1. General information
1.1 These Terms of Use and Privacy Policy and Payment Conditions, as well as any potential future annexes that will form an integral part thereof (hereinafter together Conditions) are applicable to the website helpific.com, its sub-sites, as well as to the web and mobile applications* inextricably relating thereto, to any platforms* related to the operations of helpific.com, and to social networks managed by and/or belonging to Helpific MTÜ (hereinafter together or separately Website), which belong to Helpific MTÜ (hereinafter Helpific). The Website is, among other things, made up of any data and documents that are accessible via the domain helpific.com or its sub-domains, or via domains that contain the trademarked word Helpific, as well as of the databases necessary for using the Website.
1.2 The owner of the Website is Helpific MTÜ (registry code 80380146), the contact information for which can be found in sections ‘About Us’, ‘ Contact and Location’.
1.3 The aim of Helpific is to bring together via the Website users of the Website who require assistance (hereinafter Beneficiaries) and users who offer assistance on a voluntary basis or for a fee (hereinafter Helpers), also separately referred to as User and together as Users.
1.4 A User may use the Website only for the purposes given in the Conditions. A User may not use the Website for any other purpose, including for the provision of a service to a third party, regardless of whether the service is provided for a fee or for free, nor use data gathered from the Website for any purpose that is not referred to in the previous sentence without the previous written approval of Helpific.
1.5 On the Website, a User can create a personal profile (hereinafter User Account), via which the User may offer their assistance on a voluntary basis, provide their services for a fee, make donations to other Users and/or receive donations, assistance on a voluntary basis, or payment from other Users for provided services.
1.6 Upon creating and/or modifying a User Account, the User must enter (forward) on the Website accurate personal data (that can be proven) – first name, last name, email address, phone number, bank account information –, as well as use a profile photo portraying the User. The aforementioned information is primarily necessary for bringing together Users who can offer assistance and Users who require assistance in a safe, fast, and convenient manner, for resolving conflicts between Users, for transferring donations as well as payments to Users for the assistance provided by them, for notifying Users of any changes in the Conditions or of any technical errors occurring in the operation of the Website, for conducting user satisfaction surveys, as well as for helping Users register for a User Account and for analysing the services provided by Helpific to better understand Users and provide more suitable notifications and services and a better user experience.
1.7 Helpific reserves the right to deactivate or delete a User Account for the safety of other Users if it contains false information about the User. Helpific has the right to delete requests for and/or offers of assistance, in whichever form, if they contain information that is not in accordance with the Conditions of the Website.
1.8 Upon making posts (publication of requests for and/or offers of assistance on the Website or on social media networks related to the Website), Helpific uses only the first name of the User. Helpific does not forward or disclose the last name, email address, phone number, bank account information of a User to other Users or third parties (who are not Users of the Website) and processes personal data in accordance with the Personal Data Protection Act applicable in the country (Republic of Estonia) as well as with national and/or international legislation related thereto.
1.9 If, upon publishing requests for and/or offers of assistance, a User forwards on the Website or in social media networks related to the Website information regarding their state of health or disability, political views, religious or philosophical beliefs, ethnic background or race, genetics, etc., then Helpific is not responsible for the past or potential future harm or consequences that the publication of such information might have on the User, nor for the use of this information for and by third parties.
1.10 Helpific may make changes in the Conditions. Helpific will notify Users of any changes via the Website, the User’s email address, or in any other way. If a User refuses to accept the changes made, Helpific has the right to deactivate or delete the User Account. If a User continues to use the User Account after the User has been notified of changes made to the Conditions, they will be considered to have accepted the changes made to the Conditions.
1.11 By using the Website, a User confirms that they have read and understood the Conditions, and that they fully agree with the Conditions. In issues not provided for in the Conditions, the parties will be guided by the legislation applicable in the Republic of Estonia and by the accepted rules of international legislation. All disputes arising from the use of the Website and the Conditions are in the jurisdiction of the Republic of Estonia.
2. Liability
2.1 At any time on and off the Website, the User must treat other Users in accordance with the principles of good faith, good manners, and good practices, as well as based on generally accepted social norms. The User must use the Website in a way that ensures that the activity or inactivity of the User does not harm the rights and interests of other Users and/or third parties, or limit their use of the Website.
2.2 Helpific will do its utmost to ensure that the information presented on the Website is detailed and comprehensive. However, Helpific does not guarantee the accuracy of the information, nor is Helpific responsible for the potential harm or consequences that the use of such information might cause.
2.3 Helpific is not responsible for:
2.3.1 any cancellations of meetings and/or provision of assistance between Users agreed on via the Website;
2.3.2 the quality of the assistance or any service provided to the Beneficiaries;
2.3.3 the payments to Helpers or for any past or future expenses incurred or harm caused by the provision of assistance to a Beneficiary. However, Helpific will do its utmost in accordance with the Payment Conditions to prevent unpleasant situations and resolve conflicts between Users.
2.3.4 the content of any feedback (comments, opinions, etc.) forwarded publicly on the Website by one User about another User. However, Helpific will do its utmost to remove content from the Website that causes unproportionate harm to the rights, interests, or reputation of a User, as well as content that violates the right to family life or promotes hatred and violence towards or discrimination of different national, racial, religious, or political backgrounds.
2.4 A User is fully, independently, and exclusively responsible for any consequences of their own decisions, choices, and actions, as well as their inaction in forwarding and especially accepting requests for and offers of assistance, in cancelling or failing to cancel requests for and offers of assistance, in providing or accepting services either for a fee or on a voluntary basis, and in making or receiving donations.
2.5 A Beneficiary acknowledges that assistance provided via the Website either for a fee or on a voluntary basis is not a recurring service. In addition, a Beneficiary acknowledges that Helpific is not a national provider of social services, nor does it mediate the services referred to in the Social Welfare Act that are provided by local governments.
2.6 A User acknowledges that they assume full proprietary liability for harm caused by their wrongful behaviour, including harm caused by the violation of law or of any clause of the Conditions, in the extent of the harm caused. A User acknowledges that they assume full civil, administrative, and/or criminal liability for harm caused to another User by the violation of a legal act.
2.7 Helpific is not responsible for organising trainings for Helpers who provide assistance for a fee or on a voluntary basis to provide them with the knowledge, skills, and techniques necessary for providing such assistance.
3. Right to privacy
3.1 By using the Website, a User explicitly agrees to the processing of their personal data. Helpific collects and processes personal data only in a way that is honest and legal and only to the extent that is necessary for the purposeful and safe use of the Website, and does so in accordance with the Personal Data Protection Act applicable in the Republic of Estonia, Regulation (EU) 2016/679 – General Data Protection Regulation on the processing of personal data in the European Union by persons, companies, or organisations –, and with accepted rules of international legislation.
3.2 If a potential violation related to personal data will likely cause great harm to the rights and liberties of a User, then Helpific will notify the User without undue delay of the violation related to their personal data.
3.3 Upon presenting personal data in the public space of the Website (e.g. public information visible under the User Account), the User fully acknowledges that the presented information might be seen, used, and disclosed by other Users, and that Helpific is not responsible for the potential risks, consequences, and harm caused by such activity.
3.4 If the Website includes links to other Websites which collect the personal data of a User, then the conditions of privacy or similar of that Website are applicable to the processing of the User’s personal data and Helpific is not responsible for how such Websites process or implement their conditions of privacy or similar.
Read more about your rights in the protection of personal data under clause 7.
4. Copyright
4.1 Everything included on the Website, in whichever form it may be, primarily the design and software of the Website, its entire text, graphics, edited content, all data, layout, drawings, designs, HTML, source code, appearance and branding, photos, music, sounds, images, software, videos, design, font, and any other information, content, or data (hereinafter together Intellectual Property) which Users see, read, hear, or sense via the platform belong to Helpific (i.e. are a property of Helpific), unless otherwise provided for by law. Intellectual Property is protected in all forms, on all data media, and in all present and future technological solutions.
4.2 The aforementioned (clause 4.1) may be used only for personal and non-commercial purposes with the written approval of Helpific. Helpific’s written approval is not necessary if information is exchanged between Users for the purposes referred to in clause 1.2 of the Conditions. The User confirms that upon uploading information, documents, or works (as a result of creative activities) to the Website, they are not violating the copyright of third parties.
4.3 Helpific has the right, without limits to territory and/or time, to use content created by a User on the Website without paying the User a fee and/or without providing the User some other benefit. Using such Intellectual Property without the consent of Helpific and the owner of the content created by the User is also not allowed without a written approval.
4.4 It is prohibited to reproduce, distribute, or forward to third parties in any other way information included on the Website without the previous written approval of Helpific. A User may not copy, download, use, re-design, re-format, or stream anything originating from the Website without the previous written approval of Helpific, unless it is for the purposes referred to in clause 1.2 of the Conditions.
4.5 Any links to third-party Websites under the User Accounts of the Website are not considered to have Helpific’s endorsement of the services and/or products offered on those Websites. Using such links is at the risk of the User and Helpific is not responsible for the risks, consequences, and harm potentially caused by the access to or use of the content, services, and/or products provided on such Websites. Helpific has not ascertained the correctness, accuracy, reasonability, trustworthiness, or thoroughness of the information available on such Websites.
5. Cookies
5.1 This Website uses cookies. A cookie is a text file that is stored by the Website to the memory of the User’s device.
5.2 There are two types of cookies. The first type stores information on the User’s hard drive for a certain period of time. Such cookies are used to notify the User of changes made on the Website after the User’s last visit. The other type of cookie – session cookie– is stored temporarily for the duration of the site visit.
5.3 Helpific uses two types of cookies – required cookies and preference cookies, which you can opt out of. Required cookies are essential for the smooth operation of the Website. For example, some cookies allow identifying registered Users and ensuring that they can access the Website. If a User does not agree to the use of such cookies, the User may not be able to access the information available on the Website. Preference cookies allow storing the User’s preferences and adjust the Website to offer the User improved functionalities. Helpific uses preference cookies to adjust the language of the Website.
5.4 Helpific uses Google Analytics and Facebook Pixel to improve statistical data. Helpific uses Google Analytics to understand how visitors and Users use the Website. More detailed information on how Google gathers and processes information is available at https://policies.google.com/privacy.
5.5 A User must allow session cookies to use the Website. Such cookies allow the User to seamlessly use the Website and are deleted after the User leaves the Website.
5.6 If a User does not want to allow cookies, they can change the security settings of their browser. The User should note that if they disable session cookies, they will not be able to use the application functions available on the Website.
5.7 Users have the right to disable cookies at any time if their browser enables it, although doing so may disrupt the use of the Website by the User. Read more about the different ways of disabling cookies at http://www.allaboutcookies.org/manage-cookies/
6. Users’ rights and responsibilities
6.1 The User acknowledges that the provision of assistance on a voluntary basis constitutes volunteer work, for which payment or provision of any other type of monetary benefit is not required.
6.2 Providing assistance either on a voluntary basis or for a fee is not considered an employment relationship between Helpific and a Helper or Helpific and a Beneficiary under the Employment Contracts Act, nor is it considered a performance of an authorisation agreement or a contract for services between the aforementioned parties under the Law of Obligations Act.
6.3 The more detailed and specific content, volume, extent (including permissions), deadline, as well as the manner and location of performance of assistance is agreed upon between the Users each time for each provision of assistance separately.
6.4 A Helper must act with the diligence necessary for the type of assistance required and provide assistance to the extent of their personal knowledge and capabilities, making sure that the Beneficiary benefits to the greatest possible extent.
6.5 A Helper must follow the Beneficiary’s instructions when providing assistance. A Helper must inform the Beneficiary of all important circumstances related to the provision of assistance, primarily of those that might motivate the Beneficiary to change the instructions provided by them or refuse the provision of assistance altogether.
6.6 A Helper may refuse to perform an activity that is not reasonable, is illegal, is unethical, or cannot be performed by the Helper due to their age, gender, state of health, religious beliefs, or other such characteristics.
6.7 A Helper must avoid situations that might put them and/or the Beneficiary or the health and/or property of others in danger.
6.8 In the case of force majeure, a Helper has the right to refuse to provide the agreed-upon assistance to the Beneficiary by informing the Beneficiary thereof at the earliest reasonable opportunity. Force majeure is a circumstance independent of the Helper and the Beneficiary that the parties could not have influenced nor reasonably assumed to take into account, avoid, and/or overcome during the provision of assistance.
6.9 It is not the responsibility of Helpific to make it possible for a User who has been punished pursuant to criminal procedure or has violated societally accepted principles of good manners and practices in a way that allows Helpific to assume that the User poses a danger to other Users and/or to the reputation and/or activity of Helpific to use the Website, create a User Account, and/or provide services to other Users either for a fee or on a voluntary basis.
7. Your rights in the protection of personal data
On 14 April 2016, the European Parliament approved the General Data Protection Regulation (GDPR), repealing the current Data Protection Directive. The Regulation entered into force on 24 May 2016 and was imposed after a two-year transitional period as of 25 May 2018.
A new version of the Personal Data Protection Act of the Republic of Estonia entered into force on 15 January 2019. The aim of this Act is to protect the fundamental rights and freedoms of natural persons, primarily the rights to privacy, upon the processing of personal data.
Hereby, we would like to inform you shortly that:
7.1 You have the right to be informed of the processing of your personal data;
7.2 You have the right to access your personal data and information on which type of data is being processed, including the purpose of the processing, the type of personal data being processed, the period of storing the personal data, etc., which means that you have the right to receive information from the controller whether your personal data is being processed;
7.3 You have the right to rectification of your personal data;
7.4 You have the right to restrict the processing of your personal data;
7.5 You have the right to object to the processing of your personal data;
7.6 It is your right not to have a decision made about you that is based solely on automated processes (including profiling – automated decision-making with technological means without human intervention), to be informed of the performance of profiling and the consequences thereof;
7.7 You have the right to data portability – the right to receive personal data concerning you which you have provided to the controller in a structured, commonly used, and machine-readable format and the right to transmit those data to another controller;
7.8 You have the right to the erasure of data, the right to be forgotten;
7.9 You always have the right to turn to the Data Protection Inspectorate or court to protect your right to privacy and your personal data.
What type of personal data does Helpific store?
In order to provide a service, the purpose of which is to bring together via the Website Users of the Website who require assistance and Users who provide assistance either for a fee or on a voluntary basis, Helpific automatically stores personal data in the following three ways:
A. Data that is forwarded to us upon creating and/or modifying a User Account – clause 1.4 of the Conditions.
These data include: first name, last name, profile photo, email address, language preferences, location (country, city, address), content of the request for and/or offer of assistance, messages exchanged between Users, Facebook ID and Google ID and username, bank account number, information on money transfers between Users.
B. Data that we receive when a User uses the services of Helpific – clauses 5.3 and 5.7 of the Conditions.
These data include:
first name, profile photo, location, requests for and offers of assistance and the content thereof – visible to all Users of the Website, these data are a part of the search (when entering a request for or offer of assistance);
email address, Facebook ID and Google ID, and username – used for authenticating the User *;
email address – used for sending mail related to transactions;
email address – if the User has agreed to receiving the newsletter, then it is used for sending newsletters;
language – based on the User’s preferences, the Website is displayed to the User in their preferred language;
messages exchanged between Users – visible only to the parties participating in the conversation;
last name, first name, email address – used by the administrator and/or customer support of the Website to communicate with the User in case of any problems;
bank account number – used for transactions between Users, managing and administering financial information.
C. Data that we might receive from other Users or third parties in relation to the provision and/or mediation of a service, as well as in relation to feedback or complaints.
These data include:
basic information: last name, first name, profile photo, email address, language;
location data: country, city, address;
data and information specific to the communication: email address, requests for and offers of assistance and the content thereof, messages exchanged between Users – might include information on the state of health of Users, the further processing of which is prohibited;
authentication data: Facebook ID and Google ID and username, email address;
financial data: bank account number, data related to transactions between Users.
What does Helpific process your personal data for?
The data referred to in the Conditions is primarily necessary for bringing together Users for the purpose of receiving and providing assistance in a safe, fast, and convenient manner, for resolving conflicts between Users, for transferring payments for the provision of assistance and donations to Users, for informing Users of changes in the Conditions or of technical errors in the operation of the Website, and for conducting satisfaction surveys among Users.
Processing personal data related to the User is necessary for using and providing the services of Helpific. Mediation of required services to a User or fulfilment of obligations of the Helper related to the provision of assistance is not possible without processing personal data.
What else can Helpific use your personal data for?
All data collected upon the consumption of services is used by Helpific to provide, administer, and improve said services, enhance user safety, and develop new services.
In addition, Helpific uses data to understand how Users use the Website and services of Helpific to improve user experience, personalise the provided services, and develop applications, technologies, and content that increase user satisfaction and improve accessibility.
How does Helpific ensure the security of data provided by you to Helpific?
Helpific does not forward or disclose the personal data of Users to other Users or third parties (who are not Users of the Website) and is guided by the Personal Data Protection Act applicable in the country as well as by other related national and/or international legislation when processing personal data.
Before using data for purposes other than those referred to in the Conditions, Helpific will ask for the express consent of the User.
Without the consent of the User, the User’s personal data can only be forwarded to an institution or person who has a direct legal right thereto in accordance with data protection legislation.
We also do the following to ensure data security:
handle all personal data as confidential;
encrypt services where possible by using SSL*;
for the most part, store personal data in a digital format in Helpific’s database servers;
ensure that development and testing environment do not contain personal data;
strictly limit, both technically and organisationally, the access of Helpific’s employees and other persons to personal data;
Helpific is not responsible for the harm caused by cyber attacks. However, Helpific will do its utmost to prevent such harm.
How long does Helpific store your personal data for?
Helpific stores a User’s personal data for seven (7) years, unless otherwise provided for by legislation.
If a User has not used their User Account during a period of one (1) year, Helpific has the right to delete that User Account.
Helpific may store non-personal data without a term.
If you have any questions about your rights regarding the processing of your personal data presented to us, please contact our data protection officer via the email address keiu.roosimagi@helpific.com.
Receiving Helpific newsletters:
If a User wishes to receive newsletters (including requests for and/or offers of assistance) to their email address, they can configure the relevant option under their User Account (section on sent notifications – I wish to assist and receive notifications if somebody requires my assistance and/or agree to receiving newsletters from Helpific).
PLEASE NOTE:
-> You must agree to the Conditions in order to use the Website. The User has the right to use the Website only in accordance with the Conditions.
-> Helpific may change the Conditions at any time without the previous consent of the User by informing the User thereof in accordance with the procedure set out in the Conditions. Changed Conditions will apply starting from their publication on the Website.
-> The Conditions have been compiled in Estonian. Helpific has made the Conditions available also in other languages. In the case of discrepancies between the Conditions in Estonian and those in other languages, the Conditions in Estonian will be considered superior.
If you have any concerns about the security of the Website or the Conditions, please email us at tugi@helpific.com and we will try to find a solution.
TERMS
* A web application is a piece software that is made up of a client-side application accessed through a web browser and of a server-side application.
* A mobile application (colloquially also referred to as an app) is software intended for smart phones, tablets, and other mobile devices.
* A platform is an information technology term that denotes different operating systems or programming languages.
* Authentication is an electronic process that allows the electronic identification of a natural or legal person, as well as confirmation of the origin and integrity of their electronic data. Authentication is a process that allows to check the accuracy of the claimed identity.
* An SSL certificate ensures that a Website displayed in a browser is the Website that the user wished to visit and that the connection between the Website and the user is secure.