Terms of use

1. What does the Terms of Use cover?

1.1 These Fontakt Application Terms of Use (the “Terms of Use“) govern the relationship, rights, and obligations between Fontakt and the Fontakt Application user (the “Application User”) when providing, offering, and using the Application.

1.2. By agreeing to the Terms of Use, the Application User confirms that he or she has read the Terms of Use and the Data Protection Conditions of Fontakt (“Data Protection Conditions”) and agrees to comply with the Data Protection Conditions and the Terms of Use. Data Protection Conditions are available at https://fontakt.com/en/data-protection/. If the Terms of Use are not accepted, it is not possible to use the Application.

1.3. From the moment the Application User indicates that he or she has agreed to the Terms of Use, an agreement has been concluded between Fontakt and the Application User in accordance with the Terms of Use.

1.4 The Terms of Use do not apply to any third-party program, service, website, or mobile application, even if used and/or accessed by the Application User through the Fontakt website www.fontakt.com  (“Fontakt website“) and/or the Application. The Terms of Use and the Data Protection Conditions do not apply to personal data provided and/or submitted by the data subject himself or herself to third parties. Where the Terms of Use or the Data Protection Conditions do not apply, the data subject must, before disclosing his or her personal data to third parties, consult the applicable third-party terms and conditions or privacy policies published on the relevant website, mobile application and/or that are applicable in relation to any other service used by the data subject.

1.5 Fontakt has the right to unilaterally change the Terms of Use at any time, if it is necessary for the operation of the Application, including its updates, or due to changes in legislation. If the Terms of Use change, Fontakt will display the changed Terms of Use to the Application User in the Application and the Application User must re-accept the Terms of Use to continue using the Application. If the Application User does not agree with the amended Terms of Use, he or she will not be able to use the Application.

2. What is a Fontakt Application?

2.1. Fontakt Application is a mobile application that allows a person who has registered an Application User account in the Application and has ordered a free or paid package of the Application (the “Application User“) in accordance with the Terms of Use.
1) contact by phone the contact persons of the specific responsibilities of the companies represented in the Application database; and
2) ask Fontakt to arrange a meeting with the contact persons of the specific areas of responsibility of the companies represented in the Application Database (referred to throughout the Terms of Use as “Application”).

2.2. The Application, including its content, belongs to Fontakt OÜ, which is also the provider of the Application (registry code 11091789; address Pärnu mnt 139c, 11317 Tallinn, Estonia; e-mail abc@fontakt.com, phone +3726865555) (“Fontakt“).

3. Who can use the Application?

3.1. Any natural person at least 18 (eighteen) years of age may use the Application and become an Application User. Any natural person at least 16 (sixteen) years of age may also use the Application and become an Application User if he or she has the prior consent of his or her legal representative. By agreeing to the Terms of Use, the Application User confirms that he or she is at least 18 (eighteen) years old or at least 16 (sixteen) years old and has the consent of his / her legal representative to use the Application and become an Application User.

4. For what purposes and in what ways can the Application be used?

4.1. With the help of the Application, the Application User is allowed to contact the contact persons of the areas of responsibility of companies only with work and business issues or questions directly related to those companies and areas of responsibility, whereby the Application User is responsible for the legality of such contact. Among other things, the Application User is obliged to check and make sure that he or she has a legal basis for processing such personal data and that other data protection requirements have been met. The application allows you to make phone calls only on weekdays and during normal business hours (Mon-Fri, 9 am – 6 pm GMT +3 in summer and GMT +2 in winter).

4.2. The Application User is prohibited from calling or requesting a meeting with the contact persons of the areas of responsibility of companies for the purposes of advertising, direct marketing, personal communication, etc., which have no direct work and business connection with the respective company and specific responsibilities.

4.3. The Application User is prohibited from copying or attempting to copy or otherwise obtain possession of the Application or transfer any data to a third party in any way.

4.4. The Application User may make calls and request appointments only in person and manually using the Application. The Application User is prohibited from using automated tools and programmes, such as Bots, etc., or forwarding calls or appointments to other persons while using the Application.

4.5. The Application User is prohibited from using the Application for any purpose other than as expressly permitted in the Terms of Use.

5. What do I need to use the Application and how do I order an Application package?

5.1. To use the Application, the Application User must download the Application to his / her own smart device and register his / her Application User account in the Application. If the Application User wishes to use the features of the paid packages of the Application, the Application User must order the corresponding paid package. The Application User can use the Application to a limited extent without ordering a paid package, but in this case the Application User will not be able to use the features of the Application that are intended only for subscribers to paid packages.

5.2. In order to use the application, it is necessary to have an Internet connection, mobile data connection or Wi-Fi provided by the Application User.

5.3. The Application User may download the Application from the App Store or Google Play, depending on the Application User’s smart device. Fontakt does not guarantee that the Application can be downloaded from these environments at any time.

5.4. To use the Application, the Application User must register his / her Application User account by following the instructions provided when opening the Application. When registering an Application User account, the Application User must provide only correct and true information about himself or herself.

5.5. If the Application User wishes to use the features of the paid packages of the Application, the Application User must select the appropriate package available to him or her in the Application and pay a package fee to Fontakt for the respective package, using the payment options available in the Application. The contents of the packages are described in the Application. It is not possible for the Application User to order packages for a shorter or different period than the package period indicated in the Application. The Application User can start using the package of the Application immediately after the package fee paid by the Application User has reached Fontakt. At this time, Fontakt will also send the Application User an automatic notification to the Application User’s e-mail address, which the Application User submitted to Fontakt upon registration of the Application User account. The Application User can use the package for the first month of the subscription fee until the end of the current calendar month. The fee for the first order month is calculated in proportion to the number of days remaining in the first order month. Thereafter, the periodic package fee will be deducted from the Application User’s account on the first day of each month, and the Application User will be able to use the package during the calendar month for the package fee. The Application User, including the consumer Application User, has no right to withdraw from the contract after the payment has been made and the package fee paid will not be refunded to the Application User, except in the case provided for in clause 9.2 of the Terms of Use.

5.6. If the Application User wishes to use additional paid features of the Application outside the package, the Application User must select the appropriate paid feature available in the Application and pay a fee to Fontakt for using it, using the payment options available in the Application. The content of additional paid features is described in the Application. The Application User can start using the additional function of the Application immediately after the fee for the additional function paid by the Application User has reached Fontakt. At this time, Fontakt will also send the Application User an automatic notification to the Application User’s e-mail address, which the Application User submitted to Fontakt upon registration of the Application User account. During the first month of the subscription, the Application User can use the selected function for an additional function until the end of the current calendar month. The fee for the first order month is calculated in proportion to the number of days remaining in the first order month. Thereafter, the periodic fee for the additional function will be deducted from the Application User’s account on the first day of each month, and the Application User may use the additional function for a fee during the calendar month. The Application User, including the consumer Application User, has no right to withdraw from the contract after the payment has been made and the fee paid will not be refunded to the Application User, except in the case provided for in clause 9.2 of the Terms of Use.

5.7. Fontakt will send the Application User a payment confirmation confirming the payment of the Application package fee and the additional function fee to the e-mail address indicated upon registration of the Application User. The corresponding document with the payment confirmation is also available to the Application User and can be downloaded in the Application.

6. What functions does the Application perform?

6.1. The Application User receives using the Application and in accordance with the more detailed description of the package provided in the Application
1) contact by phone the contact persons of the specific responsibilities of the companies represented in the Application database selected by the Application User; and
2) ask Fontakt to arrange a meeting with the contact persons of the specific areas of responsibility of the companies represented in the Application database selected by the Application User.

6.2. In order to comply with the principle of minimization arising from data protection, the Application User does not see the telephone numbers or names of the contact persons in the areas of corporate responsibility when using the Application.

6.3. Fontakt updates the data of the companies represented in its databases and their areas of responsibility over time.

6.4. Fontakt does not guarantee that there is every company of interest to the Application User in the Application or that every business of interest to the Application User is present in the Application.

6.5. Fontakt does not guarantee that for each company represented in the Application there is a responsibility area of interest for each Application User.

6.6. Fontakt will use its best endeavours to update, at least on an annual basis, the contact details of the companies represented in the Application and their respective areas of responsibility, but Fontakt does not guarantee that these details are correct at all times.

6.7. Fontakt does not guarantee the around-the-clock and error-free operation of the Application.

6.8. Fontakt provides the Application User with support via Fontakt website to solve questions and problems, but Fontakt does not guarantee the around-the-clock operation of the support or the solution of all questions and problems. The Application support provided by Fontakt is available in English and Estonian.

6.9. Fontakt may change the Application, including its functions and content, at any time in its sole discretion, if necessary for the operation of the Application or its updates, or due to changes in legislation.

6.10. Fontakt has the right to restrict the Application User`s use of the Application, including the number of calls and appointment requests numbers to be made or target groups of calls and appointment requests, if this is necessary for the operation of the Application or to protect the rights of third parties, including pursuant to the Data Protection Conditions.

7. How to ensure the security of using the Application?

7.1. Fontakt will make efforts to ensure the security of the use of the Application but cannot fully guarantee it. Fontakt implements the following security measures to increase the security of the Application: all passwords in the Application are encrypted using Bcrypt and Blowfish for other sensitive data; Renewable tokens are in use when accessing the Application, so the Application User has a different token for each session; no credit card data is stored on Fontakt servers, all credit card payments are covered by Stripe service.

7.2. The Application User is obliged to ensure protection against viruses and malware when using the Application.

7.3. The Application User is obliged to take all necessary measures to prevent third parties from accessing the Application. The Application User, through whose smart device the actions were performed, is responsible for the actions performed by third parties through the Application.

7.4. The Application User is prohibited from damaging the Application or any third party through any means, including removing or attempting to remove any security measures or restrictions used in the Application.

7.5. The Application will from time to time require software updates to improve or enhance the functionality and security of the Application. If the Application User does not agree to such software updates, not all features of the Application may work.

8. How to stop using the Application and what are Fontakt’s rights to stop offering the Application?

8.1. In order to stop subscribing to a paid package or feature of the Application prospectively, the Application User must cancel the subscription in the Application by following the instructions provided in the Application. If the Application User submits a cancellation request in the Application to terminate the subscription of a paid package or function, his / her subscription will be cancelled from the first day of the following calendar month and the Application User will no longer be charged for the respective package or function.

8.2. The Application User has the right to delete the Application from his / her device at any time but deleting the Application from the device will not delete the Application User’s account or cancel the subscription to the service. The Application User has the right to delete his / her Application User account through the Application at any time but deleting the Application User Account also requires the Application User to cancel the subscription of the paid package, according to which instructions are given to the Application User before deleting the account through the Application.

8.3. Fontakt has the right to terminate the unilateral offer of the Application for any reason by notifying the Application User of the Application 1 calendar month in advance.

8.4. Fontakt has the right to immediately, without prior notice restrict, suspend, or terminate the Application User’s use of the Application if Fontakt suspects or has reason to believe that the Application User does not comply with the Terms of Use or violates the Data Protection Conditions, legislation or third-party rights or receives complaints about the Application User.

8.5. Upon termination of the use of the Application or termination of the offer of the Application, the obligations already incurred by the Application User in the Terms of Use shall remain in force.

9. Will the package fee be refunded to the User and in which cases?

9.1. Fontakt does not return to the Application User the package fee paid by the Application User, including the period of time when the Application User has not yet used the Application. Among other things, Fontakt will not refund the package fee paid to the Application User if the Application User no longer wishes to use the Application or if the Application User can no longer use the Application due to the Application User’s disagreement with the amended Terms of Use, software updates or in case Fontakt has restricted, suspended or terminated the Application User’s use of the Application in accordance with clause 8.4 of the Terms of Use.

9.2. Exceptionally, Fontakt will return the package fee paid by the Application User to the Application User if Fontakt terminates the offer of the Application solely due to circumstances attributable to Fontakt and for this reason the Application User is unable to use the Application during the period for which the Application User has already paid the package fee. In the event of such a situation, Fontakt will contact the Application User with the contact information provided by the Application User upon registration of the Application User account and will return the package fee paid by the Application User for the period of time during which the Application User cannot use the Application.

10. What is the responsibility of Fontakt for offering the Application?

10.1. Fontakt shall not be liable for any costs or other damages arising from the use of the Application, except to the extent that the applicable legislation does not allow the exclusion or limitation of Fontakt’s liability.

10.2. Fontakt is not responsible for the information provided by third parties or actions performed through the Application.

10.3. Fontakt is not responsible for any possible damage resulting from the infection of the Application with a virus or malware or their spread through the Application.

10.4. In no case shall the amount of damages paid by Fontakt exceed the amount of package fees paid by the Application User to Fontakt for the use of the Application during the last 3 months until the moment when the Application User notifies Fontakt of his / her claim for damages.

10.5. Fontakt is not responsible for the processing of personal data by the Application User in the Application.

10.6. Fontakt reminds that in case of non-compliance with the terms of the Application, the consumer can rely on the legal remedies provided by law. Pursuant to the Law of Obligations Act in force in Estonia, if the debtor has breached the obligation, the creditor may: 1) demand performance of the obligation; 2) refuse to perform his or her due obligation; 3) demand compensation for damage; 4) withdraw from the contract or cancel the contract; 5) lower the price; 6) in the event of delay in the performance of a financial obligation, demand interest on arrears. In the case of consumer sales, the seller is liable for non-compliance with the terms of the contract which becomes apparent within two years of delivery of the thing to the buyer. In the case of consumer sales, the lack of conformity which arose within six months from the date of delivery to the purchaser shall be presumed to have existed at the time of delivery, unless such presumption is incompatible with the nature of the thing or defect. In the case of a sale to the consumer, the consumer must notify the seller of the lack of conformity within two months of becoming aware of the lack of conformity.

11. What is the Application User’s responsibility for using the Application?

11.1. The Application User is liable for any damage suffered by Fontakt and caused by the Application User’s breach of the Terms of Use, legislation, or the rights of third parties.

11.2. The Application User is an independent controller of personal data when using the Application. This means that the Application User is responsible for making sure that he/she has a legal basis for contacting the contact persons of the companies through the Application and that all other conditions for such processing of personal data are met. In the event of a claim or fine being imposed on Fontakt in relation to the Application User’s processing of personal data in the Application, the Application User shall indemnify Fontakt in full against all such claims, fines and other possible amounts.

12. How and which kind of personal data of the Application User is processed by Fontakt?

12.1. Fontakt processes the Application User’s personal data in the manner described in the Data Protection Conditions. The Data Protection Conditions are available at https://fontakt.com/en/data-protection/

12.2 Fontakt collects and processes the Application User’s personal data only if they are adequate and necessary for the legitimate purposes for which they are processed. The purposes for which the Application User’s personal data is processed, the legal basis for the processing and the retention periods are described in the Data Protection Conditions. Application User’s personal data may be kept longer than the period set out in the Data Protection Conditions only if:
12.2.1 there are reasonable grounds to suspect that the Application User has committed a breach and Fontakt needs the Application User’s data to investigate the possible breach
12.2.2 they are necessary for the proper resolution of a dispute or complaint;
12.2.3 they are necessary to ensure the security of the Application, e.g., to detect suspicious activities by the Application User;
12.2.4 for other specific reasons, conditions or cases provided for by law.

12.3 Taking into account the services, functions of the Application and other communication channels offered to the Application User, Fontakt may process the following personal data of the Application User, including both in the Application and on the Fontakt website:
12.3.1 Data Category (Data Types): User identification, contact details, work details and questionnaire data.
Personal data collected and processed:

• Identification data and contact details: first name and surname, e-mail address, telephone number;
• Work details: company the Application User works for and Application User’s area of responsibility within the company;
• Other data provided by the Application User at his/her request when filling in the questionnaire forms: reason for requesting a meeting, monthly sales target, average transaction value, customer profile (companies most similar to the Application User’s customers), companies recommended to the Application User, search history of recent companies, history of re-qualifications, history of meetings, statistics on calendar month results.

Data source: Obtained from the Application User when the Application User creates Application User account in the Application, submits his or her data through the Application User account in the Application, submits a package order and the data necessary for its fulfilment, contacts Fontakt regarding an Application order, query or complaint.

12.3.2 Data Category (Data Types): Registration, login and account technical, administrative data.
Personal data collected and processed:

• Registration and login details: phone number, email address and password, which Fontakt keeps securely encrypted and cannot be disclosed;
• Technical/administrative data necessary for the operation and security of the account: phone number, username, account status (active, deleted, etc.), IP address, account logins and account operations;
• Other information: an indication that the Application User has read the Terms of Use and/or other terms and conditions, the date and time of such reading.

Data source:

• Obtained from the Application user when he/she  registers Application User account in the Application;
• Automatically created or stored (including through the use of cookies and similar technologies) when Application User registers, logs into or uses Application User account (e.g. technical data).

12.3.3 Data Category (Data Types): Package subscription details
Personal data collected and processed:

• Payment confirmation for the package: user’s e-mail address;
• Package or service order details: package ordered, price, date and time of order;
• Billing information: payment method, date and time, payment details (including but not limited to bank account number);
• Subscription status information: whether the package has been activated;
• Communication data: information on communication with the Application User on matters relating to the order and its fulfilment, feedback from the Application User, other communication content;
• Other information: indication that the User has read the Terms of Use and/or other terms and conditions, date and time of reading.

Data source:

• Obtained from the Application User when the Application User places an order for a paid package in the Application, makes a payment for the order or when the Application User contacts or is being contacted with in relation to the order and its fulfilment;
• Data may also be generated during the fulfilment of the order (e.g., information that the order has been paid for).;
• Data may also be collected by means of cookies or similar technologies where such information is necessary for the conclusion of the contract, the acceptance of the order and its processing (for example, cookies may be used to indicate that the Application User has read the Terms of Use or other terms).

12.3.4 Data Category (Data Types): Application User consents, communication and/or service (package) management options.

Personal data collected and processed:

• Consents and communication: Application User consent to marketing and/or other communications, to subscribe to information and/or to opt-out of communications;
• Service choices: information about the services (packages) to which the Application User has subscribed, including cancellation;
• Application User’s choices about cookies.

Data source:

• Obtained from the Application User (and stored in an automated way, including through cookies and similar technologies).
• By indicating his/her respective consents and/or choices, the Application User subscribes to or unsubscribes from the relevant communications and/or services.

12.3.5 Data Category (Data Types): Data regarding Application User’s browsing on Fontakt website and/or Application.
Personal data collected and processed:

• Browsing data: web pages or packages viewed, date and time viewed, browsing time, banner clicks, other clicks and interest in content, information from which Application User access the page;
• Technical data: IP address, session ID, browser used, device type, resolution.

Data source:

• Collected through cookies and similar technologies when browsing the Fontakt website and/or Application.
• Generated from Application User browsing data (e.g. browsing statistics).

12.3.6 Data Category (Data Types): Other data generated when using the Application’s functions.
Personal data collected and processed:

• Data that is generated when using certain features of the Application: for example, when Application User allows (consents) in the Application the Application to send notifications to his/her  phone screen i.e. push notifications, the Application collects Application User device IDs for sending push notifications (such IDs are not kept in the database and the Application User can disable notifications in the Application at any time, in which case Fontakt will delete such data immediately); if the Application User allows (consents) the Application to receive information about the physical geographic location of the Application User’s device in real time in accordance with clause 3.4 of the Data Protection Conditions, in which case the Application collects such data only when and at the moment of the Application User’s own activation of the corresponding function in the Application (such data is not kept in the database and is collected only when the function is used and activated by the Application User who can deactivate such function in the Application at any time, in which case Fontakt deletes the corresponding data immediately and does not keep such data even after the function is deactivated); including Application User’s choice of language in Fontakt website or Application; calls made by the Application User in the Application (including call-backs and call history); companies searched by the Application User in the Application (including history of companies searched and recommended companies); the Application User’s calendar of appointments and appointments added by the Application User to the Application;
• Data that is generated when using the Application and its certain features for the purpose of displaying analytics to the Application User about his/hers use of the Application features or services subscribed to through the Application by the Application User: business goals for the current and previous calendar month of use (including companies viewed by the Application User);
• Statistics about the Application User’s calls made through Application (including call time included in the package subscribed to by the Application User), statistics about the Application User’s appointments made through the Application.

Data source: Obtained from the Application User himself/herself (including through automated means, including cookies and similar technologies) when the Application User uses the Application, its relevant features or the Fontakt website.

12.3.7 Data Category (Data Types): Newsletter and other message review data.
Personal data collected and processed:

• Information that the message has been successfully delivered, information about when the message was opened, clicking on links in the message, information about the email. Forwarding of the message (without fixing the addressee), information on rejection of messages (corresponding type of messages).

Data source: Collected through cookies and similar technologies when the Application User receives newsletters and other messages.

12.3.8 Data Category (Data Types):  Application User interaction details
Personal data collected and processed:

• When Fontakt is contacted for help, assistance, questions, queries, complaints, etc., then  Fontakt processes the documents and data provided by the Application User, depending on when and to what extent they are necessary to process the Application User’s request and provide a response.

Data source: Obtained from the Application User when the Application User contacts Fontakt with a request, query, complaint, or other inquiry. Fontakt also has the right to collect the data itself in order to resolve the Application User’s request, provided that such data is lawfully available to Fontakt and  that it is necessary to resolve the Application User’s request.

13. Data safety and sharing of data

13.1. The security measures relating to the safety of the Application User personal data are described in Section 7. of the Terms of Use, such as: Application passwords are encrypted, use of renewable tokens when accessing the Application, no credit card data stored in Fontakt servers, etc. The Application User may also request the deletion of its personal data in the manner and on the basis described in the Data Protection Conditions and section 14. of the Terms of Use.

13.2. In order to offer the Application Fontakt owns and updates CRM database that is owned by Fontakt and contains the contact details of the contact persons in the specific areas of responsibility of the company (company, name of the contact person in the specific area of responsibility, his/her role in the company, work e-mail). This database is not public and Fontakt uses this database only to provide the Application and other Fontakt services described in the Data Protection Conditions. Fontakt collects data in its database from the public data of the commercial register, from the websites of companies and contacts companies themselves to obtain the data. Fontakt also collects database data from the Application User of the Application at the moment he/she registers as an Application User of the Application.

13.3 Personal data of the Application User may only be transferred if there is a legal basis for the transfer of such personal data. Where Fontakt uses a third party to transfer personal data, it is the data processor and must comply with Fontakt’s data processing agreement or otherwise with the instructions and requirements provided.

13.4 In legal proceedings and in other cases provided for by law, the Application User personal data may be disclosed to public authorities in accordance with the procedure established by the legislation of the Republic of Estonia.

14. How can Application User delete his/her personal data?

14.1. The Application User has the right to request the deletion of his/her personal data in the manner and on the basis provided in the Data Protection Conditions in accordance with the GDPR. For example, Application User has the right to request that his/her personal data not be processed by Fontakt and that Fontakt deletes such data when at least one of the following circumstances are met:
14.1.1 such personal data is no longer necessary for the legitimate purposes for which it was collected or otherwise processed; 
14.1.2 the processing of the personal data is based on consent and the Application User withdraws his/her consent and there is no other legal basis for the processing;
14.1.3 the processing of the Application User personal data is unlawful;
14.1.4 the processing of the personal data is based on a legitimate interest of Fontakt and the Application User has objected to the processing of his/her personal data on the basis of the legitimate and legal interest of Fontakt and, in a particular case, the interests of the Application User prevail.

14.2. Fontakt will not delete the User’s personal data if:
14.2.1 the personal data of the Application User is necessary for the legitimate and legal purposes for which they it was collected or processed and there are legal grounds for such processing;
14.2.2 the Application User has not withdrawn his/her consent to the processing of his/her personal data where the data is processed on the basis of the Application User’s consent;
14.2.3 the processing of the Application User personal data is necessary for the legitimate and legal interests of Fontakt, and the interests of the Application User do not prevail;
14.2.4 the processing of the Application User personal data is necessary for the establishment, exercise or defence of legal claims;
14.2.5 the Application User personal data is needed to be processed for the performance of a contract concluded with the Application User (including for the provision of the Application to the Application User or for the performance of a Application subscription submitted by the Application User, e.g. for the provision of paid package to the Application User) and the Application User has not terminated or withdrawn from the contract (e.g. has not cancelled a subscription to a package or has not deleted his/her account in the Application);
14.2.6 Fontakt is obliged to process the Application User’s personal data in accordance with the applicable European Union and national legislation.

14.3. The Application User can delete his/her Application User account and personal data in the Application in the manner described in section 14.4 of the Terms of Use. The Application User also has the right to delete (uninstall) the Application from his/her device at any time but deleting the Application from the device does not delete the Application User account or cancel the Application User’s subscription to paid services (paid packages or other paid features).

14.4. The Application User can delete his/her Application User account through the Application as follows: the User must go to the “Privacy” sub-category from the “Menu”  and from there to the “Delete User” option, then the Application User must enter his/her Application User account password and click on the “Delete Account” button, in which case the Application User account and account personal data will be permanently deleted from the Application, along with the history. If the Application User has subscribed to a paid package or other Application paid functions, deleting the Application User account will require the Application User to cancel the subscription to the paid package or other paid function before deleting the Application User account, for which the appropriate instructions will be provided to the Application User via the Application prior to deleting the Application User account.

14.5. The Application User and the Application User account in the Application will not be deleted in the manner described in clause 14.4. of the Terms of Use when: (1) the Application User enters an incorrect password when deleting his/her Application User account and/or does not enter the password when deleting his/her Application User account; and/or (2) the Application User does not click on the “Delete account” button when deleting his/her Application User account; and/or (3) the Application User only deletes (uninstalls) the Application, but does not delete the Application User account  in the Application; and/or (4) the Application User has an active paid package or has subscribed to other paid functions in the Application and he/she has not cancelled such subscription.

14.6. In addition to the provisions of clauses 14.3. and 14.4. of the Terms of Use, the Application User may also request the deletion of his/her personal data in the manner and on the grounds set out in clauses 7. and 8. of the Data Protection Conditions.

15. How can Application User change/update his/her personal data?

15.1 The Application User can change or correct his/her personal data if his/her personal data is incorrect or incomplete in the Application in following ways:
15.1.1 in the Application, in his/her personal Application User account, under the “My Profile” subcategory of the “Menu” menu; or
15.1.2 by contacting Fontakt as described in section 8. of the Data Protection Conditions.

16. Complaints and redress procedures, applicable law, and jurisdiction

16.1 Disputes between Fontakt and the Application User or between Fontakt and a third party shall be settled through negotiations. The Application User can address a complaint, claim, or concern to Fontakt using the contact details provided in clause 18. of the Terms of Use. Fontakt will then contact the Application User as soon as possible, but no later than within 15 working days from the receipt of the complaint, claim, etc., to find a solution to the problem.If it is not possible to resolve the complaint within the specified term, Fontakt shall justify the delay and notify the Application User thereof in writing or in a form that can be reproduced in writing, setting a new reasonable term. A reply will be sent to the Application User at the postal address or e-mail address indicated by the Application User, unless otherwise agreed with the Application User.

16.2 In the event of a question, request or complaint related to the processing of personal data, the Application User has the right to contact Fontakt through the e-mail address referred to in clause 18. of the Terms of Use by sending a digitally signed request, question or complaint to the indicated e-mail address or filling in the corresponding form here https://fontakt.com/en/gdpr-application/ The procedure for requests, questions and complaints regarding data protection is set out in Section 8. of the Data Protection Conditions.

16.3 In the manner and on the basis described in the Data Protection Conditions, the Application User has the right to withdraw his/her consent to the processing of personal data at any time, if the processing of the Application User’s personal data is based on his/her consent. Withdrawal of consent does not affect the lawfulness of the processing of personal data that took place prior to the withdrawal of consent.

16.4 In the manner and on the basis described in the Data Protection Conditions, the Application User has the right to object to the processing of his/her personal data on the basis of his/her individual situation, if the processing is based on the legitimate interest of Fontakt. In such a case, Fontakt will not further process the Application User personal data, unless there is a compelling legitimate and legal ground for doing so which prevails the interests, rights and freedoms of the Application User, or there is another legal basis for the processing. For example, there is a legal ground for processing personal data if the personal data is processed for the purposes of providing the Application services subscribed by the Application User or fulfilling the Application User’s order and/or providing other the Application services requested by the Application User, i.e. if the Application User would not have provided or allowed the processing of the relevant personal data, the Application User would not have been able to use the Application, place an order or use the relevant Application service

16.5 Complaints or disputes will be resolved between Fontakt and the Application User or between Fontakt and a third party through negotiations. If no solution is reached through negotiations, disputes will be settled in Harju County Court in Estonia.

16.6 The Consumer Application User can also turn to an out-of-court complaint and dispute resolution body, which is the Consumer Disputes Commission in Estonia (e-mail avaldus@komisjon.ee, more information on the conditions for contacting them can be found here). The consumer may also use the relevant online platform http://ec.europa.eu/consumers/odr/

16.7 The law of the Republic of Estonia applies to the Terms of Use. In matters not regulated by the Terms of Use or the Data Protection Conditions, Fontakt and the Application User shall be guided by the legislation in force in the Republic of Estonia.

16.8 If the applicable law does not allow the agreement to limit the applicable law to Estonian law or authority to the jurisdiction of Harju County Court, Fontakt and the Application User or a third party shall follow the provisions of applicable law and jurisdiction prescribed in legislation.

17. Intellectual property

17.1 The Application, including its content, (also its logo, brand, visual design, etc.), is protected by intellectual property rights owned by Fontakt.

17.2 The Application User is prohibited from infringing the intellectual property rights of Fontakt and other persons, including distributing the Application or any part thereof for a fee or free of charge, and using the Application’s trademark, logo, contact information or any other markings.

18. Contacts

18.1. If you have any questions, notices, or complaints, please contact Fontakt at Pärnu mnt 139c, 11317 Tallinn, Estonia; e-mail address abc@fontakt.com or phone number +3726865555. Fontakt communicates with the contact person in Estonian or English.