Terms & Conditions

OVERVIEW

The KinderID service (the “Service”) is operated by Safety Innovation AS. Throughout the Service and these Terms and Conditions (defined below), the terms “we”, “us” and “our” refer to Safety Innovation AS. Safety Innovation AS offers this Service including the KinderID application (the “App”), including all information, tools and services available from this website (the “Site”) and the App to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site/App and or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms and Conditions”, “Terms”), which include those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Site/App, including without limitation users who are browsers, vendors, customers, merchants, and or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our Site/App. By accessing or using any part of the Site/App, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the Site/App or App or use any Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Our Service is currently only available in international English. We cannot guarantee that our Service will be available in your local language.

Any new features or tools which are added to the current Service shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Site/App. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site/App following the posting of any changes constitutes acceptance of those changes. Our Service is hosted by Safety Innovation AS.

SECTION 1 – SITE AND APP TERMS

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country/state or province of residence and you have given us your consent to allow any of your minor dependents to use our Site/App.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the

Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Service.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse our Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site/App through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on our Site/App is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Site/App is at your own risk.

Our Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our

Service at any time, but we have no obligation to update any information on our Service. You agree that it is your responsibility to monitor changes to our Service.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS AND SERVICES

Certain products or services may be available exclusively online through the Site/App. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site/App is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to update your account and other information promptly, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy section.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools. Any use by you of optional tools offered through the Site/App is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).

We may also, in the future, offer new services and/or features through the Site/App (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

SECTION 8 – THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties. Third party links on this Site/App may direct you to third party Sites/Apps that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 – RETURN POLICY

Returns

You have 14 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. The inside packaging cannot be opened and with no scratches etc. Your item needs to have the receipt or proof of purchase enclosed with the return package. By activating your account (logging in to the app and registering your wristband ID) you are not eligible for a return.

Refunds

Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies.

Shipping

You will be responsible for paying for your own shipping costs for returning your item.

To use your right of return please email us within 14 calendar days after receiving the item. Use the e-mail address under and attach your order id and a description of which items you want to return. You need to make a copy of the email and attach the return package. If the copy doesn’t follow the return package we will not be able to identify the return and it will therefor not be valid.

returns@kinder-id.com

By shopping through our webshop you also agree to our Terms of Sale.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site/App or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the

Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Safety Innovation AS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Safety Innovation AS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these

Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and

Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site/App.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this Site/App or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW AND JURISDICTION

These Terms and Conditions and any separate agreements whereby we provide you products or Services shall be governed by and construed in accordance with the laws of OSLO, NORWAY.

Any disputes arising out of or connected to these Terms and Conditions shall be referred to the exclusive jurisdiction of the Norwegian courts of law, with Oslo District Court as legal venue.

SECTION 19 – DATA PRIVACY

This section gives you an overview of how Safety Innovation AS collects and uses your personal data in connection with your purchase of KinderID and use of the Site/App. Safety Innovation AS NO 917 534 136 VAT is data controller for the processing of personal data. If you have any questions regarding how personal data is processed in connection with the Site/App, or if you want to exercise any of your rights under applicable data privacy law, please contact us via terms@kinder-id.com.

Below is a description of what and whose personal data we process, the different purposes such data is being processed for, the legal bases for the processing, and with whom we may share the personal data.

1.The purchaser of a KinderID product

We collect the purchaser’s contact information (name, address, postal code and country) in order to be able to deliver the ordered product to the purchaser. The legal basis is that this is necessary for the performance of a contract with the purchaser.

We do not collect or store information regarding payment details. Such personal data are collected and processed by Stripe or Vipps. Read more about Stripe’s processing of personal data HERE. Read more about Vipps’s processing of personal data HERE.

The user

We collect the user’s name, mobile number, e-mail-address, and purchase history in order to be able to identify the user. The e-mail-address is used to send the activation code in connection with registration and if you have forgotten a password, and help us easier identify and shut out false users. The legal basis for such processing is that it is necessary for pursuing our legitimate interests in verifying our customers to be able to offer better customer service and prevent misuse and fraud. We will also use the email and mobile number for marketing purposes.

We process the user’s telephone number and collect and process information of the user’s location so that the user (parent/guardian) may be contacted by the person who finds the KinderID. Telephone number and location will only be shared in the event that someone finds the user’s KinderID, and the user accepts to start a session (reunion of the KinderID). The legal basis for such processing is that it is necessary for your legitimate interests in connecting you with the one who found the KinderID and our legitimate interests in offering the Service. Information about the user’s location will only be stored until the session has been closed. We do not store information about the user’s location history.

The KinderID product

We only process such information regarding the KinderID that you provide (optional name and KinderID serial number). In order to protect the privacy of the KinderID, we recommend that you provide a pseudonym rather than the KinderID products real name. The purpose of this processing is to make it possible for the user to distinguish between different product in the App, and that we shall be able to identify an account in connection with troubleshooting and customer service. The legal basis for such processing is your and our legitimate interests in being able to distinguish between accounts in the above-mentioned situations. The information is not shared with anyone else. The KinderID does not in itself contain any technology for tracking. We do not have any information regarding which KinderID serial number is sent to which address. All KinderID products comes in closed boxes and are picked randomly.

The Finder

We process personal data about the person who finds the KinderID (the “Finder”). Such personal data includes location and telephone number in order to enable contact between the Finder and the user. The legal basis for such processing is the Finder’s consent which is obtained through the Site/App or the App. Personal data about the Finder are only processed during an active session, and is deleted when such session is ended.

Guardian SMS contacts

The user may add 0-2 family members or other trusted persons to become a guardian SMS contact for the KinderID product(s). This is done by typing in their telephone number in the Apps settings menu. If the user does not respond to the Finders request within 60 seconds the Guardian(s) will receive an SMS detailing the Finders number and location. We do this as an extra layer of security for our users.

Cookies

We use cookies on our Site/App and App to obtain statistics and improve the user experience. All users consent to cookies when they access the Site/App for the first time or register within the App.

User control of personal data

All personal data is the property of the user. The data can be deleted by accessing your profile on the Site/App. If a user chooses to delete its profile, all personal data will be deleted from our database, apart from purchase history which we will store for possible customer service enquiries.

Access and data portability

If a user desire access to or receive the personal data concerning him or her, please contact customer service, which will send this data to the user.

Data processors:

  1. Firebase to provide push notifications and store orders.
  2. Sendgrid to provide automated emails.
  3. Email to provide customer service.
  4. Stripe or Vipps to process payments.
  5. Twilio to provide SMS.
  6. Digital Ocean to store our data.

All data processors have developed new privacy policies for EU-citizens, in accordance with the GDPR of 25th of May 2018:

Where do we store personal data?

We only process personal data on a dedicated server at the company Digital Ocean LLC and Google Firebase. No employees at Digital Ocean or Google Firebase has access to our personal data. We will not transfer your personal data outside the EU/EEA-area.

Security measures to ensure security of personal data

All routs are ensured by JWT (Jason Web Token).

All data and communication with the server are encrypted with SSL. This entails that no one can track the user’s location or extract data.

All gateways are closed, only the HTTPS and SSH are open through the firewall.

We are working actively to implement new security measures to ensure the best level of security.

SECTION 21 – CHANGES TO Terms & Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and

Conditions by posting updates and changes to our Site/App. It is your responsibility to check our

Site periodically for changes. Your continued use of or access to our Site/App or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at terms@kinder-id.com.

Questions about Returns should be sent to us at returns@kinder-id.com.

Questions about data privacy should be sent to us at terms@kinder-id.com.

SECTION 23 – MARKETING

By creating a user or using our services you agree that we can send you information about our service at any time. You also accept that we can use your contact information to send you information and offers regarding other products sold by Safety Innovation AS and selected partners, including newsletters. We will never give any personal information about you to anyone but legal enforcements such as international and local police, government etc.

Returns should be sent to:

WePack AS – KinderID, Safety Innovation AS

Postboks 38 Holmlia, 1201 Oslo NORWAY

Company details:

Safety Innovation AS

NO 917 534 136 VAT

Fredensborgveien 24D, 0177 Oslo NORWAY

Last updated, October 2019.
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