GST Cloud service - Terms & Conditions

BACKGROUND

GST are supplying various kinds of Services under the domain cloud.empirbus.com. This document stipulates the Terms under which we provide Services. By using a Service, you accept to be bound by the Terms.

DEFINITIONS

The following words shall have the meaning assigned to them in this section 2:

"Account" means your user account registered at cloud.empirbus.com;

"Service" means services provided to you from the domain cloud.empirbus.com;

"Terms" means the terms and conditions set out in this document;

"GST", "us" or "we" means Garmin Sweden Technologies AB; and
"you" or "your" means the party, which uses the Service.

THE SERVICE

3.1

In order for us to perform the Service, you are required to register an Account at cloud.empirbus.com. User names and passwords must be handled with care and be kept confidential.

3.2

In order to use the Service, you must follow the instructions that GST provides from time to time. As example, you may be asked to provide certain information regarding your equipment and system configuration.

3.3

You will need a stable internet connection to be able to use the Service.

3.4

GST may modify the Service, including the provision of the Service, at any time in GSTs’s sole discretion.

3.5

If you experience any issues in relation to the Service, or if you would like to terminate your Account, please contact us.

COLLECTION AND USE OF INFOMATION

4.1

As part of providing the Service, GST shall have the right to store and use files and information, which you supply to GST, for the following purposes:
a) file and data analysis; and
b) service improvements, customer support and other thereto related purposes.

4.2

GST will not send or otherwise share information, which you provide to us with third parties, except to the extent necessary for the provision of the Service.

LIABILITY

GST makes no representation or warranty, either expressed or implied, in relation to the Service, or the provision of the Service, and shall not be liable for any damages or losses that you, or any third party, may suffer due to deficiencies, defects or delays in the Service.

DATA PROTECTION AND SECURITY

6.1

To the extent personal data are collected, stored and processed, in connection with the provision of the Service, GST shall be the data controller and thereby responsible for the data processing.

6.2

GST will collect the data you submit to us, e.g. your name, e-mail address, user name and password. GST respects your privacy and we will only use the data for the provision of the Service. Legal basis for the processing will be to fulfil our obligations in the Terms.

6.3

We may share your data with partners and other companies within our group. Special safeguards are taken when transferring personal data outside the EU/EEA, such as using the standardised model clauses for data transfer adopted by the EU Commission.

6.4

GST will maintain appropriate technical and organizational security measures to protect the data. We will erase or anonymize the personal data when it is no longer needed for the purpose for which the data was collected.

6.5

You have certain rights in relation to our use of your personal data. You have a right of access, rectification, erasure and data portability, and you may also object to, and request us to restrict, the processing. Please contact us, should you like to receive information about your rights or if you like to terminate your account.

CONTACT INFORMATION

Garmin Sweden Technologies AB (Reg. No. 556612-7972)

Bultvägen 1A, 451 75 Uddevalla, Sweden

[email protected]

APPLICABLE LAW AND DISPUTE RESOLUTION

8.1

The Terms shall be governed by and construed in accordance with the substantive laws of Sweden without regards to its choice of law principles.

8.2

Any dispute, controversy or claim arising out of or in connection with the Term, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall be composed of a sole arbitrator. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be Swedish.