These service terms together with the applicable Privacy Policy (collectively "Terms") govern your use of service (collectively "Service") and the Terms constitute an agreement defining the rights and responsibilities of you and Nokia Corporation including its affiliates and suppliers (collectively "Nokia") with respect to the Service. There may be additional conditions applicable to certain content or services accessible through the Service. You are not allowed to use the Service if you do not agree to these Terms.
2. EligibilityTo use the Service, you must be at least thirteen (13) years old. However, if you are deemed as a minor in your country, you must have permission from your parent or legal guardian to use the Service.
3. Registration and TerminationYou agree to provide truthful and required information when registering for the Service and to keep that information updated. Providing misleading information about your identity is forbidden. You will need to create a username and a password. You are personally responsible for any use of the Service with your username and password and You agree to take due care in protecting your username and password against misuse by others and agree to promptly notify Nokia about any such misuse.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. Nokia may terminate your account if you have breached these Terms.
In case you have not used your account for a period six (6) months, Nokia may terminate your account by giving you a notice of termination to the address provided by you, after which you may reregister at any time.
4. Using the ServiceYou agree to:
- Use the Service for your private, non-commercial purposes.
- Comply with applicable laws, our privacy policy and good manners.
- Not to submit unlawful, offensive, abusive, pornographic, harassing, libelous content or other inappropriate content.
- Respect the privacy of others
- Obtain any consents, permission or licenses that may be required for you to have the legal right to submit any content.
- Not to distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses or any other technologies that may harm the Service, or the interest or property of Service users.
Nokia may but has no obligation to:
- Monitor or moderate any of the content
- remove any content from the Service and restrict access to any channel of the Service at any time in its sole discretion
Nokia does not claim ownership in your content. Your submitting of content to the Service does not transfer any ownership rights in the content to Nokia. By using the Service you hereby grant to Nokia a worldwide non-exclusive, assignable, fully paid, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute and modify the content you submit, and to prepare derivative works thereof, or incorporate the content into other works as well as sublicense the same. You agree that your use of the Service does not grant you any intellectual property rights in any content accessible through the Service. You also agree that Nokia is not responsible for protecting any intellectual property rights you may assert in your content. Furthermore, Nokia will not provide intellectual property notices or markings on any content you submit.
Users of the Service are granted a non-exclusive, non-transferable, revocable license (revocable at the sole discretion of Nokia at any time) to access and use the Service strictly in accordance with the Terms. Subject to the license granted herein, Nokia retains all right, title and interest in the Service, and all of Nokia's products, software, and other properties provided to you or used by you through the Service.
6. FeesYour use of the Service may be or may become subject to charges. Any fees charged by Nokia will be announced separately in connection with the Service. This Service involves transmission of data. Your service provider may charge for the data transmission. In case you don't want to use the Service for instance while travelling abroad you need to switch off the service. Nokia assumes no responsibility for the payment of such fees.
7. AvailabilityThe Service may not be available in some countries and may be provided only in selected languages. The Service may be network dependent, contact your network service provider for more information.
Nokia reserves the right, in its sole discretion, to change, improve and correct the Service. The Service may not be available during maintenance breaks and other times.
Nokia may also decide to discontinue the Service or any part thereof in its sole discretion. In such case you will be provided a prior notification.
8. Dealings with OthersYou may interact with other users on or through the Service. Other users may also add unfavourable comments or material to the Service that identify your Materials or are displayed in connection with your Materials. You agree that those interactions, comments and material do not involve Nokia and are solely between you and the other user(s).
9. Personal DataThe Privacy Policy and additional provisions in the Terms govern use of your personal data.
10. Limitation of LiabilityThe Service is provided on "AS IS" and "AS AVAILABLE" basis. Nokia does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.
Except for liability for death or personal injury caused by gross negligence or intentional misconduct, Nokia shall not be liable for any indirect, incidential, punitive or consequential damages.
11. IndemnificationYou agree to defend, indemnify and hold harmless Nokia from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of these Terms, ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, iii) misuse of the Service by a third party where such misuse was made available by your failure to take reasonable measures to protect your username and password against misuse.
12. Miscellaneous
12.1 Choice of Law and ArbitrationExcept where prohibited by applicable law or provided otherwise herein, the Terms shall be governed by the laws of Finland without regard to its conflict of law provisions.
12.2 ValidityThe Terms shall neither exclude nor limit any of your mandatory rights in your country of residence. If a provision of the Terms is found to be invalid, the validity of the remaining provisions shall not be affected and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of the Terms. The provisions of the Terms that are intended to survive termination shall remain valid after any termination.
12.3 Changes in TermsNokia reserves the right to modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, Nokia will provide a separate prior notice advising of such change.
12.4 Links to Third Party Sites and ContentFor your easy accessibility Nokia may include links to sites on the Internet that are owned or operated by third parties. Upon following a link to such third-party site, you shall review and agree to that site's rules of use before using such site. You agree that Nokia has no control over the content of third-party sites and cannot assume any responsibility for services provided or material created or published by such sites. A link to a third-party site does not imply that Nokia endorses the site or the products or services referenced in the site.
Users may create links within the Service to outside online content that has not otherwise been submitted to the Service. You agree that Nokia is neither responsible for nor liable for any content accessible through the Service, including without limitation outside online content.
13. Service Specific TermsThis Service is a mobile / web application that enables you and other users to use IM (Instant Messaging) with enhanced presence functionality between selected friends. You can create a list of friends whom you want to communicate with and with whom you and other user want to share the presence information. All users need to have a Nokia account in order to join the service. User can sign out from the service at anytime.
The IM functionality is one to one chat and may consists of:
- Free text
- Smileys
- Current location information (geo-coordinates)
- Recorded voice clips
All presence information is user selectable and consists of:
- User defined Avatar
- Manually selectable availability information
- Call status information
- Automatic location broadcasting based on selected landmarks
- Manually created free text broadcasting
The communication is possible either from a mobile device or from browser based IM client from web. By posting your presence information you hereby give your consent to Nokia to use, display and share the presence information with your selected friends.
WE CARE ABOUT YOUR PRIVACY
Nokia is committed to protecting your privacy and to comply with applicable data protection and privacy laws. We hope that this Privacy Policy ("Policy") helps you understand what kind of information we collect in connection with our products and services and how we process such information. Throughout this Policy the term "personal data" means information relating to an identified or identifiable individual (i.e. a natural person). "Nokia" refers to Nokia Corporation, including its affiliates (also referred to as "we", "us", or "our").
This Policy applies to personal data collected in connection with products and services offered by Nokia or from other interactions with us where a link or other reference of incorporation to this Policy is made, for example, in connection with our devices and accessories, websites (also including mobile websites), games, music and other types of services offered by Nokia typically in electronic form, as well as other services such as customer care and warranty services or promotions and campaigns.
We may provide additional or amending privacy information in connection with a particular Nokia product or service. Such information prevails over this Policy to the extent of any conflict. Our products or services may contain links to other companies' websites and other third party services that have privacy policies of their own. We recommend that you read the privacy policies of such services. Nokia is not responsible for the privacy practices or contents of any such services.
By using this website and/or by submitting personal data to Nokia, you express your agreement to the processing of your personal data in the manner provided in this Policy. If you do not agree with this Policy, please do not use this website or provide Nokia with your personal data.
The Data We CollectWe collect your personal data typically when you make a purchase, use or register into our services, enter into a sales promotion or a campaign or otherwise interact with us. We endeavour to collect personal data only with your knowledge or consent. Below are examples of the categories of data collected.
- Technical Information For the most part, you may visit our websites or use our products or services without having to tell us who you are. However, certain technical information is normally collected as a standard part of your use of our services. Such information includes, for example, your IP-address, access times, the website you linked from, pages you visit, the links you use, the adbanners and other content you viewed, information about your devices and other such technical information your browser provides us with or as may be otherwise collected in connection with certain products and services. When you use our services or otherwise interact with us over telecommunications networks, certain additional information, such as your mobile subscription number, may be transmitted to us by the telecommunications operator as a standard part of that communication. Please also see the section "Use of Cookies and Web Beacons" below.
- Information you provide us with When you register for our services, make a purchase, enter a sales promotion or otherwise interact with us, we may ask you to provide us with information such as your name, email address, street address, as well as user names, passwords and other such credentials that are used to authenticate users and to validate their actions or that may be needed to provide you with the products and services you have requested or to communicate with you.
We may collect demographic information, for example, your age, gender, postal code and language preferences. We may also collect other information you provide, such as your consents, preferences and feedback, information relating to your devices and other such information you provide us with. Please note that certain non-identifiable information collected from you may become personally identifiable when you provide us with your personal data. We may also obtain, in accordance with applicable law, some personal data from list-rental companies and other such publicly available sources. Some of our services may allow you to submit information about other people, for example, if you make an order for a product that you wish us to send directly to another recipient. - Your transactions with us We collect or ask for information relating to your purchase and/or use of our products and/or services and your other interactions with us. Such information may include, for example, details of the queries or requests you have made, the products and services provided (including delivery details), financial details (including payments made, credit card details, billing address, credit checks and other such financial information), details of agreements between you and Nokia, records of contacts and communications, information and details relating to the content you have provided us with and other such transactional information. We may, in accordance with applicable law, record your communication with our customer care or with other such contact points. Certain services may involve the use of your location data. However, use of your location data for such services is subject to your consent.
Nokia processes your personal data for the purposes described in this Policy and/or any additional service specific privacy information. Please note that one or more purposes may apply simultaneously.
- Provision of products and services We may use your personal data to fulfill your requests, process your order or as otherwise may be necessary to perform or enforce the contract between you and Nokia, to ensure the functionality and security of our products and services, to identify you and to prevent and investigate fraud and other misuses.
- Development of products and services We may use your personal data to develop our products and/or services. However, for the most part we only use aggregate and statistical information in the development of our products and services. We may also use your personal data to personalize our offering and to provide you with service more relevant to you, for example, to make recommendations and to display customized content and advertising in our websites. We may combine personal data collected in connection with your use of a particular Nokia product and/or service with other personal data we may hold about you, except where such personal data was collected for a different purpose. We may create aggregate and statistical information based on your personal data.
- Communicating with you and marketing We may use your personal data to communicate with you, for example, to provide information relating to our products and/or services you are using or to contact you for customer satisfaction queries. We may use your personal data for marketing or research purposes, for example, to conduct market research and we may, in accordance with applicable law, contact you to inform you of new products, services or promotions we may offer. Also, some of our products and services may be used to promote products and services of other companies. However, Nokia does not disclose your personal data to such companies or any other company for marketing purposes without your prior consent.
Generally, we do not sell, lease, rent or otherwise disclose your personal data to third parties unless otherwise stated below.
- Consent We may share your personal data if we have your consent to do so. Some services may include sharing your personal data with other users of the service, for example services where users publish their own content or Nokia user communities.
- Nokia companies and authorized third parties We may share your personal data with other Nokia companies or authorized third parties who process personal data for Nokia for the purposes described in this Policy. Such parties are not permitted to use your personal data for other purposes, and we require them to act consistently with this Policy and to use appropriate security measures to protect your personal data.
- International transfers Our products and services may be provided using resources and servers located in various countries around the world. Therefore your personal data may be transferred across international borders outside the country where you use our services, including to countries outside the European Economic Area (EEA) that do not have laws providing specific protection for personal data or that have different legal rules on data protection, for example, the United States of America. In such cases we take steps to ensure that there is a legal basis for such a transfer and that adequate protection for your personal data is provided as required by applicable law, for example, by using standard agreements approved by relevant authorities (where necessary) and by requiring the use of other appropriate technical and organizational information security measures.
- Mandatory disclosures We may be obligated by mandatory law to disclose your personal data to certain authorities or other third parties, for example, to law enforcement agencies in the countries where we or third parties acting on our behalf operate. We may also disclose and otherwise process your personal data in accordance with applicable law to defend Nokia's legitimate interests, for example, in civil or criminal legal proceedings.
- Mergers and Acquisitions If we decide to sell, buy, merge or otherwise reorganise our businesses in certain countries, this may involve us disclosing personal data to prospective or actual purchasers and their advisers, or receiving personal data from sellers and their advisers.
Nokia does not seek to collect any information from or engage in any transactions with persons under the age of 13. Our databases may nevertheless contain personal data of children under 13 due to the fact that it is not always possible to determine precisely the age of the user. Insofar as we ask you to provide your age, we block the service from any person who is under 13 years of age. We will also make reasonable efforts to clear our databases of personal data relating to under age users.
Nokia's policy is to request that minors (the legal age of majority and therefore the age of minors is determined by local law where you reside) do not make purchases or engage in other legal acts on our products and services without the consent of a parent or legal guardian, unless otherwise permitted by applicable law.
Data QualityWe take reasonable steps to keep the personal data we possess accurate and up-to-date and to delete out of date or otherwise incorrect or unnecessary personal data.
As certain Nokia products and services may allow you to manage your profile, we encourage you to access your personal data from time to time to ensure that it is correct and up-to-date. Please remember that it is your responsibility to provide us with correct details as well as to update the personal data you have provided us with in case of any changes.
SecurityWhile there are always risks associated with providing personal data, whether in person, by phone, via the internet or otherwise, and no technology is completely safe or "tamper" or "hacker" proof, Nokia takes appropriate technical and organizational information security measures to prevent and minimize such risks.
Such measures include, where appropriate, the use of firewalls, secure server facilities, encryption, implementing proper access rights management systems and processes, careful selection of processors and other technically and commercially reasonable measures to provide appropriate protection for your personal data against unauthorized use or disclosure. Where appropriate, we may also take back-up copies and use other such means to prevent accidental damage or destruction to your personal data. If a particular part of a Nokia website supports on-line transactions, we will use an industry standard security measure, such as the one available through "Secure Sockets Layer" ("SSL"), to protect the confidentiality and security of online transactions.
Use of Cookies and Web BeaconsFrom time to time when you visit a Nokia website, information may be placed on your computer to allow us to recognize your computer. This information is commonly in the form of a textfile known as a "cookie". Cookies are small pieces of data stored on your computer's hard drive, rather than on the website. Typically, they enable collection of certain information about your computer, including your internet protocol (IP) address, your computer's operating system, your browser type and the address of any referring sites. Our use of cookies is intended to provide benefits to you, such as eliminating the need for you to enter your password frequently during a session or the need to re-enter items you place in a shopping cart if you do not finish a transaction in a single visit. Cookies are also used for website traffic analysis and anonymous demographic profiling so that we may improve our services.
Nokia may use so called web beacons (or "pixel tags") in connection with some websites. However, we do not use them to identify individual users personally. Web beacons are typically graphic images that are placed on a website and they are used to count visitors to a website and/or to access certain cookies. This information is used to improve our services. Web beacons do not typically collect any other information than what your browser provides us with as a standard part of any internet communication. If you turn off cookies, the web beacon will no longer be able to track your specific activity. The web beacon may, however, continue to collect information of visits from your IP-address, but such information will no longer be unique.
If you do not wish to receive cookies, or want to be notified before they are placed, you may set your web browser to do so, if your browser so permits. Please understand that if cookies are turned off, you may not be able to view certain parts of this site that may enhance your visit. Some of our business partners whose content is linked to or from this site may also use cookies or web beacons. However, we have no access to or control over these cookies.
Your RightsIn case you wish to know what personal data we hold about you or you wish to replenish, rectify, anonymize or delete any incomplete, incorrect or outdated personal data, or you wish us to cease processing your personal data for the purpose of sending promotional materials or direct marketing or for the performance of market research or on other compelling legal grounds, you may, as appropriate and in accordance with applicable law, exercise such rights by contacting us through the contact points referred to below. In some cases, especially if you wish us to delete or cease the processing of your personal data, this may also mean that we may not be able to continue to provide the services to you. We encourage you to use available profile management tools for the above purposes as such tools often provide you with direct access to your personal data and allow you to effectively manage it.
Please note that Nokia may need to identify you and to ask for additional information in order to be able to fulfill your above request. Please also note that applicable law may contain restrictions and other provisions that relate to your above rights.
The Controller of Your Personal Data and Contact DetailsNokia Corporation of Keilalahdentie 4, 02150 Espoo, Finland shall be the controller of your personal data.
In addition, the Nokia affiliate providing the product or service may be a controller of your personal data. You may find the identity of the controller and its contact details by reviewing the terms and conditions of such a product or service or by using contact information provided in the applicable Nokia websites.
In matters pertaining to Nokia's privacy practices you may also contact us at:
Nokia Corporationc/o Privacy
Keilalahdentie 4
02150 Espoo
Finland
Changes to This Privacy PolicyNokia may from time to time change this Privacy Policy or change, modify or withdraw access to this site at any time with or without notice. However, if this Privacy Policy is changed in a material, adverse way, Nokia will post a notice advising of such change at the beginning of this Policy and on this site's home page for 30 days. We recommend that you re-visit this Privacy Policy from time to time to learn of any such changes to this Privacy Policy.
