FiveMe Management

This Privacy Policy describes how FiveMe Management process personal data.

1.0 Data controller

The legal entity who is responsible for the processing of your personal data is:

FiveMe Management

Badensgade 47, st.
DK-2300 København S

Danmark

VAT: 41235098

1.1 Contact

Should you have any questions or concerns regarding the processing of your personal data, you are very welcome to contact us at hello@fiveme.dk

You are welcome to contact us using one of the following languages: Danish, English or Swedish. All such communications are examined, and replies issued where appropriate as soon as possible usually within 48 h. 

2.0 Data

What kind of data do we collect about you and for which purposes?

In the following we will account for the purposes of the data processing.

2.1. Delivery of services – Campaigns, materials and more

In order for FiveMe Management to provide its core services, it is necessary for us to process your personal information. If you have chosen FiveMe Management to perform a commission such as a web site, materials, social media strategy etc., we will have to process your personal information in order to deliver the requested services. This data includes data such as name, contact details, details for accounting, address and social media account information, statistics etc. in order ro deliver the best possible product. 

The legal grounds on which we rely in order to process your personal information is article 6.1.b. in the Danish data protection legislation PDPA Personal Data Protection Act ( In unique and individually assessed cases, it might be necessary to collect and process sensitive information directly and, in such case, the legal grounds for the processing is primarily found in article 9.2.a or subsidiary article 9.2.c.

Also, legal and regulatory obligations that we are subject to, such as keeping records for tax purposes or providing information to a public body or law enforcement agency, can in some cases constitute the legal grounds for the processing of your personal data, please cf. article 6.1.c.

Information collected is kept for as long as it is necessary to perform the tasks delimitated by the Agreement. If the Agreement for some reason ends, we will store your information up to 1 year after the termination date. In specific cases we can keep records for a shorter or longer period of time, hereunder to comply with regulatory obligations.

2.2. Delivery of services – Clients

To be able to perform our services account will be opened designated to FiveMe Management. To each account, one or more contacts will be attached. If you, as a person, are one of these contacts, we will process the information about you. The processing of the data is necessary for the performance of a contract or agreement that the client enters into with us cf. article 6.1.b. subsidiary the processing can also be based on article 6.1.f., and if that is the case, we will always let you know our legitimate interests.

We process information that you transfer about yourself to us via e-mail or telephone or from publicly available sites, like your LinkedIn profile. This information could be name, position, e-mail, telephone and place of employment.

2.3. Job applications

In connection with open job positions, we keep the personal information from candidates up to 6 months after we have received the application.

2.4. Employees

FiveMe Management keep employee’s information up to 5 years after the end of employment. While the employment is in force, FiveMe Management continuously check that only necessary and correct information about the employee is stored.

2.5. Sales promotion

FiveMe Management use personal information in marketing efforts, including efforts to target out communication to you specifically. If you have given your consent, the targeted communication includes sending newsletters. To this end, we only treat common personal information including name and e-mail. If you do not want to continue receiving any marketing from us, you can click on the unsubscribe function in the newsletter or contact us directly.

2.6. Manage and improve our website

FiveMe Management collect your personal data directly from you and indirectly when you use our website(s). For example, to improve your experience when you use our Website and ensure that it is functioning effectively, we use cookies (small text files stored in a user’s browser), which may collect personal data. Additional information on how we use cookies and other tracking technologies and how you can control these can be found in our Cookie notice.

Furthermore, we use Google Analytics to collect certain information about the visitors of our homepages.

2.7. Consent

If FiveMe Management collect any kind of personal information that needs a consent, we will make sure to get a prior written and explicit consent from the people involved. Please remember, that you are always allowed to withdraw your consent for any further use.

In some cases, to perform our services under section 2.1, it might be necessary to transfer personal data to recipients in countries outside the EU/EEA or international organisations, in such cases the legal grounds for this is article 49.1.c.

2.8 Your rights

Subject to the conditions set out in the PDPA Personal Data Protection Act, you are entitled to the following rights:          

· The right to request access to your personal data

· The right to rectification of your personal data

· The right to erasure of your personal data

· The right to restriction of processing

· The right to data portability

· The right to object against the processing of your personal data

3.0 Complaints

You have the right to file a complaint with the competent supervisory authority “The Danish Data Protection Agency”. More information can be found here: https://www.datatilsynet.dk/

Revision of our Privacy policy

We keep our privacy policy under regular review and thus the notice may be subject to changes from time to time. The date of the latest revision of the privacy notice can be found on the bottom of this page. Any new modified or amended privacy notice will apply as per the revision date. Therefore, we encourage you to periodically review this statement to be informed about how we are protecting your information.

Updated: 10.07 2020

TERMS OF SERVICE

The following terms of service for FiveMe Management, shall apply to all projects that FiveMe Management agrees to on behalf of the client – unless the terms and conditions are deviated by expressively written contract. The agreement between the client and FiveMe Management will herein after referred to as “The Agreement”. 

The terms and conditions may be changed without further notice.

1.0 Order confirmation

The client is bound by The Agreement as soon as the order is placed. A written confirmation containing the specific terms must be accepted and returned by the client. Failure to accept and/or return the confirmation form whilst proceeding with the assignment will be deemed to be an acceptance by the client of these terms of service and they shall apply to and govern the agreement between FiveMe Management and the client. 

1.1 Amendments

Any amendment and/or variations made to the confirmation by the client shall not be valid and binding unless FiveMe Management has agreed to such amendment and/or variation in advance and confirmed such agreement in writing. The client will only be able to annul the order by previous written consent from FiveMe Management.

2.0 Delivery

• The delivery of the services will be in accordance with The Agreement that has been made between the client and FiveMe Management (also referred to as “The Parties”). If a written agreement of delivery hasn’t been entered between The Parties, or if a written Agreement doesn’t consider it, FiveMe Management will be able to set the exact date of delivery of the services – it must, however, be in the period of where the Agreement is in force between the Parties.

• If nothing else is agreed upon, the place of delivery will be at studio FiveMe Management location at FiveMe Management, Badensgade 47, st. DK-2300 København S.

• All shipment will be at the risk of the client as well as paid by the client.

• The time of delivery will be stated as far as possible in a possible offer or Agreement between the parties. FiveMe Management is entitled to postpone the delivery by 14 days but must immediately notify the client in writing of the delay. However, in case of Force Majeure, cf. below, the time of delivery must be postponed until the obstacle ceases and ordinary trade and transport is possible again.

• Any defects in the delivery due to FiveMe Management are to be rectified as quickly as possible by FiveMe Management, and no liability from the client towards amen or any third party will be possible.

3.0 Prices and fees

• All prices are stated without VAT.

• Apart from the offered or agreed fee, FiveMe Management is entitled to require payment for:

  • Extra work due to faulty material given by the client or corrections in the delivered production.

  • Prices in other currency than DKK based on the currency in DKK that was effective when the Agreement was entered into. 

  • Payment for transportation outside FiveMe Managements address in Copenhagen and transportation insurance for this besides the agreed price.

4.0 Payment

• Unless otherwise agreed by written agreement, the payment from the client to FiveMe Management has to be by invoice, and it will be due 8 days from the invoice date. In case of late payment, a penalty of 0,70% will be added from the due date and an additional fee of DKK 100 per additional month. FiveMe Management may postpone the delivery or cancel the delivery in writing, without making themselves liable hereof if the client still hasn’t paid past due payments on previous orders. Any loss to FiveMe Management as a result hereof must be fully compensated by the client.

• Deliveries that exceed a total price of DKK 50.000,00 will be invoiced with 50% before the job starts and the remaining 50% upon delivery.    

• If the client circumstances cause an agreement to not be carried out continuously FiveMe Management is entitled to partial invoicing.

5.0 Defects

• If the delivery isn’t carried out in accordance with The Agreement or in accordance with the clients written instructions that has been accepted by FiveMe Management, there is a defect.

• The delivery must in all cases have the characteristics guaranteed by The Agreement. If the delivery deviates from The Agreement, but the deviation is due to circumstances arising from the client or that other than FiveMe Management has adapted or performed maintenance to the delivery, this will not be regarded as a defect and FiveMe Management cannot be held responsible for this.

• If the delivery suffers from a defect, the client must notify FiveMe Management in writing without undue delay.

6.0 Client obligations

• The client undertakes to provide its own participants for the project and other stakeholders with the necessary knowledge and skills at the agreed times to the extent that is necessary. The client is responsible for the management and coordination of all the client’s stakeholders, including their communication with FiveMe Management.

• The client undertakes to provide access to available product information, necessary systems, user information, website analyses and any existing strategic documentation that is current and relevant to the performance of the delivery.

• The client commits to providing FiveMe Management with approved electronic files with logos, product images and written content.

• The client undertakes to be responsible for the accuracy of the material provided and the necessary approvals of the content.

• The client undertakes to have all necessary rights and licenses for material provided to FiveMe Management.

7.0 Licensed rights

• If nothing else is agreed upon, any material produced by FiveMe Management for the client, only include the right to use the material on the client’s own homepage and catalogue for a period of 6 months.

• Unless anything else has been agreed upon, any licensed usage may only be used within the borders of the Denmark.

• Any agreement is personal to the client and therefor the costumer may not without written approval from FiveMe Management assign its rights hereunder to any third party that being a company, legal entity or person.

• Any utilisation of the licensed usage rights, before the agreed amount has been fully paid shall be prohibited.

• For the avoidance of doubt, if any reference to the followings terms is mentioned in The Agreement, they shall have the following meaning:

• POS Material: POS (point of sale) is limited to use of material in stores owned by the client, or shopping complexes or buildings that include the clients stores. This does not include material in windows, on the front of the door, on banners hung on the store etc. If the store is located in shopping complexes, the shopping complex will be perceived as outside.    

• Outdoor Material or OOH (Out of home): Outdoor include use of material outside. Outside is limited to use outside the physical store, this could be, but is not limited to: billboards, posters at bus stops, material printed and put directly on busses or in windows etc. 

• Online: Includes the right for the client to use the material online on web pages owned by the client, such as web sites, blogs etc. This does not include third party banners and use on Social Media. 

• Social Media: Include the right to use material on Social Media owned by the client such as, but is not limited to; Youtube, Facebook, Instagram, Twitter etc. 

• Print: Include the right to use the material in physical and printed lookbooks or catalogues. The client is only allowed to use the material for physical and printed catalogues owned and made by the client.

• Digital catalogues: Include the right to use material in the client’s digital catalogues. This includes but is not limited to; digital catalogues in its core meaning, as well as showcasing of the digital catalogues at monitors in the clients’s store, or showcasing of the digital catalogues in stores that keep the client’s brand. 

• Advertising: Include the right to use material POS, OOH, Online, Social Media, Catalogue and Digital catalogues freely and unimpeded in advertising for the client. This also includes the right to show the material in catalogues from third parties.

• Other print: Include the right for the client to use the materials in printed versions such as flyers, postcards and business cards etc. This is limited to print in store, which prevents use OOH. 

• Ecommerce: Include the rights to use the material for the client’s ecommerce, such as web shop, website or Instagram business where it is possible to shop directly from the picture. This does not include the right to use the material for banners and other digital use. 

• Billboards: Include the right for the client to use material for billboards in agreed upon areas.

• Cinema: Include the right to use material in commercials before movies at the cinema in agreed upon areas. 

• TVC (TV commercial): Include the right to use the material for TV and commercials in accordance with what the material is created for.

• Full Buyout: Include the right to use the material in all media aspects in accordance with what the material is created for.

• Internal usage: Include the right to use material internally in the company. This is limited to in house physical use as well as online use with a limited access for employees, which could e.g. be for training purposes. It does not include the right to use it in a way that makes it public to people outside the company. 

• BTL (Below the line): Include all the above-mentioned terms apart from TV, Billboard, Print and Cinema. 

• ATL (Above the line): Include all above-mentioned medias.

8.0 Force Majeure 

FiveMe Management shall not be liable if the following non-exhaustive force majeure incidents occur and prevent or delay the performance of The Agreement: War and mobilisation; a pandemic; rebellion and civil disobedience; terrorism; natural disasters; strike and lockout; shortage of goods; errors, defects or delays in deliveries from subcontractors or if subcontractors are otherwise affected by the circumstances; fire; lack of means of transport; exchange restrictions; import and export restrictions; death, illness or absence of key employees; computer virus; or other circumstances beyond the direct control of FiveMe Management. In such cases, the affected, FiveMe Management, must be entitled to postpone its fulfillment of the obligation until the obstacle is terminated, or alternatively to cancel The Agreement in whole or in part without taking any responsibility for it, if the obstacle causes the fulfillment to be postponed for more than 6 months.

9.0 Product liability and limitation of liability

• For product liability, the rules in force in Danish law shall apply at all times. Unless otherwise required by mandatory legal rules, FiveMe Management is not responsible for any operational loss, loss of profits or other indirect loss arising from product liability.

• FiveMe Management has no responsibility for loss or damage to property such as originals, materials etc. that does not belong to FiveMe Management but are left in studio FiveMe Management’s custody for the purpose of solving agreed tasks or for the storage of already delivered deliveries. However, FiveMe Management is liable if it is proven that the loss or damage is due to gross negligence on the part of FiveMe Management’s employees. It is the client’s responsibility to sign an insurance to secure items from damage and damage from use in the production towards fulfilling The Agreement between the Parties.  

9.1 The subtractor

FiveMe Management is entitled to have all, or part of the job done by a subcontractor.

9.2 Duty to inform

The Parties shall inform each other in writing of any matter which is deemed to be of significance for the completion of The Agreement in such a timely manner, that makes the second part able to adapt to the future situation.

9.3 Law and jurisdiction

The Agreement must be governed by and constructed in accordance with Danish law without regard to the applicable international private law rules to the extent that the application of such rules would lead to a choice of law other than Danish law. Where recovery of debt is needed by FiveMe Management, FiveMe Management may at any time choose to recover the debt at the client’s home in accordance with the laws of that country.

COOKIES

FiveMe Management makes an effort to offer a transparent website with the content that is the most relevant to you. In order to do so, we use technologies that can collect, process and sort information regarding how you and other visitors use www.fiveme.dk (also referred to as “The Website”). 

Consent

By using the Website and clicking on “OK” on our cookie banner the first time you visit the Website, you consent that FiveMe Management use cookies as described below. You may withdraw your consent by rejecting cookies in the “cookie overview” below, or by blocking cookies in your web browser.

What are cookies?

Cookies are small text files, which the Website places on your computer’s hard drive, smartphone or other electronic device. However, the meaning of the word “cookies” in this policy and in the consent, text also includes other kinds of automated data collection, e.g. Flash-cookies (Local Shared Objects), Web Storage (HTML5), JavaScript’s or cookies placed by the used of other kinds of software. The word “cookies” also refers to information about IP- and MAC-addresses and other information about your device.  There are basically two types of cookies, “temporary” cookies and “permanent” cookies. The temporary cookies are linked to the current visit to the Website and are deleted automatically, when you close your web browser. In contrast, permanent cookies will be stored on your equipment. Permanent cookies delete themselves after a certain period but will be renewed every time you visit the Website. 

Cookies can be used by FiveMe Management and third parties. 

A detailed description may be found in the “cookie overview”.
How to avoid and delete cookies?

If you do not want FiveMe Management to place or read cookies on your equipment, you have the possibility of withdrawing or changing your consent by rejecting cookies in the “cookie overview” below. You may also block cookies in your web browser. How to block cookies depends on what kind of browser you are using. Be aware that if you are using multiple browsers you will have to withdraw, change or block cookies in all of them. As user, you also need to be aware that the Website might not function optimally if you delete or block cookies.

What cookies does FiveMe Management use and for what purposes?

We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services.

Updated: 10.07.2020