TERMS AND CONDITIONS OF THE BARONA’S MYBARONA SERVICE

1 GENERAL

Welcome to the Barona Oy’s (hereafter ”Service Provider” or ”we”) employee service MyBarona (hereafter ”Service”). The following terms and conditions (hereafter ”Terms”) apply to the Service. The user should review the Terms carefully before using the Service. By starting to use the Service, the User indicates acceptance of these Terms. A binding contract (hereafter ”Agreement”) is formed between the user (hereafter ”User”) and the Service Provider. By clicking the box referring to these Terms in connection with the registration process, the Agreement enters into force after the Service Provider has accepted the User’s registration. If the Service Provider refuses to issue access rights to a User applying for registration, this Agreement, or any parts thereof, will not enter into force.

These Terms apply to the online employee service maintained by the Service Provider, where the User can view/edit their personal data, find information related to their employment, read the intranet or log their working hours. When a User enters into an employment relationship, a user account is created for them in Barona’s user database, with which the User can manage their employee profile information in the Service.

User data entered into the Service is available for Barona Group Companies and, in certain specific cases described in our Data Protection Notice, to the Service Provider’s customers (e.g. potential employer seeking for suitable candidates). Such customers have concluded separate agreements with the Service Provider.

The User is entitled to use the Service for lawful and appropriate purposes in accordance with these Terms.

2 REGISTRATION AS A USER

Persons who are at least 15 years of age and are acting in the capacity of a consumer may register to the Service as Users. Persons under 15 years of age are not allowed to register or use the Service. Registration requires the User to have a valid e-mail address in order to complete the registration. In connection with the registration, the User must submit all of the information that is marked as obligatory.

Registration to the Service must be carried out personally by the User and shall not be done by providing identification details or personal data of any other person. The membership and user account that will be granted after the registration are personal and cannot be transferred.

In conjunction with the use of the Service’s own login, the User will be provided with a personal user ID and password, which the User must keep secret and must not allow a third party to use. The User must immediately notify the Service Provider if the User suspects that a third party has gained access to the User’s account, user ID or password.

The User is responsible for providing accurate information and keeping the information up to date. The User must communicate any changes in the User’s information to the Service Provider without delay, by updating their employee profile in the Service.

The Service Provider reserves the right to limit or cancel the User’s access rights, or suspend the access to the Service, at any time if the Service Provider suspects that the User’s user ID or password have been disclosed to a third party or there is another suspicion relating to unauthorized access to the User’s account.

The User may log in to the Service either:

a) with the Service’s own user ID and password; or

b) through a third-party authentication service (e.g. Google, Microsoft or Apple).

When using a third-party authentication service, the Service Provider retrieves only the basic information required for identifying the User and registering to the Service, such as name and email address. The Service Provider does not store or process passwords from third-party services.

When using a third-party authentication service, the User accepts the terms of service and privacy policies of that service. The User is responsible for the security of their third-party account and the management of access rights.

3 USER’S RIGHTS, OBLIGATIONS AND RESPONSIBILITIES

3.1 User’s responsibility relating to the use of the Service; restrictions on use

The Service is accessed via a standard web browser. The User is responsible for the acquisition, installation, maintenance and operation costs of the equipment, application and software as well as the data communication and data transfer connections required for using the Service. The User is responsible for the information security of the User’s terminal equipment, software and data connections.

The User may not:

probe, scan or test the vulnerability of the Service;
use the Service in ways that violate intellectual property rights, business secrets or privacy of third parties;
circumvent or attempt to circumvent any usage control or anti-copy features of the Service; or
use the Service in violation of applicable law.

When using a third-party authentication service to log in, the User is responsible for ensuring that:

the third-party account remains secure and accessible;
access rights to the said service remain valid;
the Service Provider is notified without delay if the third-party account is compromised or access to it ends.

If the User’s third-party account is deleted or access to it ends, the User can no longer use that login method for the Service. The User may then contact the Service Provider to arrange an alternative login method.

3.2 User’s responsibility for material and content

By registering, sending material and creating content to the Service, the User accepts and confirms that:

the material sent by the User is not illegal, offensive, threatening, indecent, derogatory or otherwise unpublishable;
before submitting the material, the User has taken reasonable measures to find and eliminate any viruses or other harmful properties;
the material belongs to the User and the User has an unlimited right to submit the material to the Service Provider and that the Service Provider is entitled to use the material free of charge in connection with the provision of the Service and/or include the material, or parts thereof, in its products/services without any financial or other liabilities; and
the User will be liable for the material submitted by the User as well as for any costs that the Service Provider may incur related to actions that a third party takes against the Service Provider or its representatives based on said material.

The User acknowledges that in certain specific cases described in the Service Provider’s Data Protection Notice, the material submitted and created by the User is made available to the Service Provider’s customers, such as potential employers, in the manner selected by the User.

4 SERVICE PROVIDER’S RIGHTS, OBLIGATIONS AND RESPONSIBILITIES

4.1 Right to change the User’s credentials and information

The Service Provider is entitled to change the User’s user ID and password as well as other information required by or related to the use of the Service if such information causes inconsistencies or overlaps in the Service Provider’s information systems or if the Service Provider has any other justified reason to make such changes.

4.2 Right to change the content of the Service

The Service Provider has the right to produce the Service in a manner that the Service Provider deems best and to make changes to the Service and its content and availability as well as the requirements set for the equipment needed for using the Service at any time. The Service Provider communicates to the User, in a way the Service Provider deems fit, changes materially and explicitly affecting the User, such as the deletion of the User’s account or credentials. The foregoing notification process is not applied in case of technical changes, such as equipment or software updates, changes relating to additional functionalities in the Service or other changes in the Service which do not materially and explicitly affect the User.

4.3 Right to modify material produced by the User and deny access to the Service

The Service Provider has the right, but not the obligation, to check, adjust or deny any material produced and uploaded to the Service by the User that the Service Provider deems inappropriate, and to modify the material produced and uploaded to the Service by the User, especially if the material does not comply with laws or good practices or these Terms. Furthermore, the Service Provider has the right to limit the User’s access rights or to prevent the User from using the Service if the Service Provider has a reason to believe that the Service will be used for illegal or inappropriate purpose or in conflict with these Terms, or if an authority so requests.

4.4 Responsibility for the information presented in the Service

The Service Provider is not responsible for the accuracy or reliability of the information presented in, or accessed through, the Service. The Service Provider expressly excludes any guarantees of the accuracy of the information provided in the Service and the suitability of said information for a specific purpose.

4.4a Responsibility for third-party services

The Service Provider is not responsible for the operation, availability, information security or privacy practices of third-party authentication services. The Service Provider does not guarantee that third-party services are continuously available for login. The User understands that the use of third-party services for login is at the User’s own risk and that any issues with such services may prevent access to the Service.

4.5 Right to interrupt the Service

The Service Provider has the right to interrupt the Service temporarily if necessary for the Service or due to an upgrade, maintenance or technical adjustment related to the Service, or for installation, adjustment or maintenance work related to the general data communication network, or if required by authorities, or if there is any other justified reason for said interruption. The Service Provider seeks to reasonably minimise the interruption and any inconvenience resulting from said interruption. The Service Provider also seeks to communicate any interruptions in advance by posting a note on the relevant website or in the Service or in any other appropriate manner.

4.6 Correction of faults and failures

The Service Provider strives to repair any faults and failures in the Service during normal working hours without undue delay after receiving notification.

4.7 Intellectual property rights

The Service Provider shall retain all title to, and intellectual property rights in, the Service and any materials, information and data contained therein and provided by the Service Provider.

4.8 Liability for damages

To the extent permitted by law, the Service Provider will not be liable for any direct, indirect or other damages that the User incurs as a result of using the Service or any websites linked to the Service even though the Service Provider may be aware of the possibility of such damages.

4.9 No Warranties

The Service Provider does not warrant that the functions contained in the Service will meet the User’s requirements or that the operation of the Service will be uninterrupted or error free. The Service Provider does not warrant storage or availability of the information and data submitted by the User to the Service.

5 DATA PROTECTION

Due to the nature of the Service, the User is obliged to provide certain basic personal data, such as e-mail address and contact details, in order to register to and use the Service. The personal data the User provides when registering to and using the Service is processed in compliance with applicable laws. The legal basis for processing is the agreement between the registered User and the Service Provider. For more information about how the Service Provider processes personal data, please see our Data Protection Notice.

When using a third-party authentication service to log in, the Service Provider receives only the basic information required for identifying the User from that service provider, with the User’s consent. The same principles that apply to other personal data processed in the Service apply to the processing of this information. Further information on the processing of data is available in the Service Provider’s Data Protection Notice.

If the User selects that their personal data will be available to the Service Provider’s customers (e.g. potential employers using the Service), the personal data are stored and processed by such customers and are subject to their privacy policies. Personal data may be transferred to the Service Provider’s customers in relation to recruitment. If the User has not applied to a job offered by the customer company, personal data is transferred only based on the User’s explicit consent.

6 TERMINATION OF AGREEMENT

The User may terminate the membership and delete the employee profile by logging in to the Service with their personal user credentials and deleting their profile, or by contacting the Service Provider’s customer service at eco@barona.fi and requesting the cancellation of the employee profile.

The Service Provider is entitled to maintain the membership and the employee profile and process the User’s personal data for at least as long as a relevant connection continues to exist between the parties and for a reasonable time thereafter. More information regarding the storage and processing of personal data after the termination of the membership and the deletion of the employee profile can be found in the Service Provider’s Data Protection Notice.

The Service Provider may terminate the membership and delete the User’s employee profile by notifying the User of the termination and its effective date. As a rule, the effective date cannot be earlier than seven days from the date of sending the notification of the termination. For a justified reason, the Service Provider may terminate the membership immediately without first sending the User a notification of the termination.

The User may also revoke the access rights of a third-party authentication service to the Service in the settings of that service. This does not automatically delete the User’s membership or employee profile in the Service, but prevents login through that service. To delete the membership and profile, the procedure set out in this section must be followed.

7 EFFECTS OF TERMINATION OF AGREEMENT

Should the Agreement be terminated for any reason, the User’s right to use the Service and the related user ID and password ceases to exist, and the user credentials are withdrawn. In spite of the termination of the Agreement, any rights, obligations and responsibilities of the parties that are based on the Terms and continue to be relevant after the termination of the membership, such as the liability for damages, will remain valid.

The User understands and accepts that the Service Provider is entitled to discard and delete all information pertaining to the User as well as the material produced and submitted by the User to the Service upon termination of the Agreement. The Service Provider is not obliged to return said material to the User. The User is responsible for making any necessary back-up copies of the material. The Service Provider is not responsible for the effects of the removal, loss or alteration of any of the User’s material.

8 AMENDMENT AND TRANSFER OF AGREEMENT

The Service Provider reserves the right to amend these Terms unilaterally by notifying the User of any amendments on the relevant website, via the Service or by e-mail. The Service Provider seeks to notify the User of amendments to the Terms as early as possible. The amendments enter into force fourteen (14) days after notification. The User is deemed to have accepted the amendments to the Agreement if the User uses the Service after the notification. After the notification relating to the amendments, the User may terminate the Agreement to end before the amendments enter into force.

The Service Provider has the right to transfer the Agreement to a company within the same group of companies and, in conjunction with acquisitions, to the company acquiring the Service Provider’s business operations. The User is not entitled to transfer the Agreement.

9 FORCE MAJEURE

The Service Provider is not responsible for delays or faults caused by circumstances beyond the Service Provider’s control (force majeure). In case of delays, the Service Provider will resume its obligations as soon as possible under the particular circumstances.

10 APPLICABLE LAW

The use of the Service and the interpretation of the Terms and the Agreement are subject to Finnish law, except for its conflict of law rules. These Terms do not limit any of the User’s mandatory rights that are based on Finnish law.

11 DISPUTES

If a dispute cannot be resolved between the User and the Service Provider, the User has a right to bring the dispute before the Consumer Disputes Board (Kuluttajariitalautakunta, www.kuluttajariita.fi). Prior to bringing the matter to the Consumer Disputes Board, the User is required to seek advice from Consumer Advisory Service (www.kuluttajaneuvonta.fi).

12 CONTACT POINT

The Service is operated and provided by Barona Oy, a Finnish limited liability company with a registered address at Pasilan Asema-aukio 1, 00520 Helsinki, registered at the Finnish Trade Register with a business identity code 2808477-9. If you have any questions about these Terms, please contact us at eco@barona.fi

Any notifications referred to in the Finnish Information Society Code (Section 190) may be delivered to the abovementioned address.yllämainittuun osoitteeseen.