WEBSITE TERMS AND CONDITIONS
Applicable for domains: www.analytics-pika.fi and www.atsea.fi – Effective from 10 February 2023
1. Using the website
By using our Website, the User/Visitor is accepting the following terms and conditions. If the User/Visitor does not want to be bound to those Terms and Conditions, the User/Visitor must abstain from accessing or using the Website. We reserve the right to change these terms and conditions at any time and the User/Visitor is advised to review these terms regularly to be aware of any changes. User/Visitor’s continued use of the Website after such changes are posted will be deemed agreement to these terms and conditions as amended.
2. Intellectual property
2.1. Copyright and all intellectual property rights in the content of the website are vested in Analytics Pika Oy and reserved, unless indicated otherwise. All content of the Website, including text, images and designs belongs to Analytics Pika Oy unless indicated otherwise. The use of the content of the Website is subject to the following conditions: (a) It is used for information purposes only (b) Any copies or downloads of any content from the Website must include a notice that copyright in the relevant material is owned by Analytics Pika Oy.
2.2. Except as expressly provided above, nothing contained on this Website should be construed as conferring any licence or right to use any trademark or copyright of Analytics Pika Oy or any third party.
3. Usage and Contributions to the Website including Analytics Pika’s Blogs
3.1. Customers/Visitors may submit comments to Analytics Pika, including without limitation for publication on our Blogs.
3.2. Any comments submitted in connection with our Blogs are submitted on the basis that we will review and may edit such comments prior to publication on the Website, and that not all submissions will be published. Publication is entirely at the discretion of Analytics Pika Oy. We accept no responsibility or liability in relation to the content of any material posted or published on this Website by third parties or in relation to contributions by third parties which we publish on the Website. The Customer/Visitor is entirely liable for all activities it conducts on our Website including any persons authorized by or otherwise acting on Customer/Visitor behalf.
3.3. If and to the extent that a Customer/Visitor submits any personal data (such as the name and email address) to Analytics Pika through the Blogs, Analytics Pika confirms that it will only use any such personal data for the purposes for which it was provided.
3.4. All communication between the User and Analytics Pika, operating the Website, must be conducted through the form provided on the Website or by reply to an email sent from Analytics Pika “Contact” email. Replies to emails containing designation “noreply” are not considered as valid form of communication and may remain without respond.
3.5. Any communications which we receive in connection with the Blogs and any material that is transmitted or posted or submitted via this Website will be deemed non-confidential and non-proprietary and we reserve the right to use the content of such communications for any purpose we deem fit. In relation to such contributions, the contributor grants us a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, edit, publish and exercise all copyright and publicity rights with respect to such work world-wide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with the privacy restrictions set forth in the Privacy Policy. If the Customer/Visitor do not wish to grant such rights to Analytics Pika it shall not submit such contribution to this Web site. By submitting a contribution to this Website, the Customer/Visitor also:
3.5.1. Warrant that such contribution is own original work and that the Customer/Visitor has necessary rights to make it available to Analytics Pika for all the purposes specified above;
3.5.2. Warrant that such contribution is not defamatory, does not infringe the rights of any third party and does not infringe any law;
3.5.3. Agree to use this Website only for lawful purposes and in a manner that does not restrict or inhibit the use and enjoyment of this Web site by any third party. Prohibited behavior includes, without limitation, conduct which is unlawful or which may harass or cause distress to any person and the submission or transmission of content, which is defamatory, abusive, obscene, offensive, pornographic, indecent, discriminatory, inflammatory, in breach of confidence or privacy or which in the opinion of Analytics Pika may cause offence to any person or damage our reputation. You must not use any abusive or aggressive language, swear, threaten, harass or abuse any other person, including other users;
3.5.4. Agree to indemnify, defend and hold harmless Analytics Pika against any claim, liability, cost, damage, or loss we may incur (including without limitation legal fees) as a result of any violation by the Customer/Visitor of the provisions set out in this clause 3;
3.6. The Customer/Visitor must not intentionally violate any laws, rules or regulations.
3.7. Customer/Visitor must not post nor recommend any other Website nor refer to specific URLs (Website addresses) where those linked Websites would infringe any of the above provisions. The Customer/Visitor must not post any advertisement on the Website.
3.8. The Customer/Visitor must not access or search @SEA affiliated Website by any means other than Analytics-Pika Oy’s publicly supported interfaces (for example, “scraping”), and to use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
3.9. The Customer/Visitor must not probe, scan, or test the vulnerability of the Service or network.The Customer/Visitor must not breach or circumvent any security or authentication measure. Attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g., using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period.
3.10. The Customer/Visitor must not reverse engineer, disassemble, resell, or make available any resources obtained through our website to any third party, or otherwise commercially exploit the resources offered by the site.
3.11. The Customer/Visitor must not impersonate another person or misrepresent authorisation to act on behalf of others.
3.12. The Customer/Visitor must not attempt to undermine the security or integrity of the Underlying Process(es) or System(s).
3.13. The Customer/Visitor must not attempt to view, access, or copy any material or data other than that which the Customer is authorised to access.
3.14. Analytics Pika Oy reserves the right to take any action against any account or user, at any time, for any reason. We may at our discretion terminate access to the Website or to the registration areas of the Website, or prevent Customer/Visitor from submitting comments via the Website immediately and without giving advance notice. If the breaches to these terms and conditions are detected, and we consider such behaviour to be serious and/or repeated, we may use whatever information is available to us to prevent further breaches. It includes termination of access to the Website or to registration areas of the Website and banning the misbehaving Customer/Visitor from opening another account with us or registering again and we reserve the right to terminate any such account or cancel any such registration.
4. Registration to the Website
Some of the website resources are restricted to registered users. The Customer is required to register as a personal user of the Website and must use own identity even if acting in professional capacity in line of business of the employer. The customer is obliged to provide accurate and complete registration information, and those acting in professional capacity should use their work email address and credentials. Registration is for a single user only and shared accounts are not permissible. The username and password are personal to each and every Customer and may not be used by anyone else to gain access to areas restricted to registered users.
5. Account deactivation
If the User no longer wishes to use Analytics Pika Oy services, we can deactivate your account. The User’s data will be deleted upon receipt of the User’s request through the form on our website. Purchase related data may be retained for extended periods where required by law to fulfill our financial and taxation reporting obligations.
6. Disclaimer and limitation of liability
All presented information, data and insights presented or distributed through this Website have been collected, processed and presented with outer most care, but it just represents general terms and should be seen as broad guidance only. The information cannot be relied upon to cover specific situations and the Customer/Visitor should not act, or refrain from acting, upon the information contained therein without obtaining specific professional advice.
6.1. The content of this Website is intended to provide general guidance on matters of interest and about the services provided by Analytics Pika Oy. The content of this Website does not constitute, nor should it be relied upon as professional advice.
6.2. In preparing and maintaining this Website every effort has been made to ensure the content is up to date and accurate. However, law and regulations change continuously and unintentional errors can occur leading to sporadic inaccuracies or omissions. Analytics Pika Oy makes no representation or warranty (including liability towards third parties), express or implied, as to the accuracy, reliability or completeness of the information published on this Website.
6.3. Analytics Pika Oy accepts no liability for any loss or damage whatsoever (including but not limited to any indirect, consequential, special, exemplary or similar damages) arising as a result of any decision or action taken or refrained from as a result of information contained on the Website or other Websites to which it may be linked, or as a result of Customer/Visitor’s use or misuse of the Website.
6.4. Without prejudice to the generality of clause 3.4.4, the Customer/Visitor agrees to indemnify, defend and hold harmless Analytics Pika Oy against any claim, liability, cost, damage, or loss we may incur (including without limitation legal fees) as a result of any violation by the Customer/Visitor their obligations under these terms and conditions.
7. Privacy Policy
7.1. Information collected during the visit to the Website
7.1.1. It is made clear when personal information is being collected (e.g. user registration process, product customization form). We may request the name, email address, postal address and post code, telephone number and company name, depending on the particular purpose for which your personal information is being collected.
7.1.2. The personal information requested is kept to a minimum required to deliver secure, fast and reliable service. In certain circumstances, additional information may be requested to enable us to provide the most appropriate response to your request or enquiry, or to enable us to deliver custom services as per customer inquiry.
7.1.3. Sensitive information is not required or collected through the Website. Sensitive information includes data relating to race or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health, sexual life or criminal matters. Any request of such information shall be regarded as clear sign that the Customer/Visitor has left our Website or the connection is compromised. In such instance, Analytics Pika takes no responsibility for any information the Customer/Visitor choses to share with the third party.
7.1.4. Registration is not required to access the Website. However, registration is required to access certain areas of the Website or services provided via the Website.
7.1.5. IP addresses of visitors are logged for administration and trouble shooting purposes. The IP address indicates the location of your computer on the internet, and in aggregated form are used to provide statistical information about the users of our Website. No individual user will be identifiable from such information, which will be used to ensure that the Website reflects the needs of our users. IP addresses are not used to track the session and are not linked to anything personally identifiable.
7.1.6. To ensure that our Website is well managed and to facilitate improved navigation within the Website, we may use cookies (small text files stored in a user’s browser) or Web beacons (electronic images to count visitors who have accessed a particular page) to collect aggregated data. We use cookies to:
7.1.6.1. Manage our Website. Cookies identify individual users when they log in to the Web site and enable us to personalise the Website.
7.1.6.2. Track information on our systems and identify categories of users by items such as address, browser type and pages visited.
7.1.6.3. Analyse the number of visitors to different areas of the Website and to make sure that our Website is serving as a useful, effective information source.
7.2. Use of personal information
7.2.1. Analytics Pika uses personal information for the specific purpose for which it was provided, except where Customer/Visitor has indicated the desire to receive other information from Analytics Pika Oy.
7.2.2. To unsubscribe from communications sent by Analytics Pika Oy, an email message must be sent to unsubscribe@analytics-pika.fi or you can use the unsubscribe link in the email newsletter.
7.3. Access to personal information by third parties
7.3.1. Although Analytics Pika Oy may provide the personal information to service providers that handle information, under a data processor agreement on our behalf, we do not share, sell or distribute personal data to or with third parties unless the transfer of the data to third parties is necessary for the performance of the purpose for which it was provided.
7.3.2. Information is not provided to third parties for their own marketing purposes and mailings are not undertaken by Analytics Pika Oy for third parties.
7.3.3. Analytics Pika Oy may disclose, transfer, sell or assign any of the information described above, including personally identifiable information, to third parties, as a result of or in preparation for the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of Analytics Pika and you consent to such disclosure, transfer, sale or assignment.
7.4. Information Retention
Information is only kept for the period required for fulfilling your request and for a reasonable period of time thereafter for our administration and marketing purposes.
7.5. Information Security
7.5.1. Generally accepted standards of technology and operational security have been implemented to protect personal information from loss, misuse, alteration and destruction. Regrettably, no data transmission over the internet can be entirely secure, and while Analytics Pika Oy will always use reasonable endeavors to protect all personal information, we cannot guarantee that no information becomes subject of unauthorized third-party use or intrusion. Therefore, Analytics Pika Oy cannot guarantee the security of personal information, or information regarding the use of the Website.
7.5.2. Analytics Pika Oy cannot guarantee that the Website is free from viruses or malicious codes. It is the responsibility of the Customer/Visitor to ensure that their information technology/equipment used to access the Website is protected against such viruses and/or codes.
7.5.3. At Analytics Pika Oy, all employees and principals are required to keep personal information confidential and only authorised personnel have access to this information.
7.5.4. In case of a data breach, we are obligated to report it to the relevant authorities within 72 hours.
7.5.5. VAT numbers supplied during the purchase process are shared with appropriate tax authorities together with invoicing information as part of our tax reporting duties.
7.6. Monitoring emails
Analytics Pika Oy may intercept, monitor and/or keep records of email communications entering and leaving its systems. By using Analytics Pika’s systems for communication, the Customer/Visitor is deemed to have consented to such interception and monitoring.
7.7. Links to third-party Websites
7.7.1. Analytics Pika Oy is not responsible for the privacy policies of third party Websites to which links are provided and the Customer/Visitor is advised to read the privacy policies on these Websites before providing any personal information.
7.7.2. Analytics Pika Oy cannot guarantee that third party websites to which links are provided are free from viruses or malicious codes. It is the responsibility of the Customer/Visitor to ensure that their information technology/equipment used to access the third-part websites is protected against such viruses and/or codes.
7.8. Accessing and reviewing personal information
7.8.1. The Customer can review and update personal information held by Analytics Pika by login in to their account and reviewing the personal information section.
7.8.2. Analytics Pika Oy assumes responsibility for keeping an accurate record of Customer personal information as it is submitted. However, Analytics Pika Oy cannot ensure the ongoing accuracy of such information after it has been submitted. It is the responsibility of the Customer to keep their personal information current and accurate to ensure correct service delivery.
8. Interpretation and Applicable Law
8.1. If any of these provisions is deemed invalid, illegal, void, unenforceable or in conflict of the applicable law of any jurisdiction, that provision will be deemed severable from the rest and will not affect the validity, legality and enforceability of any remaining provisions.
8.2. This Agreement and any dispute arising out of or in connection with it (whether contractual or non-contractual) shall be governed by the laws of Finland. Any dispute, controversy or claim arising out of or relating to the purchase or use of the digital products acquired from Analytics Pika Oy through @SEA platform, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The seat of arbitration shall be District Court of Vaasa, Finland and the language of the arbitration shall be English.