Terms and conditions

General information
My Data ApS
CVR. 31068258

Karupvej 7
8000 Aarhus
support@mydata.dk
TEL: +45 60 20 2000

We strive to reply to all written inquiries within 48 hours.

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These terms and conditions govern your use of the services of My Data ApS (herein referred to as, “MyData”). It is important that you read and understand the following terms and conditions before using MyData’s services. By using the services of MyData, you agree to be bound by the terms and conditions in their entirety. If you use our online backup on behalf of a company or organization, you accept these terms on behalf of yourself / the company / the organization and confirm that you have the authority to represent yourself, the company and the organization, when agreeing to these terms. If this is correct, "you", "yours" and “client” will refer to the company / the organization for the remainder of these terms. You may only use our online backup and cyber security systems under these terms. You may only use our cloud backup and security software if you have the authority to enter into an agreement with MyData and are not prevented by any regulatory or legal implications from doing so. Our backup product and related terms may be updated and changed at any time, and at the discretion of MyData, without your prior approval and without notifying you. MyData will always strive to inform all customers, in advance of any changes made to its services or related terms and conditions. In addition, MyData may remove features from our service at its sole discretion.

 

Your files and personal information
By using our online backup, you provide information, files, and folders that you submit to MyData (collectively referred to as, "Your Files"). You have full ownership of your files and MyData has no claim or ownership over any files stored or transferred through its services by the client. These terms give us no rights over your files or intellectual property, other than the rights necessary to operate a functional backup and protection service as described below.

We may need your permission to perform tasks and maintenance, as requested by the client, such as hosting or sharing your files, which may  give access to file identification features, such as image thumbnails or document previews. MyData may access your backup to the necessary extent required to operate the integral features of the backup service provided, this includes all cloud backup design choices we make to technically manage the online backup service. You give us the permission we need to perform these tasks solely, so that we can provide an optimal online backup service. This license also extends to trusted third party companies that we work with to provide a functional and optimal online backup. You, and only you, are responsible for your behavior, all content of your files and folders, and all communication with others through our cloud backup service.

 

It is your responsibility to ensure that you have the necessary rights and permissions to comply with these terms. We may choose to review publicly available content to ensure that it complies with our guidelines, but you acknowledge that MyData backup has no obligation to:
Monitor data / files in our online backup. We are not responsible for the accuracy, completeness, appropriateness, or legality of any files, user posts or other information you may be able to access using the backup service. We are not responsible for the rights of your files with regard to local laws and regulation. This also applies to online communication and data traffic of your files through our online backup solution.

 

Software and updates
Some of our online backup software requires you to download our backup software.
MyData backup grants you a limited, non-exclusive, personal, and revocable license to use our backup and cybersecurity software solutions. Your license to use the backup software will be automatically revoked if you violate these terms in a way that implies our intellectual property rights. We hereby reserve all rights not expressly granted in these terms. Do not reverse engineer or decompile the backup software or attempt to do so, nor help others to do so. Our backup services can update our online backup software on your device automatically when a new version is available. Your acceptance of these updates is required under the Terms.

 

Account security
You are responsible for protecting the password that you use to access our online backup, and you agree that you will not pass this on to third parties. You are responsible for all activity on your account, regardless of whether you have given permission or not. You must immediately notify MyData if you detect any illegal access or activity on your account. After the customer's payment at start-up, the customer is assigned an email with login information. It is the customer's responsibility to change these logins into something personal and secure them.

 

Ultrasafe
At MyData, security is the keyword. We therefore provide many different encryption levels, to ensure that our customers can tailor their backup security level as desired. With our Ultrasafe and Ultrasafe Max levels, we assign the encryption keys to the customer himself. By using these options you waive your support and recovery rights, as only the customer will have the encryptions key for access to the backup. Ultrasafe Max includes a passphrase, which further enhances security. *A selection of Ultrasafe and Ultrasafe Max is the customer's own responsibility, as our support for the solution is removed together with the password reset option provided for other levels of security. When choosing these security levels, the platform will clearly inform the user of these implications.

 

Your general responsibilities
You may not share, copy, download or upload any unauthorized files. You (and not MyData) will be fully responsible and liable for what you copy, share, upload and download or for any other use while using our online backup. Do not upload spyware or any other malicious cloud storage software. You (and not MyData) are responsible for maintaining and protecting all your files. MyData will not be responsible for any loss, corruption or costs associated with backing up or restoring your files. If your contact information or other information related to your account is changed, please notify us as soon as possible so that we can update your information.

Selection of files for backup
It is always the customer's own responsibility to ensure the choice of the desired backup, as well as follow-up on this. In our installation you will be able to self-assign several online backup tools; including our smart scanner. The smart scanner scans only for the displayed file types and locations, as specified. If Easy Setup is selected in the installation phase on Windows, you are assigned an automatic backup solution of the general folder locations of: Desktop - Documents - Pictures - Music - Video. If Advanced Setup is selected in the installation phase, you will have to decide for yourself the encryption level, selection of folders for backup and runtimes. In both cases, it is the customer's responsibility to make sure the desired and correct choices are made.

 

Limitation of liability
The online backup software is provided "as is" at your own risk, without express or implied warranty or condition of any kind. We also disclaim any warranties of merchantability, fitness for a particular purpose or infringement. MyData backup is not responsible for any damage to your computer system, loss, corruption or other damage to data using our backup software and backup services. To the fullest extent permitted by law, under no circumstances will MyData, and its affiliates, officers, employees, agents, suppliers or licensors, be liable for (A) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether MyData has been warned of the possibility of such damages, even if an undertaking does not fulfill their real purpose.

 

Termination
You can stop using our online backup service at any time. Please note that the termination notice period is measured from the end of the current month, plus 30 days. You can terminate your membership with My Data ApS via your personal dashboard using your login, or by sending us an email to info@my-data.dk, clearly stating that you wish to terminate your membership, the message is considered received upon confirmation from our support team. On your personal dashboard page, you can see information about your membership, invoices and more. We may suspend or terminate your use of our backup service, if you do not comply with any or all terms or if you use the service in a manner that could harm MyData. If we suspend or terminate your account, we will strive to give you a clear advance notice and help you retrieve your files. In special cases, we may terminate your use of our cloud storage service without notice, for example in the event of an extreme breach of these terms. If we terminate your use of our cloud storage service due to a breach of our terms, no refund will occur.

Payments
 

Business purchases:
We reserve the right to change prices, as well as, terminate specific offerings, services and features without prior notice. You can at any time decide if you want to continue using our service and/or our products. We will however strive to notify you by email if we make any changes to our services affecting the user experience or services. If you continue to use our product after being informed of any price or product change, it will be considered an acceptance. All payments for our services must be paid in advance, and your payment will automatically be made for your chosen subscription period from 1 month to 48 months, prior to the following subscription period. If you choose to pay by credit or debit card, you accept that we automatically deduct the money from your account prior to the expiry of your subscription period. If you wish to terminate your payment solution with MyData, you must notify us in writing at info@my-data.dk. Please note that the termination terms is also stipulated in the agreement approved at the point of purchase. All payments to MyData are non-refundable unless otherwise stated in the terms and conditions or in writing by MyData. You agree that you will not be able to withhold or cancel your payment to MyData through your bank or through your credit-card company. If you do not accept this, you will be held responsible for all costs related to the processing and serving of your membership with MyData.

In the absence of payment, MyData reserves the right to block, close or make the systems and software unavailable immediately. Please note that all prices on the business website and related offers on mail or in the dashboard, are all exclusive of VAT.
We do not charge any additional fees on credit- or debitcards, unless you are specifically informed about this.

 

Consumer purchases:
You can pay with Visa, MasterCard, Dankort and Viabill. We do not charge any additional credit-card fees. The agreed amount will be deducted from your card when the item is shipped.

When purchasing with ViaBill, you will first receive your goods and followingly charged the outstanding amout. Using Viabill you must pay your monthly outstanding ballance on the 20th of each month. If you do not pay in a timely manner, a fee of DKK 39 will be charged. If you regret your purchase, the payment agreement with ViaBill terminates. MyData has an agreement with ViaBill that finances purchases of up to DKK 4,000. Amounts over DKK 4,000 are financed in collaboration with SparXpress. Read more here: www.viabill.com/kredit

Additional terms for using MyData Backup
With MyData Backup you have several online backup security levels. Including UltraSafe and UltraSafe Max. At our highest security levels, we are excluded from being able to assist our customers, as the security is so high that even we and our datacenter providers, do not have the encryption keys for our customers' files. In the event of any security changes to your agreement, the customer responsibilities and liabilities will be stated, so the customer has always recognized the conditions for ultra-high security. As a customer, you may wish that we do not have access to the encryption key, and that you have a master password for your backup storage. This feature allows for a 100% private account, to which only the customer can access. However, this also removes MyData possibilities to support and handle the account, which is why we recommend considering the pitfalls carefully before choosing these options. If there are any questions in this regard, our support is ready to assist you on all business days. 
 

With MyData backup, you have tools that can be set to delete the files on your cloud storage and on the computer, after a desired period. It is the customer's sole responsibility to choose a setting suitable to their needs. If you, as a customer, do not make adjustments in either settings or installation, you will be set up with the “Forever Safe”-level security option, which never deletes the files from cloud storage, even though they are deleted locally on the computer. If you change the level and settings herein, you will carry the sole responsibility for the effects hereof. Contact our support at the slightest doubt.

 

Acceptable use
By starting a membership with MyData, you agree that you will not misuse MyData’s backup solution according to the following stipulations. For example, you must not - nor try to - use our backup service for the following actions: 1. Probe, scan or test the vulnerabilities in systems or networks. 2. Violate or otherwise circumvent any security or authentication measures. 3. Send virus, overloading, flooding or spamming. 4. Plant or otherwise send malware through our services. 5. Send advertisements, spam or other forms of false information - also called "spoofing" or "phishing". 6. You must not violate any local, nor any international European law in any way when using our backup software, product or service. 7. You will not use the encrypted backup to store any illegal content or files in full or partial form.

Receipt for purchases with credit cards

All customers at MyData who buy with a credit card will be provided with a receipt. Our customers automatically receive a receipt for the transaction on their customer page.

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Renewal / deletion of payment card.
If you wish to renew or delete a payment card, contact MyData by email at info@my-data.dk. In this inquiry, no card information may be stated, but only the request for deletion / renewal, after which we naturally meet the request. Upon renewal, the card is renewed by the customer himself via his customer page.

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Subscription service
With MyData subscription service, you pay with your credit card. After your initial payment I completed, your invoices will be paid automatically from your card on a recurring basis, there will be no invoicing fees. Your card information will be stored securely in our secure payment system, in Scandinavia managed by DIBS Denmarks’s secure payment gateway. As security is paramount when working with MyData, this method also ensures that you, and you only, can enter your card information. The subscription expires when it is terminated by contacting info@my-data.dk. The subscription will be automatically renewed according to the agreed upon terms (see termination terms above). 

If you have set up monthly payments, you will always be invoiced on the 2nd of every month. The first month is commonly settled in full with the initial purchase of a MyData service agreement. Next month you pay only for the days up to the 2nd of the month. To claify, if you bought your product on 21 February, the following month you will only pay for the days up to 2 March, and thereby pay for 10 days. If you have made the agreement with Viabill, it will always be their terms that apply to your payment. Terms for Viabill can be found in the Viabill section further down.

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Right of withdrawal for subscriptions (Only for consumer purchases)
 

By subscription
As a consumer, you have a 14-day right of withdrawal when you shop with us.
The cancellation period expires 14 days after the day the agreement is made.
The deadline means that you have 14 days from the date of the agreement to let us know that you want to cancel. You can inform us on email to info@my-data.dk.

 

Refund
If you regret your purchase, you may request a refund.
We will refund the amount to you no later than 14 days from the day we have been notified of the cancellation. We will refund the money through the same channel from which payment was made.

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Return
Once you have notified us that you have regretted your purchase, you have 7 days to any and all hardware purchased from MyData.
Return of hardware is made at the expense of the client and the client hold responsibility for any damages the hardware occurred after receipt of the product.

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If the item has lost value caused by tear or misuse by the customer, returned amount might be adjusted accordingly. The amount returned varies depending on the commercial value of the item, and in some cases it may entail that the customer can only get the shipping costs refunded.

We recommend that you return the item in its original packaging.

If the original packaging is missing, it may lead to a decrease in the value of the item, depending on the nature of the item, MyData will determine how much this will affect the overall value of the item.

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Refund of the purchase amount
If the customer regrets a purchase, the customer will be refunded. If the item is impaired, MyData will deduct the amount you are liable for.
MyData will refund all payments received from you, including delivery costs (however, this does not apply to extra delivery costs in cases where you have chosen a different form of delivery than the cheapest form of standard delivery that we offer), no later than 14 days from the day we has received your message that you want to cancel the agreement.
We will refund the money with the same means of payment that you used at the time of purchase, unless we have agreed otherwise.
We can withhold payment until we have received the item, unless you send us proof of having returned it.

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Right of withdrawal in business purchases
Business customers do not have general rights to withdrawal of a purchase unless otherwise agreed in writing.

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Newsletter and contact per. email
When ordering a MyData online backup product, you have the opportunity to also give MyData consent to contact you via e-mail. The email may contain information about new products, tips for further securing your online data or relevant news. You can at any time refuse to receive these e-mails by writing to us at info@my-data.dk or by ‘unsubscribing’ directly in the newsletter. Please note that even if you do not request e-mail from us, we may need to send you information about your product so that you can get the full benefit of the product. MyData ApS does not sell your contact information to third parties.

Creation fee
If there is a start-up fee on any of your MyData products, it will always be clear from your price on the invoice. There will never be a set-up fee with MyData that is not clearly stated in the invoice.

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License Limits
Security subscriptions with MyData is generally customized to the whole home or organization, as such, it is not necessary to purchase security software for each device. In your software agreement, you will have a breakdown of exactly how many devices you will be licensed for stated clearly.

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Upgrades - Downgrades
Depending on the nature of your agreement and agreed upon payment terms, you will at any time be able to upgrade or downgrade your backup solution with MyData. At the clients request, the provided software solution will be automatically adjusted to the desired setting and size. For upgrades, you will receive a new invoice for payment, after which your agreement will be automatically upgraded. You will also be able to downgrade your agreement, which will be automatically adjusted at the next renewal. You make the adjustment by contacting our customer service who will make sure to be support your request. 

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Logins, users and allocation
With MyData backup you can create several logins to access your backed up files. If you want a separate user for various departments of the organization, or family-divided logins, you can create dedicated user logins with dedicated access to allocated sections of the backup solution. For each user, the amount of data to be allocated to the specific user, based on the criteria of the agreement. The administrator can at any time regulate in the amount of data each user is allocated, in order to free up space for other users. You can also upgrade and purchase additional space. Changes in the allocations of data amount are made via the MyData dashboard. Here you can add and remove amount of data from the users you have created for the backup solution.

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File versions
MyData has unlimited file zones. All uploaded versions will therefore be stored on our servers, so you have the opportunity to "jump back in time" if something is incorrectly stored. As a customer, you can regulate on the rules for version history on your dashboard, where all versions are saved if adjustments from the customer are not made. The latest version will always be the one displayed on the dashboard.

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Backup of file types
MyData can continuously regulate restrictions on file types that are accepted for online backup storage. This is to achieve as stable a backup product for our customers as possible. MyData will always have the applicable terms stated in its material. It is the customer's responsibility to stay up to date via our customer-assigned customer database and terms.

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“Forever Safe” and “safe” settings
With MyData, you have several options for storing files directly in the cloud; including “Forever Safe”. When you delete files which are only stored in the cloud storage, this is a permanent action. This action can not be undone, and you as a customer will therefore be warned about this before confirmation is given. As a customer, you are responsible for understanding the functions of the various backup features you interact with.

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The “WIPE” function
The WIPE feature gives access to delete all online backups from the equipment, or delete all files on the equipment, via the dashboard. Please be careful with this backup feature, as you can leave the equipment useless and even without an operating system. This feature can be used in case of theft of equipment in order to prevent data loss or data theft. Warnings will therefore be indicated on the dashboard, when using the feature. If you have any doubts about the function, we recommend that you talk to one of our support agents prior to using this feature. It is the customer's responsibility to understand the outcome when using this feature.

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Backup Maintenance
We constantly strive to secure our customers' backups in the best possible way. One initiative is to continuously search for online machines that have not been set up. For example, if a computer is online without active backup set, we will, if technically possible, create a backup direectly from the cloud of the local equipment. Our goal is to protect the areas that are accessible from the cloud that we identify as essential, on online equipment without set up running. All fully encrypted. Please contact our support if you want help with your setup.

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Backup of mobile devices
MyData has backup services that allow backup of mobile devices, with the systems iOS and Android. If you are in doubt as to whether your agreement contains this feature, you can contact our support at any time. The backup software will specify which files your mobile device gives permission to back up. Online backup of mobile devices has ‘Forever Safe’ as the default cloud storage option. The files that are backed up will therefore all be stored forever in the cloud. Here it is the customer's responsibility to delete the unwanted data from his dashboard if needed.

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Payments
All payments made by the client for the backup services, at MyData, must be in accordance with the prices in the agreement and must be paid in advance. MyData reserves the right to change pricing and stop offering various elements of the online backup at any time. You can then decide if you want to continue to keep the backup service. We will notify you by email if we make any changes to our services. If you continue to use our backup product after being informed of any price or service change, it will be considered an acceptance. All payments for our cloud backup service must be paid in advance, and your payment will automatically be made within your chosen subscription period from your chosen agreement. If you choose to pay by credit or debit card, you accept that we automatically deduct the money from your account upon agreed renewal. If you wish to terminate your subscription with MyData, you must notify us in writing at info@my-data.dk. All payments to MyData are non-refundable unless included in the terms of these terms. You agree that you will not be able to withdraw your payment through your bank for payments to MyData. If you do not accept this, you will be held responsible for all costs that will be in line with this action.

In the absence of payment, MyData reserves the right to block, close or make the solution unavailable immediately.

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Upgrade in case of overconsumption
For security reasons, your backup of first selected areas will always be secured and will never be blocked from uploads, even if the amount of data purchased is exceeded. Our customers can at any time clearly follow all data consumption levels of the service, on the dashboard and on the installed software platform. Our customers can always adjust in their secured data online on the dashboard, here the client can also remove any unnecessary or unwanted data. After an account has exceeded its data quota for 10 days, it will automatically be upgraded and invoiced via the invoicing terms that apply to the agreement. An upgrade will always be an incremental increase of 20% of the previously purchased data quota and will be invoiced at 20% of the allotted price.

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Delivery
Hardware is delivered by parcel post, via our various affiliated partners. Delivery is always free of charge. Delivery time is expected to be approx. 1 week. All software is delivered by email or downloaded om MyData’s website and customer support can always help you install new software.

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Issues with subscriptions
If you are not satisfied with the subscription / membership, you can contact our support by email or phone at any time.

The Purchase Act’s defect rules does not apply to subscriptions. Whether you have a 2-year right of complaint according to the rules in the Purchase Act therefore depends on which service is to be provided in accordance with the subscription agreement. In case of delivered of goods, the following applies: You can complain about errors and defects that were present on the time of delivery for up to 2 weeks after delivery of the item. This means that you can basically have the item repaired, exchanged, the money back or a reduction in the price, depending on the specific situation and within the abovementioned period. It is, of course, a requirement that the complaint is justified and that the defect has not arisen as a result of incorrect use of the product or other damaging behavior.

 

Charge on your card
You can revoke the permission for us to deduct subscriptions on your credit card at any time. You can also object to "unauthorized charges" to your card provider, but no later than 4 weeks after the charge, unless otherwise stated in your agreement with the card provider.

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Personal data policy
We need the following information when you shop with us:
Name, address, telephone number and email address.
We register and pass on the personal information that is necessary to be able to deliver products and services to you.
Your personal information is registered with My Data ApS and stored for up to five years, after which the information is deleted.
In addition, we collaborate with a number of other companies that store and process data. Companies process information solely on our behalf and may not use it for their own purposes.

We only work with data processors in the EU or in countries that can handle your information with adequate protection. The data handling responsibility for mydata.dk lies My Data ApS. You have the right to be informed of what information we process about you at any time.

If you believe that the information is inaccurate, you have the right to have it corrected. In some cases, we have a duty to delete your personal data if you request it. It can e.g. be if your data is no longer necessary for the purpose for which we were to use it. You can also contact us if you believe that your personal data is being processed in violation with the law. You can write to us at: info@my-data.dk.

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Access to justice (for consumers only)
If you, as a consumer, want to complain about your purchase, please contact us at info@my-data.dk. If we do not succeed in finding a solution, you can send a complaint to:

House of Boards
Toldboden 2
8800 Viborg
naevneneshus.dk

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If you live in an EU country other than Denmark, you can complain through the EU Commission's online complaint portal here - http://ec.europa.eu/odr

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Our terms and conditions were last edited on 12.08.2019.
 

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