TERMS OF USE

GENERAL

1.1

These terms of use and privacy (hereinafter the Terms of Use) regulate the conditions of use of the Services located on website www.myf.ee and on its subdomains (hereinafter the Services).

1.2

User can use the Services only after agreeing with the Terms of Use.

1.3

By accepting these Terms of Use, it forms a legally binding contract between User and Operator.

DEFINITIONS

Content - data, texts, files etc added by the User

Operator - OÜ MyFinancier, registry code 14321191, address Harju maakond, Kiili vald, Kiili alev, Toompihla tn 2, 75401

Website - www.myf.ee and its subdomains with their content

Services – SaaS (Software as a Service) services based on the Website, within which personal and financial data are processed in order to collect information and gain an overview of users' financial situation and its changes.

User - natural or legal person who is a registered user of the Service

USING THE SERVICES

3.1

The user represents by creating a user account at the Website that all the information and representations provided by its are correct: it is a private person with full legal capacity (at least 18 years of age) or that it has all rights and authorisations for procuring the Services on behalf of the user. The aforementioned representations are presumed to be accurate and Operator is not obliged to verify these.

3.2

User is obliged to ensure that the Services is in accordance with its needs.

3.3

Services may only be used to the extent and purposes for which the Services is created for and for which similar services are usually used for. User is obliged to use Services in accordance with the Terms of Use and the tutorials of the Services.

3.4

User is obliged to immediately notify Operator of abuse of its account, the loss of its password or its falling into possession of third parties. In the aforementioned case, Operator shall do anything reasonably expected in order to renew the password, limit the access to the account or delete the account.

3.5

Operator is entitled to update and change any part or all of these Terms of Use, including the fees and charges associated with the use of the Services. If Operator updates or changes Terms of Use, the updated Terms of Use will be posted at Website and Operator will notify User via email or in-app notification.

USER'S CONTENT

4.1

User ensures that all of the Content added to the Website is in accordance with the Terms of Use and legal acts and that the User has all necessary permissions and approvals to add the Content to the Website. User is prohibited to add to the Website any Content that contains malicious code, viruses etc that damage or disturb regular functioning of the Website.

4.2

User is aware of and agrees that the Content is stored in Operator’s or its service provider’s server and by accepting the Terms of Use the User gives to Operator all necessary rights for that.

4.3

Operator takes all reasonable security measures in order to protect Content from unauthorized persons and malware and to ensure the preservation and confidentiality of the Content.

4.4

Operator will protect the confidentiality of the Content with at least reasonable care, will not use Content for any purpose outside the scope of this Terms of Use and will not disclose Content to any third party (except third party service providers) and will limit access to Content to its employees, contractors, advisors and agents. Upon notice to the other party, the party may disclose Content if required to do so under law, statute, rule or regulation or legal process.

CLIENT SUPPORT

5.1

User can communicate with client support through:

e-mail;

phone.

5.2

Operator will strive to reply to all requests received by the client support within reasonable time, but will not guarantee that the requests are replied to within certain time or that the requests receive answers satisfactory to the inquirer.

MAINTENANCE

6.1

The Operator reserves the right to optimize and develop the Services further. In case of significant changes in the Services, Operator will send Users a timely notification.

6.2

If using the Website or Services is disturbed due to a disturbance or malfunction, Operator will do anything reasonably possible in order to eliminate the disturbance or malfunction as soon as possible, but no later than 48 hours after finding out the error.

6.3

The Operator maintains the right to temporarily restrict the access to the Website and Services if it is needed for maintenance, development or updates.

FEES AND PAYMENTS

7.1

The prices of Services at the Website are provided in Euros. All fees are exclusive of taxes, which Operator will charge if applicable.

7.2

It is possible to pay for the Services with:

credit card.

7.3

User can subscribe to the Services based on either monthly or yearly prepayment subscription, which provides access to the Services for the duration of the subscription period covered by the prepayment.

7.4

The subscription is renewed automatically at the end of the subscription period, unless User has cancelled the subscription in self-service before the end of the current subscription period.

7.5

User is aware that Operator may use third party service providers to process payments and by assepting the Terms of Use agrees to disclose their payment information to such third party.

7.6

Operator is not obliged to refund already made prepayments.

7.7

If the User violates the obligation of payment for at least 14 days, Operator has the right to limit access to the Services.

7.8

Operator maintains the right to change the prices of Services. Prices of the Services change in the beginning of the next subscription period after the changing of the price.

INTELLECTUAL PROPERTY

8.1

User has the right to use Services in accordance with the Terms of Use for the purposes for which the Service is intended. User does not have and will not obtain any intellectual property rights to the Service or to the Website.

8.2

The Website, Services and its content, such as texts, images, information on the products, trademarks and signs shall remain the property of the Operator or its co-operation partners and protected by copyright law and international copyright agreements as well as other legislation on intellectual property rights and registrations.

8.3

All intellectual property rights to the Website, Services and content (such as copyright, registered and unregistered trademark and design rights, domain names, patents, database rights and trade secrets) as well as the goodwill generated by their use shall remain the property of the Operator or its cooperation partners. The Operator does not grant the User any direct or indirect rights to any intellectual property rights.

8.4

Services, Website and all of their parts (including pictures, images, texts, trademarks, domain names) are protected with intellectual property rights, which belong to Operator, its employees or cooperation partners.

8.5

The works published on the Website and protected with copyright may be used by the User publicly without the consent of Operator only by referring to Operator as the source of the works.

8.6

Website might contain references or links to third party websites. The Operator does not control the linked sites in any way, nor does the Operator monitor or check the contents of the linked sites. The Operator is not liable for the contents, correctness, reliability or data security of the linked sites.

PERSONAL DATA

9.1

Operator shall process the following personal data of the User (hereinafter the Personal Data):

9.1.1

Contact data

e-mail address.

9.1.2

Personal data

name;

photo.

9.1.3

Account and transaction data

bank account number;

encrypted transaction data from bank account statement (amount sent or received, counterparty name, bank account of the counterparty, currency, description, date),

rules (based on transaction counterparty name, account number, transaction date, amount, description and the client account number) that the client created to categorize transactions;

budget (by income/expense groups).

9.1.4

Asset and liability data:

name and type of asset and liability;

encrypted values of assets and liabilities (väärtus, kuupäev).

9.1.5

Activity log

user signing in and out, creating/editing/deleting a bank account, importing transaction data to an account, creating/editing/deleting rules, refreshing the webpage and other similar activities.

9.2

Operator processes Personal Data for the following purposes:

Purpose	Category of data	Legal basis
registering the User for the Services	Contact data, Personal data	Agreement
verifying User's right to access Website and Services	Contact data	Agreement
Income/expenses analysis	Account and transaction data	Agreement
Net worth analysis	Asset and liability data	Agreement
Customer relationship management, fulfilment of the Customer notification requirement	Contact data	Legitimate interest in customer relationship management, agreement
Sending newsletters	Contact data, personal data	Consent
Direct marketing, organisation of campaigns, feedback	Contact data, personal data, activity log	Legitimate interest in the sale of similar products and service and getting feedback to improve the Services provided.

9.3

Operator collects Personal data mostly directly from the User (when registering the User and offering Services).

9.4

Additionally Operator receives Personal data from third parties (credit institutions that have the consent from the User to process the Users' Personal data).

9.5

User has the right to deny the use of Contact data for direct marketing, organizing campaigns, getting feedback and sending newsletters. In order to do so the User has to write to info@myf.ee or unsubscribe directly from the e-mail.

9.6

The User may access his/her Personal Data at any time and make corrections at the self-service or request their deletion, unless the law provides otherwise.

9.7

Operator processes the User's Personal Data in accordance with the requirements of Regulation (EU) 2016/679 (General Data Protection Regulation).

9.8

Controller of the Personal Data is OÜ MyFinancier, registry code 14321191, address Harju maakond, Kiili vald, Kiili alev, Toompihla tn 2, 75401.

9.9

Operator can process and store the personal data in aggregated and anonymized form for analytic purposes in order to improve the Services.

9.10

Operator collects and records personal data in electronic format and makes extracts also in other format if necessary.

9.11

Operator shall not forward, sell or disclose the data of the User to third parties without the prior written consent from the User, except in instances provided in the Terms of Use.

9.12

Operator has the right to forward the Users' Contact data (chapter 9.1.1) and Personal data (chapter 9.1.2) to third party service providers whom the Operator has outsourced the activities (for example mailing service providers).

9.13

Operator is not obliged to preserve the Personal Data of the Users.

9.14

The User is entitled, at any time, to demand the deletion of Personal data and closing the user account. In order to do so the User has to write to info@myf.ee.

9.15

Operator shall promptly notify User of any facts known to the Operator concerning any accidental or unauthorized disclosure or use, or accidental or unauthorized loss, damage or destruction of Personal Data by any current or former employee, contractor or agent of the Operator or by any other person or third party. Operator shall;

cooperate fully with User in the event of any accidental or unauthorized disclosure or use, or accidental or unauthorized loss, damage or destruction of Personal Data by any current or former employee, contractor or agent of Operator or by any other person or third party, to limit the unauthorized disclosure or use and seek the return of any Personal Data if requested by User; and

upon termination or expiration of the Terms of Use for whatever reason, or upon request by User, Operator shall immediately cease to process the Personal Data and shall promptly return to User all such Personal Data, or destroy the same, in accordance with such instructions as may be given by User at that time. The obligations set forth in these data processing requirements shall remain in force notwithstanding termination or expiration of this Terms of Use.

9.16

By accepting the Terms of Use the User provides his/her consent for processing of personal data to the extent described in Terms of Use.

10.

10.1

Cookies are small text files that can be conveyed to the User’s device via the Website. Cookies or other corresponding techniques may be used to collect information on the User's use of the Website and Services and the User’s device via the Website.

10.2

There are two types of cookies. Permanent cookies record information on the visitor’s computer hard drive for a period of time. These cookies are used to to inform the visitors of any changes made to the website since their last visit. Session cookies are saved to the Users' computer temporarily while they use the Website.

10.3

Cookies used by the Operator:

Cookies necessary for the operation of the site help us make the website more usable. Website cannot function properly without these cookies. As these cookies are required for the secure provision of Services, the User does not have the option to opt out.

Functional cookies allow to store information that changes how and what is displayed on the Website and how it works.

Statistical cookies help the Operator to understand how a particular User uses the Website. This gives the Operator information on how many people visit the page in a given period of time, how different pages are navigated and clicked on.

Advertising cookies monitor which web pages visitors use. The purpose of these cookies is to show the User relevant and interesting ads on the web

Operator uses the following cookies:

Cookies necessary for the operation of the site
Name	Description	Expiry period
PHPSESSID	Used to display the content of the Website correctly	Session cookie
real_cookie_banner-blog:1	Remembers cookie management settings	365 days
Functional cookies
Name	Description	Expiry period
_boxilla_box_[property_id]	Enables the User to not show the newsletter registration popup	1 hour
Statistical cookies
Name	Decription	Expiry period
_ga	Used to generate statistical data on how the User uses the Website	2 years
_gid	Used to generate statistical data on how the User uses the Website	24 hours
_gat_gtag_[property_id]	Used to match the information from the Website and Google Analytics	1 minute
_gat_[property_id]	Used to optimize Website queries	1 minute
_gali	Used by Google Analytics for identifying which links are clicked	Session cookie
Advertising cookies
Name	Description	Expiry period
_fbp	Used by Facebook to show ads	90 days

11.

TERMINATION

11.1

User is entitled to unilaterally terminate the contract without cause at any moment:

by informing the Operator by e-mail;

by informing the Operator on the Website.

11.2

Operator is entitled to terminate the contract with the User without cause by informing the User by e-mail or via the Website or Service 30 days before the termination of the contract.

11.3

Operator is entitled to terminate the contract immediately without prior notice if:

User has submitted false information about it;

User has not used Services continuously for at least a year;

person who has used Services in the name of the User does not have the User's authorisation;

User is in any other way in violation with the Terms of Use.

12.

LIMITATION OF LIABILITY

12.1

Operator and its agents make no representations or warranties about suitability, reliability, availability, timeliness, security or accuracy of the Services and all Services and content are provided “as is” without warranty or condition of any kind. Operator disclaims all warranties and conditions of any kind, whether expressed, implied or statutory, with regards to the Services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. The Operator shall not be expressis verbis responsible for the damage and other consequences that have arisen due to the following reasons:

Tthe Services or Website does not function or functions improperly in some web browsers;

User has added Content to the Website which is not in compliance with or not being processed in compliance with the Terms of Use, good practice or legislation;

changes is legal acts and in their interpretations, their impacts on the Users and implementing those changes in the Services, unless it is obligatory to the Operator under the law or a court decision made regarding the Operator;

force majeure and other faults and disturbances not caused or aﬀected by the Operator which prevent the User from using the Website or Services;

errors, damages or settings that are unsuited for the use of the Services or Website;

delays, disruptions or failures in the use of the Services or Website due to maintenance or development works;

processing data by third persons to whom the User has given the consent to forward the data by the Operator;

disruptions and failures in third party systems that aﬀect the functioning and availability of the Services and Website;

loss of the User's password or its falling into the possession of unauthorized third party or its use by unauthorized third party.

12.2

To the extent permitted by law, in no event shall either party be liable for any indirect, incidental, punitive, or consequential damages, or loss of profits, revenue, data or business opportunity. Except for the User's liability for payment of fees, obligations according to the indemnification clauses and under User's liability for violation of the Operator intellectual property rights, if, notwithstanding the other terms of the contract, either party is determined to have any liability to the other party or any third party. Parties agree that the aggregate liability of the party will be limited to total amounts User has actually paid for the Services in the twelve (12) month period preceding the event giving rise to a claim.

12.3

While the Operator takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that the use of this Website and Services will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

12.4

The Operator may assign or transfer any of its rights or sub contract any of its obligations under these Term of Use to any third party. The User may not assign or transfer any of the rights or sub contract any of the obligations under these Terms of Use except with the specific permission in writing of the Operator.

13.

APPLICABLE LAW AND DISPUTE SETTLEMENT

13.1

The present Terms of Use is governed by the laws of Estonia.

13.2

Any complaints must first be registered with the Operator's client support using the email provided above. The User should first contact the Operator with a view to obtaining an amicable solution.

13.3

Any disputes shall be settled under the laws of Estonia by the courts of Estonia, which have sole jurisdiction unless there is a mandatory statutory provision to the contrary.

13.4

The Website and Services and the Terms of Use have been designed for use within Estonia. Whilst the Operator is happy to consider requests for Products from other countries, the Operator gives no warranty, express or implied, that the use of the Website and Services or the placing of any order through the Website and Services from other countries complies with any applicable laws or regulations of such other county. Accordingly, any Services or promotions not permitted under other local law are not offered to the Users from such countries.

13.5

User has the right to contact the Data Protection Inspectorate (website: www.aki.ee) or Estonian Financial Supervision and Resolution Authority (website www.fi.ee) in the event of violation of their rights.