Our website address is: www.teamhiber.com.
UPDATED 2 JUNE 2021
We at Hiber AB (“Hiber”) are committed to protecting and respecting your privacy when you access and use our apps, platform, websites, software services and related services we provide to you (“Service”).
Data Protection Manager
417 56, Gothenburg, Sweden
- PERSONAL DATA THAT WE PROCESS
We process the following categories of personal data about you:
User data. During the registration process where you become a user, you will provide us with your username, birth date and password. For the purpose of restoring and changing your password you may provide us with your email. This information only becomes personal data if you use your real name as username or in the email, otherwise we cannot identify you through the user data.
Communications data. We will collect data when you contact us regarding the Service. Communication data may include user data and other relevant information you share with us about yourself or others. For example, we collect relevant information about your user support interactions with us, such as the date, time, method of contact and subject of the conversation. We will also store the communication from within the Service, such as comments and discussions from in-App, our websites, or our Discord channel, which may include personal data. We will also store and collect data related to your comments, liking, following, and sharing of our content on our social media channels including, but not limited to Tik Tok, Discord, Snapchat, Instagram, Youtube, Twitter, Facebook and Linkedin.
Survey data. We may contact you to participate in online user satisfaction surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
Competitions. In case you participate in our competitions we will need to collect certain information which may include personal information, such as your name or email, for the purpose of contacting the winner.
Technical data. We will collect technical data from mobile devices in connection with you use of the Service, such as IP address, browser type and version, screen resolution, preferred language, operating system, graphics display capabilities, RAM, available storage space, and platform. Technical data may also include information about how you use the Service, and if you encounter any technical errors. Even though we do not normally use technical data to identify individuals, sometimes individuals can be recognized from it.
User activity data. We save information about your activity in the Service in order to improve the Service, but also to enable user support and to enable you to unlock achievements and badges, and to operate leaderboards.
- HOW WE GATHER YOUR PERSONAL DATA
Information you give to us. Most of the information we collect about you is received from you. You may directly or indirectly give us information about yourself in different ways, for example during the registration process as explained above or by using the Service. You can always choose not to provide us with certain information. However, some personal data might become necessary in order for us to provide you with our Services (e.g. if you contact us for restoring your password or for us to provide you with achievements and badges). Moreover, we will gather information through analytics and service performance feedback mechanisms, such as pixels, attribution links, and potentially cookies if you access the service from a browser instead of the App.
- PURPOSES OF OUR PROCESSING AND LEGAL GROUNDS
We process your personal data for the following purposes and based on the following legal grounds:
To register your account. We will process your personal data (if any is given during the registration process) to register your account. This is necessary to enter into a contractual relationship with you and to pursue our legitimate interests, such as our interest in simplifying the registration process for our users and administering the contractual relationship.
To market our Services. If you have given your consent, your contact information will be used to send newsletters or other information regarding the Service or Hiber. You can unsubscribe from the newsletters by following the unsubscribe instructions contained in any email received from us.
To conduct user surveys. Your contact information may be used to conduct user surveys. By continuously collecting qualitative feedback from you and other users, we can gain a deeper understanding of our users’ problems and needs. This processing is necessary to pursue legitimate interests, such as our interest in developing and improving the Service. Participation in user surveys is optional.
To develop and improve the Service. We use technical data, survey data, and other aggregated and non-personal information to develop and improve the Service, including troubleshooting, data analysis, research, statistical purposes and testing (such as beta testing and evaluation of new features, in line with the fundamental nature of the Service). For example, we may collect and evaluate technical data about your use of the Service for analytical purposes, to understand how people use the Service in order to make it more intuitive, or more compatible with certain browsers, devices, and hardware configurations. This processing is partly necessary to provide the Service to you but mainly to pursue legitimate interests, such as our interest in developing and improving the Service and its features.
To fulfil our legal obligations. We are obligated to follow applicable laws. This means that your personal data is processed, including transferred and retained, to the extent necessary for us to uphold our obligations under applicable laws or other legal obligations, e.g. bookkeeping and reporting to the authorities.
To protect our legitimate business interests and defend us against or enforce legal claims. Your personal information will be used where we believe it is necessary to protect ours, your rights, or others’ legal rights, or other legitimate interests. Processing for this purpose can become necessary to defend us against or enforce legal claims. The legal ground for this processing is our legitimate interest to protect us, you and others and for us to defend against or enforce legal claims.
In connection with a merger or acquisition. In connection with, due to strategical or business-oriented reasons, a potential merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company, the personal data we retain about you may be processed, shared or transferred, to parties involved in the process. This processing is based on our legitimate interest of being able to develop our business.
- HOW WE SHARE YOUR PERSONAL DATA
We aim to deliver a great service and user experience. This means sharing information with trusted third parties:
Our employees and consultants. Your personal data will, when appropriate, be shared with some of our employees and consultants. However, we will restrict access to those of our employees and consultants who need it to perform their jobs, for example to provide you with user support. Our employees and consultants are subject to strict confidentiality.
Other users of the Service. If you choose to share for example a game created by you using our Service, or you write a comment in a comment-field or in Discord, such data and any potential personal information provided therein will be shared with other users of the Service.
Our service providers. We transfer to, or share, your personal data with our suppliers and subcontractors who help us provide the Service to you or supply other services to us which require the processing of personal data.
We provide personal data to third-parties solely for the purpose of delivering the Service and to manage our daily operations. Our suppliers and subcontractors are not authorized by us to use or disclose your personal data except as necessary to perform services on our behalf or to comply with legal requirements.
Merger, acquisition, or other business transfer. We may share or transfer your personal data in connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. However, please note that we will never sell your personal data to third-parties, unless we have your permission to do so.
- LINKS TO THIRD PARTY CONTENT AND WEBSITES
Our website and the Service may contain links to content or websites operated and hosted by third parties, e.g. our web-based merchandise shop. Users that follow such a link should review the terms and policies of such website, as they are the data controller for any personal information you may share at the third-party’s website.
- WHERE WE PROCESS YOUR PERSONAL DATA
We always strive to process and store your data within the EU/EEA. However, your data may in certain situations be transferred to, and stored at, a destination outside of the EU/EEA territory. Please note that privacy laws in countries outside of the EU/EEA may not be the same as, and in some cases may be less protective than, privacy laws in your country. However, we select our Service providers carefully and take all the necessary steps to ensure that your personal data is processed with adequate safeguards in place in accordance with the General Data Protection Regulation 2016/679 (GDPR). These safeguards are either that we sign the EU Commission Standard Contractual Clauses or ensure that the Service provider is located in a country which the EU Commission has deemed as having adequate privacy protection. For instance, if the company is located in the United States, they must use the standard contract clause located here.
- HOW LONG WE KEEP YOUR PERSONAL DATA
We keep your personal data only as long as necessary to fulfil the purposes for which it was collected. How long depends on the type of information and why we process it. We regularly review our need to keep data, taking into account applicable legislation.
Access and control over most personal data in the Service is available through the profile editing tools on the web page, within the apps, or on the platform. Users may therefore modify or delete any or all of their profile information at any time by logging into their accounts. Information is updated as soon as possible. Users who wish to deactivate their account may do so in their accounts on the web page, apps, or platform.
We keep your personal data until you delete your account or have been inactive for more than 3 years. If you do not deactivate or remove your information as described above, we will keep most of your information for as long as you have an account, but if you have been inactive on the Service, or in your communication with us for 3 years, we will delete your information. Even if you delete your account or withdraw your consent, we may keep your data if, to the extent we believe it is necessary for the protection of our, or others’ legal rights. Your data may also be stored for a longer period if required by applicable statutory retention periods, such as applicable periods for user claims from consumers and accounting rules.
- YOUR RIGHTS
Right to access your data. You have the right to request a transcript of personal data processed by us, and additional information on how the data have been collected, processed, shared, etc. The first transcript may be requested free of charge. However, repeated and unreasonable requests might result in us charging you an administrative fee as allowed for under GDPR.
Right to transfer your data. You also have, under certain circumstances, the right to transfer your personal data to another controller.
Right to object. You have right to object to processing based on legitimate interest. This means we may no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests. You can always contact us for more information on the balance test that has been made.
You may also object to your personal data being processed for direct marketing purposes.
Right to rectification. You have the right to correct inaccurate or incomplete information about yourself.
Right to erasure (‘right to be forgotten’). You have the right to request that we delete personal data about you, for example if the data is no longer necessary in relation to the purposes for which it was collected or otherwise processed, or if there is no legal basis for processing the data.
Right to restriction. You are entitled to request that the processing of your personal data should be limited until inaccurate or incomplete information about you has been corrected, or until an objection from you have been handled.
Right to withdraw your consent. You may at any time withdraw any consent you have given us. However, please note that it will not affect any processing that has already taken place.
Right to complain. You have the right to lodge a complaint to the supervisory authority (as defined in the GDPR) in the country you live or work in, if you believe that we have not complied with our obligations regarding your personal data. For Sweden the relevant authority is Datainspektionen.
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UPDATED JUNE 2, 2021
“Applicable Data Protection Legislation” means any legislation in force from time to time which implements the European Union Directive 95/46/EC and Directive 2002/58/EC and the General Data Protection Regulation (“GDPR”) 2016/679 of April 27th, 2016, the Children’s Online Privacy Protection Act, and Children’s Online Privacy Protection Rule, collectively (“COPPA”), and is applicable to this Agreement and all other applicable laws and regulations that may apply to the transfer of Personal Data.
“Personal Data” shall mean any information relating to a Data subject; an identifiable person is one who can be defined, directly or indirectly, notably by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Contact data and Service Data are Personal Data.
“Contact Data” means any names, phone numbers, e-mail addresses and certain financial details held within commercial systems to conduct the Parties’ relationship management and billing transactions between the Parties;
“Controller”, “Data Subject”, “Personal Data”, “Process/Processing” and “Processor”, shall have the same meaning as in the European Union Directive 95/46/EC or the General Data Protection Regulation 2016/679 of April 27th, 2016.
“Service Data” means any Party’s Personal Data (that is not Contact Data) held within the Parties’ systems, applications or databases and that may be accessed, processed, used or stored as a consequence of performing the services under the Agreement.
“Third Country” means a country that is: (i) outside of the European Economic Area; and (ii) not the subject of a formal decision by the European Commission, made pursuant to Section 25(6) of the European Union Directive 95/46/EC or under Article 45 (1) of the General Data Protection Regulation 2016/679, stating that that country ensures an adequate level of protection for personal Data.
- Collection of information
Information collected through the service
Hiber may also collect and process other information when you interact with the service online, such as the type of browser you are using, the type of operating system you are using; the IP address or other unique identifier such as a device identifier of any of your electronic device(s) that are used to access the service. Such information will be collected and processed irrespective of whether you only access the service or install the App. Hiber may also collect and process certain information when you as a user with a user account interact with the service, such as the information in your personal profile, the relationships you form on the service, the messages you send, the groups you form, the events you set up and participate in, the applications and social media profiles you add, videos and other creative content you share, and the information you transmit through various channels.
Information collected through other sources
Hiber may also collect information about you from other sources, such as third party sites or platforms, newspapers, blogs, instant messaging services, and other End Users of the service through the operation of the service in order to provide you with more useful information and a more personalized experience.
- Profiles, logs etc.
Profiles. A profile is information saved on your mobile device so that the App is able to remember your preferences and/or make your use of the App more efficient and enjoyable. Hiber uses tacking to determine the number of unique players of the service over a given period, to remember user account details, etc. so that the need for multiple log-ins is eliminated. It may combine information collected through trackers to any Personal Data submitted online when using the service to help personalize a user’s access to and use of the service.
Logfiles. Log files are files that log actions that have occurred on a service. Hiber may collect data in the form of log files and may use such log files to gather statistics about End Users user habits and to assess overall activity, including how many “hits” a particular piece of content is getting and other navigational data. These entries are generated anonymously, and enable Hiber to track interest in specific promotions, troubleshoot technical concerns, and provide End Users with content that may be of interest to them. Log files are used internally only, and are not associated with any particular user, device, or browser.
IMPORTANT INFORMATION FOR PARENTS – COPPA
- Use of information – Purpose and legal basis
Hiber will use information about you for the following purposes in accordance with applicable laws:
Age identification – Our products are only available to people 13 years old or older. We take children’s privacy very seriously, and we do not directly collect any Personal Data from children. We strive to comply with the Children’s Online Privacy Protection Act of 1998 (COPPA), the US law that protects the privacy and information of children. We strongly encourage parents and guardians to learn more about this important regulation. For more information, you can visit: https://epic.org/privacy/kids/#introduction.
If you are under the age of 13, you may not access our service. Users must verify that they are at least 13 years of age before accessing the service and providing personally identifying information such as an email address.
Information you provide or that is collected from you in or in relation to the service and information from other sources – Information is provided by you or collected in or in relation to the service and/or collected from other sources in order to:
- provide, operate, improve and maintain the content, experience and services, and your account(s);
- personalize the service, content, loyalty programs and related services to you;
- send technical notices, updates, security alerts,
- for support and troubleshooting reasons;
- send support and administrative messages
- provide news and information about the service, features, and products;
- monitor users using the service and activities in the service;
- facilitate sharing on social networks;
- provide adults with advertising in accordance with given consent and/or permissible laws;
- identify, fix, and troubleshoot bugs and service errors, provide software updates, etc;
- resolve disputes, investigate and help curb fraud and illegal behavior, comply with the law, and to enforce our agreements and policies;
- survey end-users opinions about the service and related matters through surveys or questionnaires;
- communication reasons related to the service and related matters;
- manage the service and send you confirmations and important information about your account, products, purchases, subscriptions, and warranties;
- present offers and/or information relating to the service and other services that you might like;
- make recommendations to you; and
- personalize advertising for you and to deliver targeted marketing, service updates and promotional offers.
Processing of this information is necessary for the purpose of performance of a contract to which you are party in order to support the operation of the service, facilitate the delivery of requested products and services and enable maintenance and update of the service under Article 6(1)(b) of the GDPR and purposes is justified by our legitimate interests in providing advertisements and content of interest to you and improving our services in accordance with Article 6(1)(f) of the GDPR (“the balancing-of-interest rule”).If you choose to enter your e-mail to be able to receive your forgotten password we will base this processing on Hiber’s legitimate interest to provide you with your password in case you forget it. Disclosure of your advertising ID to third parties for the purposes of behavioral advertising is based on your consent in accordance with Article 6(1)(a) of the GDPR. We only process your information to the extent that is necessary to achieve the purposes for which the information has been collected.
- Storage of Personal data
With respect to processing of Personal Data, Hiber is the Data Controller. Hiber shall (i) Not keep the Personal Data for longer than is necessary for the purposes of performing the Agreement unless further storage is required in order to establish, exercise or defend a legal claim or to comply with applicable law, including accounting rules; (ii) Store, process and use the Personal Data for the sole purpose of performing the Agreement; and (iii) Ensure that their employees and employees of their affiliates and subcontractors involved in the performance of the Agreement comply with the provisions of this agreement (iv) Implement all reasonable technical and organizational measures to protect your Personal Data against any accidental or unlawful destruction, accidental loss, unauthorized alteration, communication or access, (v) Where applicable report to you, upon its occurrence, any unauthorized access, disclosure, use, modification or destruction of your Personal Data, (vi) Refrain from exporting or transferring your Personal Data to any Third Country, and from collecting, using or Processing Personal Data within any Third Country, unless prior to the transfer we have ensured that an adequate level of protection of the Personal Data has been implemented in accordance with the terms and conditions stated in section 9 of this Agreement (International Data Transfers). Personal Data are deleted or anonymized as soon as it no longer serves one of the above mentioned purposes and in any event no later than three (3) years after your interaction with us has ended.
- Information we share with third parties
As a general rule we will not share Personal Data that directly identifies you (such as your name, e-mail or postal address) with independent third parties without your consent, unless it is either required by law or we determine that disclosure is reasonably necessary to enforce our rights, property or operations, or to protect our players, or third parties. We may share anonymous or aggregated information, or other data that does not directly identify you, with third parties, for instance your persona on leaderboards or to show trends about use of our products.
Notwithstanding the foregoing, we may share information about you with certain third parties based on the legal basis in Articles 6(1)(b), 6(1)(c) and 6(1)(f) of the GDPR as follows:
Social networks – Where the service or features are accessed and/or provided through social networks.
Third parties – When required by applicable law, rule, regulation, legal process, in the process of negotiations of, any mergers and acquisitions, sale of company assets, financing or acquisition of all or a portion of our business by another company where personally identifiable information submitted to us may be transferred to the acquiring entity.
Courts, law enforcement agencies, legal authorities etc. – When ordered or requested by courts, legal authorities etc. and required in order for us to abide by applicable laws, or to protect our rights, in defense in lawsuits, property or safety of Hiber, the service, end users etc.
Other end users – In order to provide certain features on the service, including but not limited to multiplayer functionality and chat, etc.
Advertising networks – For advertising purposes. We may share your advertising ID with advertising in order to serving behavioral advertisements to you within the service if you have given consent in accordance the Terms of Service.
- Payment information
In order to access the complete service, certain premium functions, levels, content and features, etc., you are required to pay certain fees. When purchasing such features and functions, etc., you may be asked by the platform/service providers to provide certain personally identifiable information, such as full name, billing address, email address, phone number and credit card number/expiration date etc. Please note that you must be the age of 18 or older to make purchases via the service.
Once End Users have successfully entered valid credit card information etc. and completed the order process, a purchasing account will be created and maintained for them. The platform/service providers will use the information provided to process the End User’s order and to send order confirmations via email, as well as to make future purchases easier for the End User. Hiber does not sell, transfer or share customer information with third parties, except where applicable the information is transferred, disclosed and shared with its third-party agent(s) who uses the information solely to handle and deliver certain online activities necessary to operate Hiber’ business (e.g. processing orders and payments).
Hiber has taken reasonable steps to ensure that the personally identifiable information it collects is secure and we have taken reasonable measures to protect the confidentiality, security, and integrity of the Personal Data collected from our service’s End Users. Personal Data is stored in secure operating environments that are not available to the public and that are only accessible to authorized employees and contractors. We also have security measures in place to protect the loss, misuse, and alteration of the information under our control. However, there is no such thing as perfect security. As a result, although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted to us through or in connection with the service, that we store on our systems or that is stored on our service providers’ systems.
Please note that Hiber may provide links to other services, or websites that are operated and hosted by third parties who may have their own information collection practices. Those other services and websites are governed by their own privacy policies, which may be substantially different from Hiber’ policies. Visitors to other services and websites are encouraged to review the privacy policies and information collection practices of those websites.
- Your Choices and Controls
You have the following rights regarding your Personal Data:
The right to request access – You may request access to processed Personal Data. This includes confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
- the purposes of the processing;
- the categories of Personal Data concerned;
- the recipients or categories of recipient to whom the Personal Data have been or will be disclosed, in particular recipients in third countries or international organizations;
- where possible, the envisaged period for which the personal data will be stored or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the Personal Data are not collected from you, any available information as to the source;
Where Personal Data are transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
You shall be provided a copy of the Personal Data undergoing processing. For any further copies requested, we may charge a reasonable fee based on administrative costs. Where you make the request by electronic means, and unless otherwise requested by you, the information shall be provided in a commonly used electronic form. The right to obtain a copy shall not adversely affect the rights and freedoms of others. Please note that the access may be restricted due to intellectual property or trade secrets.
The right to object – You have the right to object to the Personal Data processing on grounds relating to your particular situation when the data are processed. In this case, we will cease the processing unless there are compelling legitimate grounds for the processing which override your interests, rights and freedoms or if the processing is necessary for the establishment, exercise or defense of legal claims. You have the right to object to our processing of your Personal Data for direct marketing purposes at any time. We will cease the processing of your Personal Data for this purpose after the objection. Please note that if you exercise this right, your user license to use the service and related services will cease automatically.
Right of correction and erasure – You have the right to have inaccurate Personal Data rectified.
You have the right to have your Personal Data erased where one of the following grounds applies:
Please note that your right to erasure may be limited if the data are necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims.
- The Personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed,
- if you have withdrawn your consent and there are no other legal grounds for the processing,
- if you have objected to the processing and there are no overriding legitimate grounds for the processing,
- the personal data have to be erased for compliance with a legal obligation,
- the personal data have been unlawfully processed or,
- the personal data have been collected in relation to the offer of information society services.
The right to restriction – If you have the right to restriction, we will only process your Personal Data with your consent or for the establishment, exercise, or defense of a legal claim or to protect a person or important grounds of public interest.
The right to withdraw consent – If we have asked for your consent to our processing of your Personal Data, you have the right to withdraw your consent at any time. If you withdraw your consent, we will cease processing of the Personal Data for which you have withdrawn consent, unless we have a legal obligation to keep some or parts of your data. Please note that if you withdraw your consent, your right to access the service will cease automatically. The withdrawal of your consent does not affect the lawfulness of processing based on your consent before its withdrawal.
The right to data portability – You have the right to receive your Personal Data that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance if the processing is based on consent or contract performance.
Changing or Removing Account Information – Access and control over most Personal Data on the service is readily available through the profile editing tools on the web page or the gaming platforms. End Users may modify or delete any or all of their profile information at any time by logging into their accounts. Information will be updated as soon as possible. End Users who wish to deactivate their account may do so in their account profile within the App. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to other End Users or users of the service. You cannot however remove communications made in any communication features on the service, which might have been shared with other End Users (for example sending personal messages to another End Users).
If you wish to invoke any of the rights described above, you may contact us at any time by emailing us at email@example.com. We will process and answer your requests without undue delay and in any event within one month of our receipt of the request unless a longer period is required due to the complexity of the request. In this case, our response time can be up to three months.
Disputes between you and Hiber
OUR GOAL IS TO RESOLVE DISPUTES FAIRLY AND QUICKLY. FOR ALL DISPUTES AGAINST HIBER, YOU AGREE TO FIRST CONTACT HIBER AND TRY TO RESOLVE THE DISPUTE INFORMALLY BY SENDING A WRITTEN NOTICE OF THE CLAIM (“NOTICE”) TO HIBER. THE NOTICE TO HIBER MUST BE SENT VIA REGISTERED LETTER TO THE ADDRESS LISTED IN SECTION 17 BELOW OR BY EMAIL WITH CONFIRMATION OF RECEIPT. THE NOTICE MUST (A) INCLUDE YOUR NAME, YOUR RESIDENTIAL ADDRESS AND E-MAIL ADDRESS AND / OR MOBILE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT REGISTERED WITH HIBER AND/OR THE PLATFORM/SERVICE PROVIDER; (B) DESCRIBE THE TYPE AND REASON FOR THE CLAIM; AND (C) SPECIFY THE SPECIFIC COMPENSATION SOUGHT, IF ANY. IF YOU AND HIBER CANNOT AGREE ON A SOLUTION TO THE DISPUTE WITHIN 60 DAYS OF RECEIVING SUCH A NOTICE, EITHER PARTY MAY INITIATE LEGAL PROCEEDINGS IN ACCORDANCE WITH SECTIONS 12-15 BELOW.
- USER DISPUTES
You are solely responsible for your interactions with other users of the service. We reserve the right, but have no obligation, to monitor disputes between you and other users, and to take any and all actions we may deem necessary, appropriate, or in the best interests of the Company, or for maintaining trust and safety.
If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
The right to refrain from arbitration. You may choose to waive this arbitration term. Then neither you nor Hiber can demand that the other party take part in arbitration proceedings. In order to refrain, you must inform Hiber in writing about this within 30 days of obtaining notice of this Arbitration section. You must provide the name and address, the e-mail address associated with your account (if you have one) and clear wording that you want to waive the arbitration terms. All requests to refrain from arbitration must be sent to: Hiber, Polstjärnegatan 14, 41756 Gothenburg, Sweden and marked “Waiver of Arbitration”. If you do not waive this arbitration section it will continue to apply to you.
3. CLASS ACTION WAIVER
YOU AGREE THAT ANY AND ALL CLAIMS MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
5. GOVERNING LAW, DISPUTES
417 56 Gothenburg, Sweden
Last Updated: June 2, 2021