and the services provided through it is prohibited.
3. The Agreement shall be deemed concluded as soon as the User has signed the Terms of Use or an offer / agreement expressing acceptance of the Terms of Use, or has created a user account on the Website and has agreed to the Terms of Use. The User and Hausing may also enter into a separate agreement for the use of the Services (special conditions) to which the Terms of Use apply.
4. Upon concluding the Agreement, the User or their representative confirms that:
  1. all information and confirmations given by them are accurate, correct, complete and relevant;
  2. they are a natural person with full legal capacity (at least 18 years old);
  3. they understand that they are acting for their own economic or professional purposes and is not considered a consumer within the meaning of the Consumer Protection Act;
  4. they have all the rights and authorizations to enter into the Agreement on behalf of the User (if a user account is created for a legal entity).
5. The correctness of the confirmations given by the User is presumed and Hausing is not obliged to check them (however, Hausing has the right to do so and require the User to provide evidence thereof).
6. Hausing has the right to refuse to enter into the Agreement with any person, even if that person has agreed to the Terms of Use.
7. The Terms of Use and its appendices are available on the Website at any time.
DEFINITIONS
1. Terms of Use – these Terms of Use.
2. Hausing – a company registered in the Republic of Estonia, Hausing Technologies OÜ, with registration number (EE101996220).
3. User – a private or legal person who is a registered user of the Platform.
4. Website – a collection of all domains belonging to Hausing (for example, hausing.ee and other websites registered under the domain name “hausing” in different top-level domains) and web documents (including images, videos, php and html files) accessible through these subdomains.
5. Platform – an integrated cloud solution on the Website for the provision of Services, including applications, software, hardware, databases, interfaces, related media, documentation, upgrades, version updates and other related components or materials.
6. User Account – User profile to use the Platform used to identify the User, to personally access the Services and to change and save settings.
7. Special Terms – an agreement specifying, amending or supplementing the Terms of Use.
8. Party or Parties – in the singular depending on the context either Hausing or the User, in the plural both.
9. Service –any service offered to the User by Hausing under the Agreement, incl. use of the Platform, separately ordered paid support services and personal data processing services.
10. Privacy Policy – an appendix to the Terms of Use that sets out the terms and conditions for the processing of personal data.
11. Content – Data, works and other materials added by users (video, photo, image, scheme, text, etc.). The Content also includes personal data that Users process on the Platform.
GENERAL PRINCIPLES
1. The Platform is an integrated software solution, cloud-based communication and management tool for economic and professional property owners.
2. Hausing is not responsible for ensuring that the Platform meets the needs of the User and the requirements arising from the laws applicable to the User. The User must make sure that the needs and requirements are met.
3. The Platform may be used only to the extent, for the purpose and for the aims for which the functionality of the Platform has been created and made available to Users or for which the same type of technology is normally used. Use must be in accordance with the Terms of Use, good practice and applicable legislation.
4. The user is not entitled to:
  1. use the Platform to commit or facilitate or incite an offense;
  2. send advertising letters, mass mailings and other Content to other Users through the Platform that is in conflict with the requirements of the Terms of Use;
  3. use the Services to monitor their availability or functionality or for other competitive purposes.
5. Hausing makes every reasonable effort to ensure that the Platform and the Services are available to the User, operate securely, reflect the latest technological solutions and are user-friendly. The User acknowledges and agrees that Hausing has the right to improve and enhance the technical architecture, security, availability and functionality of the Platform at any time.
6. By concluding the Agreement, the User consents to Hausing that the User data received by Hausing in connection with the Agreement, incl. Service usage data, company registry code, NACE code, User name, personal identification code, address, telephone, fax, e-mail, URL, contact person’s name, supplier’s name, etc., may be used by Hausing for the provision of Services and performance and management of the Agreement (incl. for issuing invoices, submitting possible claims etc.) The User also consents to the transfer of the above-mentioned data, including personal data, for processing to third parties (e.g. collection companies, law enforcement agencies, legal advisers, etc.) for the purpose of submitting, transferring, assigning, legal proceedings, etc.
7. Hausing has the right to send the User notices and offers related to the Services, which in Hausming’s opinion may be of interest or importance to the Customer. Such notices may be sent to the Hausing User on the Platform, by e-mail, regular mail or telephone. The User has the right to refuse to receive such notifications and offers by notifying Hausing in the manner indicated in the notification or by e-mail.
8. The user acknowledges and agrees that Hausing may:
  1. impose restrictions on the use of certain parts or functionality of the Platform (for example, the amount of data required to use the Services, the speed of uploading Content, the amount of Content stored, etc.);
  2. suspend or terminate the offering of the Platform and close any part of it. In the latter case, Hausing shall submit to the User an application for termination of the Agreement under the conditions set out in the Terms of Use;
  3. refuse to grant access to the Platform to any User.
DOCUMENTATION AND AMENDMENT OF THE AGREEMENT
1. 1. The Terms of Use are an integral part of the Agreement. Hausing may unilaterally impose separate additional terms and conditions (such as the Privacy Policy, price lists, price packages, user manuals, etc.), which are considered an integral part of the Terms of Use and the Agreement.
  2. In addition to the Terms of Use and its appendices, the User and Hausing may also agree on Special Terms. The Special Terms shall be drawn up in a form that can be reproduced in writing and shall also be considered an integral part of the Agreement. In the event of a conflict between the Special Terms and the Terms of Use, the Special Terms shall prevail.
  3. Hausing communicates with the Users in Estonian, unless otherwise agreed. The Agreement and other documents concerning the use of the Platform and the provision of the Services have been prepared in Estonian. Hausing may also make available translations of these documents into other languages in order to facilitate understanding of the terms. If there are any discrepancies between the Estonian version and the translation, the Estonian version shall prevail.
  4. Hausing has the right to unilaterally change the Terms of Use at any time by publishing a new version of the Terms of Use with changes on the Website.
  5. Hausing notifies the Users of the changes to the Terms of Use (incl. appendices) by e-mail indicated on the Website and in the User Account at least 30 days before they take effect. If the User does not agree with these changes, they have the right to terminate the Agreement within 30 days prior to the entry into force of the changes. If the User continues to use the Platform and the Services after the expiry of the said 30-day term, it shall be deemed that they have agreed to the amendments to the Terms of Use.
USER ACCOUNT
1. 1. A User Account is required to use the basic functionality of the platform. A User Account of a natural person may be linked to a User Account of several legal entities.
  2. The User Account is managed by the User, i.e. the User has the right to create and change the User Account information about the User and the access rights to the User Account at their own discretion. Hausing has the right and obligation to create a new User Account only if the individual User does not have access to the User Account of a legal entity and has a legal basis for gaining access to this account.
  3. Each time logging in to the Platform through their account, the User confirms that:
    1. all information and assurances given by him are accurate, correct, complete and relevant;
    2. they are a natural person with full legal capacity (at least 18 years old);
    3. they have all rights and authorizations to use the Platform and the Services on behalf of the User (if the natural person represents a legal entity).
  4. The above confirmations are presumed to be correct and Hausing is not obliged to verify them. However, Hausing has the right to verify such data and confirmations and to require the User to provide data or evidence.
  5. When creating a User Account, the account is linked to the User’s personal identification code or registry code so that each person can have only one User Account.
  6. The user must immediately inform Hausing of:
    1. the misuse of their account;
    2. the loss of their password or possession of third parties;
    3. the change of position or resignation or other reason why the User is no longer entitled to use the Platform or the Services on behalf of the User as a legal entity.
PAYMENT
1. 1. 1. Hausing has the right to set fees for the use of the Platform by publishing the corresponding price lists or packages on the Website. In order to use the Platform, the User must choose a price package suitable for them or agree to order the Service at the price specified in the price list.
    2. The User undertakes to pay Hausing for the use of the Platform and the Services provided in accordance with the selected price package and the ordered Services.
    3. Payment on the basis of the price package is made on the principle of periodic advance payment, ie the User pays for the use of the Platform for each subsequent period (usually a calendar month).
    4. Before the end of each payment period, an invoice or payment request is submitted to the User. The User must make the payment by the date indicated on the invoice or payment request.
    5. If the User has selected a price package with automatic and recurring credit card payments, Hausing will send the User an invoice at the same time as making the automatic payment. In this case, the User authorizes Hausing to debit their credit card or bank account to the extent of all fees payable in each payment period. The User also authorizes Hausing to use a third party to process payments.
    6. If the User pays on the basis of the invoice, Hausing shall issue the invoice before the beginning of each payment period in such a way that the payment term is at least one day before the beginning of the payment period. All amounts shown on the invoice are due by the date indicated on the invoice. Subsequent submission of the invoice by Hausing does not affect the User’s obligation to pay the invoice and it must be paid by the date indicated on the invoice.
    7. Hausing may allow the User to change the price package of their User Account on the Platform and order the Services. The change in the price resulting from such changes is reflected in the User’s prepayment for the next period. Hausing has the right to demand immediate payment for a higher price package or ordered Services in the case of certain price packages or Services.
    8. The advance paid shall not be refunded, including where:
      1. The User has not used the Platform during the prepaid period or has done so only partially;
      2. The User changes the price package of the Platform;
      3. The User terminates the Agreement unilaterally on the basis of the Terms of Use or law, without Hausing violating the Agreement;
      4. Hausing terminates the Agreement unilaterally on the basis of the Terms of Use or the law.
    9. If the User violates their payment obligation, Hausing has the right to restrict the User’s access to the Platform and refuse to provide the Services. At the same time, Hausing has the right to charge a fee for the period when it applies the aforementioned restrictions to the User.
INTELLECTUAL PROPERTY
1. 1. 1. Hausing owns the intellectual property rights in the Platform, the Website and any parts and elements thereof (including databases and software, business names, trademarks, trade secrets, domain names, etc.).
    2. During the term of the Agreement, Hausing allows the Users to use the functionality of the Platform for their personal or internal needs in accordance with the terms of the Agreement and for the normal purpose of the Platform. Hausing does not grant the User any other licenses or rights and the User does not acquire any intellectual property rights in the Platform or the Website.
    3. The User may not modify, copy, reproduce, distribute, process, translate, extract, transmit, include in other databases or make available to the public the Platform, the Website or their components or otherwise exercise any intellectual property rights in the Platform or Website without the prior written consent of Hausing.
    4. The User may not sublicense the use of the Platform, the Website or their components or create new intellectual property objects based on them. It is prohibited to sell, rent, license, interface with the User’s or third parties’ information technology systems or use them with any programs that interfere with or disrupt the operation of the Platform or the Website or that distort the Content without Hausing’s consent.
ACCOMMODATION SERVICES
1. 1. 1. “Accommodation Service” is a paid Service that defines the technical environment (hereinafter referred to as the “Environment”) where the Platform used by the User and its database are located and the possibility to access the Platform is created. The hosting service is not related to the use of the Platform and / or its functionality or the resolution of possible problems arising from the related data processing.
    2. Unless otherwise agreed between Hausing and the User, the use of the Platform also requires the use of the Accommodation Service.
    3. The fee paid by the User for the Accommodation Service is included in the price package selected by the User. The price of the Accommodation Service does not depend on whether the User actually used the Environment or the Platform in it.
    4. Before using the Accommodation Service, the user has the right to ask Hausing for additional information about its possibilities and usage needs.
    5. Unless otherwise agreed by the Parties, the Accommodation Service shall be provided for periods of one (1) month.
    6. The Environment is a password-protected virtual account intended for use only by the administrator of Hausing’s Accommodation Service. The user accesses the Platform in the Environment through a dedicated user interface or web browser. The User is obliged to use the Platform for their own purposes. The User is aware that only the User has access to the Platform and therefore they are responsible for all consequences associated with access passwords, etc. publication to third parties. Hausing does not monitor and is not obliged to monitor the User’s activities when using the Platform.
    7. With regard to the provision of Accommodation Service, Hausing:

creates an Environment with a suitable configuration for the User, i.e. creates a virtual account for the User and the right to access the Platform (does not include data communication activities);
installs on the Environment any Platform and other software solutions necessary for the provision of the Services for the functioning of the Platform;
maintains and manages the software in the Environment as necessary to ensure its functioning (incl. updates the Platform through the respective automatic installation application, updates and maintains the operating system and other software necessary for the operation of the Platform, checks the normal operation of the software in the Environment, etc.).
periodically makes automated backups of the Environment and the data and database of the Platform located there.

The use of the Environment requires the User to have an Internet connection (preferably with a minimum speed of 1MB/s). The Platform is located in the Environment and can be used by the User using a web browser.
At the request of the User, Hausing may provide paid ancillary services to the User (hereinafter referred to as the “Paid Support Service”). Paid Support Services include:

at the request of the User, making additional backup copies of the database / data located in the Environment in addition to the backup copies provided in the Terms of Use;
forwarding a copy of the Platform database / data to the User in the Environment;
creation of additional security channels for access to the Environment.

1. The user confirms that they are aware of the fact that due to the specifics of technologies, data processing system architecture and hardware it is not possible to ensure continuous and smooth operation of the Environment and the Environment may fail, therefore the service provider does not guarantee continuous operation and reliability. To ensure that the Environment works, Hausing analyzes the Environment and, if necessary, updates the Platform and seeks to reduce the impact of software errors.
2. The time of unplanned interruptions of the Accommodation Service in a calendar month does not exceed 8 (eight) hours.
3. In connection with the maintenance of the Environment and data backup (usually at night between 21.00-08.00), there may be restrictions and temporary interruptions in receiving the Service.
4. If necessary, short-term (i.e. up to approx. 5 minutes) interruptions may be made in the Environment at any time without prior notice.
5. The User may not, without Hausing’s consent, modify the Platform located in the Environment, the operating system running it or add other software programs or parts thereof to the Environment independently.
6. The User uses the Environment to use the Platform and related Services, incl. to record the corresponding inputs and results, while avoiding other actions that unreasonably increase the amount of data (e.g. recording movie clips using the document management function, etc.). If the User uses the resources of the Environment inappropriately, Hausing has the right to impose volume restrictions on the Environment by notifying the User thereof.
7. All actions of the User when using the Environment, which are not explicitly permitted in the Terms of Use or additional agreements entered into by the Parties, are prohibited.
8. Hausing provides support (hereinafter referred to as the “Accommodation Support”) to the User using the Accommodation Service in resolving problems arising from the Environment (excluding the Platform and / or any other Services). The purpose of such Accommodation Support is to identify, resolve and instruct technical problems / failures (hereinafter referred to as the “Incident”) of the Environment.
9. An incident is not considered to be such problems / failures due to factors outside / arising from the Environment (incl. failures in the data communication channel, failure of the User’s workstation, etc.) or a circumstance arising from the User (e.g. specific choices made on the Platform). The elimination of such non-Incident problems / faults and related instruction is considered a Paid Support Service.
10. The User’s contact person approved by Hausing undertakes to submit information about the Incident to Hausing to the e-mail pilv@hausing.eein the following form:

User name and phone number;
An accurate description of the Incident.

1. Accommodation Support is provided every day from 08:00 to 21:00. Hausing will respond to a proper notification of an Incident within two (2) hours, excluding during the non-provision of Accommodation Support (21.00-08.00), when the respective deadline is suspended. In the initial response, Hausing provides the User with information on the identified circumstances and determines the expected time for resolving the Incident. As a rule, the Incident will be resolved by Hausing within one (1) day at the latest.
2. In order to solve problems related to the Accommodation Service, the User undertakes to be reasonably available to Hausing and to answer the questions submitted by Hausing. The User undertakes to provide Hausing with the necessary, correct and sufficient information without delay and free of charge.
3. Hausing’s employees who maintain and manage the software in the Environment and / or provide Accommodation Support have entered into confidentiality agreements with Hausing.
4. The database and automatic backups of the Platform on the Environment are encrypted. Due to data encryption, Hausing employees do not have the opportunity to view the data independently without the possibility / access created by the User.
5. The elimination of some technical faults and problems requires the User to create access for the Hausing’s relevant management / maintenance employee of the Environment and / or Accommodation Support employee (Accommodation Service administrator). As a result, a Hausing employee may become aware of some of the data in the unencrypted database. Such access to unencrypted data is incidental and partial. After resolving the Incident, the User is obliged to block the granted access rights.
6. The User has the right to request access to the logs of the Platform in order to see what activities different persons (incl. Hausing employees) have performed in the database.
7. Hausing shall not be liable for any deficiencies or errors caused by the data communication connection, including loss of data, transformation, disclosure to third parties, impossibility to use the Environment, etc., or the consequences thereof, including damages.
8. Hausing is not responsible for the destruction, transformation, disclosure to third parties, etc., if it is due to the User’s use of the Platform in the Environment or to errors in the Platform used by the User.
9. Unless otherwise agreed, Hausing will back up the database / data in the Environment to a server in another location once (1) a day using an automated solution. Backups made will be retained for one (1) calendar month. Backups are used to restore database data in the Environment in case of failures / problems, if necessary. If the User so requests and submits the necessary technical data, the User has the right to receive an automatic text copy of the Platform database / data in the Environment at reasonable intervals (not more often than three (3) months).
10. When using an Accommodation Service, there is no separate transfer / receipt of this service. The Service is considered transferred to the User by granting the right of access to the Environment.
11. The Accommodation Service provided to the User and its results are related to the use of the Platform. Due to the operation of the Platform itself, as well as the technical tools and systems related to its use and the users themselves, it is not possible to rule out technical errors and malfunctions in the operation and / or results of the Platform (including adaptations of its functionality) and / or Accommodation Service. The User agrees that the operation of the Platform and / or Accommodation Service and / or the achievement of its use objectives depends to a significant extent on the User’s own activities and diligence (incl. hardware, skills and competence, backup, problem reporting, internal work organization, etc.), but also on the activities of third parties (e.g. telecommunications operators) and other software used on computers.
12. Hausing has the right to use subcontractors in the provision of the Accommodation Service. When providing the Accommodation Service, Hausing uses service providers to host the Environment, which may change during the provision of the Accommodation Service (i.e. that the Environment is generally not physically located in Hausing’s hardware, but uses cloud service providers, such as Amazon and others). Hausing carefully selects Environment hosting (cloud service) providers in order to ensure a reasonable solution (incl. the solution provided by the service provider must ensure server duplication, physical access security control and protection of existing servers, minimum 10Mbit/s data connection and uninterruptible power supply (UPS)). At the request of the User, Hausing informs the User about the service provider whose solution is used for hosting the Environment.
13. Unless the Parties agree otherwise, Hausing shall issue an invoice to the User for Paid Services at the beginning of the month following the period of provision of the respective service. The invoice is due for payment in seven (7) days.
14. Hausing submits invoices to the User as e-invoices or in PDF format. Payment will be deemed to have been made from the date of receipt of this Hausing account.
15. Hausing has the right to suspend the provision of the Accommodation Service if the User is in arrears with Hausing’s payment obligations. Hausing shall not be liable for any consequences arising from such suspension.
16. Hausing has the right to cancel the Accommodation Service agreement if the User is more than thirty (30) calendar days in arrears with Hausing’s payment obligations.
17. The User has the right to terminate a specific Accommodation Service agreement if Hausing fails to perform its contractual obligations within thirty (30) days after receiving a written request from the User to terminate such violation.
18. Termination of the accommodation service does not release the User from the performance of such obligations, which must be presumed to remain in force upon termination of the service. Termination of the Accommodation Service does not release the User from the performance of financial obligations arising in connection with the performance of the contract. The user is also not entitled to demand a partial or full refund of the amounts paid for the Accommodation Service.
19. Upon termination of the Accommodation Service, Hausing suspends the User’s access rights to the Platform.

9. SUPPORT, MAINTENANCE AND DEVELOPMENT SERVICES

1. In order to provide users with a high-quality Platform and Services, Hausing has the right to update the technological solutions underlying the operation of the Platform and the Website. Therefore, Hausing may change the Platform and the Website from time to time, as well as change the requirements for the hardware and software required to use the Website, the Platform and the Services provided through it. Hausing will notify Users of significant changes in a reasonable time, taking into account the likely impact of the change on Users.
2. Hausing may temporarily suspend access to the Platform if necessary for the purpose of modifying, maintaining or renewing the Platform, due to replacement, modification or maintenance of third parties or in other cases arising from legislation or decisions of the competent authorities. Hausing notifies the Users of regular maintenance work at least 2 working days in advance via the Platform.
3. In the event of a malfunction of the Platform which prevents the use of the Platform, Hausing shall make all reasonable efforts to rectify the malfunction as soon as possible, but no later than 48 hours after receipt of the error message. If the malfunctions are minor, Hausing can rectify them later than 48 hours after receiving the error message.

10. TERMINATION OF THE AGREEMENT

1. The User has the right to cancel the Agreement unilaterally at any time for any reason by notifying Hausing by e-mail or via the Platform, if the Platform has such a possibility.
2. Hausing has the right to cancel the Agreement unilaterally for any reason by notifying the User thereof by e-mail or via the Platform 30 days in advance. In such a case, the Agreement shall be deemed terminated 30 days after the sending of the notice of cancellation.
3. Hausing has the right to unilaterally terminate the Agreement immediately, without prior notice, if:
  1. The User has delayed the payment of fees payable for the use of the platform and provided Services for at least 30 days;
  2. The user has provided false information;
  3. A person who has used the Platform, Services or User Account on behalf of the User does not have the right to represent the User who is a legal person;
  4. The User has been declared bankrupt or reorganized, as well as if compulsory termination or liquidation has been initiated against the User;
  5. The User has intentionally or through negligence caused damage to Hausing;
  6. On other bases specified in the Agreement.
4. Either Party has the right to terminate the Agreement without prior notice if the other Party violates the Agreement and has not remedied the violation within the additional reasonable term given to it.
5. Upon termination of the Agreement, Hausing will close access to the respective User Account. Hausing has the right to delete the User Account and the Content on it.

11. HAUSING REMEDIES

1. Hausing has no obligation to control the Content added by the Users to the Platform and the User’s activities on the Platform. Hausing is not obligated to monitor the activities of the Users or the Content that they add to the Platform or share, transmit or store through it.
2. Hausing has the right and obligation under the Information Society Services Act to notify the competent supervisory authorities of any illegal activity or information provided by Users and to identify the Users to whom it provides the data storage service.
3. If the User violates the Agreement or legislation, Hausing has the right to:
  1. unilaterally and without prior notice remove the infringement or illegal Content;
  2. require the User to terminate the breach and bring the conduct or Content into conformity with the Agreement, good practice or legislation;
  3. temporarily block the User’s access to the User Account, the Platform or any part thereof, including temporarily closing the User Account;
  4. restrict the User’s rights of use.

12. LIABILITY

1. 1. Hausing offers the possibility to use the Platform “as is”. Hausing does not make any further promises or commitments to the User in addition to those expressly described in the Terms of Use, unless otherwise agreed by the Parties, for specific functions, regulatory compliance, end-use, reliability, availability or User needs available through the Platform.
  2. Hausing’s total liability for all claims related to the breach of the Agreement shall be limited to twice the Contractual Fee or actual damage, whichever is less.
  3. Hausing shall not be liable for any loss of income, economic damage or non-pecuniary damage of the User, as well as for other indirect, special, dissuasive or punitive damages.
  4. Hausing is not responsible for third parties, incl. for approvals and promises made by partners and external consultants in connection with the Services or Platform used to access or use the Services or Platform.
  5. Hausing shall not be liable for damages or other consequences arising from the following:
    1. the Website or the Platform does not work in any web browser;
    2. disputes between Users;
    3. for the validity, execution and legality of transactions made by the User with third parties through the Platform;
    4. adding Content to the Platform by the User that is not or is not used in accordance with the Agreement or applicable law;
    5. conflict with the applicable law of the processing of personal data added to the Platform by the User;
    6. management of User Accounts by the User, incl. offenses committed through the User Account or violations of the Terms of Use, regardless of whether it was a person authorized to use the User Account;
    7. changes in the applicable law and their interpretation, their effects on the Users’ business and the reflection of the respective changes on the Platform, if it is not obligatory due to the law applicable to Hausing or court decisions that have entered into force with respect to Hausing;
    8. obstacles caused by force majeure or other error or disturbance beyond the control of Hausus, which do not allow the User to use the Platform, the Website and / or the Services (for example, interruptions in the Internet connection, etc.);
    9. errors, damages or settings in the User’s devices that are not suitable for using the Platform or the Website;
    10. delays, interruptions or failures in the use of the Platform, the Website and / or the Services due to regular maintenance and / or development work;
    11. processing of data by third parties to whom Hausing has transmitted them with the consent of the User;
    12. if Hausing becomes aware of an infringement committed or continuing through the Platform, it shall eliminate or block access to it or shall actively take other measures to bring the infringement to an end or to remedy its consequences;
    13. use of Hausing’s legal remedies and damage caused to the User or a third party as a result;
    14. loss of the User Account password or access to or use by unauthorized third parties;
    15. failures and deficiencies in third party systems that affect the operation and availability of the Platform and / or the Services.
  6. Hausing offers the use of the Platform and the Services as they are and Hausing makes no warranties or representations with respect to the Platform and the Services. The User has no right to make claims against Hausing if the use of the Platform or Services contains inconvenient factors and Hausing is not obliged to correct such errors and inconveniences or create a situation where the Platform and Services would work completely without interruptions and errors.
  7. The User shall indemnify Hausing for any damages incurred by Hausing for any claims, obligations, actions, complaints, accusations, costs, expenses, etc. (including legal costs) arising out of or in connection with the User’s breach of this Agreement; or obligations under data protection law as controller of personal data.
  8. The Customer has no right to sell / rent / lend or otherwise transfer or assign the right to use the Platform or the Services or any other right or obligation provided for in the Agreement to a third party without the prior written consent of Hausing..

13. CONFIDENTIALITY

1. 1. Each Party shall keep confidential any information that comes to its knowledge as a result of or in connection with the performance of this Agreement, incl. information about the business, sales, marketing or technical activities of either Party or their customers, except information that has become public or has become known to the Party outside the performance of the Agreement.
  2. Each Party undertakes not to knowingly disclose such confidential information to any third party without the written consent of the other Party, except if required by law or if it is related to the performance of the rights and obligations of the Parties under the Agreement.
  3. The User is aware that Hausing is an information technology development company and that the free movement of development ideas is the mainstay of Hausing’s business. Therefore, the Parties agree that ideas received in the course of the realization of rights and obligations between the Parties under the Agreement, which give rise to ideas for software development, shall not be considered confidential information.
  4. The User confirms that all discounts and / or special terms and / or conditions offered to the User that Hausing may offer to the User are strictly confidential and the User may not disclose this confidential information to third parties without the written permission of the other party, except if required by law.
  5. The obligations set out in this chapter shall remain in force even after the termination of the Agreement.

14. NOTICES

1. 1. A notice of legal content submitted under the Agreement, including, for example, a notice of termination of the Agreement, shall be delivered digitally signed to the address notified by e-mail or by letter to the official address of the other party.
  2. Notices of an informative nature which have no legal effect may be sent by e-mail.
  3. Such notifications shall be deemed to have been served on the other Party:
    1. by letter three (3) days after the date of posting; or
    2. by e-mail on the day the message reached the other party’s e-mail box.

15. FINAL PROVISIONS

1. 1. 1. In case of any discrepancies between the language versions of the Terms of Use, the Estonian version shall prevail.
    2. The law of the Republic of Estonia shall apply to the contract.
    3. Disputes between the User and Hausing related to the Agreement shall be settled through negotiations.
    4. If the settlement of a dispute by negotiations fails, the dispute shall be settled in Harju County Court, Republic of Estonia.

16. ANNEXES

1. 1. 1. At present, the public annexes to the Terms of Use are:
      1. Privacy Policy

Hausing Technologies OÜ privacy policy

Valid from: 01.11.2019.

The Privacy Policy (hereinafter referred to as the “Privacy Policy“) is an appendix to the Terms of Use and uses the terms as set forth in the Terms of Use. The Privacy Policy defines the conditions, procedures, liability, etc. for the processing of (personal) data between the User and Hausing. The Privacy Policy does not cover the processing of (personal) data related to the User by Hausing in connection with the management of the contractual relationship between the parties (incl. mutual settlement).

THE ROLE OF HAUSING IN DATA PROCESSING
1. The purpose of the Services provided to the User is to make it technically possible for the User to use the data processing possibilities arising from the use of the Platform. The main purpose of the data processing related to the Platform is not the processing of personal data. Due to the functions of the Platform and the specific activities of the User, it is possible that personal data will still be processed in this way when using the functions of the Platform. In particular, it may be related to the processing of the data of the User’s employees, which is related to the accounting or the processing of the data of the User’s individual customers.
2. Hausing does not have direct control over the data processing process via the Platform and does not directly manage or monitor or control the input and processing of specific data by the User. Hausing’s role in the provision of services is primarily concerned with ensuring the functioning of the general system, which does not focus on the processing of data relating to an individual. Hausing cannot independently identify a data subject related to (personal) data.
3. The Platform enables to process the data entered by the User in the database (hereinafter referred to as the “User database”) on the basis of the choices made by the User and using standard functions. The result of data processing depends primarily on the data entered by the User and the unique choices made by the User (given orders). The data is entered into the User database at the User’s free choice and Hausing has no control or knowledge of the content.
4. In essence, Hausing does not have perceptible access to the user interface / account of the User’s Platform and the content presented in it, therefore it cannot perceive the data entered by a particular User (incl. links between individual data, personalize them, etc.), defined options and data processing results. Hausing also does not monitor the User’s activities when using the data processing functions of the Platform (incl. does not monitor the data entered in the database, the choices made and the results obtained, data sessions, etc.).
5. As the User database is encrypted, Hausing does not have the possibility to independently perceive and distinguish the data contained therein (including identifying and distinguishing possible personal data from other data).
6. Hausing’s role in processing the User’s data is that Hausing manages the technical environment (data space) in which the Platform and the encrypted database used by the User are located and where data processing or operations are performed under the control and management of the User in order for the Platform to function technically and for copies of the User database to be made systematically (usually automatically). Such copies of the User database are all encrypted in a way that does not allow the data contained in them to be reasonably used or perceived outside the User’s user interface / account (and the associated rights).
7. It follows from the foregoing that Hausing does not process personal data directly or independently, but is only indirectly involved in the process of such processing, without having direct systematic access to personal data.
8. Unless otherwise agreed by the parties, Hausing is not involved in the processing of the data entered by the User in the database in any other way than described in the Privacy Policy.
9. Due to the specific nature of Hausing’s activities, a Data Protection Officer do not need to be appointed.
CHIEF PROCESSOR
1. The chief processor of personal data is the User in whose name the personal data is processed. The User is obliged to take all measures to ensure the protection of the personal data processed and compliance with the conditions set out in the EU General Data Protection Regulation (2016/679) and other applicable legislation. The User is responsible for the consequences of non-compliance with such personal data protection conditions. If the User appoints a data protection officer, they shall immediately forward the contact details of this person to Hausing.
PROVIDING HELP TO THE USER
1. Due to Hausing’s role and its substantive ignorance regarding the processing of personal data, it also does not have a reasonable opportunity to assist the User in exercising data subject’s rights (incl. ensuring transparency, providing information and access to personal data, correcting and deleting personal data, restricting processing, transferring personal data, dealing with objections, etc.).
2. The User, for their part, shall make every effort to prevent data subjects from turning to Hausing to exercise their rights.
3. If a person contacts Hausing, claiming to be a data subject whose personal data is processed by the User and wishes to exercise their data subject’s rights, Hausing shall refer the person to the User either through the data protection contacts notified by Hausing or through the User’s contact upon conclusion of the notified Service Agreement (s). The User forwards their data protection contact address to Hausing as soon as possible to: tagasiside@hausing.ee
DATA REPOSITORY

1. The data related to the Services (User database) and the Platform are physically located in the Republic of Estonia. Specifically, they are located on servers managed by Hausing’s contractual partner AS Wavecom, registry code 10756058 (hereinafter referred to as the “Data Repository”). An agreement has been entered into with AS Wavecom to ensure data protection, to which at least similar conditions to the Privacy Policy apply.
2. In order to ensure data protection in the Data Repository:
  1. the data exchange takes place with the User and the Platform and the database located in the Data Repository through an encrypted data exchange channel and this data exchange is not monitored by the Data Repository in terms of content;
  2. the Data Repository shall use redundant hardware systems that reduce the risk of data loss in the event of hardware failure and uninterruptible power supply (UPS) systems that reduce the risk of data loss and system failure in the event of a power failure;
  3. the exact architectural creation and operation of the Data Repository are kept confidential in order to reduce the risk of external attacks;
  4. the Data Repository implements up-to-date measures and tools against anti-virus and external attacks;
  5. McAfee SIEM solutions are used for data protection, and the staff of the Data Repository constantly monitors and controls (24 h) the functioning of these security measures and responds to suspicious behavior / attacks and failures;
  6. software security patches and anti-virus updates are automatically and continuously installed as they are released;
  7. encrypted backups of the User database (usually automatically) are made to various locations in the European Union;
  8. the User databases and backups made from them are encrypted and the Data Repository has no right to decrypt them independently;
  9. the Data Repository does not have detailed knowledge of the operation of the Platform and data processing (incl. the structure and operation of the database);
  10. the Data Repository servers are located, where the User’s data is physically located, in protected (locked and guarded) premises, which are not known to the public and to which access is constantly monitored and controlled. Access to the relevant premises is restricted to specific persons competent with the data protection knowledge of the Data Repository, who periodically undergo the relevant training;
  11. does not transmit encrypted copies of the User databases to the Data Repository itself;
  12. the Data Repository is bound by a confidentiality requirement that precludes the disclosure of (personal) data.
3. Hausing does not involve any person other than the Data Repository in storing / processing (personal) data without the written permission of the User. However, if such involvement of persons proves to be reasonably necessary for Hausing to be able to engage in and develop its economic activities, but the User does not grant such permission, Hausing has the right to immediately terminate the Service Provision agreements concluded between the Parties. When other parties are involved, they will always be subject to an agreement containing the same data protection obligations as it applies to Hausing and which will ensure that adequate appropriate technical and organizational measures are implemented.

5. DATA EXCHANGE

1. Data exchange related to the processing of data in the User database shall take place by the User (through the choices and commands made on the Platform) and under their direct control. Hausing does not transfer personal data to third parties or control the content of the User’s data exchange.
2. Physical movement of the User database and its backups
  1. The User database and its backup copies move physically between the Data Repository and the User through an encrypted channel, whereby the data transfer session is generally initiated by the User.
3. Accidental exposure of Hausing employees to User data processing data
  1. The elimination of some technical failures and problems related to the operation of the Platform and data processing (incl. identification of their causes) is possible only if the respective Hausing employee (Accommodation Service administrator or consultant) has access to the User Platform user interface / account. Such access right is temporarily created by the User itself during the performance of the respective operation.
4. The administrator of the Accommodation Service may be allowed random access to some individual data in connection with the performance of the above tasks. The administrator of the Accommodation Service has entered into a corresponding confidentiality agreement and received appropriate instructions, according to which:
  1. the administrator of the Accommodation Service must do everything reasonably possible to prevent the perception of the User’s data (incl. viewing, remembering, writing, saving) and processing it outside the User’s account / database;
  2. they do not have the right to use the User’s data in any way after performing a specific task.
  3. In such a situation, the User is obliged to:
    1. arrange for the granting of rights to the administrator of the Accommodation Service only for the time and to the extent necessary to eliminate the specific failure / problem;
    2. directly monitor and register (log in) all data processing performed by the Accommodation Service administrator via the User Platform user interface / account and keep the corresponding log.
  4. Registration of data processing operations (logging)
    1. Due to the fact that Hausing, like the Data Repository, does not process personal data independently or directly, they are also not in a position to keep a corresponding register of personal data processing operations. The obligation to register (log in) personal data processing operations is performed by the User, even if the Hausing employee (Accommodation Services administrator) accidentally comes into contact with personal data in connection with the provision of technical assistance.
    2. The logs of the Platform, on the basis of which it is possible to monitor the activities of different persons, shall not record separately the processing of personal data and the circumstances thereof. Deletion of User database and backups.
    3. Hausing is related to the User’s data processing process (database and backups) as long as the User is provided with the Accommodation Service. Upon termination of the provision of the Accommodation Service to the User, the User database and all its backup copies shall be deleted within one calendar month at the latest, except for if required by law to be retained by Hausing.
    4. During the provision of the Accommodation Service, automatically backed up copies of the User database shall be kept for one (1) calendar month, after which they shall be deleted.
  5. Ensuring the security of data processing
    1. Hausing has taken and will continue to take economically reasonable measures to ensure the security of the processing of (personal) data. To this end, the technical and organizational measures used by Hausing and the Data Repository in the provision of the Services will be tested and evaluated, and new and best practices will be applied to ensure the security of data processing in accordance with the development of information technology.
  6. Notification of infringements and measures to prevent infringements
    1. If Hausing becomes aware of a personal data breach, in particular if a specific data leak has occurred in the Data Repository, as a result of which third parties have access to personalized unencrypted personal data without the User’s request or order, Hausing shall take reasonable steps to prevent such data leakage and shall immediately notify the User of such data leakage. If necessary and at the request of the User, Hausing will later describe the data leakage sufficiently in order for the User to be able to fulfill their notification obligations arising from the obligation to protect personal data.
    2. The Parties shall cooperate in good faith to resolve any problems that may arise.

6. PERSONAL DATA PROCESSING SERVICE

1. In addition to the provisions of the Privacy Policy (except for the management of the contractual relationship between the parties), Hausing and Data Repository process personal data from the User only in accordance with the instructions documented by the User and on the basis of a separately concluded agreement.
2. If the User wishes Hausing to perform the activities of an authorized processor of personal data (incl. to assist the User in fulfilling the latter’s obligations) within the meaning of the General Data Protection Regulation (2016/679) and / or to fulfill the respective obligations, the User may order a corresponding personal data processing service (hereinafter “Personal Data Processing Service”) from Hausing.
3. The Personal Data Processing Service also assists the User in fulfilling the obligations related to the security of processing, informing the supervisory authority and the data subject, data protection impact assessment and prior consultation with the supervisory authority.
4. The collection of any additional information related to personal data, preparation of documents and making them available to the User, as well as preparation, provisioning and contribution to related audit and control activities shall also be considered a Personal Data Processing Service.
5. The Personal Data Processing Service is considered to be all activities requested or required of Hausingo in connection with (or with reference to) the User’s compliance with personal data protection requirements, regardless of whether it is requested by the User, data subject, supervisory authority, court or other interested person. If the User does not wish to use the Personal Data Processing Service, they must take all necessary measures (incl. appropriate notification and conclusion of agreements) in order to prevent the submission of such wishes or requests to Hausing.
6. The precondition for the provision of the Personal Data Processing Service is that Hausing actually has the knowledge, control and real function with regard to the substantive processing of specific personal data. To this end, the User must continuously provide Hausing with detailed input on the processing of personal data (incl. describe the content and duration, nature and purpose of the processing, type of personal data, categories of data subjects, etc.). The provision of the Personal Data Processing Service may also lead to the need to technically redesign the Services provided to the User. It also presupposes that Hausing must have a continuous substantive overview of the User’s data processing. The respective circumstances and conditions shall be agreed between the parties when ordering the Personal Data Processing Service.

7. COMPENSATION FOR COSTS AND DAMAGES

1. If Hausing is forced to participate in any proceedings (incl. in a supervisory authority, court, etc.) in connection with the processing of personal data by the User, the User undertakes to reimburse Hausing in full and immediately for all related procedural costs of Hausing.
2. If the User’s breach of its obligations regarding the protection of personal data (including the performance of this agreement) imposes proprietary obligations on Hausing (e.g. payment of a fine or compensation, compliance with precepts, etc.), the User undertakes to compensate Hausing in full and immediately.

8. CONFIDENTIALITY

1. The (personal) data in the User database are confidential.
2. Both Hausing and Data Repository employees who have access to or have access to the User database and backups have entered into appropriate confidentiality agreements that exclude the disclosure of data, except for legal obligations to publish data.

9. USER CONFIRMATIONS

1. By agreeing to the Privacy Policy and / or using the Services, the User confirms that they are convinced that the processes and measures related to the Hausing Services meet the User’s expectations and enable to ensure the proper processing of personal data by the User, including agreeing that:
  1. Data processing related to the Services is under the complete control of the User. This means that Hausing does not directly process personal data and does not qualify as an authorized processor of personal data in the classical sense;
  2. Given the nature of participation in data processing, Hausing and the Data Repository have implemented appropriate technical and organizational measures to ensure compliance with the EU General Data Protection Regulation (2016/679) and related legislation and the protection of data subjects’ rights when processing personal data;
  3. The level of security offered by Hausing in the provision of the Services is, in their opinion, sufficient;
  4. The information provided in the special conditions is sufficient to demonstrate compliance with Hausing’s obligations; they shall not require Hausing to take any further action in relation to the pseudonymisation and encryption of (personal) data without any obligation to reimburse any additional costs; increasing the ongoing confidentiality, integrity, availability and resilience of systems and services; restoring the availability of and access to (personal) data in the event of a technical incident.

10. CONFIDENTIALITY

1. The User undertakes to refrain from distributing and making available the Privacy Policy. The communication and exchange of data between the Parties in connection with the fulfillment of the provisions of the Privacy Policy shall be confidential.

11. CONFLICTS

1. The Privacy Policy specifies the Terms of Use in relation to the processing of personal data, without changing the principles set out in the Terms of Use. In case of conflict with other agreements / conditions in the same field, the provisions of the Privacy Policy shall apply.

12. ENTRY INTO FORCE AND IMPACT

1. Due to the fact that Hausing cannot physically control whether or not the User processes personal data when using the Services, all Users must agree to the Privacy Policy in order to avoid ambiguity and misunderstanding.
2. If the User does not confirm the acceptance of the Privacy Terms, the User must immediately stop processing the personal data related to the use of the Platform and the Services and refrain from doing so in the future. If the consent is not confirmed, Hausing may terminate the provision of the Services to the User and cancel the Agreement unilaterally.

Hausing Technologies OÜ

+372 56 222 099
info@hausing.ee

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