Privacy Statement

Fyr takes your privacy very seriously and shall handle your personal data with the utmost integrity and care. In this privacy statement, you will find out how we handle your data as well as learn about your rights with regards to the processing of your data. We advise that you read this privacy statement. Should you have any questions or remarks, you may contact us at info@fyrtheapp.com.

Who is fyr?

Fyr’s full name is fyr coöperatie U.A with her registered office and place of business at Maastrichter Smedenstraat 28c 6211GL, The Netherlands. We are registered at the Dutch Chamber of Commerce under KvK number 69611130.

Fyr has appointed a Privacy Officer. You can reach Christina Onoufriou at christina@fyrtheapp.com.

Why does fyr need your personal information?

We need to process your data for certain purposes. Underneath you will find an overview and explanation of each of these purposes. You will also find a specification of which type of data fyr uses for that specific purpose, the legal justification, and the amount of time fyr keeps this data.

CUSTOMER SERVICES, CUSTOMER MANAGEMENT

Purpose:                      account management

Information:              name of business, business address, name, email address, telephone number, browser data

Legal basis:                legitimate interests of fyr

Justification:             necessary in order to provide service

Storage period:       As long as necessary for this purpose

SOCIAL MEDIA

Purpose:                      account login information

Information:              name, email address, profile photo

Legal basis:                 fulfilment of contract

Justification:              necessary in order to provide service

Storage period:        As long as the user has an account with fyr

MARKETING

Purpose:                      email marketing

Information:             email address, name

Legal basis:                legitimate interests

Justification:             commercial interest of fyr

Storage period:       until the user unsubscribes from the mailing list

APP

Purpose:                      functioning of the app

Information:             Location information using Bluetooth tracking

Legal basis:                legitimate interests

Justification:             necessary to deliver services

Storage period:       until the user uninstalls the app.

Website

Purpose:                      Website analytics

Information:              page information (URL and page title), browser information,  user information (location derived from IP address, language derived from the language settings of the browser)

Legal basis:                 Legitimate interests

Justification:              commercial interest of fyr

Storage period:        As long as fyr uses the analytics tools.

SECURITY AND FRAUD PREVENTION

Purpose:                     client and server side authentication

Information:             unique user ID, URL,

Legal basis:                legitimate interest

Justification:              to ensure the safety and security of processing user data using SSL certificates.

Storage period:       As long as necessary to achieve purpose.

Parties that will receive your data

The following data processors may receive your data at any time that you make use of fyr’s service for one or more of the purposes stated in section 2. Your data may be transferred to:

·      Segment (analytics)

·      Bugsnag (error reporting)

·      Stripe (payment provider)

·      Plasso (payment provider)

·      Fullstory (analytics)

·      Drift (analytics)

·     Facebook (account management, social media)

·     Google (analytics, marketing)

·      Firebase

·      Hubspot(analytics,marketing)

It is possible that fyr is required to hand over your data to a third party, in order to fulfil their legal obligations. It is also possible that your personal data may be transferred to other companies within [name of organization]’s group.

Transfer of data to a party in a third country

For technical and operational reasons, it may be necessary that your personal data are transferred to organizations affiliated with fyr that are located outside of the European Economic Area. Because privacy regulations may or may not offer the same level of protection for your personal data, fyr shall make use of EU standard contractual clauses or binding corporate rules to protect your personal data to the highest degree possible. When fyr is unable to do this, fyr shall ask your consent to process or transfer your data in countries [MS1] where there are no adequate data protection laws in place. You may revoke this consent at any time.

What are your rights?

You are afforded certain rights over your personal information and the processing thereof under the General Data Protection Regulation (the GDPR):

· You may access and make changes to your personal information at any time if necessary in your personal account. If you
    would like to see what information fyr collects, you may request this at any time.

· If you would like to make changes or update your information that is otherwise not possible via your account, you may
    request that fyr makes these changes for you. You may request that fyr change, update, add, or delete your personal information.

· You also have the right, subject to certain conditions, to limit the amount of processing that fyr carries out.

· You have the right to object to the processing of your personal information based on your current circumstances, if such processing is based on legitimate interests of fyr or by a third party.

· You have the right to request that your personal data be delivered in a structure, legible, and machine-readable format. You also have the right to transfer this information to another data processor in case this processing has occurred with your consent or as part of a contractual agreement and such processing has been performed automatically.

· Whenever the legal basis for processing your data is based on your consent, you have the right to revoke this consent.

· This bears no consequence for past processing, but does mean that fyr will no longer be able to process your data. This may result in fyr no longer being able to provide certain services.

Any such request may be sent info@fyrtheapp.com. Fyr shall fulfil your request as soon as possible, and in any case not longer than one (1) month after the request is received. If fyr denies your request, fyr shall provide adequate reason about why your request has been denied.

Can changes be made to this privacy statement?

This privacy statement can be changed at any time. We encourage you to read this statement from time to time for possible changes.

Complaint or comment?

If you have any questions or complaints about this privacy statement and the manner in which we process your data, please send an email to info@fyrtheapp.com . You may also contact the competent national authority on data privacy. The name of Dutch competent authority is the Autoriteit Persoonsgegevens.

Terms & Conditions

In these Terms and Conditions, you will find information about our rights and obligations relating to the use of our  product and services. We recommend you carefully read these terms and conditions.

Article 1. Definitions

Terms and Conditions

The terms and conditions contained in this document.

LogIn Information

The combination of Customer username and password necessary to place an order on our Website.

Customer

The legal person that has placed an order on our website.

fyr

The cooperation fyr coöperatie U.A., registered and located at Maastrichter Smedenstraat 28c, 6211GL, The Netherlands.

Agreement

The agreement between Customer and fyr to be concluded upon placing and order for our Product and/or making use of our Services.

Product

A product offered on the Website by fyr

Privacy Statement

The privacy policy of fyr, which can be found on the Website.

Website

Fyr’s website where the Product(s) and Services are offered;

Article 2. Applicability

1. The Terms and Conditions are applicable to any offer the fyr sets forth on the Website, the use of the Website, and any Agreement concluded via the Website.

2. Fyr may supplement or modify to these Terms and Conditions at any time. Changes are not applicable to already concluded Agreements. The most recent Terms and Conditions can be found on the Website. In the event that the Customer does not agree with the modified agreement, the Customer is no longer able to place an order.

3. Fyr explicitly rejects any terms and conditions from the Customer. These will be treated as non - applicable to the Agreement between fyr and the Customer.

Article 3. Offer and formation of the Agreement

1. The Agreement is concluded by accepting the Terms and Conditions as part of completing the order
process.

2. Any offer on the Website is non-binding and may be immediately revoked at any time.

3. Fyr is not bound to any obvious errors or mistakes relating to Offers found on the Website.

Article 4. Use and availability of the Website

1. Fyr does not guarantee that information found on the Website is always correct, up to date, or complete.

2. During the order process, Login details must be filled in by the Customer. It is the responsibility of the Customer to ensure Login details are complete, up to date, and correct.

3. The Customer is responsible and accountable for any use of these Login details.

4. As soon as the Customer knows or has reason to suspect that Login Data has been received or used by unauthorized persons, the Customer shall notify fyr without prejudice to his or her own obligation to take immediate action, such as changing the Login Data.

5. Fyr reserves the right to change the login procedure or the Login details of the Customer if deemed necessary for the proper functioning of the Website.

Article 5. Price and Payment

1. The price stated for the Product or Service is valid at the time it is presented on the Website.

2. BTW (VAT) is included in the stated price. Any additional costs shall be noted on the Website, such as eventual shipping and transaction costs.

3. The available payment methods shall be communicated through the Website.

4. If the Customer does not pay on time or fyr is unable to collect payment via the payment method chosen by the Customer, fyr shall consider the Customer to be in default. Fyr is not required to send a (written) notice of default.

5. If the Customer is in default of payment, the supplier may outsource the claim.

Article 6. Delivery

1. Delivery dates indicated on the Website shall never be regarded as firm dates.

Article 7. Privacy

1. Personal data is transferred to fyr when the Customer visits the website, places an order, or fills in Login details. This personal data shall be processed according to the applicable laws provided for in the Privacy Statement.

Article 8. Conformity

1. If the Product does not meet the expectations conform the Agreement, fyr shall to attempt repair the product within a reasonable time. If for whatever reason replacement or compensation is not possible, fyr shall replace the Product within a reasonable time.

2. In the event that fyr is unable to replace or repair the Product within a reasonable time window, the Customer may seek a third party to perform the repair. Fyr shall compensate for the reasonable costs made by the third party relating to the repair of the Product.

3. In the event the Customer knew or reasonably could have known of the defect, or in the event the nature of the purchased Product or the nature of the defect should reasonably prevent the Customer from relying upon the provisions above.

Article 9. Limitation of Liability

1. Fyr’s liability is limited to the compensation of direct loss regardless of the stated claim for liability.

2. In regard to paragraph 1, fyr defines direct loss as:
   a. Property damage, solely within the meaning of Section 3 Chapter 3 of Book 6 of the Dutch Civil Code (Burgerlijke Wetboek)

   b. Reasonable costs made for avoiding property damage insofar the Customer can prove that the expenses incurred have led to a limitation in the property damage in relation to the Agreement.

   c. Reasonable expenses made by the Customer to establish the cause and extent of the damage, insofar the damage is directly related to the property damage in relation to the Agreement.

   d. Reasonably made costs made by the Customer to hold fyr accountable for the defective performance in relation to the Agreement.

3. Fyr is not liable for damage or loss other than direct loss as defined in paragraph 2. This includes, but is not limited to, loss of profit, loss of earnings, expected savings, and other similar financial losses as well as loss of goodwill or reputation and all other damage that does not fall within the scope of direct loss.

4. To the extent that fyr is liable, the liability is limited to the stated price of the Service or Product.

5. The right to claim compensation for damage expires one (1) year after the event that caused the damage has taken place.

Article 10. Miscellaneous

1. The Customer may not transfer any rights or obligations from the Agreement to third parties.

2. Dutch law is the applicable law to the Agreement. The application of the CISG is expressly rejected.

Cookie Statement

This Cookie Statement provides information on the cookies that fyr coöperatie U.A. (also named as: “fyr” or “we” and “our”) uses on the website fyrtheapp.com (hereafter: the “Website”) and for which purpose these cookies are used.

What are cookies?

Cookies are little pieces of (textual) information that are sent to your browser each time you visit our Website. This information is stored on your hard drive or memory on your computer, tablet, or mobile telephone (hereafter: “Device”). The cookies placed via the Website cannot cause damage to your Device or saved files.

Which cookies does fyr use?

Functional cookies

fyr uses functional cookies. These cookies are necessary to deliver the services and functionalities that you expect from our Website. Functional cookies store information about your login activity so that your information may be saved the next time you visit our Website

Analytics cookies

Fyr uses analytics services to measure the performance of our Website. The analytics services use cookies to analyse Website performance and sends this data to fyr. We use this data to gain insight on how well our Website is doing and enables us to make adjustments where necessary. The analytics services may transfer this data to third parties if it so legally obligated. fyr uses the following analytics services:

• Google Analytics
• Bugsnag
• FullStory
• Drift
• Intercom

Fyr has made sure that the analytics services we use adhere to privacy-friendly policies by concluding data processing agreements with our analytics service providers.

Social media plugins

Access is granted to several social media services via the Website, such as Facebook, Twitter, and Instagram by way of social media plugins. These plugins enable visitors to like and share content directly from the Website. Third party cookies may be placed via the social media plugins. Their purpose may be to optimize your browsing experience or to track your surfing history across multiple websites you visit and build profile based on your browsing behaviour.

Tracking cookies

fyr uses tracking cookies that enable third parties to send you personalized offers based on your browsing behaviour.
The Website places a cookie containing a unique identifier number. This cookie makes it possible to for the Website to recognize your device when you visit another website within our network. This enables us to show personalized advertisements on the other websites.
The information collected via these cookies are only used to show our advertisements on other websites and are not combined with other files on your Device.

Deleting cookies

You may revoke permission to place cookies at any time via your browser. You may also set your browser to not accept any cookies or to delete the cookies upon leaving our Website. Go to your browser settings to see how you can enable these options.

Please be aware that deleting or blocking cookies may lead to certain functions not working properly.

Refusing or deleting cookies only affects the device on which you perform this action. If you have visited our Website on multiple devices, you will have to perform the same actions for each device.

Privacy Statement

There is a possibility that some cookies may process personal data. If this is the case, such processing has been explained in our Privacy Statement. Please find the Privacy Statement on our Website.

Changes

This Cookie Statement is subject to change at any time. Any changes made to this Cookie Statement will be communicated via the Website.

Questions?

If you have any questions regarding this Cookie Statement, please contact us at info@fyrtheapp.com.

Service Level Agreement

1.  Performance Overview

Browser compatibility

Fyr’s website is available on computers, tablets and smartphones running the following browsers:

- Microsoft InternetExplorer 10,11.
- Microsoft Edge 12-17
- Mozilla Firefox 38, 40-61.
- Google Chrome 22, 24, 26, 29, 31, 33, 34-67.
- MacOS Safari 6.1, 8, 9, 9.1, 10, 10.1, 11, 11.1.
- Opera 12.1, 23, 36, 48 - 52.
- iOS Safari 4.3, 5.1, 7.1, 8, 8.4, 9.2, 9.3, 10.2, 10.3, 11.2, 11.3.
- Opera mini, all versions. Android 4.1, 4.3, 4.4, 4.4.4, 62.

Additional browsers may be compatible.

Recommended minimum resolution
- 800x600 for desktops and tablets
- 375x667 for smartphones

Device compatibility
The fyr app is available for devices running iOS 11 or higher and android Nougat (6.0) or higher.

Uptime
The website and app are available for download 24/7, subject to updates, resulting in a 99.7% uptime. The response time for bugs with either the app or website submitted to info@fyrtheapp.com, is 4 hours.

2. Definitions

A number of terms have been defined in this SLA. These are always written with a capital letter and can be used both in singular and in plural. The terms are defined below.

Availability The total period of time in which, the Service was actually available, expressed as a percentage of the total duration.
App The application downloaded from the,Google Play Store or the iOS App Store used to access fry’s Service.
Fyr The company fyr coöperatie U.A.
Failure The substantial and repeated non-performance of the Service in accordance with its specifications and / or the interrupted or insufficient availability of the Service.
Fault The presence of a bug in some part(s) of the Service
Free Membership The membership for a Customer who has access to the basic features of the Service. These include being featured on the map inside the app, and the ability to upload a product in the /profile section of the Website.
Notification A notification from a user to Fyr of a problem relating to the Service.
Planned Maintainance Performing corrective, preventative, or constructive work in connection with the Service.
Premium Membership The membership for a Customer who has access to the premium and basic features of the Service. These include the features in the Free Membership, as well as analytics. For the duration of the premium membership, Fyr will supply the Customer with one fyr beacon.
Primary User A user who has been appointed by the Customer as manager of the Environment.
Recovery Time The time measured and recorded by fyr between the time at which the Customer has reported a Fault and the time at which the Fault is resolved, as determined by fyr.
Response Time The time measured between first notification and first response.
Service Activity related to the use of the App or the Website
Service Hours The
time customers can expect a response from fyr. These times are defined as 09:00
- 17:00 and weekends from 12:00 - 16:00.
Website fyrtheapp.com

3. Support

3.1  Fyr will use commercially reasonable efforts during the term of the Agreement to provide the Customer with Support for the use of the Service with regard to the functionalities of the Service.

3.2.  Fyr can only provide Support if Customer uses operating systems supported by the manufacturer. Support includes the provision of general assistance in the use of the Service, explanation of the documentation, assistance with the proper functioning of the Service and verification and analysis of the accuracy of imported or processed data.

3.3.  Support does not include fully explaining the application possibilities of the Service to Users who have not followed training and providing implementation services, providing training and providing consultancy services.

3.4.  Customer must appoint at least one Primary User. One of the Main Users will act as a contact person with fyr. Fyr may require Main Users to meet skill requirements or attend training courses set by fyr.

3.5.  The support is provided via an online help desk function on the Website, via email, or by telephone. Telephone support is only granted during Service Hours. Fyr will make an effort to answer questions adequately, but does not guarantee the correctness and completeness of the answering.

3.6.  Users may file a report to fyr via the online help desk on the Website.

3.7.  Support is provided from fyr’s place of business. If Support is required at the Customer's location, the Customer must conclude a separate agreement with fyr for this purpose.

3.8.  Fyr is not liable for the incorrect, incomplete or late transmission or receipt of a report, caused by faulty operation of telecom services or equipment of the Customer or a third party.

4. Malfunctions

4.1  Malfunctions are errors that result in the Service being unavailable.

4.2.  Fyr strives to rectify Malfunctions in so far as the Malfunction is caused by fyr or the environment where a Malfunction occurs falls under the management of fyr.

4.3.  A malfunction that is caused by other parties or environments, which the Service of fyr communicates with or that is used for or by this and for which fyr does not manage, is referred to as an External Malfunction. External Malfunctions are not accounted for in the calculation of the Availability.

4.4.  Priority level of Malfunctions:

Severity Level Definition Response Time Recovery Time
1 Website/Application not functioning at all (on any
device) for customers on Premium plan
30 minutes 1 day
2 Website/Application not functioning at all (on any device) for customers on Free Membership 1 day 3-5 days
3 Beacon out of battery/not working 30 minutes 1-3 days
4 Application/Website experiencing some bugs but does not seriously prohibit performance 2 days 10 days

4.5  Fyr reserves the right to decide the severity level of an incoming notification.

5. Availability

5.1  Fyr coöperatie U.A. guarantees a 99.9% uptime for the website https://fyrtheapp.com/ and the following paths after the last trailing slash (“web”, “map”, “about”, "businesses-on-fyr”, “sign-up”). There is a 99.7% uptime guarantee for services reached from the https://fyrtheapp.com/profile domain.

5.2.  The above mentioned guaranteed uptime are subject to a successful sign-up at https://fyrtheapp.com/sign-up. It should be noted that some of these services differ depending on the membership chosen.

5.3.  The availability is always calculated per calendar month as follows: Availability = 100 * ([number of minutes — minutes Malfunction] / number of minutes).

5.4.   Malfunctions caused by a circumstance outside the control of fyr or as a result of force majeure, emergencies, scheduled maintenance or actions of the Customer in violation of the Agreement are not considered as Malfunction in the calculation of the Availability.

5.5.  Barring proof to the contrary, all availability and service levels measured by fyr are conclusive.

5.6.  If the Availability is not met, only the remedies in section 9 apply.

6. Recovery and Response times

6.1.  An exceeding of the Recovery Time or the Response Time can not be attributed to fyr if this is caused by a circumstance outside the control of fyr or as a result of force majeure, emergencies, Scheduled Maintenance,
actions of the Customer in conflict with the Agreement, if fyr requires the help of Customer or Customer to identify or isolate a problem or malfunction and this assistance is not provided by the Customer or Customer or if the systems of the Customer are inadequate or the Internet infrastructure is inadequate.

6.2.  Fyr is not obliged to repair faults that Fyr reasonably believes to be caused by:
        A. Changes that the Customer has made to the Service,
        B. The operation of other software (such as the operating system or database software) or of hardware or other               equipment owned by the Customer,
        C. The use of the Service in combination with data / Content of the Customer that does not comply with the data               format required for the Service,
        D.  Misuse of the Service by Customer or Users, or not using an update made available by Fyr to the Customer.

6.3.  In the event that fyr performs repair work in respect of the Fault and thereby reasonably establishes that the Fault cannot be attributed to it, fyr has the right to charge a fee for the time and materials spent at the then applicable rates of fyr, and the Customer is obliged to pay this fee.

7. Maintenance

7.1.  Fyr will provide the Customer during the term of the Agreement with updates of the Service and other maintenance as far as available.

7.2.  If the Service will not be available as a result of Planned Maintenance, fyr will announce this at least 2 working days before the planned Maintenance starts.

7.3.  If it is expected that the Planned Maintenance will affect the Availability, fyr will strive to carry out the Planned Maintenance as much as possible outside of Office Hours.

7.4.  Fyr strives to perform Planned Maintenance no more than two (2) times per month, striving to have the Scheduled Maintenance not start before 11:00 pm Dutch time.

7.5.  If there is an emergency or if the maintenance is to take place immediately, fyr may deviate
from the above. Fyr will strive to inform the Customer as soon as possible about the emergency, the work to be       performed and the estimated duration thereof.

8. Remedy

8.1.  If a service level as set out in section 4.5 is not met, the Customer is entitled to remedy.  During the term of the Agreement, the following legal remedy is exclusive (except in case of dissolution), and there is no right to additional  compensation for the Buyer. If a Response Time is not met, the Buyer cannot derive any rights from the SLA.

8.2.  The customer can only provide one (1) notification per month. Providing a first Yellow notification for a specific Service Level remains without immediate effect. If, in the period following the month in which the first notification is given to fyr for a specific Service Level, a second Yellow notification is given to fyr, this means that fyr automatically receives a Red notification. However, if in the period following the month in which the first notification was given to fyr for a specific Service Level, no notification follows, the first notification for that specific Service Level still lapses.

8.3.  A notification Red has the effect that Fyr owes the Customer a  fee for that month, consisting of a certain compensation in accordance with the table below.

Notification Compensation
First Notification 3% of the monthly subscription fee
Second Notification 6% of the monthly subscription fee
Third Notification 9% of the monthly subscription fee
Fourth Notification 12% of the monthly subscription fee
Fifth Notification 15% of the monthly subscription fee

8.4.  The discount due will be settled with the next invoice. If the Customer is of the opinion that no discount or
an insufficient discount is included in the invoice, it will inform fyr of this. Fyr will investigate the Customer's complaint and inform  the Customer about the outcome. If amounts owed cannot be offset by fyr, fyr will pay these amounts to the Buyer within a reasonable period.

fyr coöperatie U.A.