Welcome to FIBES

Valid from 2023-02-01

Last updated 2023-02-01

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1. About these Terms of Use

These terms of use ("Terms") are applicable between you as a user ("User", "You") and FIBES Family AB, org.nr 559339-1930, ("Fibes", "We", "Us") when You use Our application (the “Application”). In this agreement, the "Application" refers to the company's app FIBES Fabric Finder, which can be accessed through Our website www.fibes.se (the "Website") and the Apple App Store and Google Play Store. The application is free to download.

To use the Application, You must be at least 18 years old and otherwise be authorized to enter into agreements and accept to be bound by the Terms. You must also run a business with the purpose of purchasing, selling or otherwise distributing fabrics or similar activities. Private individuals do not have the right to use the Application.

The application may only be used for the functions that are at any time available in the application for you as a user.

Please read the following terms carefully. By accessing or using the Application, you agree to these terms of use. By using the Application, You confirm that You have read, understood and accepted to be bound by the Terms.

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 2. About the Application

Through the Application, you who are engaged in business activities in the trade, sale or distribution of fabrics can search fabric assortments from our suppliers. If applicable, you can also order fabrics from our suppliers through the Application. We do not sell any fabrics ourselves but only convey information about fabrics through Our suppliers.

To use the Application, you must create an account. The registration requires your organization number, your first and last name, telephone number, e-mail address and password. You will receive an e-mail from Us with a code that you must enter in the Application together with your e-mail address and the password you choose to confirm your registration and activate the account. The application can be used both in mobile phones and as a software on your computer.

We have the right, without prior notice to or consent from User, to cancel, delete, lock, freeze or refuse a user account, without prior notice to or consent from User. As a User, you can voluntarily terminate your user account by deleting the account manually via the "Profile" tab in the mobile application.

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 3. Our rights and obligations

The Application is provided “as is” without any express or implied warranty. We do not guarantee specific availability, quality or suitability for a particular purpose and make no guarantees that the Application will always be free of errors or interruptions. Your use of the Application is solely at your own risk. To the extent permitted by mandatory Swedish law, We are not responsible for your or third parties' direct, indirect or other damages of any kind. We are not responsible under any circumstances for any claims against you from suppliers or other third parties.

The application is continuously developed and may therefore be changed on an ongoing basis as we deem necessary and/or appropriate. Changes may, for example, include new functions.

We have the right to transfer, in whole or in part, Our rights and obligations according to these Terms and Conditions. Furthermore, We have the right to engage subcontractors for the fulfillment of Our obligations according to these Terms.

We have the right to terminate this agreement with You with immediate effect if there is reason to suspect that You violate the Terms or otherwise use the Application in a criminal manner or in any other way that may cause Us or third parties damage. Furthermore, We have the right to terminate and close Your account if You have been inactive, i.e. has not been logged into the Application, for more than 180 days or if We decide to no longer provide the Application.

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 4. Your rights and obligations

We provide the Application to You, and subject to Your compliance with the Terms, We grant You a personal, limited, terminable, non-exclusive and non-transferable right and license to download, install and use the Application on Your Device. Your use of the Application is governed by these Terms.

Your user account is personal and your account information must be kept confidential and must not be shared with others. You are responsible for all use of the Application that takes place through Your account. If you suspect that an unauthorized person is using your account, you must report this to Us immediately.

As a User, you guarantee that the Application is used in accordance with these terms. We have the right to suspend Users who violate Swedish law or regulations in these general terms and conditions without prior notice or opportunity for correction.

You are responsible for ensuring that the information provided during registration is correct and that the email address is active. 

You can choose to delete your account at any time. You can do that directly in the Application. 

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 5. Limitations of liability and disclaimers

The application is only a platform where you as a user can see, compare and, where appropriate, order fabrics from suppliers who have joined the application. All information contained in the Application has been provided by Our suppliers. We only act as an intermediary and link between you and the supplier. When you place an order or enter into another form of agreement, you therefore do so with the supplier and not with Us. Any requirements relating to orders and concluded agreements etc. must therefore be submitted to the supplier, as well as all other correspondence.

The above means that We are not responsible for the accuracy of the information provided by the supplier or for what is agreed between you and the supplier. In this regard, we make no guarantees whatsoever, either express or implied, that the content of the Application is correct, although We always do Our utmost to ensure that the content is correct.

We cannot be held responsible for technical errors, viruses, the Application's availability, other errors attributable to the Application's functionality or the like, with the exception of cases of gross negligence or intent. We cannot guarantee that the Application will be free of interference or the like. Nor can we be held responsible for any liability claims, regardless of type and basis, between you and the supplier.

We cannot be held responsible for lost data, information, profit or other consequential damages and financial losses, except in cases of gross negligence or intent. We hereby release Us, to the extent permitted by applicable law, from all liability for all direct and indirect damages and/or losses incurred by Users or third parties, regardless of how the damage occurs.

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 6. Third Party Applications

The Application may contain third party software, websites and services (“Third Party Applications”) to provide content and/or services to You and publish links in its Services to websites maintained by third parties. The third-party applications have their own terms of use and privacy information. Your use of these Third Party Applications will be governed by and subject to such terms and privacy notices. We are not responsible for third party deliveries of such Third Party Applications or for the content thereof.

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 7. Immaterial rights

All intellectual property rights regarding the Application belong to Us or Our licensors and partners. This includes, among other things, copyright, design rights, trademarks, trade secrets, patents and know-how, regardless of whether they require registration or not. These Terms do not grant any intellectual property rights to You.

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 8. Amendment of the Terms

We reserve the right to change these Terms. Changes are announced in the Application. By continuing to use the Application, you accept the new terms. If you do not accept the new terms, you can always uninstall the Application with immediate effect.

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 9. Processing of personal data

Your privacy is important to Us. We are the personal data controller for the personal data We process about you. We process your personal data in accordance with applicable legislation and all processing is surrounded by appropriate technical and organizational safeguards. You can read more about how We process your personal data in Our personal data policy which you can find on Our website,

We undertake to take appropriate technical and organizational measures to protect personal data and to apply an appropriate level of security.

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 10. Applicable Law and Dispute

Swedish law shall be applied when interpreting and applying these Terms.

Any disputes that arise due to these Terms and Conditions must be settled in a Swedish court with Örebro District Court as the first instance.

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Our approach to personal data

We protect your personal privacy, and for us it is important that you feel safe when contacting us, downloading or using our application or otherwise allowing us to process your personal data.

In this policy, we describe why we need to process your personal data when you contact us or download or use our application, what rights you have and how you can get in touch with us if you have any questions.

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We are responsible for your personal data

Fibes Family AB ("Fibes") with organization number 559339-1930 and address Råsta 415, 715 92 Stora Mellösa is the personal data controller for the personal data Fibes processes about you.

You can contact us at any time by writing toinfo@fibes.seif you want to know more about how we process your personal data. You can also read more about us on our website www.fibes.se.

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We process this personal data about you

Our starting point is to only process the personal data required for you to be able to use our application and fulfill our obligations according to the general terms and conditions.

We also process your personal data for marketing purposes, customer analyzes and business and method development, but also to make your customer and user experience as good as possible and to be able to offer you personalized offers, tips and advice. You have the right to object to our processing for marketing purposes at any time.

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Why do we process personal data about you?

We process as little personal data as possible about you, and only the personal data we need to achieve the purposes described above.

We only collect the data from you as a user, from you who show interest in becoming a user or who otherwise contact us.

In order to achieve the purposes that have been described, we collect the following information about you as a customer or applying to become a customer:

• Name and social security number

• Address and other contact details

 

How do we protect your personal data?

Your safety is important to us. We have therefore taken appropriate technical, organizational and administrative security measures to protect your personal data from unauthorized access and other unauthorized processing. Our IT systems are compatible with the requirements set by the GDPR and other applicable data protection legislation.

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To whom do we disclose your information?

We process very little personal data about you. Our IT provider who helps us maintain our app may, where appropriate, gain access to your personal data. Our connected suppliers of fabrics may also get access to your personal data, but only if you choose to contact them yourself or place an order.

When required by law or other regulations, we may need to disclose your information to authorities and other organizations. We may also need to disclose your information if it is necessary to exercise, establish or monitor our legal claims.

We do not disclose your personal data to other companies or organizations for marketing purposes, unless we have obtained your consent.

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Based on which legal grounds do we process personal data about you?

The starting point is that we only process the personal data we need to let you use our application. Such processing takes place with the legal basis of entering into and fulfilling an agreement.

When we process your personal data for customer analysis, business and method development as well as analysis and improvement of customer and user experiences, we do so with the support of the legal basis of legitimate interest.

When we process your personal data for marketing purposes or to offer you personal offers, tips and advice, it is based on the legal basis of consent. You have the right to withdraw your consent at any time, in which case we will cease the processing for which you withdraw your consent.

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How long do we process your personal data?

We save information about you as a user during the time you use the application or have it installed. If you delete your user account, we will promptly delete your personal data.

Our starting point is not to save your personal data for longer than is necessary to fulfill our contractual obligations, but under certain conditions we can keep your data for a longer time than that. This applies, for example, when the data may be needed to establish, exercise and monitor legal claims or when we need to save the data in accordance with law or other regulations.

Despite this, however, we continuously sift data. We do not save your data longer than is necessary, other than when required by law or agreement.

If you have given your consent to marketing, we will process your personal data for that purpose as long as we have your consent to do so. You can request at any time that we stop processing your personal data for this purpose.

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Your rights

When we process personal data about you, you have several rights according to the data protection regulation. You have the right to contact us at any time regarding these, and if you want to exercise any of the rights described below, you can reach us most easily at info@fibes.se.

We reserve the right to take appropriate safeguards and security measures to ensure that you are who you say you are when contacting us. If you cannot show your identity in a credible way, it is not certain that we can accommodate your request.

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Access to personal data

You have the right to know which personal data we process about you. If you want to know, you can get a compiled register extract from us that contains the personal data we process about you.

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Correction and deletion

If we process your personal data incorrectly or if we no longer need the data, you have the right to have it deleted. If the information is incomplete, you have the right to have it completed. Keep in mind that it is not certain that we can fulfill our obligations to you if you request to have your personal data deleted.

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Data portability

In certain circumstances, you have the right to receive the data we process about you in a general, written, machine-readable and structured format. You have the right to this regarding the personal data that you yourself have provided to us and that we process with the support of your consent or when the personal data is required to enter into or fulfill an agreement with you.

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Limitation of treatment

Under certain conditions, you have the right to request that we limit our processing of your data. This means that we mark the data so that in the future we only process it for certain special purposes. It is not certain that you can use the application if we limit the processing of your personal data.

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Right to object

You have the right to object to the processing of personal data carried out for the purpose of carrying out a task of public interest, as part of the exercise of authority or according to our legitimate interest. We process some of your personal data based on our legitimate interest, and you have the right to object to such processing.

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Right to file a complaint

You have the right to lodge a complaint with the Swedish Data Protection Authority if you believe that we are processing your personal data in an incorrect manner. You can read more about this on the Swedish Data Protection Authority's website www.imy.se.