Legal

Welcome to our mobile application and our interconnected website www.eldapp.net, which is run and managed by Shared Experiences AB (Org. no. 559426-5497). These Terms of Service regulate the use and access of the mobile application, mobile website linked, or otherwise connected thereto (collectively the “Platform”). For the sake of convenience, the term “Services” shall be included in the term “Platform” wherever used throughout this document unless specified otherwise. These Terms of Service, our Privacy Policy, Data Processing Agreement, Code of Conduct, Acceptable Use Policy, Disclaimers and Liability Waivers, and other additional terms we make available on the Platform from time to time (collectively “Terms”) set out the legal obligation vis-à-vis terms and conditions for your interaction and usage of the Platform. This document includes a mandatory arbitration provision and regulates the resolution of any dispute which may arise between you and us as a result of using our Platform. By clicking “Accept” when prompted or making an Account or, using or accessing the Platform, you understand that you acknowledge and agree to adhere to these Terms and all other operating rules, policies, and procedures that may be issued periodically on the Platform by us, each of which is incorporated by reference herein. If you do not agree to any of these Terms, including the compulsory arbitration provision, you must promptly stop the use of Platform. By accepting these Terms, you agree that the Terms constitute a binding contract, effective as on the date of first acceptance by you, between Shared Experiences AB (hereinafter referred to as “Eld”, “we”, “us”, or “our”) and you the users (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).

The Platform is free to use and allows you to create public and private events. Public events will be viewable and available to all users of the Platform subject to the settings and terms you select such as number of attendees, etc. Private events will not be viewable to other users of the Platform, and you may send an invite to the users you wish to invite. You will be able to set terms of the events that you may create via the Platform such as specifying activities which will be done in such events. You may also be able to create groups and focused sub-groups for creating an environment suitable for your attendees. Other users of our Platform can choose to go to events you create and socialise with you and other users of our Platform if you choose to make such event public. When the users arrive at the location of an event, they will be able to view and Chat (defined below in Section 8) with users who are present at the location of the event on the Platform. You can also create groups on the Platform for planning and informing such group participants of events and gatherings and such groups can be public or private depending upon your profile settings. The types of events you may be able to create shall be as specified on the Platform. We may choose to cancel or terminate events which we may find inappropriate or if we are requested to do so by appropriate authorities. You will be able to interact with other users of the Platform through our Platform subject to our Acceptable Use Policy and our Code of Conducts.

3.1 To use our Platform, you must: 3.1.1 Be at least the age of majority and not disqualified from entering into contracts under any law; 3.1.2 complete the registration process; 3.1.3 agree to our Terms; and 3.1.4 provide true, complete, and up to date legal and recent contact information 3.1.5 You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with or a representative of. 3.1.6 By using Platform, you represent and warrant that you will use Platform only for purposes strictly in accordance with these Terms. 3.1.7 By using Platform, you represent and warrant that you meet all the requirements listed above and that you will not use Platform in a way that violates any laws or regulations. We may refuse Service, close Accounts of any users, and change eligibility requirements at any time. 3.1.8 By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Platform. If you do not meet any of the conditions stated herein, you shall not access/use the Platform and must cease to be a user.

To provide you with the Platform as mentioned in these Terms it is required that we collect your basic information which may include your first name, last name, email, password, date of birth, information about the events you create and make public such as including without limits, start and end times, location, and number of participants etc. (“Personal Data”). You agree that your Personal Data is collected by us through your consent. For additional information please read our Privacy Policy and Data Processing Agreement.

The Term begins as soon as you access the Platform and continues as long as you use the Service. Clicking the button and entering your email/username means that you have officially “signed” these Terms.

6.1 To access the Platform, you need to register for a user account on the Platform (“Account”). For continuous access to our Platform, it is suggested that you provide us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account. 6.2 You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym. 6.3 You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user Account password or one time password with anybody or do any such act which promotes unauthorized use of your user Account. You shall take all measures to protect your password, including but not limited to, restricting the use of your personal device. 6.4 You must notify us immediately on our Platform of any change in your eligibility to use the Platform, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Platform or through a request made on our Platform. 6.5 You understand and agree that by creating a user Account, you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and shall meet all legal notice requirements.

7.1 As a user of the Platform, you agree not to: 7.1.1 systematically retrieve data or other content (“Content”) from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 7.1.2 make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user Accounts by automated means or under false pretenses. 7.1.3 use a buying agent or purchasing agent to make purchases on the Platform. 7.1.4 circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein. 7.1.5 engage in unauthorized framing of or linking to the Platform. 7.1.6 trick, defraud, or mislead us and other users of the Platform, especially in any attempt to learn sensitive account information such as user passwords; 7.1.7 make improper use of our support services or submit false reports of abuse or misconduct. 7.1.8 engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 7.1.9 interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform. 7.1.10 attempt to impersonate another user or person or use the username of another user. 7.1.11 sell or otherwise transfer your profile. 7.1.12 use any information obtained from the Platform in order to harass, abuse, or harm another person. 7.1.13 use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise. Nothing in these Terms shall function to preclude you to sell products and services at an event site or premises however, such sale of items and services are personal to you and your customers. We shall not be liable for any transaction made by you or your customers and nor are we a party to such an agreement between you and your customers/buyers. We shall not be liable for any claims, disputes, damages etc. arising out of such transactions between you and your customers/buyers. 7.1.14 attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform. 7.1.15 harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you. 7.1.16 delete the copyright or other proprietary rights notice from any Platform Content. 7.1.17 copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 7.1.18 upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform. 7.1.19 upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 7.1.20 except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software. 7.1.21 disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform. 7.1.22 use the Platform in a manner inconsistent with any applicable laws or regulations.

8.1 The Platform allows you to interact with other users of the Platform using the in-built chat messaging feature (“Chat”). 8.2 You must use Chat at your own discretion and risk. Although we try our best to maintain a user-friendly and safe Platform, you hereby acknowledge and agree that we cannot and do not review the background of our users. You are advised to run your own background checks before meeting any stranger in real life. 8.3 We and our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from interaction among its Members. You agree that the use of our Chat functionality is subject to our Acceptable Use Policy and our Code of Conduct.

If you are a copyright owner or an agent thereof and believe that any content made available via the Platform infringes upon your copyright, you may submit a notification pursuant to the Swedish Copyright Laws or the “Act On Copyright In Literary And Artistic Works” (the “Act”) as amended from time to time by providing us with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Platform (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Please send us all notices in connection with copyright infringements to: support@eldapp.net 9.1 Counter-Notice. If you feel that any of your Content was improperly removed or made unavailable to other users, please contact us via the contact information set forth below.

Subject to the Terms, Eld gives you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Platform (and other items displayed on the Platform for download) only for purposes of using the Platform in accordance with these Terms. It is expressly prohibited without the prior express permission from Eld to use, reproduce, modify, distribute, or store any Platform Content for purposes other than using the Platform consistent with these Terms.

11.1 The Platform contains Intellectual Property of Eld in the form of content, graphics, videos, audios, text, and any other digital content (“Platform Content”). This is an agreement for the use of Platform, and you are not granted a license to any Platform Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in this Terms of Service. 11.2 You acknowledge and agree that the Platform, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Platform, are the property of the Eld or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of Eld. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in Eld or its third-party suppliers, as the case may be. 11.3 You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Platform (“Content”). You grant us a non-exclusive, worldwide, royalty-free, and fully paid license to use the Content, as necessary, for purposes of providing the Platform to you and other users of the Platform. All rights in and to the Content not expressly granted to us in these Terms are reserved by you. 11.4 You acknowledge and agree that any comments, ideas and/or reports provided to us (“Feedback”) shall be the property of Eld and you hereby irrevocably transfer and assign to Eld such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business. 11.5 It is our policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we may terminate your Account. If you find that anything on our Platform infringes any copyright that you own or control, please contact us using the information provided in section 18.

We reserve the right to terminate your access to all or any part of the Platform at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your Account if you wish to do so by placing a request on our Platform. Any such termination shall immediately revoke the license granted under Section 10, and you shall effective immediately be prohibited from accessing or using the Platform or Content for any reason. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification.

To the maximum extent permissible by applicable law, you hereby absolutely release Eld and its affiliates as well as all other users of the Platform from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platform, including any disputes which may arise between users and the acts or omissions of third parties.

You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Platform; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal Data; (d) infringement by you (or any third party using your Account or identity in the Platform) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.

The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of Sweden applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts located in Sweden with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms. Any dispute concerning the subject matter of these Terms, or the breach, termination, or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within nineteen (19) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be Sweden. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.

We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Platform (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Platform. We may also do so by sending you a notice via email, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the Platform without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications. When you continue to use the Platform after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms in effect at the time of such use.

17.1 Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Platform. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regards to the Platform. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. 17.2 Relationship of the parties. You and we are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship to you nor any fiduciary duty. 17.3 Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action. 17.4 Assignment. You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent. 17.5 Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Term of Service. Notices to us shall be sent by email to support@eldapp.net. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission. 17.6 No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. 17.7 Interpretation. The headers are provided only to make this agreement easier to read and understand.

You may get in touch with us through our Platform or the address given below: Shared Experiences AB hello@eldapp.net

We are delighted that you have shown interest in the services of Eld (hereinafter referred to as “Eld”, “we”, “us”, “our”) which are provided via our mobile website and mobile application linked, or otherwise connected thereto (collectively the “Platform”). Data protection is a particularly high priority for Eld. The use of the Platform of Eld is possible without any indication of personal data; however, if a data subject wants to use special services via our Platform, processing of personal data may become necessary. If the processing of personal data is necessary, and there is no statutory basis for such processing, we generally obtain consent from the data subject. The processing of personal data, such as the name, address, email address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Eld. Utilizing this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed through this data protection declaration, of the rights to which they are entitled. As the controller, Eld has implemented numerous technical and organizational measures to ensure the complete protection of personal data processed through this Platform. However, Internet-based data transmissions may, in principle, have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g., by telephone.

The data protection declaration of Eld is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, among other things, the following terms: A. Personal data. Personal data means any information relating to an identified or identifiable natural person (“Data Subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. B. Data subject. Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing. C. Processing. Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction. D. Restriction of processing. Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future. E. Profiling. Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements. F. Pseudonymization. Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. G. Controller or controller responsible for the processing. Controller or controller responsible for the processing is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. H. Processor. Processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller. I. Sub-processor. A sub-processor is a third party data processor engaged by Processor who has or will have access to or process personal data from Controller. J. Recipient. Recipient is a natural or legal person, public authority, agency, or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing. K. Third-party. Third-party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data. Few Third-party service providers to whom data may be transferred are AWS; CloudClusters.io; Postmarks.app; Firebase (FCM tokens for notifications); and Google analytics in the future. L. Term. The Term of processing and storing any data is until the Data Subject requests to delete the data through an email with the subject line “Request for Deletion of Data” to the email address: support@eldapp.net. Data Subject is required to share identifying information along with the request for deletion. M. Consent. Consent of the Data Subject is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. Such Consent by the Data Subject shall have the same effect as a consent received in writing.

Controller for the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is: Shared Experiences AB support@eldapp.net

The Platform of Eld collects a series of general data and information when a data subject or automated system calls up the Platform. This general data and information are stored by Sub-processors. The general data collected may be (1) first and last names, (2) email address, (3) date of birth, (4) information about events/activities created by you which includes event name, description, address, geolocation information, max capacity, starting time and ending time, (5) information about groups such as group name, description (if public not collected if private), address and geolocation information if public and not if private, maximum capacity and group creation date if public and, (6) any other similar data and information that may be used in the event of attacks on our information technology systems. All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information. When using these general data and information, Eld does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content, services and functionality of our Platform correctly, (2) optimize the content of our Platform as well as its advertisement, (3) ensure the long-term viability of our information technology systems, (4) for analytics purposes, (5) to facilitate account creation and login process, (6) request feedback (7) as necessary for basic functionality of the Platform and, (8) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack as well as information about illegal acts by users. Therefore, Eld analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise and to achieve an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject. If you have given us access to your location in your device settings, when you use your mobile, we will collect information about Wi-Fi access points as well as other location information about your longitude and latitude and may save your device’s coordinates to offer certain features to you. This information helps us identify your physical location and we use it to personalise the Platform and make it easier for you to interact with other users, by enabling the general locality information to be displayed to users seeing your profile and showing you the profiles of other users who are near you.

The Platform of Eld contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

This Platform uses secure services and secure protocols to process data. All collected data is stored on AWS databases which are protected by access limitations only server and authorized personnel can access the data and it requires secure credentials to login which are not shared in any case. The next layer of security is that the data is transferred from the server to the application over secure https protocol and every request contains an identification token. This process involves the converting of information or data into a code to prevent unauthorised access. This is to ensure that if a request is generated outside the application then the data that does not have the token will not be shared or transferred to the application. Whilst we do everything within our power to ensure that personal data is protected at all times from our Platform, we cannot guarantee the security and integrity of the information that has been transmitted to our Platform.

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

A. Right of confirmation Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact us or another employee of the controller. B. Right of access Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information: the purposes of the processing; the categories of personal data concerned; the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations; where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing; the existence of the right to file a complaint with a supervisory authority; where the personal data are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject. Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, he or she may at any time contact us or another employee of the controller. C. Right to rectification Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact us or another employee of the controller. D. Right to erasure (Right to be forgotten) Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary: a. The personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed. b. The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing. c. The data subject objects to the processing in accordance with Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR. d. The personal data have been unlawfully processed. e. The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject. f. The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR. If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Eld, he or she may at any time contact us or another employee of the controller. Eld or another employee shall promptly ensure that the erasure request is complied with immediately. Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. Eld or another employee will arrange the necessary measures in individual cases. E. Right of restriction of processing Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies: a. The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data. b. The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead. c. The controller no longer needs the personal data for the processing, but they are required by the data subject for the establishment, exercise, or Defense of legal claims. d. The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject. If one of the conditions as mentioned above is met, and a data subject wishes to request the restriction of the processing of personal data stored by Eld, he or she may at any time contact us or another employee of the controller. Eld or another employee will arrange the restriction of the processing. F. Right to data portability Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used, and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided. As long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact Eld or another employee. G. Right to object Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions. Eld shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims. If Eld processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Eld to the processing for direct marketing purposes, Eld will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Eld for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may directly contact Eld or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications. H. Automated individual decision-making, including profiling Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Eld shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision. If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact Eld or another employee of the controller. I. Right to withdraw data protection consent Each data subject shall have the right granted by the European legislator to withdraw his or her consent to the processing of his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact Eld or another employee of the controller.

Our emails are sent by the email service provider Postmark, a mailing platform of the U.S. provider Wildbit, LLC, 2400 Market Street, Suite 235B, Philadelphia, PA 19103, USA ("Postmark“). Postmark can use the data of the recipients in pseudonymized form, i.e., the data is not assigned to a specific user, to optimize or improve its own services, such as to technically optimize mailing and for the presentation of the transactional emails or for statistical purposes. However, Postmark does not use the data of our email recipients to write to them itself or to transmit the data to third parties. We use Postmark to send emails to users. Sending out emails is necessary in order to provide services to our users. This may include emails with invitations, invoice receipts, important notifications about the Platform usage or when users need to recover their password. When transferring data outside of the EU into the USA, the adequate means of protection is ensured by the European Commission’s approved model contract clauses. We use Postmark on the basis of our legitimate interests in accordance with Article 6 (1) sentence 1 f) GDPR. If you withdraw your consent to receive any newsletter, we instruct Postmark to erase your data. You can find Postmark's Privacy Policy at: https://postmarkapp.com/privacy-policy.

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example, in the case of inquiries concerning our services. If we are subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if the processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract. If the data subject requests for termination or terminates his Eld Account, the personal data shall be retained for a period of 1 year from date of termination.

We clarify that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual provisions (e.g., information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The Data Subject is, for example, obliged to provide us with Personal Data when we sign a contract with them. The non-provision of the Personal Data would have the consequence that the contract could not be concluded. Before personal data is provided by the data subject, the data subject must contact us. We will clarify to the data subject whether the provision of the personal data is required by law, contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

Thank you for choosing Eld (“we”, “us”, “our”). Being a part of the Eld community means behaving with honesty, respect, kindness to fellow users. All users (“user”, “you”, “your”) are required to follow the terms of this Code of Conduct (“Agreement”). This Agreement is hereby through this reference, construed as a part of our Terms. You hereby agree to the following terms as follows:

You agree to be courteous and respectful of others. You shall not use words or share content which may be inflammatory or offensive. We strictly prohibit unlawful discrimination or harassment on the basis of race, color, religion, veteran status, national origin, ancestry, pregnancy status, sex, gender identity or expression, age, marital status, mental or physical disability, medical condition, sexual orientation, or any other characteristics protected by law. Communicating online through text can lead to misunderstandings, so it is important to give other people the benefit of the doubt and be kind in your interactions: sometimes it is difficult to know or fully appreciate the situation of the person you are communicating with. We encourage our users to take prudent decisions when you use our Platform. If you feel that anything listed on the Platform may be fraudulent or dangerous, please do not access such listed events or activities.

We strictly prohibit discrimination, harassment and other forms of bullying including without limits verbal, physical, or visual. If you believe that you are being bullied by anyone, whether by other users or by Eld personnel, we recommend you to immediately report the incident to us using the contact information given below or contact the appropriate authorities. We will take action against such persons at our sole discretion.

We do not endorse consumption of any kinds of drugs, alcohol, or other psychotropic substances whether prohibited or regulated. We discourage users from interacting, meeting while under the influence of any substances including prohibited or regulated substances and alcohol. Also, we dissuade users from meeting for the purpose of consuming alcohol and other illegal or controlled substances. If a user suspects that a co-user of the Eld Platform is under influence of any substance or alcohol, we recommend you do not interact or meet with such user(s) and report such users to us using the contact information provided below. Should you choose to interact with such users you indemnify Eld from any and all disputes that arise from such interactions. DISCLAIMER: USE OF DRUGS AND ALCOHOL RESULTS IN IMPAIRED JUDGEMENT AND PERFORMANCE. THE FINAL DECISION IS OF THE USER, THEREFORE ELD WILL NOT BE HELD RESPONSIBLE FOR ANY ACTIVITY OF A USER SHOULD THEY CONSENSUALLY MEET WHEN UNDER THE INFLUENCE OR MEET FOR CONSUMPTION OF PROHIBITED OR REGULATED SUBSTANCES.

We strongly stand against users who send threats of bodily harm, whether through the Platform (if applicable) or otherwise via any method including, phone, email etc. Upon our discovery of such an event, we may terminate and permanently ban the user Accounts of such users.

No person shall subject the directors, employees, affiliates, agents, representatives, or subcontractors of Eld and other users of the Eld Platform to any physical harassment, intimidation, threats, coercion, confinement or use of criminal force, during the course of their business or in connection with the business. Any such act would lead to the consequences mentioned in Section 8 of this Agreement. This shall be in addition to and without prejudice to all our additional legal remedies.

You are law-abiding and do not participate in, condone, or encourage unlawful or potentially harmful activity. This includes threatening or encouraging suicide or self-harm, as well as breach of copyright, defamation, or contempt of court.

You shall not use the Platform in a way which may be considered a misuse of the services provided by us through the Platform. Please contact us using the information given below if you discover any user misusing the Platform. In such event, we will investigate your report and take appropriate action in our sole discretion in accordance with Section 8 of this Agreement.

Violations of this Agreement may result in a range of actions, including: 8.1 Limits on account privileges 8.2 Account suspension 8.3 Account Cancellation 8.4 Permanent ban on the access and use of the Platform. The actions in this Section shall be in addition to and without prejudice to all our additional legal remedies.

The users shall not make any false, negative, critical, or disparaging statements, implied or expressed about Eld, including, but not limited to, management style, methods of doing business, the quality of services, role in the community, or treatment of employees. The users further agree to do nothing that would damage our reputation or good will;

This Platform’s spam policy applies only to unsolicited commercial messages sent to you. You are not allowed to send spam messages such as pings etc. to other users. Users have the ability to mute messages from a specific user if receiving spam messages. You can report such spam messages by contacting us at the email address provided below in “Reporting Spam” Section 11.

You will help us by reporting comments that you believe have violated this Agreement. You can also report spam by sending us an email at: support@eldapp.net.

You must be at least of the age of majority as applicable in your country or jurisdiction by law. We do not allow images of unaccompanied minors. If you want to post photos of your children, please make sure that you are in the photo as well. If you see a profile that includes an unaccompanied minor, encourages harm to a minor, or depicts a minor in a sexual or suggestive way, please report it immediately by sending us an email at support@eldapp.net.

Claims of copyright infringements can be sent to support@eldapp.net. Please read our copyright policy for more details in our Terms and Conditions.

If one or more provisions of this Agreement is found to be unlawful, void, or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.

Please reach out to us at: hello@eldapp.net

This Agreement between Eld (“we”, “us”, “our”) and you the users (“users”, “you”, “your,”) reflects the agreement with respect to the Controlling and Processing Personal Data on behalf of a Data Subject for the provision of the Platform and connected Services as may be applicable. This Agreement shall hereby, through this reference, be construed as a part of our Privacy Policy.

2.1 “Agreement”, “DPA” means this Data Processing Agreement. 2.2 “Contracted Processor” means a Subprocessor; 2.3 “Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State, and as amended, replaced, or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR and, to the extent applicable, the data protection or privacy laws of any other country. 2.4 “Data Transfer” means a transfer of Personal Data to a Subprocessor as specified herein; 2.5 “EEA” means the European Economic Area; 2.6 “GDPR” means EU General Data Protection Regulation 2016/679; 2.7 “Permitted Affiliates” means any of your Affiliates that (i) are permitted to use the Services pursuant to the Agreement but have not signed their own separate agreement with us and are not a Consumer as defined under the Agreement, (ii) qualify as a Controller of Personal Data Processed by us, and (iii) are subject to Data Protection Laws. 2.8 “Personal Data” means any information about an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number, location data, online identifier, or to one or more factors specific to that person’s physical, physiological, genetic, mental, economic, cultural, or social identity. 2.9 “Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored, or otherwise Processed by where applicable the Parties to this Agreement and/or our Sub-Processors in connection with the provision of the Services. “Personal Data Breach” will not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems. 2.10 “Platform” means our mobile application, website, and mobile website. 2.11 “Services” means the services provided by us through the Platform. 2.12 “Special categories” of personal data (sensitive personal data) relate to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person’s sex life or sexual orientation. Special category data can include racial and ethnic origin, health records, criminal record check etc. 2.13 “Subprocessor” means any person appointed by or on behalf of us to process Personal Data in connection with the Agreement. 2.14 The terms, “Commission”, “Controller”, “Consumer”, “Processor”, “Data Subject”, “Member State”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.

The term of this Agreement commences as soon as you sign up for an online account on the Platform and subsists unless terminated by you or us in accordance with the terms and conditions of the applicable contract between us and you. Termination of this Agreement does not waive any obligations such as “confidentiality” and other terms of similar nature which ought to survive the termination of this Agreement. By clicking on “Accept” or other analogous terms when prompted, you agree to be bound by the terms of this DPA.

We are the Data Controller and Processor and are committed to protecting your rights in line with the Data Protection Laws. We are committed to keeping your Personal Data and any other personal data collected, used, or stored by us as secure and private as possible. Where applicable, you shall also be bound by the same or stricter obligations applicable to us for personal data processing activities when you collect Personal Data of other users for any reason including without limits, creating events, activities, focused sub-groups, etc. You shall not use any Personal Data for any commercial activities and other activities in contravention of any applicable laws.

This Agreement governs how your Personal Data is shared. Our rights and obligations are specified herein.

6.1 In accordance with the requirements outlined in the Data Protection Laws, Personal Data will be: 6.1.1 Processed lawfully, fairly, and in a transparent manner; 6.1.2 Collected for specified, explicit, and legitimate purposes and processed in a manner that is compatible with those purposes; 6.1.3 Adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed; 6.1.4 Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that Personal Data that is inaccurate, having regard to the purposes for which they are processed, erased, or rectified without delay; 6.1.5 Kept till the Data Subject requests deletion of Personal Data by email with the subject line “Request for Deletion of Data” to the email address: support@eldapp.net. Data Subject is required to share identifying information along with the request for deletion; 6.1.6 Processed in a manner that ensures appropriate security of the Personal Data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures.

7.1 Considering the state of the art, the costs of implementation and the nature, scope, context, and purposes of Processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR. 7.2 In assessing the appropriate level of security, we shall consider, in particular, the risks that are presented by Processing, in particular from a Personal Data Breach. 7.3 Encryption methods such as web application firewall (WAF) are utilized to protect Personal Data. This Platform uses secure services and secure protocols to process data. All collected data is stored on AWS databases which are protected by access limitations only server and authorized personnel can access the data and it requires secure credentials to login which are not shared in any case. The next layer of security is that the data is transferred from the server to the application over secure https protocol and every request contains an identification token. This process involves the converting of information or data into a code to prevent unauthorised access. This is to ensure that if a request is generated outside the application then the data that does not have the token will not be shared or transferred to the application. 7.4 We utilize services of AWS, CloudClusters.io, Postmark.app, Firebase (FCM tokens for notifications) as Subprocessor who collect or have access to your Personal Data. Your login credentials are encrypted and stored as in an anonymized form or hash; therefore, your passwords are not completely accessible to us or any other users in case of a Personal Data Breach.

Where applicable, you shall provide reasonable assistance to us with any data protection impact assessments and prior consultations with Supervising Authorities or other competent data privacy authorities, which we reasonably consider to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.

We use commercially reasonable efforts to ensure a maximum uptime of our Platform and Services. Downtime does not include unavailability caused by one or more of the following: 9.1 Maintenance, a suspension, or termination of the Platform and Services; 9.2 The failure of servers or Platform and Services outside of a datacentre on which the Platform and Services are dependent, including, but not limited to, inaccessibility on the Internet that is not caused by our Infrastructure or network providers; 9.3 A force majeure event such as an act of God, an act of war, an act of terrorism, fire, governmental action, labour dispute, and any other circumstances or events not in our direct control; 9.4 An attack on our Infrastructure, including a denial-of-service attack or unauthorized access (i.e., hacking); 9.5 Unavailability of Platform and Services not reported by you within five (5) of the days of the date on which the Uptime Percentage dropped below 95%; 9.6 Your use of a separate Subprocessor or service provider that is not subject to this Agreement or our Privacy Policy; 9.7 Unavailability that is caused by your breach of this Agreement.

We shall maintain policies and procedures around the network infrastructure used to process Personal Data, establish, and enforce safe network practices, and define service level agreements with internal and external network services.

We implement appropriate technical and organizational measures to demonstrate that data is processed in line with the principles set out in Data Protection Laws. Records of activities relating to higher risk processing will be maintained, such as the processing of special categories data or that in relation to criminal convictions and offences.

12.1 The legal basis for processing data will be identified and documented prior to data being processed. Under Data Protection Laws, data will be lawfully processed under the following conditions: 12.1.1 The consent of the data subject has been obtained. 12.1.2 Processing is necessary for: a. Compliance with a legal obligation; b. For the performance of a contract with the data subject or to take steps to enter into a contract; c. Protecting the vital interests of a data subject or another person; d. For the purposes of legitimate interests pursued by the controller or a third party. 12.2 Special category data will only be processed under the following conditions: 12.2.1 Explicit consent of the data subject, 12.2.2 Processing relates to personal data manifestly made public by the data subject. 12.2.3 Processing is necessary for: a. Carrying out obligations under employment, social security or social protection law, or a collective agreement. b. Protecting the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent. c. The establishment, exercise, or defence of legal claims or where courts are acting in their judicial capacity.

We strive to maintain the highest security standards with respect to the Personal Data of data subjects. As such, the Personal Data is shared strictly for the purposes for which it was collected. The Personal Data is not shared with any individual or entity not bound by strict confidentiality obligations in writing. As Personal Data is not shared by us with any party not bound by strict confidentiality obligations in writing, as applicable, all Processors shall not engage Subprocessors without our consent.

14.1 Individuals have the following rights pertaining to their personal data: 14.1.1 To be informed. That means an individual has the right to be informed about the collection and use of their personal data. 14.1.2 Rights to access and port data. That means an individual has the right to access their personal data and supplementary information. 14.1.3 To rectify. That means an individual is entitled to have personal data rectified if it is inaccurate or incomplete. 14.1.4 To erase. This also known as ‘the right to be forgotten’. That means right is to enable an individual to request the deletion or removal of personal data where there is no compelling reason for its continued processing. 14.1.5 To restrict individual’s data. This means an individual has a right to ‘block’ or suppress processing of personal data. 14.1.6 To object to processing. 14.1.7 To withdraw consent if processing is based on consent.

We will act in accordance with the Data Protection Laws by adopting a privacy by design approach and implementing technical and organizational measures which demonstrate how we have considered and integrated data protection into processing activities.

To the extent we engage Third Party Subprocessors and/or our Affiliates to Process Personal Data, such entities shall be subject to the same level of data protection and security as us under this Agreement and our Privacy Policy.

We will strive to ensure that all our personnel are made aware of, and understand, what constitutes as a data breach as part of their training. Where a breach is likely to result in a risk to the rights and freedoms of individuals, the appropriate authorities will be informed. All notifiable breaches will be reported to the relevant supervisory authority within 72 hours of us becoming aware of it. The risk of the breach having a detrimental effect on the individual, and the need to notify the relevant supervisory authority, will be assessed on a case-by-case basis. In the event that a breach is likely to result in a high risk to the rights and freedoms of an individual, we will notify those concerned directly.

You may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without our prior written consent.

We shall have the right to make modifications or replace any of our policies, or suspend, change, or discontinue the Platform (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Platform. We may also do so by sending you a notice via email, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the Platform without notice or liability. We endeavour to try and provide notice of modifications to this Agreement. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.

All notices under this Agreement shall be in writing unless otherwise specified in this Agreement. Notices to us shall be sent by email to support@eldapp.net You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.

Our failure to enforce any part of this Agreement shall not constitute a waiver of our right to later enforce that or any other part of this Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.

The headers are provided only to make this agreement easier to read and understand.

You agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of Sweden applicable therein (notwithstanding conflict of law rules). You expressly and irrevocably concede to the jurisdiction of courts located in Sweden with respect to any matter or claim, suit, action or proceeding arising under or related to this Agreement.

You may contact us through the address given below: Email: hello@eldapp.net

Thank you for choosing Eld (“Eld” “we”, “us”, “our”)! This Limitation of Liability Statement (“Agreement”) sets out the terms, threshold, and instances of our liabilities with respect to the services we provide you, the users (“user”, “you”, “your”) through the Eld mobile Application, website application (“hereinafter collectively referred to as the “Platform”). This Agreement is an integral part of our Terms.

This section covers the terms under which the Platform service is made available to you and the extent of our liability in their respect. You agree that: 2.1 We are not obliged to ensure that the Platform is available to all users at all times. While we make all attempts to deny access only to those individuals who violate this Platform’s regulations, we are occasionally forced to use access denial methods that disrupt access for other users. We shall not be liable in this regard under any circumstances. 2.2 We are not responsible for a loss of access to this Platform’s services due to failure of networks connected to the Internet or any other temporary hardware or software failure. 2.3 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Platform service (or any part thereof) with or without notice. 2.4 There will always be a possibility that this Platform could include inaccuracies or errors. Additionally, a possibility exists that unauthorised additions, deletions and alterations could be made by third parties to the Platform. Although we attempt to ensure this Platform’s integrity and accuracy, we make no guarantees whatsoever regarding its correctness or accuracy. In the event that such an inaccuracy arises, please inform us by emailing us at support@eldapp.net so that it can be corrected. 2.5 This Platform may contain links to other websites operated by third parties (“Linked Sites”). You acknowledge that when you click on a link to visit a linked site, a frame may appear that contains this Platform’s logo, advertisements and/or other content selected by this Platform. The Platform may also direct you to other websites, such as interactive maps from our partner service provider. You acknowledge that this Platform and its sponsors neither endorse nor are affiliated with the linked sites and are not responsible for any content that appears on the linked sites. This Platform has neither reviewed nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in the linked sites. 2.6 We have not reviewed, and cannot review, all of the materials posted to the platform and cannot be responsible for that material and content, use or effects. By operating this Platform, we do not represent or imply that we endorse the posted material or that we believe such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. 2.7 This Platform may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. This Platform may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of this Platform or any downloading by those visitors of content posted. Suppose you believe that material located on or linked to this Platform is offensive, indecent, violates your copyright or otherwise objectionable. In that case, you are encouraged to notify our team by emailing support@eldapp.net. This Platform will respond to all such notices, including as required or appropriate, by removing the offensive / objectionable/infringing material or disabling all links to the infringing material on the Platform. Please read our Terms and Conditions to know more about our copyright policy. In the event a visitor may infringe or repeatedly infringe the copyrights or other intellectual property rights of Eld or others, we may, at our discretion, terminate or deny access to and use of the Platform.

You hereby acknowledge and agree that: 3.1 The users registered on the Platform are completely responsible for any commitments and contracts made with each other. We are not responsible for any non-performance or breach of any contract entered into between the users. 3.2 The Platform is solely a place which connects the users. We are not liable in any regard with respect to any agreement or transaction which subsequently takes place between the users. All agreements and transactions between the users (the mentioned agreements and transactions are collectively referred to as “Relevant Contract”) are personal to them. We are not a party to such Relevant Contracts under any circumstance, and thus we disclaim any liability in this regard. 3.3 Users hereby agree that we shall not be required to mediate or resolve any dispute or disagreement arising between the parties out of the Relevant Contract(s). 3.4 Users are responsible for researching and complying with applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to the Relevant Contract(s) in which they participate. 3.5 Users are responsible for all applicable taxes and for all costs incurred by participating in the Relevant Contract. We shall in no event be liable in this regard. 3.6 We will not be liable for damages of any kind incurred to any parties as a result of the information contained on this Platform. You shall not use or manipulate the Platform for any fraudulent activity or purpose. Items or services offered for sale by any user must comply with applicable laws. We disclaim any and/or all responsibility and/or liability for any harm resulting from your use of third-party services. You hereby irrevocably waive any claim against us concerning the content available on the Platform or operation of any third-party services provided by any user.

You hereby represent and warrant that you will not: 4.1 violate any law, contract, intellectual property, or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing or using the Platform. 4.2 provide false or misleading information to us or our affiliates. 4.3 use the Platform in a manner which may disrupt or inhibit others from accessing or enjoying the Platform fully or partially. 4.4 develop, utilise, or disseminate any software in any manner that could damage, harm, or impair the Platform. 4.5 access or attempt to access any feature or area of the Platform that you are not authorised to access. 4.6 use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorised by us to access the Platform, extract data, or otherwise interfere with or modify the rendering Platform pages or functionality. 4.7 use data collected from our Platform for any direct marketing activity (including, without limitation, email marketing, SMS marketing, telemarketing, and direct marketing). 4.8 use the Platform for any illegal or unauthorised purpose, or engage in, encourage, or promote any activity that violates this Agreement, our Terms and Conditions, Privacy Policy, Data Processing Agreement, Code of Conduct, Acceptable Use Policy, and other documents we make available through the Platform. 4.9 use the Platform or its network to carry out any illegal activities or deliberately engage in activities designed to adversely affect the performance of the Platform or its network.

THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF THE PLATFORM IS AT THE USER’S SOLE RISK. THE PLATFORM IS PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CAN NOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. ELD, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE PLATFORM PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE PLATFORM SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE PLATFORM.

THE USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE PLATFORM FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF OR GREATER THAN ANY FEES PAID BY YOU FOR USING OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD. REMEDIES, IF ANY, UNDER THE TERMS AND CONDITIONSARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THE TERMS AND CONDITIONS. NOTHING IN THE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THE TERMS AND CONDITIONS.

You may contact us through our Platform, or the address as given below: Shared Experiences AB hello@eldapp.net

Thank you for choosing Eld (“Eld” “we”, “us”, “our”)! This Acceptable Use Policy (“Agreement”) is an integral part of the Terms. This Agreement is between us and you the users (“user” “you” “your”) who avail our services through the Eld mobile Application and website application (“hereinafter collectively referred to as the “Platform”).

2.1 The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit and talk to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform. All User Contributions must comply with the User Contribution Standards set out below in Section 3. 2.2 Any User Contribution you post on the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings. 2.3 You represent and warrant that: a. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; b. All of your User Contributions do and will comply with this Agreement; and c. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. 2.4 We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform. 2.5 To the maximum possible extent, you hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all User Contributions, and to sublicense the foregoing rights; and you irrevocably waive, and cause to be waived, against us and its users any claims and assertions of any moral rights contained in such User Contributions. This section shall survive any termination of your Account or the Agreement.

3.1 These User Contribution Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable central, federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Contributions must not: a. contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, hurtful, inflammatory, or otherwise objectionable; b. promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; c. infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; d. violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms. e. contain images or videos of persons without such person’s consent; f. be likely to deceive any person; g. involve drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm; h. promote any illegal activity, or advocate, promote, or assist any unlawful act; i. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; j. funding a ransom, human trafficking or exploitation, vigilantism, bribes, or bounty; k. impersonate any person or misrepresent your identity or affiliation with any person or organization; l. involve or promote terrorism or, any activity that promote war, genocide, knives, explosives, ammunition, firearms, or other weaponry or accessories; m. involve annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies; n. involve circumventing the designated method of payment as provided by us; o. involve credit repair or debt settlement services p. involve products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party q. involve illegal sale or resale of brand name or designer products or services; r. any other activity that we may deem in our sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or s. involve any election campaigns that are not run by a registered organization within the supported country; t. give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case; u. involve any other activity that we may deem in our sole discretion to be unacceptable

4.1 We have the right to: a. remove or refuse to post any User Contributions for any or no reason in our sole discretion; b. take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the User Contribution Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for us; c. disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; d. take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform; or e. terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of this Agreement. 4.2 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform or otherwise accessing or using our Platform. 4.3 YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE AND HOLD US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND COSTS RESULTING FROM ANY ACTION TAKEN BY US/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 4.4 We do not undertake to review any material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.