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Terms & Conditions Applicants

Welcome to Finioo® (“Finioo” or “Service”), found at the web site, www.finioo.com, or through this integration platform (the “Site” or “webapp”) - a product of the Prestatech GmbH (“the Company”, "we", "us", or "our"). This Terms of Use Agreement (“Agreement”) contains the terms and conditions upon which you (“you,” or “user” or “applicant”) may access Finioo or any products or services offered through the Site. With accepting this Agreement you agree to be legally bound by these terms.

 

General Terms

Finioo is a platform that allows you to generate a report (the "Finioo Report") based on your financial and personal information (the "Application Information"). The purpose of the Finioo Report is to demonstrate your financial reliability and trustworthiness, simplifying your interactions with third parties and providing you with complete control over your data. These third parties of your choice may include landlords, property managers, real estate professionals, credit brokers, and similar individuals or entities (referred to as "Authorized Parties").

If you have been invited via a dedicated link to use the Site by an Authorized Party, this Agreement also regulates the relationship between such Authorized Party and you. By accessing or using the Site through an invitation from an Authorized Party, you acknowledge and agree that you are entering into this Agreement not only with the Company but also with the Authorized Party who invited you. This Agreement outlines the terms and conditions that govern your use of the Site, including any specific arrangements, obligations, or rights associated with your relationship with the Authorized Party, limited to the processing activities relevant to such party. Please read this Agreement carefully to understand your rights and responsibilities. 

After agreeing to the terms of this Agreement, you will be requested to authenticate your identity and provide the Application Information as detailed in the Privacy Policy. You acknowledge that your Application Information will be processed by the Company that upon successful completion of process will generate the Finioo Report, which will be shared with the Authorized Parties. You acknowledge and agree that the Company is not responsible for any actions or decisions made by the Authorized Parties with whom you have agreed to share your Finioo Report.

Also, if you give your consent for the “Commercial and marketing activities” you agree and authorize the Company to process the Application Information within the scope of such activities, as reported in the relevant section of this Agreement and share the Application Information with our partners.

The images, text, screens, web pages, materials, data, content and other information (“Content”) used and displayed through Finioo and/or the Site are the property of the Company or its licensors and are protected by copyright, trademark and other laws. In addition to its rights in individual elements of the Content within the Site, the Company or its licensors own intellectual property rights in the selection, coordination, arrangement and enhancement of such Content as well as on software, algorithms, integration capabilities, data analysis and automation tools and other technical solutions ("Software") used and offered through Finioo and the Site. None of the Content nor Software may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reverse engineered, accessed using automated systems/bots/software, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of the Company or the owner of the Content.

The Company, as owner of the Site, may revise this Agreement periodically. Revisions will be effective when posted or as otherwise communicated to you, also via e-mail.

 

The service

Finioo is a aplicant screening service designed for your convenience and ease. We understand that finding the perfect rental home is important to you, and Finioo is here to ensure a smooth and transparent screening process that benefits applicants, landlords and any other party involved in the process such as real estate brokers and property managers.

  • Streamlined application: say goodbye to lengthy paper applications and welcome our user-friendly online application process. With just a few clicks, you can submit your Application Information securely, generate the Finioo Report, and authorize the screening process, saving you time and hassle.
  • Swift results: we know that waiting for a response can be frustrating. That's why Finioo delivers comprehensive screening reports within minutes. You'll send the information swiftly, dramatically reducing the waiting time. Please note that it might take up to two business day following the Application Information upload to provide you with the report. 
  • Protecting your privacy: your privacy matters to us. Finioo follows stringent data security measures, utilizing encryption protocols and secure storage to safeguard your sensitive information. Rest assured that your data is handled with the utmost care and in compliance with strict privacy standards. For more information on this, visit www.finioo.com/security-information.
  • Empowering applicants insights: Finioo provides you with valuable insights into your rental history, income verification, and more. Understanding what landlords may see in your screening report empowers you to present your best self and gives you the opportunity to address any potential concerns proactively.
  • Support Whenever You Need It: our dedicated customer support team is available to assist you with any questions or concerns you may have. Whether you need clarification on the screening process or assistance with accessing your reports, we're here to help.

At Finioo, we strive to make your journey to finding a new rental home as smooth and stress-free as possible. Our reliable and efficient screening service puts you in control, helping you secure the rental property you deserve with confidence.

 

Disclaimer of Warranties and Liabilities

Finioo and the Site, including all Content, Software, products and services made available on or accessed through this site, are provided to you “AS IS”. As far as is permitted by applicable law, neither the Company, its employees, directors, agents, partners, and licensors, affiliates, and relevant data providers make any representations or warranties of any kind whatsoever i) as to the Content, Software, products or services available on or accessed through Finioo and the site, ii) that you or a third party will have continuous, uninterrupted or secure access to Finioo or the site, products or services or iii) that Finioo, the Site, including all Content, Software, products or services will be error-free. In addition, the Company, its employees, directors, agents, partners, licensors, affiliates and relevant data providers disclaim all express or implied warranties, including title, merchantability, fitness for a particular purpose, non-infringement and informational content. Therefore, you agree that your access to and use of Finioo, the Site, including all Content, Software, products, services and content are at your own risk. Additionally, you agree that the Application Information and especially the Finioo Report is not error-free and may include incorrect information that does not pertain to you and that the Company, its employees, directors, agents, partners, licensors, affiliates and relevant data providers are not responsible or liable for any action or decision taken by any third party based on the Application Information. By using Finioo also via the Site, you acknowledge and agree that neither the Company, its employees, directors, agents, partners, licensors, affiliates nor relevant data providers have any liability to you (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with your access to or use of Finioo, the Site, including all Content, Software, products or services (even if we have been advised of the possibility of such damages), including liability associated with any viruses which may infect your computer equipment. You acknowledge and agree that the Company’s data providers are a third party beneficiary of the provisions of this section, with right of enforcement.

As far as is permitted by applicable law, you agree to indemnify and hold harmless the Company, its employees, directors, agents, partners, and licensors and affiliates from any claims, liabilities, damages, losses, costs, and expenses (including attorney's fees) arising out of or in connection with your use of Finioo, the Site, including all Content, Software, products, services and content, including, but not limited to, violations of this Agreement or the rights of third parties.

Our Site may contain links to third-party websites or services that are not owned or controlled by the Company. the Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

 

Registration and Accurate Information

If you decide to use the Site or Finioo, you may be required to register, provide financial and personal information, and select a user name and password. You agree to provide accurate information during registration and in any interaction with the Site and to keep your password confidential. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify the Company promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of this Agreement and shall constitute grounds for immediate termination of your account and your right to use the Site.

 

Our Privacy Policy

Through your utilization of our Site, you acknowledge that we undertake the gathering, utilization, and dissemination of your personal data, guided by our Privacy Policy. Prior to engaging with Finioo and our webapp, we strongly encourage you to thoroughly review this policy.

 

Data Security

We have implemented appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

While we endeavor to protect your personal data, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.

For more information on this matter, visit www.finioo.com/security-information. 

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Data Retention

The Company retains your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Upon termination of your account, your personal data will be either deleted or anonymized in a manner that ensures it can no longer be attributed to an individual in an irreversible way, unless there is a legal obligation which requires us to keep your information for a certain period of time.

For more information on this matter, please refer to the Privacy Policy.

 

Payment terms

Access to the Site is free of charge, when requesting a Finioo Report the User or the Authorized Parties will have to pay accordingly a fee.

The Company reserves the right to modify or update the payment terms at any time. Any changes will be communicated to the User in advance, and continued use of the webapp after such modifications will be considered acceptance of the updated payment terms.

 

Commercial and marketing activities

By using Finioo and the webapp, and by providing specific consent for the processing of the Application Information for commercial and marketing purposes, you agree to engage in the following activities:

  • Marketing Communications: with user’s consent, we may process Application Information to communicate with users about our services, promotions, special offers, or other marketing initiatives, including customer satisfaction surveys. These communications may be delivered through various channels, including email (i.e. newsletter) or targeted advertisements on our Site.
  • Personalized Marketing: to enhance the user experience and with user’s consent, we may process Application Information to tailor marketing communications based on user preferences, interests, and usage patterns within our webapp. This enables us to provide more relevant and personalized content and offers.
  • Targeted Advertising: with the user's consent, we may utilize cookies, tracking technologies, and user-provided information to deliver targeted advertisements within our webapp. These advertisements may be based on the user's interests, preferences, and previous interactions with our services.
  • Affiliate Programs: In order to offer additional products, services, or promotional opportunities that align with the interests and needs of our users, we may process Application Information to create affiliate programs. This involves sharing certain Application Information with our trusted partners and, eventually, offer to you products, services, or promotional opportunities that are likely to be of your interest. We will ensure that appropriate safeguards are in place to protect the privacy and security of the data shared with our partners.

We respect the your preferences and offer control over Application Information used for commercial and marketing purposes. You will have the option to manage your communication preferences, opt out of commercial and marketing activities, and exercise their rights as described in our Privacy Policy.

 

Term, Termination, and Modification

This Agreement will take effect when you tick the box “By registering, I accept the Terms and Conditions of the Service. Furthermore, I have read and understood the Privacy Policy.”, and will terminate (a) when either party gives notice of its intention to terminate to the other party hereto, towards the Company via the provided contacts on the website, or (b) if the Company discontinues providing Finioo or access to the Site.

The Company may (i) change the terms of this Agreement or the feature of the Service, or (ii) change the Site, including eliminating or discontinuing any Content, Software or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted. If significant changes are made, we will notify you in advance through your email address and/or with a prominent notice on our website. You will have the opportunity to review and understand the changes before they take effect. If you continue to use Finioo and/or the Site after the Company has notified you, you agree to be bound by all of the changes. Please review this Agreement and the Site regularly to stay informed about changes.

 

License to use the webapp and prohibited uses

Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use Finioo and the Site.

In providing your Application Information, you agree to provide accurate, complete, and non-misleading information about you. You are responsible for ensuring the legality, reliability, and appropriateness of all Application Information and of any operation conducted through Finioo. The Company is not involved in any operation between users, except providing the platform to facilitate such transactions. The Company shall not be responsible or liable for the conduct of any users or the legality or appropriateness of any operation conducted on Finioo. You are prohibited from using Finioo for any illegal purposes, including but not limited to impersonation, submission of false documentation and falsification of documents, fraudulent transactions, or any other activities that infringe the rights of the Company or any other third party, including privacy rights and personal rights.

You agree not to use the webapp for unlawful or prohibited purposes. Also, you agree not to use the service to:

  • upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data,
  • send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages,
  • copy, display, distribute, download, license, modify, publish, repost, reproduce, reverse engineer, accessed using automated systems/bots/software, reuse, sell, transmit, use to create a derivative work or otherwise use for public or commercial purposes any of the Content and/or Software,
  • harass, offend, or harm others and/or infringe the rights of the Company and/or Authorized Parties and/or any other third party, including privacy rights and personal rights, and
  • collect, store, or disseminate personal data about other parties without their explicit consent.

Any violation of the terms of this license may result in severe civil and criminal penalties. Violations may include, but are not limited to, unauthorized use, reproduction, distribution, or modification of the licensed material. If you violate these terms, your license to use the material may be revoked immediately without notice. Additionally, you may be held liable for damages, including any costs and legal fees incurred by the Company as a result of your violation. Legal proceedings may be initiated against you to enforce compliance with these terms and to seek appropriate remedies under the applicable law.

 

Place of jurisdiction, online dispute resolution, consumer dispute resolution

If you act as or on behalf of a sole trader, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the use of our services will be at the registered office of the Company (currently located in Berlin, Germany). The same applies if you do not have a general place of jurisdiction in Germany or if his or her place of residence or habitual abode is unknown at the time the action is filed.

This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.

In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the European Commission provides a platform for online dispute resolution (OS) for consumers. You can reach this at this link.

We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board.

 

Contacts

For any questions or concerns regarding this Agreement, or for any request to exercise your legal rights, please contact us at:

Prestatech GmbH, Rosenthaler Straße 46/47, 10178 Berlin, Germany

You can also reach us via our online form at www.finioo.com/contact-us or via email at help@finioo.com . For issues specifically related to data protection, please contact our Data Protection Officer at: dpo@finioo.com

Our dedicated customer support team and our Data Protection Officer will try their best to resolve your issues or answer your questions promptly. For any unresolved issues, you have the right to complain to a data protection authority about our collection and use of your personal data. Please remember that email communications are not always secure, so please refrain from including sensitive information in your emails to us.

If you have been invited to use Finioo by an Authorized Party, you can also reach out such party via the information provided by email. 

 

Final provisions

The Agreement was originally drafted in German language. In case of contradictions or ambiguities between the German version and translations into other languages, the German version shall prevail.

If any provision of this Agreement is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by such valid and enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision. The same applies in case this Agreement proves to be incomplete.

The headings in this Agreement are for convenience only and have no legal significance.

This Agreement constitute the entire agreement between you and us concerning your use of Finioo and the Site and the services provided through the webapp and supersede any previous written or oral agreements, arrangements, or understandings.

The Company will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, force majeure situations, labor disputes or other industrial or technical disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.