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Terms and Conditions


These terms and conditions (the ”Terms ”) governs your access to and/or use of the Service (as defined below) that Kreditz AB (reg. no. 559148-2400), as well as its subsidiaries and affiliates (“Kreditz”, “we”, “us” or “our”) provides to you. Kreditz is a limited liability company established in Sweden with its registered office at Mailbox 517, 114 11 Stockholm, Sweden. These Terms and Kreditz’ Privacy policy and any additional terms that you agree to, constitute an agreement and the entire agreement between you, i.e. the user of the Service (the “user” or “you”) and Kreditz (together the (“Agreement”). Please read the following information carefully before using the Service.


1. Acceptance of the Terms and changes


1.1 By accessing or using the Service, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree with the Terms, do not use the Service.
1.2 Kreditz reserves the right to modify these Terms at any time, in its sole discretion. Where we deem such changes to have a material adverse effect on you, we will notify you in advance of any changes at least one (1) month before such changes enter into force, by email or by posting of the updated Terms on our website. Your continued use of the Service after any changes of the Terms has entered into force will be deemed as an acceptance of the updated Terms. The updated Terms will apply going forward and not with retroactive effect. If you do not accept the changes to the Agreement you may, no later than the entry-into- force of the relevant changes, terminate the Agreement free of charge and with immediate effect.


2. The Service


2.1 Kreditz’ service enables you as a consumer to connect to your bank account(s) and receive a real-time financial score and credit profile based on your transaction history according to your bank account(s). You as a consumer can, when using the service, decide to share your financial score and transaction history safely to other users and third parties such as banks, credit institutions and others in connection with requests to do so for instance before entering into transactions with you or providing you with services online, such as loan and credit applications, account confirmations for payouts and KYC (Know Your Customer) processes (the “Service ”)
2.2 You access the Service via your own internet bank(s) or similar. With your prior explicit permission, we will extract the relevant personal and financial data from your internet bank(s) as necessary for us to provide the Service. This may include your name, national identification number, account number, contact details, monthly cash flow (salary and expenses), payers and payment recipients, overdrafts, loans and other transactions. The data is compiled into a real-time financial score, which you can share to other users and submit to the third party with which you have agreed to share your data via the Service. As part of such report, we may highlight and emphasize certain of the information described above that we consider important for the purpose of assessing your identity and financial status and capability. This may include, without limitation, your account balance on various dates, salary and other income, number of credits and loans, monthly savings, housing costs, investments and similar. To provide an as accurate view report as possible of your financial status and capability, we collect information from all your payment accounts (i.e. typically your salary account and accounts that are used to make transactions, such as credit card accounts) as well as information from other accounts such as savings accounts, loans, mortgages, and investment accounts available via your internet bank(s).
2.3 The execution of the main elements of the Service (i.e. collection, structuring and delivery of your information) will not take more than a few seconds to a few minutes per occasion that you use the Service. After such period of time, Kreditz no longer has access to your internet bank(s). Except for providing access to the Account Information (as defined in our Privacy Policy), you don’t need to provide Kreditz with any information to use the Service.


3. User’s obligations


3.1 As a user of the Service, you warrant and agree to comply with the following:
A.You will use the Service only for purposes that are permitted by and in accordance with:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
B. You are the rightful holder of the specified bank account(s) and have the right to make available relevant information from your internet bank(s) to us and share it with relevant third parties, including information on accounts you may hold together with someone else.
C. You have the sole responsibility for protecting the confidentiality of your personal security information, such as your internet bank(s) log in credentials.
D. You are at least 18 years of age and have legal capacity to enter into these Terms.
E. Any use of the Service by any other person, or third parties, is strictly prohibited. You agree to immediately notify Kreditz of any unauthorized use or any breach of security of which you have become aware.
F. You will not use the Service for any illegal and/or unauthorized use.
G. You acknowledge and agree that any automated use of the Service is prohibited.
H. You will provide true, accurate, current and complete information, including information on all transactions and payment recipients, for the specified bank account(s) and time period, as extracted from your account statement with your internet bank(s) or similar, and will not fraudulently withhold or modify such information.
I. You will not decompile, reverse engineer, modify or disassemble any of the software aspect of the Service except and only to the extent permitted by applicable law.
3.2 If you do not comply with this Section 3 you are not entitled to use the Service. In case you use the Service in breach of this Section 3 or if the use may cause damage to Kreditz or a third party, Kreditz is entitled to immediately suspend access or terminate the Agreement by notifying you thereof in writing.


4. Communication and technical requirements


4.1 You agree that all communication with Kreditz in relation to the Service shall be conducted online and by e-mail and that the Agreement will be concluded in the English language. Kreditz’ primary language for communication with you is English. However, upon your request and where available, you will get any such communication in the official language of your country of residence.
4.2 To use the Service, you need to have access to a smartphone with an internet connection and the ability to download apps from the App Store or Google Play.
4.3 Failure to comply with these criteria may result in extra sessions due to lack of quality in the technical performance of the Service. Kreditz is not responsible for any faults in the Service arising due to you not having the necessary equipment, hardware or software and/or internet capacity. Kreditz reserves the right to change the technical requirements from time to time.



5. Privacy and personal data


5.1 As part of providing the Service to you, we need to collect and use certain personal data about you. Our privacy practices can be found here Privacy Policy.


6. Limitation of liability


6.1 Unless otherwise stated in applicable law that Kreditz may be subject to, you understand and agree that Kreditz, its affiliates, employees, agents, contributors, other users and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
6.3 In no event, unless otherwise follows from mandatory laws, shall Kreditz’ total liability arising out of or in connection with the Service or these Terms, however arising, including under contract, tort, under statute or otherwise, exceed USD 100.


7. Disclaimer of warranties


7.1 Although Kreditz’ intention is to provide the best possible service, Kreditz cannot guarantee the availability of the Service or the reliability or accuracy of the information that is presented through the Service. Kreditz cannot be held accountable if the Service is not available or if any information or functionality does not work as expected.
7.2 Kreditz makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, (v) any errors in the technology will be corrected, or (vi) that any third party making decisions based on information about you received via the Service will be accurate, in your favour or otherwise meet your expectations.
7.3 Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Kreditz expressly disclaim all warranties of any kind as to the service and all information included in or accessible from the Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights.


8. Indentification


You agree to protect and fully compensate Kreditz and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Service, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.


9. Intellectual property


9.1 Kreditz, Kreditz’ suppliers and/or its licensors holds all rights, including intellectual property rights (including but not limited to trademarks, copyright, designs inventions, patent and source code and functions in the Service), in the Service. These Terms does not transfer any intellectual property from Kreditz to you, and all right, title and interest in and to such property will remain solely with Kreditz. Kreditz AB, kreditz.com, the logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Kreditz.
9.2 Your use of the Service grants you no right or license to reproduce or otherwise use any Kreditz or third-party trademarks.


10. Force majeure


You expressly release Kreditz from any delay or failure of performance if and to the extent caused by circumstances that are not reasonably foreseeable or otherwise caused by or under the control of the party claiming force majeure, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage, terrorism, vandalism, accident, restraint of government, governmental acts, injunctions, labor strikes, and other like events, despite such party’s reasonable efforts to prevent, avoid, delay or mitigate the effects of such acts, events or occurrences, and which events are not attributable to the party’s failure to perform its obligations under these Terms.


11. Miscellaneous


11.1 If for any reason a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms will continue in full force and effect.
11.2 For questions regarding these Terms or the Service, please contact us by e- mail at legal@kreditz.com. Please do not include personal or financial account information when contacting us by e-mail.


12. Term and termination


This Agreement enters into force when you accept these Terms and remains in force until terminated by either party. You may terminate the Agreement free of charge at any time by deleting your account in the Service or by written notice by sending an email at info@kreditz.com. Subject to any other right of termination described in these Terms, Kreditz will give you one (1) month prior written notice of termination should Kreditz wish to terminate the Agreement.


13. Complaints


13.1 We are committed to ensure that you receive a high-quality service from us. In the event that you are dissatisfied with our Service or believe an error has occurred when using the Service, please contact us as soon as possible. For full details of our complaints procedure, or to submit a complaint, you can contact us at privacy@kreditz.com.
13.2 We will handle your complaint promptly and aim to resolve any complaint within 30 days from the date we received the complaint. If we due to special reasons are unable to provide you with a response within 30 business days, we will notify you of such reasons and may extend our response period to up to 60 days. If you do not receive our final response or you are unhappy with our final response, you can, if you are located in Sweden, contact Allmänna reklamationsnämnden to file a complaint at Box 174, 101 23 Stockholm, e-mail arn@arn.se . You should do so within 6 months from the date of our final response. If you are resident outside Sweden, you may also have the right to refer your complaint to the local ombudsman in your country and follow the local out of court and redress procedures to register your complaint. Further information for EU-residents can be found on the website of the European consumer financial complaints network at https://ec.europa.eu.


14. Governing law and dispute resolution

The Terms and the relationship between you and Kreditz shall be governed by and construed in accordance with the laws of Sweden, without giving effect to conflict of law principles, subject to any mandatory provisions under the laws of your country of residence. In the event that the application of Swedish law would be
contrary to national law in the country where you are domiciled such national law shall apply, to the minimum extent possible, to the Terms. The courts of Sweden or the courts of your country of residence, at your choice, shall have jurisdiction over any dispute, controversy or claim arising out of or in connection with the Terms or the relationship between you and Kreditz.

Privacy Policy


When you use the service(s) provided by Kreditz, you trust us with your personal data. That’s why your personal data is our priority. This privacy policy (the “Privacy Policy”) describes the information we collect, how it is used and shared, and your choices regarding this information when using our service(s) or websites and apps (the “Service“).


When using the Service, we will process your personal data in accordance with this Privacy Policy. Therefore, please take time to read this Privacy Policy and our Terms and Conditions thoroughly before using the Service.

Kreditz AB (“Kreditz“), reg. no. 559148-2400, is responsible for the processing of the personal data that is collected by it when using the Service and is therefore data controller. We process your personal data to create a real-time financial score and credit profile. The financial score reflects your financial situation based on the personal data you have decided to connect to the Service. You can agree to share your financial score within the Service to other users, and further agree to share your financial score and/or your data to Kreditz partners, whom you have started an application with or from whom you have decided to receive offers from. A detailed description of the Service is available in our Terms and Conditions. Our legal basis for the processing is described under “How do we use your personal data” below. If you have any requests concerning your personal data or any queries regarding this Privacy Policy, please contact us at privacy@kreditz.com or by ordinary mail at Kreditz AB, Att: Legal, Mailbox 517, 114 11 Stockholm, Sweden


PERSONAL DATA WE COLLECT


Kreditz may collect and process the following information that you share with Kreditz or that Kreditz collects when you are using the Service:

a) Personal and contact details such as personal identification number or similar, name, address, age, gender, telephone number, e-mail address;

b) Financial information such as the name of your bank, bank account number, number of accounts, loans and up to 24 months of transactional history (transaction, payer and recipient of payments, amount, balance and date), including monthly cash flow (salary and expenses), overdrafts, and information on loans, mortgages and trading accounts (see more under the section “What are the sources of information?” below);

c) Technical information related to your device that you are using when using the Service, such as type of browser, IP address, type of device, operating system;

d) Information about queries and complaints: Information you chose to share with as in connection with submitting a query or request to us; and

e) Information used to administer the contractual relationship with you and B2B-clients: If you are a representative of a company who is a customer or partner or potential customer or partner of Kreditz, we may collect information that you share with us via e.g. contact form, your interaction with our websites, or which you have agreed to share with us via our partners. This information may include your name, title, professional details, the company you represent, technical data (as defined above) and website history.


WHAT ARE THE SOURCES OF INFORMATION?


Personal and contact details as well as the financial information (together “Account Data”) is collected from your internet bank(s) you designate via the Service upon your consent. We may also get such information from a company asking you to identifying yourself or showing your financial capabilities or status (as applicable), by validating this information against the information collected from your internet bank(s). Technical information is collected when you interact with the Service or our websites.


HOW DO WE USE YOUR PERSONAL DATA?


We will use your information in accordance with this Privacy Policy and applicable laws, including data protection laws and laws on payment services, for the following purposes:


With your consent, we will use your Account Data to deliver the Service. This also includes measuring your use of the Service, detection and resolution of technical issues, ensuring and optimizing quality, keeping the service safe and secure, preventing and investigating illegal activities on the Service and enforcing our Terms and Conditions;


To pursue our legitimate interests, we may use technical information (described above) to analyze use of and improve the Service;


To establish, exercise or defend against legal claims; to respond to legal process (e.g. court order or subpoena) if we believe in good faith that it is necessary to do so; and to comply with legislation that applies to Kreditz’ business, such as accounting and tax laws; and to respond to queries, requests and complaints; and


If you are a representative of a customer or partner or potential customer or partner of Kreditz, we may use information described in “Information used to administer the contractual relationship with you and B2B-clients” above in order to (i) enter into and perform contracts with the company you represent, and (ii) pursue our legitimate interest to improve communication with you, serve you with relevant content and marketing material, such as newsletters, offers and ads. We will also process your information in a de-identified format, for analytical purposes and for future improvement of the Service.


HOW DO WE DISCLOSE YOUR PERSONAL DATA?


Personal data collected through the Service may be disclosed to the following categories of recipients:

Our partners or customers that you have agreed to share your data with via the Service. Note that after our disclosure of your data to the agreed recipient, the recipients are independently responsible for their own further processing of your personal data in accordance with their respective privacy policies.


Other companies within our group of companies, or any successors in title to our business or assets. A list of our group companies is available upon request.


To the extent necessary to provide the Service, we may also disclose your personal data to distributors of the Services, as well as service providers and subcontractors retained to perform functions on our behalf or to provide services to us, such as infrastructure providers and providers of legal, accounting, audit and other professional services. All service providers and subcontractors are prohibited from using personal data for purposes other than providing such services to us or as otherwise required by law.


We may also disclose personal data to external parties if required by law, or in response to legal requests, for example court orders, subpoenas or specific requests from law enforcement agencies, if we believe in good faith that it is necessary to do so.


Additionally, we may use and disclose information in anonymous or aggregate form (so that no individuals are personally identified) for marketing and strategic development purposes.
We take all reasonable legal, technical, and organizational measures to ensure that your data is treated securely and with an adequate level of protection when transferred to or shared with such selected third parties.


SHARING WITH RECIPIENTS OUTSIDE OF YOUR COUNTRY OF RESIDENCE


Some of the third parties identified above may be located outside your country of residence including outside the European Union/European Economic Area (i.e. in a so-called third country), in which case we will take all necessary steps required under applicable law in order for such transfer of information across borders to be compliant with applicable law. This may for example include the use of standard contractual clauses adopted by the EU Commission or ensuring that the recipient is certified under the US-EU Privacy Shield Framework.


FOR HOW LONG DO WE KEEP YOUR PERSONAL DATA?


We will retain your personal data for as long as necessary to achieve the purposes of processing described above in this Privacy Policy, which normally is up to 30 days. Where applicable law requires a certain retention time, such as under accounting or tax laws, your data will be kept for the minimum period required by such laws. Your personal data will be deleted or anonymized when it is no longer relevant for the purposes under which it was collected. Information regarding queries and complaints as well as information used to administer the contractual relationship with you and B2B-clients (as defined above) will be kept for the period of time necessary to achieve the purposes for which this information is processed or, for marketing purposes, until you opt-out from the relevant processing. Please note that your personal data, despite the aforementioned, may be stored by us on our partners’ or customers’ behalf, i.e. not for our own purposes. See more under the section “Processing carried out as a data processor” below.


SECURITY


We are committed to protecting your personal data and take appropriate measures to keep it secure and to prevent unauthorized access or use. For example, all personal data collected will be treated with confidentiality as far as possible and will, where appropriate, be transmitted and handled by applying SSL (Secure socket layer) and secure encryption procedures. AGE RESTRICTIONS

Persons under the age of 18 are not entitled to use the Service. We do not and will not knowingly collect information from any unsupervised person under the age of 18. If we become aware that we keep data about such a person, we will take all reasonable measures to delete such data, provided that we are not legally prevented from doing so.


YOUR RIGHTS


Under applicable data protection legislation, you have certain rights as a so-called data subject. The rights are listed below. Please note that the rights are not unconditional and that an attempt to invoke any of the rights listed below will not always cause us to act in accordance with the request.

Withdrawal of consent: You have the right to withdraw your consent to processing of your data. If you withdraw your consent, please note that this does not affect the lawfulness of the processing conducted prior to the withdrawal and that Kreditz may, under certain circumstances, have another legal ground for the processing and therefore may be entitled to continue the processing.

Right to access: You are at any time entitled to receive a copy of the personal data that we hold about you and information about how it is processed. Please note that Kreditz needs to, in order to be able to answer your request, be able to determine your identity. Frequent ungrounded request may result in charging you a nominal fee.
Right to rectify and restrict: You have the right to, without undue delay, have inaccurate or incomplete personal data about you corrected. Furthermore, you have the right to request that Kreditz restricts the processing of your personal data under certain conditions where, for example, you contest the accuracy of the personal data or Kreditz no longer needs the personal data for the purposes of the processing described herein.
Right to erase: You have the right to have your personal data deleted without undue delay if, for example the personal data are no longer necessary for a purpose described herein. Please note that Kreditz is not obliged to delete the personal data if Kreditz can show that the processing is necessary, for example, for delivering the Service, the establishment, exercise or defense of a legal claim or to comply with a legal requirement.
Right to object: You have the right to object to Kreditz’ processing of your personal data based on legitimate interests. If you object to such processing, Kreditz will no longer be entitled to process your personal data based on such legal basis, unless Kreditz can demonstrate a legitimate interest which overrides your interests.
Right to data portability: You may also have the right to receive the personal data concerning you and which you have provided to Kreditz, in a structured, commonly used and machine-readable format and have the right to transmit such personal data to another data controller
If you wish to receive a copy of the personal data that we process about you, if you want to exercise any of the above mentioned rights, or withdraw your consent, please contact us at privacy@kreditz.com or our data protection officer at
dataprotection@kreditz.com

If you are unhappy with our processing of your personal data you may also lodge a complaint with the Swedish data protection authority (Swe: Datainspektionen), at datainspektionen@datainspektionen.se or Box 8114, 104 20 Stockholm, Sweden, phone no +46 08-657 61 00. You may also contact the supervisory data protection authority in your country of residence, which in such case will cooperate with the Swedish data protection authority.

Kreditz reserves the right to from time to time update and make changes to this Privacy Policy. Prior to making any material changes to this Privacy Policy, we will inform you about the changes on our website www.kreditz.com/legal. Please check here regularly for any updates to this Privacy Policy.

In the event of an operational or security incident that affects information of our users, we will make required information available on our website. If you prefer to get notified via other means, please contact us at privacy@kreditz.com. Please visit our website at www.kreditz.com for more information about us and our services.


PROCESSING CARRIED OUT AS A DATA PROCESSOR


Our service to our partners and customers include that we, on behalf of the respective partner or customer, store the information that you have agreed to share with that partner or customer. We provide this storage for our partners and customers and we will not use the stored personal data for our own gains. Our partners and customers are generally using this service for the purpose of facilitating record keeping and traceability of the information they used in connection with a decision to enter into a contract with or to provide you with a service online. It is our partners’ and customers’ responsibility to use the personal data in accordance with applicable laws and they are free to delete the information from our storage at any time. For this processing of your personal data, our partners and customers (i.e. the company you have agreed to share your information with) are data controllers. We are our partners’ and customers’ data processor as we store the data on their behalf and will only use the data as instructed by our customers. For these purposes, we will always enter into a data processing agreement with our customers. If you do not want that the company you have shared your data with to store the data, please contact the relevant company.