Terms and conditions

This agreement (the Agreement) establishes the terms and conditions governing your use of the services (the Services) provided by us also referred to as ‘we’ and ‘our’:
  • Name: Personal Big Data Ltd.
  • Address: Ratamestarinkatu 11 A 00520 HELSINKI
  • Telephone: 0800 158 158
  • Email: palaute@balancion.com
  • Business Id: 2583264-7
on the website located at balancion.com, from here on referred to as ‘Website’. By accessing the Website and using the Services you agree to be bound by this Agreement as amended from time to time.

Registering for the Services

  • 1. You shall follow the instructions on the Website in order to register as a user for the Services. All information marked with an asterisk needs to be filled in to enable us to provide you with the Services. We reserve the right to request you to change the login details, including username and password, (Login Info) requested by you without assigning any reason. We also reserve the right to reject your application to become a user of the Services without providing any reason for such rejection. If we accept your application we will inform you accordingly by email and will create an account personal to you (the Account) which you will be able to access by inputting your Login Info and which will give you access to our Services. We shall either create the Account for you or inform you that we have rejected your application within one business day. You agree that we may start to provide you with the Services before the commencement of the statutory period in which you may withdraw from this Agreement as stipulated in clause 42 hereof.

Customer Warranties

  • 2. By registering as a user of the Services you warrant that:
    • a. You are of legal age and have the capacity to enter into contracts in terms of applicable law;
    • b. You have a bank account with a credit institution in Slovakia;
    • c. You have read and understood the terms and conditions of this Agreement and agree to be bound thereby and comply therewith;
    • d. You have provided us with correct, up-to-date and accurate information about yourself and about accounts held by you on other websites and that you will provide us with any updates and/or corrections with respect to the data provided to us as soon as possible and not later than within five working days from becoming aware of the same;
    • e. You will keep safe and shall not disclose to third parties the Login Info;
    • f. You shall inform us immediately at the following email address: palaute@balancion.com if you become aware that the Login Info has become known to a third party and shall immediately request a change to such Login Info;
    • g. You will use the Services strictly in compliance with applicable laws, rules and regulations and in accordance with this Agreement;
    • h. You will use the Services strictly for your own personal use and shall not enter data belonging to third parties on the Website or to gain access to the Services;
    • i. You shall only use the Services for lawful purposes;
    • j. Any information that you will upload or post on the Website shall be legal and does not and will not infringe third party rights;
    • k. You shall not copy, modify, distribute or republish content of our Website or the Services
    • l. You shall not use any automated information gathering tool or program to access or copy the Website, or transmit any virus or other feature which may cause damage to the Website, the Services or any person using the same;
    • m. You shall not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used for the provision of the Services or the Website.
  • 3. You agree that in the event that you breach any of the above described warranties we shall have the right to terminate this Agreement with immediate effect and prohibit you from accessing and using the Services. You also agree that in case you breach these warranties you shall be solely responsible for making good any damages suffered by us or by third parties.

The Services

  • 4. We shall provide you with the following Services consisting of a personal financial information management tool which :
    • (a) will allow you to consolidate and track your financial information by accessing personal data about you from third party financial institutions, including credit institutions, with which you have a relationship, maintain accounts or engage in financial transactions. Such information will be made available to you when you access information held by the persons and entities above described through data retrieving tools provided through the Services. You acknowledge and agree that when data is retrieved from third party persons or entities by using our Services such data is being retrieved by you through our Services. When using our Services you agree to transfer information which is retrieved by you through our Services to us.
    • (b) will automatically categorise your financial information; provided that you acknowledge and agree that (i) due to the automatic categorization, the information may sometimes be categorized incorrectly and you may need to change the categorization of the information manually and/or that (ii) it may not always be possible for the tool to automatically categorise your data and that in some instances you may be required to categorise the data manually.
  • 5. We may provide you with analyses of your financial data retrieved by the tool, tips, recommendations and material to manage your finances. All the aforementioned will be provided to you for your own personal purposes only and may in no case be used in relation to any other person or situation, whether similar or otherwise.
  • 6. You are solely responsible for obtaining any hardware (computer) and software (web browser) as well as internet connection enabling you to access the Website and use the Services at your own exclusive expense even if updates are necessary due to updates in the Service’s contents or technology for the provision of the Services. We give no warranties, whether express or implied, with respect to the availability of the Services from your device.
  • 7. The Services shall be provided to you free of charge. You are solely responsible for any fees or charges you may have to pay to third parties in order to access the Services.
  • 8. We reserve the right to change or modify the Services at any time without notifying you in advance, for the purpose of improving and extending the Services or following technical development of the Services. No charges shall be charged for changes and modifications to the Services unless otherwise agreed between us.
  • 9. In providing the Services we shall endeavour to ensure that the Services are free from errors. You acknowledge and agree that there may be errors in the Services and accordingly it is impossible for us to guarantee the accuracy, reliability and applicability of the Services’ content to your needs and requirements and we do not accept any responsibility for any of your actions or omissions even if these are based on any of our Services including any analysis, tips or recommendations made through the Services. You agree that we cannot be held liable for any of your acts or omissions. Our Services do not constitute advice and we recommend that you seek legal, financial, or tax advice, as appropriate, before making a financial decision or implementing a financial strategy.
  • 10. We do not warrant that the Services or our Website are free from any virus or other function which may cause you harm. You agree to use the Services and the Website at your own risk. We agree to notify you without undue delay of any virus or other function which may cause you harm in case we become aware of any such virus or function.
  • 11. We are not responsible for the information which is provided by third parties and we are not responsible for checking the accuracy or timeliness of such information or for checking whether all financial information held by third parties about you was provided to us. Nor are we responsible to ensure that third parties hold or process the information provided to us in compliance with applicable law. Moreover, you understand and agree that it may not always be possible for us to retrieve financial information due to technological malfunctions or for other reasons.
  • 12. You accept that we are not provided with real time access to information held by third parties and that therefore the information held by us may be different from that which may be obtained by third parties or from the real situation of your finances at any point in time. Subject to the above, you should refresh the application within your Account regularly by pressing the refresh icon in order to ensure that the information provided to you through our Services is as timely as possible.
  • 13. We shall endeavour to provide you with the Services at all times. However, you agree that we cannot be held responsible for any technical or other disruptions to the Services or Website downtime. We retain the right to temporarily stop providing the Services in order to maintain the Website, update our Services or fix any errors in the Services or for any other cause which we consider reasonable.
  • 14. In providing you with the Services we shall have the right to provide you with new or updated pre-release additions to our Services without having the obligation to continue providing these services to you. Pre-release additions may contain errors that could cause corruption or loss of data or other failures for which we cannot be held responsible. Additionally, the use of such pre-release additions shall be subject to any special terms and conditions which we decide to impose in relation to their use, including the obligation on your part to provide us with feedback which we will have a right to use, free of charge, in any way, including (a) in order to continue to improve our Services or (b) to transfer such feedback to third parties without having the obligation to pay you compensation or acknowledge you. You will have the right to accept or refuse to use the new or updated pre-release additions to our Services. You understand and accept that it may not be possible for you to continue using the earlier version of the Services once you have accepted such pre-release additions or that when you re-convert to the earlier version you may lose data which you inputted in the pre-release additions.
  • 15. You can store your financial information, including transaction data, in your Account. However, your Account is not intended to be used for the storage of data but only in order to enable you access and use the tool specified in clause 4. You are solely responsible for ensuring that you have backed up any material saved on your Account and agree that we cannot be held responsible for the loss of any data stored on the Account.
  • 16. You are solely responsible for ensuring that the information you have stored in your Account is fully compliant with the law and does not infringe third party rights. We will hold you liable for any damages caused to us by breaching the provisions of this clause.
  • 17. Due to the character of the Services, we provide no warranties.

Information posted by You or other Third Parties

  • 18. The Website may contain editorial material, sponsored material and advertising. We shall endeavour to make such material clearly identifiable from our Services. Such material is compiled by third parties. We may receive fees or commission for publishing such material on our Website but you agree that we cannot be held responsible for such material.
  • 19. When accessing our Website you may be presented with an opportunity to place an order for, or to use third-party products, services and materials. You agree that we cannot be held responsible for the activities of such third parties, nor do such third parties in promoting or marketing their services or products provide services, products or materials on our behalf. Each third party is responsible for its own marketing, products, services and materials. Any contract for the usage of services or products between you and such third party will be created directly between the two of you, and we will not be a party to such agreements.
  • 20. The Website may contain various discussion fora, blogs and other such communication media available to the users of the Website. You agree to use these fora in accordance with good manners, the law and in accordance with any valid and applicable special terms and conditions. You shall be solely responsible for any content posted by you on the Website and shall hold us harmless and protected from any suit or claim made against us on the basis of any such posts.
  • 21. We reserve the right to monitor, moderate, edit and delete content on these fora at our sole discretion and without notice. However, we cannot be held responsible for monitoring the fora or for any content appearing thereon.
  • 22. You agree that we may use any posts in order to improve our Services or, other products or services provided by us or other Group Companies (being any subsidiary company of Ferratum Oyj) or even for marketing purposes.
  • 23. You are prohibited from posting any information which may be construed as an advertisement whether for a business or non-profit making/charitable cause unless otherwise expressly agreed to between us.

Indemnification

  • 24. You shall defend, indemnify and hold us and our officers, directors, shareholders, and employees, harmless from and against all claims and expenses, including but not limited to legal fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

Personal Data

  • 25. By registering yourself as a user of the Services you consent to our collection and processing of your personal data in accordance with the Finnish Personal Data Act (523/1999) and our Privacy Policy and further consent that we may process your personal data:
    • (a) for the purpose of providing you with the Services
    • (b) for internal assessment and analysis, including for the purpose of developing and improving our Services
    • (c) for direct marketing, such as informing you by telephone, mail, e-mail or other means about the our products and services and for research purposes; and
    • (d) if and when we are required to do so under any law, rule or regulation applicable to us.
  • 26. You agree that we may use anonymized data about you for statistical purposes. Any data, once anonymized, will not be considered personal data and you agree that we may freely publish and transfer it to third parties.
  • 27. You expressly agree that we can process and release information provided to us to our employees and Group Companies, as well as our business associates, agents, service providers for marketing purposes, for the purpose of carrying out an assessment about you, including credit worthiness assessments, when you apply for any service offered by such persons or entities, for the purpose of enforcing an obligation in terms of this Agreement and to detect and prevent possible illegal activities and violations against our policies.
  • 28. You have the right to request us to provide you with information about the personal data held about you and to request its correction or erasure, where necessary. You shall inform us immediately if there has been any change to the data provided to us. You have the right to request us, at no cost, to stop sending you any direct marketing.

Intellectual property rights

  • 29. By creating an Account for you we grant you a limited right to use the Services subject to the terms and conditions contained in this Agreement. This Agreement shall not confer on you any other rights including, patent rights and other intellectual property rights related to the Services or the Website.

Notices, claims and complaints

  • 30. By concluding this Agreement you agree that all relevant notices and other communications can be sent to you electronically by email or via SMS, or other means of communication agreed to for this purpose. Notices are considered received after 2 business days have passed from the date they were sent, with the exception of any communications sent by post which shall be considered received five calendar days after they are sent.
  • 31. In case you have any complaint, you are entitled to file them directly with us, using the contact data provided on the Website. Complaints shall be filed in writing. We shall endeavour to answer all complaints without undue delay. Complaints relating to the defects in the Services shall be answered within 30 days from the delivery of the complaint to us. In case your complaint is not answered in the period stated herein you have the right to immediately withdraw from this Agreement or demand the new provision of the Service.
  • 32. After receiving your complaint we will confirm its receipt and we shall inform you of your right: (i) to request the provision of the Services without any defect, if the defect is removable or (ii) to withdraw from the Agreement in case the defect is such as to prohibit the proper use of the Service and cannot be removed, or in case of a defect which is removable but which has occurred repeatedly or in case there are other defects which do not allow you to use the Services as intended. Due to the nature of the product, it may not be possible to remove any defects within the statutory period and in such a case you will have a right to withdraw from the Agreement immediately.
  • 33. After receiving your claim we will confirm to you its delivery and inform you on your rights related to the complaint, mainly that you have the right: (i) to request the provision of the Services without any defect if the defect is removable or (ii) to withdraw from the Agreement in case the defect cannot be removed and it bars the proper use of the Service, or in case the defect is removable but it occurred repeatedly or there are more such a defects and you cannot properly use the Services.
  • 34. You have the right to choose whether to receive new services without a defect, if the defect is removable or to withdraw from the Agreement. If you fail to choose, we shall have the right to choose the respective manner of settlement of your claim. We shall provide a remedy as explained above immediately where possible, or in more complicated cases within 3 working days and in very complicated cases requiring technical analysis, within 30 days as of the day of delivery of the claim to us. After the lapse of the period for settlement of your claim you have the right to withdraw from the Agreement or to request a new provision of the Service.
  • Amendments

  • 35. This Agreement may be amended at any time by us as a consequence of changes in legislative requirements and/or changes to the technical environment and/or changes in product or service parameters. We will inform you of any proposals of amendments to this Agreement by e-mail at least 30 days before the amendments come into force. Any and all amendments to this Agreement will be posted on the Website. Any amendment to this Agreement will state the date as of which it comes into force (however not earlier than 30 days from the day on which it was posted on the Website and delivered to you). The Agreement as posted on the Website shall indicate the date on which it was last revised. By using the Services after any amendment came to force, you agree to be bound by the terms of this Agreement as amended. You will be requested to confirm your consent with the amended version of the Agreement when logging into your account for the first time after the amended version of the Agreement comes into force. In case you do not wish to continue using the Service under the amended Agreement you can either withdraw from the Agreement at any time or to stop using the Service. If you do not use your Account for longer than 365 days your Account and the Agreement will be terminated automatically on the lapse of this time.

Assignment

  • 36. We shall have the right to assign our rights and obligations in relation to this Agreement to a third party only if such an assignment will not deteriorate the enforcement or security (if applicable) of your claims. In such a case we shall notify you in advance.
  • 37. Your rights to use and access our Services are personal to you and may not be assigned to any other person or entity.

Governing Law and Jurisdiction

  • 38. This Agreement shall be governed by the laws of Slovakia except for the agreement on personal data protection which shall be governed by the laws of Finland. In case of dispute the courts of your domicile shall have jurisdiction over the dispute.

Term and termination

  • 39. This Agreement is concluded for unlimited period.
  • 40. We have the right to discontinue providing the Service or part of it and/or to terminate this Agreement at any time. We shall notify you of our decision to discontinue our Services or any of them and/or to terminate this Agreement within a reasonable time unless such a decision is based on a material breach by you of this Agreement or an order by a competent court or authority. We shall have no obligation to inform you of the reason for such discontinuation or termination.
  • 41. You can terminate this Agreement either by notice or withdrawal without stating any reason with immediate effect without any notice period at any time by informing us of your decision.
  • 42. You have the right to withdraw from this Agreement without stating any reason within the period of 14 days from the conclusion of this Agreement. For the purpose of withdrawal from this Agreement you can use the form attached to this Agreement and deliver it (via regular mail, email or fax) to our business name and address, phone, fax, email stated on the Website. If you prefer, you can fill in and send the withdrawal template or any other exact declaration on withdrawal from the Agreement electronically or via our Website. If you use this way of withdrawal, we will confirm to you the delivery of the withdrawal on a durable medium without undue delay (for example by email).
  • 43. After termination of this Agreement (including the withdrawal and notice) we will close your Account and only save the personal data from your Account if this is permitted or required by law. Otherwise the personal data we hold about you will be deleted. You will not be charged any fee for termination of the Agreement and closing the Account and the Services used until the termination of the Agreement.

End Provisions

  • 44. If any provision of this Agreement becomes invalid, illegal or unenforceable and can be deleted without altering the essence of this Agreement, the invalid, illegal or unenforceable provision will be severed and the remaining provisions will remain in full force or effect. If the invalid, illegal or unenforceable provision cannot be deleted without altering the essence of this Agreement, this Agreement shall be considered terminated.
  • 45. Our failure at any time to enforce any of the provisions of this Agreement shall not be construed as a waiver of any such provision and shall not affect the validity of the Agreement or any part thereof or our right to enforce any provision in accordance with its terms.
  • 46. Our rights and remedies under this Agreement are cumulative and are in addition to and not in substitution of any rights and remedies provided for by law.
  • 47. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
  • 48. This Agreement represents the entire understanding and agreement between you and us regarding the subject matter herein, and supersedes all other previous agreements or arrangements.

The current version of this Agreement is valid and effective as of 1.07.2014.

Contact us!

Balancion
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0800 158 158 (free)
palaute@balancion.com