Legal

General Terms & Conditions for Shower Sale Agreements

These general terms and conditions of sale shall apply to all sale agreements concluded between purchasers of product(s) (“Customers”) from Orbital Systems AB or any of its subsidiaries or affiliates (“Orbital”). The objects which Orbital shall deliver are in these conditions referred to as the “Products”.

1. Nature of Agreement

1.1 These general terms and conditions together with the relevant Orbital sales order form completed by the Customer (“Order”) forms “the Agreement”, when accepted by Orbital.

1.2 The Agreement specifies the terms and conditions under which Orbital will provide the Customer with Products, and, if so agreed, installation and other services as further described and specified in the Order.

1.3 Upon any conflict between these documents, the Order shall have precedence over these general terms and conditions. These general terms and conditions shall have precedence over any other purchase request, or the like, made by the Customer. Any other terms or conditions shall not apply (even if the Customer makes reference to such terms and conditions and Orbital does not expressly dispute them). Deviations shall only be binding on Orbital if they are expressly accepted by Orbital in writing.

1.4 Information in marketing material, price lists or other product information are binding on Orbital only to the extent such information is expressly referred to in the Order. Upon any conflict between these documents, the Order shall have precedence over any information in such marketing materials etc. referred to.

1.5 The Order is based and relies on the information provided by the Customer, inter alia regarding the Customer’s previous water and energy consumption and needs. If any such information provided by the Customer is incorrect in any material way, Orbital may at its own discretion make reasonable adjustments to the Products delivered/to be delivered (including any corresponding adjustments to the prices) in order to meet the correct Customer requirements.

1.6 Offers by Orbital are non-binding. An order to purchase Products by the Customer is not binding on Orbital unless accepted by Orbital.

2. Prices

2.1 The Customer shall pay the prices and reimbursement for expenses to Orbital in accordance with what is stated in the Order.

2.2 The price of the Product, delivery fees and (if applicable) installation and maintenance services shall be the price set out in the Order. All prices mentioned are inclusive of VAT. The prices do not include any costs for pre-planning, design work, piping, general plumbing or electricity installations, as any such measures and work are to be carried out by the Customer.

2.3 If the parties have agreed, in accordance with Section 8 below, that Orbital shall perform any kind of maintenance services in relation to the Products, such service shall be provided on a time and materials basis and shall be charged as set out in Clause 8.2.

3. Payment

3.1 The Order contains the Customer’s choice of payment method. Unless otherwise agreed, payments shall be made within thirty (30) days from the date of an invoice from Orbital.

3.2 Notwithstanding Clause 3.1 and unless otherwise agreed in writing, any subscription of Products (e.g. filter capsules) under Section 7 shall be charged at shipping of such Products.

3.3 Notwithstanding Clause 3.2 and unless otherwise agreed in writing, any services provided under Section 8 shall be charged after the performance of such services, unless otherwise agreed in writing.

3.4 If the Customer fails to pay by the stipulated date, Orbital shall be entitled to interest from the day on which payment was due in accordance with the Swedish Interest Act (1975:635). In case of late payment, Orbital may, after having notified the Customer in writing, suspend its performance of the Agreement until Orbital receives payment.

3.5 If the Customer has not paid any amount due within three months, Orbital shall be entitled to terminate the Agreement by notice in writing to the Customer and to claim compensation for the loss incurred by Orbital.

4. Delivery and Delay

4.1 The Order sets out the Products to be delivered, the time schedule for delivery, shipping fee and any other undertakings by the Parties.

4.2 Unless otherwise agreed in writing, the Products will be delivered by Orbital or Orbital’s partner to the delivery address stated in the Order.

4.3 If Orbital anticipates that it will not be able to deliver the Products in accordance with the delivery times according to an agreed time schedule, Orbital shall notify the Customer thereof, stating the reason and if possible, the time when delivery can be expected. Orbital shall have the right to a reasonable extension of time, if the delivery is delayed for reasons not caused by Orbital or beyond the control of Orbital.

4.4 In case of delay caused by Orbital or by reasons controlled by Orbital, Orbital shall take all commercially reasonable measures to deliver the Products to the Customer in accordance with the agreed time schedule. Orbital and the Customer shall jointly determine the required corrective action necessary to meet the outstanding delivery dates specified in the time schedule.

4.5 If Orbital is unable due to any conditions within Orbital’s control, to deliver the Products in accordance with the delivery time specified for such Products, the Customer may by notice in writing terminate the Agreement without penalty if the delay is of significant importance for the Costumer or demand delivery within a final reasonable period which shall not be less than four weeks. If Orbital does not deliver within such final period and this is not due to any circumstance for which the Customer is responsible, then the Customer may by notice in writing to Orbital terminate the Agreement. If the Customer terminates the Agreement Orbital will refund the amount which the Costumer has already paid as soon as possible but no later than 14 days after dissolution and the Customer shall also be entitled to compensation for costs suffered by the Customer due to Orbital’s delay in delivery.

4.6 If delay in delivery is caused by the Customer, a subcontractor assigned by the Customer or due to any conditions within the Customer’s control, including suspension under Clause 3.5, Orbital is entitled to postpone the delivery of the Products to a reasonable date. In this situation Orbital shall be entitled to compensation for all direct costs caused by the delay and to receive interest in accordance with law from the agreed day of delivery until the new day of delivery. If the delay lasts for more than three (3) months Orbital shall be entitled by written notice to terminate the Agreement. This provision applies regardless of whether the reason for the delay occurs before or after the agreed time for delivery.

4.7 If the Customer finds that it will be unable to accept delivery of the Products on the agreed date, or if delay on its part seems likely, the Customer shall without undue delay notify Orbital thereof in writing stating the reason for the delay and, if possible, the time when the Customer will be able to accept delivery.

4.8 If the Customer fails to accept delivery on time, Orbital may in writing demand the Customer to accept delivery within a reasonable period. If the Customer fails to accept delivery within such period and this is not due to any circumstance for which Orbital is responsible, Orbital may, by written notice to the Customer, terminate the Agreement in respect of that part of the Products which is ready for delivery but has not been delivered due to the Customer’s default. In case of such termination, Orbital shall be entitled to compensation for the direct loss it suffers due to the Customer’s default.

5. Preparation and Installation

5.1 Unless otherwise agreed in writing, installation of Products shall be performed by Orbital, or a service provider designated by Orbital. The Customer shall, on its own risk and expense, carry out agreed preparations and take other steps necessary for the installation and use of the Products, such as obtaining building and use permissions, pre-planning, design work, piping, general plumbing or electricity installations, in accordance with any applicable legislation as well as Orbital’s instructions. Such instructions and installation requirements shall be provided by Orbital in good time prior to installation. General installation requirements are available on Orbital’s website.

5.2 Orbital and the Customer shall provide each other with information on preparations made and other details relevant to the installation of the Products.

5.3 Orbital or Orbital’s partner, shall carry out installation of the Products at agreed premises and in accordance with high professional standards.

5.4 If the Customer anticipates that it will be unable to carry out in time its obligations necessary for the completion of the installation of the Products, including complying with the conditions set out in Clause 5.1 above, the Customer shall forthwith notify Orbital in writing, stating the reason and, if possible, the time when the Customer will be able to comply with its obligations.

5.5 If the Customer fails to fulfill, correctly and in time, its obligations necessary for the completion of the installation of the Products, including to comply with the conditions set out in Clause 5.1 above, the following shall apply:

a) Orbital may, after having notified the Customer in writing, suspend its performance of the Agreement in whole or in part. The Customer shall reimburse Orbital for any costs which are reasonable incurred by Orbital as a result of such suspension.

b) If performance of the Agreement is delayed by the Customer’s default, the Customer shall nevertheless pay any additional costs incurred by Orbital as a result of the delay.

5.6 If Orbital and the Customer have agreed in writing that the Customer shall be responsible for the installation of the Products, the above provisions in this Section 5 shall not apply. Instead, the Customer shall install the Products in accordance with any instructions provided by Orbital.

6. Retention of Title

The Products shall remain the property of Orbital until paid for in full, to the extent that such retention of title is valid under applicable law.

7. Subscription

7.1 The Order sets out any Products (such as filter capsules and cleaning tablets) to be delivered on a subscription basis (“Subscription Products”).

7.2 Unless otherwise agreed in writing, any Subscription Products shall be delivered and charged according to the payment method chosen in the Agreement. on a quarterly basis.

7.3 Unless otherwise agreed in writing, the provision of Subscription Products shall be on a two (2) year term. At the end of that initial term, or any subsequent term thereof pursuant to a renewal under this Clause, the subscription shall be automatically renewed for successive periods of 12 months unless terminated by either of the Parties giving written notice to that effect to the other Party not later than three months prior to the expiry of the relevant term.

7.4 Based on the calculations of the Customer’s use after the installation of the Products, Orbital may propose adjustments to the number of Subscription Products and/or frequency of delivery for the optimal use of the Products. Customer shall be free to accept or decline such proposals. If such a proposal is accepted it shall enter into effect on the subsequent date for delivery of Subscription Products according to the agreed new schedule.

8. Service

8.1 If Orbital and the Customer have agreed that Orbital or Orbital’s designated service partner shall perform any kind of service or maintenance in relation to the Products (“Service”), the provisions set out in these general terms and conditions shall apply with the necessary changes in respect of such Service, in which case any reference to “Products” shall be deemed to include “Service”.

8.2 Notwithstanding what is set out in Clause 8.1 above, the following shall apply in respect of Service:

a) Service shall be provided on a time and materials basis
and shall be charged for in accordance with Orbital’s
price list applicable from time to time (as may be
indicated in the Order).

b) In addition to remuneration in accordance with
Orbital’s price list, Orbital shall be entitled to
compensation for travelling and subsistence expenses
and for other expenses and disbursements on which the
parties have agreed.

c) Orbital’s warranty for defects in the provided Services is
limited to defects which appear within a period of six
(6) months after the Service was carried out (and
otherwise in accordance with Section 9 below).

8.3 If the parties have agreed in writing on any specific conditions in relation to the Service, such specific conditions shall take precedence.

9. Warranty and Liability for Defects

9.1 Subject to the limitations set forth in these general terms and conditions, Orbital warrants that the Products delivered by Orbital shall be free from defects in design, materials and workmanship. Pursuant to the provisions of this Section 9, Orbital shall remedy any defect resulting from faulty design, materials or workmanship. For the avoidance of doubt, normal need of replacement of consumables, such as filter capsules and other Subscription Products, shall not constitute defects, see Section 9.8 below for more information on consumables that fall outside the scope of this warranty). Save as stipulated in this Section 9, Orbital shall not be liable for defects.

9.2 Orbital’s warranty under this Section 9 covers defects which appear within a period of two (2) years from delivery of the Products.

9.3 Orbital’s warranty does not cover:

(i) defects arising out of materials provided by, or a design stipulated or specified by the Customer,

(ii) defects which appear under conditions of operation not provided for in the Order and under improper use of the Products, and

(iii) defects caused by faulty installation, maintenance, incorrect erection or faulty repair by the Customer, including any work performed by non-certified service providers engaged by the Customer, or by alterations carried out without Orbital’s consent in writing.

9.4 The Customer shall without undue delay notify Orbital in writing of any defect which appears. Such notice shall be given within a reasonable time, no later than two (2) months after such defect has been noticed by the Customer and never later than one (1) month after the expiry of the period set out in Clause 9.2. The notice shall contain a description of the defect. If the Customer fails to notify Orbital in writing of a defect within the time limits set forth above, the Customer loses its right to have the defect remedied under this warranty and to make any claim in respect of the defect.

9.5 Upon receipt of a notice from the Customer in accordance with Clause 9.4 Orbital shall promptly, and free of charge to the Customer either provide services in order to remedy the defect, replace the defective Products or, at Orbital’s sole option, repay the price for the defective Products or grant the Customer a reduction of the purchase price in proportion to the defective Products. However, if Customer claims breach of warranty and a defect, for which Orbital is not liable under this Section 9, Orbital shall be entitled to compensation for the work and cost incurred as a result of the notice.

9.6 Orbital shall only be liable for breaches of warranty which have material and adverse impact on the Customer’s use of the Products. Orbital’s warranty under this Section 9 is conditional on the Customer’s full and timely payment according to this Agreement.

9.7 Customer shall give Orbital timely access to all premises, equipment, systems or the like, as maybe required, according to Orbital’s reasonable opinion, for the performance of Orbital’s warranty undertakings. The Customer shall provide Orbital with the correct information which may be required, according to Orbital’s reasonable opinion, for the performance of Orbital’s undertakings. The Customer shall be liable for any defect or deficiency in equipment, systems, information or the like provided to Orbital by the Customer. The warranty in this Section 9 and any other obligation for Orbital under the Agreement is conditional on the Customer’s compliance with this Clause 9.7.

9.8 The following components are regarded as consumables and must be replaced when they have been consumed in order for the Product to function correctly:

• Filter Capsules
• UV Filter (UV Lamp + Quartz glass)
• Cleaning tablet

The life expectancy for the consumables are dependent on a number of factors such as product usage and local conditions (e.g. water hardness). As a general outline the following rough life expectancies for the respective consumables can be expected:

• Filter capsules – should at least be replaced after (i) 200 shower sessions, or (ii) 6 months, whichever of the two is the sooner.

• UV Filter – should be cleaned or replaced once a year.

• Cleaning tablet – Cleaning frequency is communicated through the app and/or operators' panel.

The filter capsules will be delivered by Orbital or a certified Orbital partner in accordance with planned filter consummation (see further above in Section 7 Subscription). Other consumables may be offered to be included in the Subscription.

9.9 Additional consumables can be ordered directly from Orbital or from one of our certified partners. The usage of components that are not original components may result in error in the functioning of the Product, which are not covered by Orbital’s warranty.

9.10 The above warranty in this Section 9 is Orbital’s only warranty and no other warranty or condition, express or implied, will apply.

9.11 In addition to this product warranty, additional rights may be available to the Customer based on applicable consumer law.

10. Product Liability

10.1 Orbital is liable for personal injury or property damage caused by the Products if and to the extent Orbital is found liable under Swedish mandatory product liability law.

10.2 The Customer shall immediately inform Orbital of any and all claims from a third party relating to injury or damage caused by the Products or circumstances which may lead to such a claim. The Customer shall give Orbital the right to conduct negotiations of any such claim and defense any legal proceedings regarding such claims. The Customer may not settle any product liability claims with a third party without Orbital’s written consent.

11. Intellectual Property Rights

11.1 Any and all Intellectual Property Rights in or arising out of or in connection with the Products are the exclusive property of Orbital. Orbital retains all such rights to the Products even when such Products have been produced specially for the Customer.

11.2 The term “Intellectual Property Rights” includes, but is not limited to, all patents, rights to inventions, copyright, trademarks, knowhow and trade secrets, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

12. Limitations of Liability

12.1 There shall be no liability for either party towards the other party for loss of production, loss of profit, loss of use, loss of contracts or for any other consequential or indirect loss whatsoever, except to the extent provided for by applicable law.

13. Termination

13.1 This Agreement can be terminated by giving the other party one month’s notice thereof.

13.2 In the event of termination or cancellation of the Agreement, Orbital shall be entitled to receive payment for Products actually delivered.

14. Right of Withdrawal

14.1 In the event of a purchase, the Costumer has the possibility to dissolve the Agreement for 14 days without giving any reason. This period commences on the day following receipt of all Products by the Costumer or a by the Costumer announced representative.

14.2 During the reflection period, the Costumer shall handle the Products and the packaging with care. The Costumer will only unpack or use the product to the extent necessary in order to assess whether the Costumer wishes to keep the product. If the Costumer exercises its right of withdrawal, the Costumer will have the product and if reasonably possible in the original condition and packaging returned to Orbital, in accordance with the reasonable and clear instructions provided by Orbital.

14.3 If the Costumer wants to use its right of withdrawal the Costumer is obliged to make this known to Orbital within 14 days of receipt of all the Products. The Costumer can do this by emailing contact@orbital-systems.com After the Costumer expressed wanting to make use of the right of withdrawal, the Costumer shall return the Products within 14 days to Orbital. The Costumer must prove that the Products are returned in a timely manner, for example by means of a proof of mail delivery.

14.4 If the Costumer at the end of the statutory period in Clause 14.2 and 14.3 has not expressed to want to make use of the right of withdrawal or the Products has not been returned to Orbital, the sale is a fact.

14.5 If the Costumer exercises the right of withdrawal, the costs of return are entirely for the account of the Costumer.

14.6 If the Costumer has paid an amount, Orbital shall ensure that within 14 days after the Costumer expressed wanting to make use of its right, the full amount is refunded to the Costumer. The Costumer must prove that the delivered goods are returned, for example by means of a proof of mail delivery.

15. Miscellaneous

15.1 This Agreement contains the entire agreement between the Parties with respect to the subject matter of the Project, and supersedes all previous and contemporaneous negotiations and understandings between the Parties in relation thereto, whether written or oral.

15.2 No term of this Agreement may be amended except upon written agreement making specific reference to this Agreement, and signed duly by both parties.

15.3 A Party’s waiver of any of its rights or remedies under this Agreement must be in writing and duly executed by it. No single or partial waiver of any such right or remedy shall preclude any other or further exercise of that or any other such right or remedy.

15.4 If any provision of the Agreement is declared invalid or unenforceable by a court or other body of competent jurisdiction, the validity of the remaining provisions shall not be affected.

16. Orbital Systems Contact Information

ORBITAL SYSTEMS AB
Swedish registration number: 556902-4671
Hans Michelsensgatan 10A, 211 20 Malmö, Sweden.
support@orbital-systems.com

17. Applicable Law

17.1 The Agreement shall be governed by Swedish law.

Orbital Shower Pre Order Agreement

This Orbital Shower Pre Order Agreement (the “Agreement”) between you as a consumer and Swedish legal entity Orbital Systems AB (Orbital, we or us), is for your pre order of an Orbital Shower from us. As we launch the sale of the Orbital Shower system in your geographical region, we will contact you to formally place your order.

1. Reservation

By entering into this Agreement, you reserve the right to order an Orbital Shower for private use by us when we launch the Orbital Shower for sale in your country, and will be provided a pre order sequence position. This Agreement does not constitute the sale of any product.

2. Non-Binding Pre Order Payment

The Pre Order Payment is fully refundable at any time (for example, if you choose to cancel or abandon your pre order, or if we decline to launch in your country). This Agreement does not constitute an agreement for the sale of an Orbital Shower or any other product and does not lock in pricing, a production slot, or an estimated delivery date. You are under no obligation to purchase a product from us, and we are under no obligation to sell you any product. If and when we notify you that it is time to place your order and you wish to proceed with the purchase of such a product, such sale and purchase will be governed by a separate and legally binding Purchase Agreement between you and an us, or one of our affiliates or partners.

3. Effective Date; Reservation Process

This Agreement becomes effective when we have received both your: (1) confirmation of the content of this Agreement and (2) Pre Order Payment in the amount and form stated in the Payment Instructions provided to you during the Pre Order process. You may execute this Agreement by either: (i) acknowledging and accepting this Agreement online or; (ii) submitting a signed Agreement to a us. You may make your Reservation Payment by the means described in the Payment Instructions. Once this Agreement becomes effective, you will be placed on the Orbital Shower pre order list in your country and will receive communications about the product and about us.

4. Order Process

When the launch of Orbital Shower for your region nears, we provide you with any necessary additional information and ask you to confirm your intent to purchase the product, configure options and provide us with the necessary details to enter into our Purchase Agreement. The current version of the Purchase Agreement, which can be updated at our convenience, can be found here.
If you wish to proceed to purchase your Orbital Shower/s, you will have to enter into the Purchase Agreement and comply it, meaning that you will have to pay the full purchase price for the product and provide us with the necessary shipping information etc. Please notice that taxes, duties, transport and delivery charges, and any other applicable fees may vary from country to country and cannot fully be anticipated until we have launched in your country, and can therefore be added to the total price when you place your product order. At the time you enter into the Purchase Agreement, your Pre Order Payment will be deducted from the total price of the Orbital Shower purchase price. These procedures may be subject to change.

5. Purchase Price

While we strive to offer the Orbital Shower to the same purchase price as when you make your non-binding Pre Order Payment, the final purchase price may vary from region to region due to taxes, duty and other charges and is subject to change until agreed upon in an executed Purchase Agreement.

6. Deferral and Non-Transferability

If you don’t want to enter into a Purchase Agreement at the time that you are contacted by us with information about the Orbital Shower launch in your country, you have the option to relinquish your pre order sequence position and defer to a later position to be determined by us (only one deferral is permitted). If you do not communicate your decision to us within thirty (30) days of notification to place your order, you will automatically be granted your one deferral and we will defer your reservation position. This Agreement is not transferable or assignable to another party without the prior written approval of Orbital. If you instead communicate that you don’t want to enter into a Purchase Agreement at all, you will be removed from your pre order sequence position and your Pre Order Payment will be refunded. Please note that it may be difficult for us to refund your Pre Order Payment if you don’t respond to our communication or notifications.

7. Priority

We will establish your pre order sequence position in your country in our sole discretion. We may decline pre orders to avoid over-subscription or as we deem appropriate in our sole discretion. If your pre order is declined or we decide to cancel your pre order, you will be notified and your Pre Order Payment will be refunded.

8. Your Personal Data

From time to time we will ask you to provide information so that we can perform our obligations under this Agreement. We will maintain and process your personal data in accordance with our Privacy Policy, which is available here.

9. Limitation of Liability

To the maximum extent permitted by applicable law, we make no warranty of any kind in connection with this Agreement or its subject matter. Under no circumstances will we be held liable for any direct, indirect or consequential loss or damage under any statute or law or otherwise arising out of our breach of this Agreement. If we are held liable for any damages related to your pre order or this Agreement, your sole and exclusive remedy will be limited to reimbursement of the Pre Order Payment paid to and held by us.

10. Acknowledgments

You understand that Orbital may not have completed the development of the Orbital Shower that will be marketed and sold in your country. You also acknowledge that, if you pre order an Orbital Shower , it may not be delivered to you until Q3 2020 or later. You also agree that we will not hold your Pre Order Payment separately or in an escrow or trust fund or pay any interest on Pre Order Payments.

11. Governing Law and Jurisdiction

This Agreement is governed by the laws of Sweden, without regard to its conflict of laws provisions. The English version of this Agreement shall govern to the extent not prohibited by law in your jurisdiction.

COOKIES AND DATA COLLECTION

When you visit www.orbital-systems.com or otherwise use our services, we may use cookies, pixel tags, analytics tools, and other similar technologies to help provide and improve our website, as explained below.

What Is a Cookie?

Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on our website, pages visited, language preferences, and other web traffic data.

What do we use Cookies for?

We, and our service providers, use this information for security purposes, to facilitate online navigation, to display information more effectively, to personalise your experience while using our website, and to otherwise analyze user activity. We can recognize and remember your computer to assist your use of the website.
We also gather statistics about the usage of the website in order to improve the design and functionality, understand how the website is used, and assist us with resolving questions regarding our services.
We use both session cookies (which are deleted when you close your browser) and persistent cookies (which remain stored on the device either for a defined period of time or until you remove them). The types of cookies we use and the purposes for which we use them are described in the table below:

Pixel tags

We may also use Pixel tags, also known as web beacons or clear GIFs in connection to the website. These will, among other things, track the actions of users of the website (including e-mail recipients), measure the success of our marketing campaigns, and compile statistics about usage of the website and response rates.
We use Facebook, Twitter and Linkedin Insight Pixel to retarget users we think could be interested in our products and services.
We use Google Ads to tailor our marketing to better suit your needs and only display ads that are relevant to you based on what parts of the TriggerApp website you have viewed by placing a cookie on your machine.
We embed videos from our official YouTube channel (https://www.youtube.com/channel/UCZirzAA1ny_wtizvK3oUq2g) using YouTube’s privacy-enhanced mode. This mode may set cookies on your computer once you click on the YouTube video player, but YouTube will not store personally-identifiable cookie information for playbacks of embedded videos using the privacy-enhanced mode. Read more at YouTube’s embedding videos information page: https://support.google.com/youtube/answer/171780?hl=en-GB

Analytics Tools

We use website and application analytics services provided by third party vendors that use cookies and other similar technologies to collect information about website or application use and to report trends, without identifying individual visitors. The third party vendors that provide us with these services may also collect information about your use of third-party websites.
You can learn about Google’s practices in connection with this information collection and how to opt out of it by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout .

Managing your Cookie and other settings

If you do not want information collected through the use of cookies when using our website after you accepted , there is a simple procedure in most browsers that allows you to automatically decline cookies or gives you the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site.
However, if you do not accept these cookies, you may experience some inconvenience in your use of our website.
Your mobile device also offers useful settings – Limit Add Tracking on iOS devices and Opt Out of Interest-based Ads on Android devices – that allow you to restrict the use of data concerning your app use for the purpose of targeting advertisements based on your interests.

ORBITAL SYSTEM S’ PRIVACY POLICY

October 9, 2019 (ver. 2.0)
We at ORBITAL SYSTEMS (“Orbital”) consider security and integrity to be part of our company DNA. It’s our obligation as controller of our customers’ personal data to inform our customers, both prospects and purchasing, about how and why we process their personal data. We commit to respect the personal data of individuals in the same manner as we respect individuals themselves, be they our employees, customers, vendors or any other party that we interact with.
THE PERSONAL DATA & HOW WE MANAGE IT

The data we collect

We process personal data in respect of two categories of data subjects, namely, prospect customers and buying customers. Also, we collect two different types of data, namely;

• Customer data. Customer data is the data you provide us with when signing up on the waiting list or that is connected to your account and any other data created due to your use of our product and services, e.g. invoice data etc.

 
The customer data is collected by us when:

• you communicate with us during the process of becoming a customer, for example when you contact us via e-mail for information or sign up for our newsletter or waiting lists;
• you sign up to our services in app or web;
• you visit our website as we collect cookies (See our Cookie policy on page 7)

• Shower data. Shower data is the data produced by the product that we supplied you when in use. The shower data is only technical and does not include any personal data of any sort, meaning that we cannot see who used the product when, just that it was used.

Shower data enables us to deliver notifications and statistics to you via web or/and app. Also, the data may be used for development purposes to help us improve the product. As well as for marketing, sales and business decision purposes. For example, we will aggregate behaviour data (of the product) to help us study shower habits. We may publish these trends. Note that shower data does not contain information about you. This is data about filter status, sensors, temperature etc. This is specific for the units we provide, and not considered personal data.

How long we save your data

We never save data longer than we need. Some data is discarded directly, others are stored for a long time depending on the data and our legal requirements.
For example, a buying customer’s personal data is saved no longer than 24 months after the termination of the contract. Exceptions do apply to such information that must be stored by law, e.g. the Swedish Accounting Act (Sw: Bokföringslagen).
Personal data is also saved for billing purposes. In the case of unpaid invoices, the personal data is saved until the claim is settled. When the invoice is paid, the data is deleted after 24 months if not required by law that it is stored for a longer period.
Please see the tables below for more detailed information. Do note that we will not process your personal data for any other purposes than listed below. If additional processing would be needed, we will inform you and ask for further consent or explain on what legal basis we process your personal data.

The two categories of data subject

Prospect customers
We collect data about you when you sign up on our waiting list to purchase one of our products to contact you when we launch in your country, share news and updates, and/or let you know when the product you are interested in is in stock.

 
Customers
We collect data about you when you sign up as a customer and use our services. The data is collected to fulfil our obligations under the agreement with you, give you a good experience and improve our services.

Processing your personal data

Certain data processing is based on your approval, so-called consent. If the processing is based on consent, you can always decide not to agree to certain processing activities or purposes, and you can withdraw your consent at any time.
Note: In order to provide services and products, we need to process and manage your data. You are not obliged to submit your data to us. If you choose not to do so, it is not certain that we can provide all of our products and services to you.

Sharing data with other companies

We share your data with a number of partners in order to provide our services to you. Orbital also uses databases and software suppliers to handle communication with you in the best possible manner. We always enter into a binding agreement with all external parties that includes a duty of confidentiality and require them to comply with the requirements of applicable legislation regarding processing and transfer of personal data. In this way, we guarantee the security and confidentiality of your personal data.

Transfering data EU, EES, third country

Orbital may transfer your personal data to countries outside the EU/EEA in order to provide our services to you. Any such transfer will always be done in a secure and legal manner. Orbital may transfer your personal data to such countries only when we have entered into an agreement with another company and the agreement includes either so called Binding Corporate Rules or Standard Contractual Clauses which comply with EU Commission guidelines, or when the country that we transfer your personal data to has been approved by the EU Commission to have an adequate level of protection.

How we protect data

Security of data comes first in everything we do. Security features are built into all of our products, services, and infrastructure to keep data protected at every layer. We invest in teams and technology to continually improve that security, protecting not only our operations, but your business and data as well.
In the unlikely event that we lose control of your personal data and this data is of a sensitive nature we will inform you without undue delay, and no later than 72 hours after we have become aware of the incident.

You control your data

It is our obligation to only process personal data which are correct, relevant and necessary with regards to the purposes of the processing, and you are entitled to control that this is the case. Orbital is responsible for that your personal data is processed in accordance with existing legislation.
We will, on your request or on our own initiative, correct, de-identify, erase or complement data which are detected to be inaccurate, incomplete or misleading.
You as an individual have a number of rights under existing legislation. You have the right to:

• Gain access to your personal data.
• We will, on your request, provide information regarding which of your personal data we are processing as quickly as possible.
• You are also entitled to obtain a copy of the personal data which is being processed.
• Orbital may refuse you access to the personal data if your request is manifestly unfounded, clearly abusive or if the personal data cannot be disclosed by access due to requirements in other legislation.
• The register with your personal data will be provided free of charge. However, Orbital has the right to charge a reasonable fee for administrative costs arising out of request of additional copies or if the request is manifestly unfounded or clearly abusive.

• Demand rectification of your personal data.
• We will, on your request, rectify the inaccurate or incomplete information that we are processing about you as quickly as possible.

• Demand erasure of your personal data.
• We will erase your personal data on your request as quickly as possible from when we received your message if they are no longer necessary for the purpose for which they were collected or if the processing was based on your consent.
• Please note that we cannot erase your personal data if we still have a legal basis for continuing the processing. If that is the case, we will cease with the processing of the personal data that is possible to erase and is corresponding to your request and inform you of the legal basis and the relevant purpose of the continued processing.

• Demand limitation of processing.
• You have a right to mark your personal data in order for it to only be processed for certain limited purposes. You can inter alia demand limitation when you consider that your personal data are inaccurate, and you have demanded rectification according to the above. Whilst the time when the personal data’s correctness is investigated, the processing of it will be limited.
• We will inform you if the investigation results in that the processing shall be limited. We will make sure that necessary rectifications or erasure of personal data and limitation of processing of personal data also is made by the companies to which Orbital have disclosed your personal data.

• Demand data portability.
• You have a right to, under certain circumstances, receive and transmit your personal data in a structured, commonly used and machine-readable format to another controller. Contact us if you wish to know more!

• Object to processing of personal data which is being done with the support of a balancing test.
• You can object to the processing if it is based on a balancing of interest test. If you object to such processing, we will only continue to process your personal data if there are eligible reasons to the processing which outweighs your interest. We will inform you of the reasons if that is the case.

• Demand that we cease to process your personal data for direct marketing.
• You always have a right to object against direct marketing by sending an e-mail to contact@orbital-systems.com When we have received your objection, we will cease to process the personal data for such marketing purpose.

• Complain on our processing of your personal data and compliance with the law to the Swedish Data Protection Authority.
• You are entitled to complain on the processing that we perform on your personal data to the Data Protection Authority if you think that we are in breach of the Privacy Policy, do not fulfil your rights or in any other way are acting contrary to existing law.

If you wish to make use of any of your rights above, please feel free to contact us. Our contact details can be found below.

Changes in privacy policy

Sometimes we may come to do changes in the privacy policy. We will send you a message if we do major changes by use of appropriate means, e.g. by sending a message by e-mail, inform via a pop-up in the app/on the web, or send a SMS message to you.
In some event, we will inform you in advance, and your continued use of the webpage and/or app after the changes will constitute your acceptance of the changes. Therefore, we kindly advise you to ensure that you read all such messages carefully.

Contact details

Thank you for reading our Privacy Policy. If you have any questions you are most welcome to contact us!

ORBITAL SYSTEMS
Östergatan 32
211 22 Malmö
Sweden

Phone no. +4640 619 55 50
E-mail address: contact@orbital-systems.com