Terms of Use of Borigo
These terms make up the agreement between your (housing) association and us, when the association is created in Borigo.
1.
Basic Information
Borigo is a modern web-based communications platform specifically for the use as an intranet in various homes communities like homeowner associations, apartment buildings, dormitories etc. You access it by logging in from borigo.com or the app Borigo.
Borigo is developed and published by:
Borigo ApS
Venoegade 11, 1. tv
2100 Copenhagen East
DENMARK

Business registry number: DK-32354750
Email: info@borigo.com
Website: www.borigo.com
2.
What You Get
Your association receives access to use Borigo.
We make the platform available as is, but with time we will change and develop it further.
2.1 Add-Ons on Demand
Borigo is made available along with some add-ons. Depending on your needs, you may choose among these functionalities, typically on a subscription basis. Prices will be stated on the Borigo website, within Borigo or in proposals we may make for you.
Subscriptions are automatically renewed until they are canceled by you in writing or from within Borigo.
By default you will pay us within 14 days or within the time we have agreed upon. If you fail to do so, we may block your access to the unpaid add-on until we have been paid.
A purchase is a purchase. You cannot be refunded for already paid orders.
If we ever should want to discontinue an add-on (like the Maintenance Center), we can only do so at a 3 months' written notice.
3.
Initiation, Commitment and Termination
These terms come into effect when the association is created in Borigo. You are to accept them in writing or by ticking as part of the signup procedure.
There is no minimum commitment term for you.
We may terminate your use of Borigo at a 3 months' written notice.
4.
Rights: Ours Is Ours, Yours Is Yours
We own all rights to the Borigo platform. You receive a so-called non-exclusive, non-transferable and time-limited right to use Borigo.
You own all rights to the content within your association account in Borigo. This means that everything you post or upload to Borigo is yours.
5.
Decent and Secure Handling of Your Content
All content added to your association account within Borigo is processed securely, decently and confidentiality.
5.1 We Shall Secure Borigo (Security of Processing)
We are obligated to secure Borigo and the personal data stored within your association account.
More specifically we are to take the appropriate technical and organizational security measures to ensure that information is not accidentally or unlawfully destroyed, lost or altered, disclosed for unauthorized sources, misused or otherwise processed against Danish data protection law (Persondataloven), European data protection law (GDPR) or the law of Denmark in general.
We will continually follow the established best practice related to running web and mobile applications, including using contemporary server software, encryption, backup, logging etc.
We are only responsible for security breaches that we reasonably could have secured us against or in another way prevented according to the above.
5.2 You Are Responsible for Your Content
Your content is yours. You are responsible for all content within your association account.
Specifically regarding offensive or in any other way offending content in the form of text, images, music etc. (including content infringing others' immaterial rights or in any other way being illegal) the following applies:
  • We are not obligated to monitor your association account for such content
  • In the event that such content is saved under your association account, and we are notified about it, we are obligated to notify you about it
  • We are obligated to delete such content at your instruction, but we may also delete it if we believe there are sufficient grounds to do so (among other cases at a clear violation such as nude photos)
You are obligated to keep us free of harm in any way regarding any claims that might be directed against us and/or you in relation to any of the content in your association account.
5.3 Specifically Regarding Personal Data (Data Processing Agreement)
Overall, there are two types of users in Borigo:
  1. Residents: Individuals who are or have been associated with an address in the association
  2. External people: Individuals who are not associated with an address, but who are still involved with the association, e.g. the janitor
You can store the following ordinary personal data in Borigo:
  • Name
    ,
    postal address
    ,
    email address
    ,
    phone numbers
    ,
    portrait photo
    ,
    online identities
    ,
    occupation
    ,
    about-me field
    and
    memberships of e.g. board/committees
  • Specifically for residents:
    Affiliation
    (e.g. owner/tenant),
    resident/contract number
    and
    moving dates
  • System information:
    IP address
    ,
    phone specifications
    (model etc.),
    browser
    - and
    operating system specifications
  • For online payments (if you have the add-on):
    Payment card information
    , which is further protected
5.3.1 Purpose
The purpose of having personal data in Borigo is to enable you to use Borigo to notify, communicate and administer digitally in the association including having an online, up-to-date resident directory and to administer sign-ups and reservations.
5.3.2 You Are Data Controller, We Are Data Processor
You are what Danish data protection law (Databeskyttelsesloven) and European data protection law (GDPR) refer to as data controller, while we are data processor. We act only on your instruction in line with the purpose described above.
We are obligated to assist you when you are to live up to your obligations related to your personal data in Borigo. On the one hand by making information about our security measures available to you and give you the opportunity to revise and, if needed, make inspections in order to make it clear to you that we live up to our obligations. On the other hand at a user's request of insight, your documentation of security breaches, your timely filing of security breaches or your notification of affected users. It may take up to 1 month before deleted content is completely deleted from all our systems.
We may by law be forced to transfer your personal data to someone, typically authorities. In that case we shall, if it is legal for us to do so, inform you about it.
5.3.3 Confidentiality
We shall ensure that individuals who process your personal data on our behalf have committed themselves to confidentiality.
5.3.4 Security of Processing
5.3.5 Our System Contractors (Data Sub-Processors) Notably in USA
We are entitled to use other data processors (data sub-processors) to process your personal information within the EU and outside the EU (third countries). We shall ensure that these data processors live up our obligations in this agreement, among other ways through data processing agreements with them, including ensuring the promised level of processing security. We are aware that there are raised requirements for using data processors in countries (like USA, for the moment), which are not categorized by the EU as safe countries for processing personal data from the EU. We remain directly responsible to live up to our obligations in this agreement, regardless of our use of a data processor or not.
If we want to change who we are using, or who does what, we are obligated to inform you about it and update the list of data processors below accordingly. We shall inform you at least 14 days in advance, and you shall have at least 7 days to provide us with your objections (based on reasonable, specific grounds). In an emergency, like documented outage, instability, raised security risks or the like at a data sub-processor, we may act more promptly, with shorter notice term and objection term, and substitute the relevant data sub-processor in order to ensure the stable operation of the Borigo platform and the security of your personal data in the best way possible.
Our current data processors of your personal data are:
Heroku, Inc. (Salesforce)
Hosting (platform as a service).
map markerCountry for data processing
USA / Ireland
lockCreated with Sketch.EU-approved scheme
shopping listThe company's own info
Amazon Web Services, Inc.
Hosting (infrastructure as a service).
map markerCountry for data processing
USA / Ireland
lockCreated with Sketch.EU-approved scheme
shopping listThe company's own info
Mailgun Technologies, Inc.
Sending of email.
map markerCountry for data processing
USA
lockCreated with Sketch.EU-approved scheme
shopping listThe company's own info
Stripe Payments Europe, Ltd
Online card payment.
map markerCountry for data processing
Ireland
lockCreated with Sketch.EU-approved scheme
EU-land
Airbrake Technologies, Inc.
Error logging.
map markerCountry for data processing
USA
lockCreated with Sketch.EU-approved scheme
shopping listThe company's own info
Functional Software Inc. (Sentry)
Error logging.
map markerCountry for data processing
USA
lockCreated with Sketch.EU-approved scheme
shopping listThe company's own info
Papertrail, Inc.
Log management.
map markerCountry for data processing
USA
lockCreated with Sketch.EU-approved scheme
shopping listThe company's own info
5.4 We May Make and Publish Anonymous Analyses
We may look at the general use of Borigo and develop anonymous analyses, which do not involve your content (only use patterns), and which cannot be traced back to specific users or association accounts. For example how great a percentage of users have created a comment. And we may freely make these analyses public.
5.5 You Can Get Your Content at Termination
On termination or other ends of this agreement, you may order a free electronic copy of all your content (see the section Process at Termination of Agreement/Association Account).
This copy will be made available within a month, and we will give you access to it via a secured web address, which we shall inform you further about. The copy will be available 3 months from the termination date whereafter it will be deleted.
6.
Our Limitation in Liability
We will do our best to keep Borigo running at all times. However, we do take reservations for programming errors or server failures. It may also happen that Borigo is unavailable for shorter periods of time due to system updates.
As mentioned, we may change and develop the platform. We make the platform available as is and without warranty.
We cannot not be held liable for direct or indirect lose as a result of the use of Borigo. We can neither be held liable for lose due to hacker attacks, viruses, storm damages or other forms of force majeure.
Our liability can never exceed the total amount you have paid us within 12 months prior to an incident that would form the grounds for a claim.
7.
Changes to the Terms
We may, without prior notice, update these terms with changes of the name of the product (Borigo), web addresses, grammar as well as our physical and electronic contact information if we simply notify you of the changes.
We are free to transfer this agreement to another legal entity (e.g. on transformation to ApS (limited liability), A/S (public company) or in a sale) if we have informed you about it at least 14 days earlier.
We can change these terms at a 1 month's written notice. We shall have your acceptance before the announced initiation date. Otherwise we may block the access to your association account until you have either accepted the new terms or requested to terminate your association account.
The current terms will always be available at Borigo's website (borigo.com/terms)
8.
Breach of the Terms
As there is no commitment term, you may request to terminate the agreement at any time.
We can block your access to Borigo immediately and at a 7 days' written notice terminate your association account if you with or within Borigo:
  1. have done something illegal (or we have a suspicion about it)
  2. have not provided legally valid information, or
  3. in any other way have acted against these terms and have not corrected yourself at a 5 workdays' written notice from us
9.
Process at Termination of Agreement/Association Account
This agreement can be terminated by us or by you. The request for termination shall be in writing and include a termination date on which one wishes the termination shall be effective from.
When we have received your request for termination, or when we have sent you our request for termination, the following will happen:
  1. You get an opportunity to get a copy of all your content (see the section You Can Get Your Content at Termination)
  2. Your access to Borigo will be closed on the termination date
  3. We will keep your content 3 months from the termination date whereafter it will be deleted from all our systems over the course of up to 1 month
10.
Governing Law and Court
If we should ever end up in the unfortunate situation where we in collaboration have been unable to settle a disagreement after repeatable attempts and negotiation, such or any other dispute related to us or Borigo shall be settled according to the law of Denmark in The City Court of Copenhagen (Københavns Byret).
This is a translation of the terms in Danish to English. In the case of a mismatch between the Danish and the English version, the Danish version will precede and overrule the English version.
11.
Your Contact Information
At any given time we shall have a valid email address, which we can use to get in touch with you. You are responsible for keeping this up to date within Borigo.
We will use this address to inform you about various subjects, e.g. changes in Borigo or in these terms, interruptions in service or security breaches, provide access to your association account etc.
11.1 Additional Information
We shall also have the legally valid information of the association, including name, address and business/organization registry number, when we request these, typically in relation to the order placement or payment for add-ons.
12.
Definitions
In doubt what we mean? We elaborate here:
  • "Borigo", "the platform" – Borigo, as the platform is, when you log in via borigo.com or the app Borigo
  • "us", "we", "our" – the company Borigo as specified under Basic Information
  • "your association", "the association", "you", "your", "yours" – the association, organization or company as the legal entity created in Borigo
  • "content" – all data, which you have added to your association account, including users, profiles, posts, comments, images, files, groups, handbooks etc.
  • "association account" – an account belonging to an association in Borigo with the underlying content etc.
  • "written", "in writing" – meaning in writing (as opposed to e.g. verbally), but it does not matter whether it is by postal mail or email (we prefer email)
13.
The End
That is the agreement. Thank you for using Borigo, we hope you will be happy about it.
The latest updates:
  • Copenhagen, May 16, 2018 (system contractor for online image processing withdrawn and removed)
  • Copenhagen, April 25, 2018 (adjustments to the new legislation on data protection)
  • Copenhagen, January 25, 2018 (transfer to borigo.com and ApS + "or the app Borigo")
  • Copenhagen, March 2, 2017 (change of address)
  • Copenhagen, December 2, 2015 (change of name)
  • Copenhagen, October 16, 2015