Factofly business conditions

(Valid as of 01.01.2021)

§ 1 Scope

These business conditions regulate the relationship between Factofly Aps CVR.: no. 39781689 (Hereafter referred to as Factofly) and the person associated in connection with the use of the service at Factofly (Hereafter referred to as the Employee).

§ 2 The affiliation for the employee

 The employee is associated on the basis of the information that FactoFly receives in connection with the registration and creation of a task or invoice on FactoFly.com or FactoFly.dk. When creating a task or invoice, the Worker must state his profession, which will also be what is primarily carried out in connection with the employment at FactoFly. If FactoFly's liability insurance does not cover this type of business, the employee will be contacted after his registration to clarify insurance conditions before joining FactoFly.
There will be no affiliation until there is a full and final clarification regarding the employee's insurance situation, including the conclusion of any individual insurance agreement.

The employee will receive a fixed-term employment contract in connection with starting an approved task or sending an invoice. It is only when this has been received by that a final connection has taken place. The terms and conditions that apply to the association appear in these Terms and Conditions and the forwarded fixed-term employment contract.

When the registration has been received and approved by FactoFly, affiliation will take place in accordance with the general affiliation agreement and these terms and conditions.

§ 2 The affiliation for the employee

The employee is associated on the basis of the information that FactoFly receives in connection with the registration and creation of a task or invoice on FactoFly.com or FactoFly.dk. When creating a task or invoice, the Worker must state his profession, which will also be what is primarily carried out in connection with the employment at FactoFly. If FactoFly's liability insurance does not cover this type of business, the employee will be contacted after his registration to clarify insurance conditions before joining FactoFly.
There will be no affiliation until there is a full and final clarification regarding the employee's insurance situation, including the conclusion of any individual insurance agreement.

The employee will receive a fixed-term employment contract in connection with starting an approved task or sending an invoice. It is only when this has been received by that a final connection has taken place. The terms and conditions that apply to the association appear in these Terms and Conditions and the forwarded fixed-term employment contract.

When the registration has been received and approved by FactoFly, affiliation will take place in accordance with the general affiliation agreement and these terms and conditions.

§ 3 Limitation of employment

As an employee, you are associated with FactoFly as an employee. A service relationship does not exist between FactoFly and the Employee, as the conditions for this have not been met.

The employee thus has:

– Not a certain work obligation

- FactoFly does not have the right to manage and distribute your working time and tasks. It says so
the employee is completely free for which tasks he wishes to undertake, whether this is done under his own auspices or for a third party or through FactoFly.

- The employee organizes his own work and thus takes on an indirect part of it
financial risk in connection with the performance of its activity.

– When the Work Assignment is approved by FactoFly, it is done under its supervision and invoiced under its name so that the Worker is covered by FactoFly's insurance in connection with the performance of work. In addition, the worker himself manages and distributes his activity without other instructions from FactoFly.

– The employee's obligation towards FactoFly is limited to the one condition for which the invoice is made

- The employee is not restricted in taking up another profession or performing work for others outside of FactoFly.

Limitation in relation to the individual rules that could be relevant in relation to the employment agreement.

Grazing in relation to the Civil Service Act

The employee is not subject to FactoFly's instructions and the employment relationship is therefore not covered by the Civil Service Act.

Delimitation in relation to the Withholding Tax Act (Promulgation of the Withholding Tax Act):

Section 43 of the Withholding Tax Act does not apply, as it is not personal work in a service relationship. However, the employee requests in connection with this agreement that any settlement be paid as A-tax with withholding and payment of tax on his behalf, cf. § 5 of this contract

Delimitation in relation to the Holiday Act (Announcement of the Holiday Act):

The Holiday Act does not apply as Section 2 of the Holiday Act, "(..., who performs personal work in a service relationship (salaried employee) for remuneration)" is not fulfilled.

Holiday pay is thus not earned, nor is holiday pay paid for what is invoiced and paid through FactoFly.

By express written agreement, the Employee can request that 12.5 % of his salary be transferred to a holiday account. The employee confirms that this is done at his request and does not lead to the employment being covered by the Holiday Act.

Demarcation in relation to the Temporary Agency Act (Act on the legal status of temporary workers when sending out a temporary agency, etc.)

The Temporary Work Act does not apply as the Worker is not associated with the purpose of sending them to user companies, including that the Worker can carry out the work on their own behalf and that the Worker himself has a significant influence on the financial risk and it is therefore not a question of temporary work in the sense of the Act. The Act on temporary workers thus does not apply.

§ 4 Work

The employee is free to carry out work on his own behalf or for a third party outside of FactoFly. The employee also has the right to refuse work tasks that FactoFly may propose, either directly or through other partners.

In the case of new tasks that are to be carried out through FactoFly, this must be notified to FactoFly before the work begins, in order to be covered by the insurance. Upon FactoFly's approval of the task, the employee will receive confirmation of this. New work may not be started before the Worker has received confirmation of the task from FactoFly.

FactoFly has the right to refuse approval of certain work/tasks. It is intended to state why a job/assignment is rejected, but FactoFly is not obliged to state a specific reason. If necessary, the Worker is free to carry out the task on his own behalf under his own name. FactoFly cannot be held liable for rejection of work/assignments regardless of the reason for rejection.

Upon FactoFly's approval of the task, the Worker is obliged to notify the person to be invoiced of this and that payment for the task can only be made with a release effect to FactoFly.

§ 5 Payment of salary

Despite the fact that Section 43 of the Withholding Tax Act does not apply, the Employee hereby requests, upon entering into this agreement, that FactoFly pays remuneration in accordance with this agreement as A-salary with withholding and payment of am contribution and A-tax on behalf of the Employee.

The Employee acknowledges that this is done at his request and that this does not in any way change the Employee's legal position and that the Employee is not thereby covered by the Civil Service Act, the Withholding Tax Act, the Holiday Act or the Temporary Act, cf. § 3 - Delimitation of the employment relationship.

§ 6 Confidentiality

The Employee is obliged not to pass on or use information that the Employee has obtained as a result of his employment, about FactoFly and the Employee's customers/end users, including but not limited to internal matters, trade secrets, including information about methods, techniques, processes, technical drawings, descriptions, recipes, models or the like. Excepted here for is information that the Worker must use in connection with the performance of his task, the invoicing of the task and what may result from applicable legislation. Dissemination and processing of personal information can only take place to the extent that it is necessary for the performance of the task and for invoicing and only in accordance with FactoFly's rules for personal sensitive information. The duty of confidentiality applies both during the employment relationship and after its termination and is not limited in time.

§ 7 Personal information

FactoFly is the Data Controller for all the data processed in connection with this agreement. For a complete overview of which data is processed as the scope of the processing, please refer to the FactoFly Personal Data Policy, which also applies to this employment relationship and is attached as an appendix to this agreement.

If the Employee wants an overview of what information is registered on him or wants to change incorrect or misleading information, this can be obtained by sending a written request to FactoFly, Danneskiold-Samsøes Allé 41, 1434 Copenhagen K

§ 8 Insurance

Provided that the Worker's primary occupation is covered by FactoFly's liability insurance cf. § 2, it is FactoFly's responsibility to ensure that the liability insurance covers the Worker's work, and FactoFly is also responsible for the Worker being covered by occupational accident insurance during the performance of the work.
In order for the Worker to be covered by the insurance, it is a prerequisite that FactoFly has approved the task before it begins, cf. § 4.

If the Employee's primary occupation is not covered by FactoFly's insurance, the specific agreement entered into at the conclusion of the agreement will be those applicable in relation to the Employee's insurance conditions, including any self-payment on the part of the Employee.

§ 9 Disclaimer

FactoFly is exempted from any responsibility that may arise due to the Employee's incorrect indication of main confirmation or if the Employee has otherwise provided incorrect information either in connection with his affiliation or when notifying of upcoming work assignments. Including but not limited to non-payment of compensation due to lack of insurance coverage, non-payment by the end customer due to lack of or non-performance of work.

§ 10 Default

FactoFly reserves the right to terminate the employment relationship with immediate notice and cancel any invoice to the Customer if the Customer disputes the invoice.

FactoFly is also entitled to terminate the agreement with immediate effect in the event of material breach of the agreement by the Employees.

Material breach constitutes but is not limited to:

- The worker has not completed the work or has done it poorly

– The employee has withheld or failed to inform FactoFly of matters that are important or decisive for the performance of the work towards the customer.

– The Employee has withheld or failed to inform FactoFly about matters that are important or decisive in relation to whether the Employee is covered by FactoFly's insurance conditions.

- The employee has acted in bad faith

– The employee has provided incorrect or erroneous information about the task, the scope of the task or other circumstances that will be decisive for FactoFly's decision on the task, could be detrimental to FactoFly and/or the end customer.

 § 11 Set-off and return of salary

If the customer objects to what has been delivered and paid for, FactoFly reserves the right to assert the claim against the Worker if the Worker has acted in a responsible manner or has delivered with significant deficiencies in relation to what was agreed and the customer can document this within the deadlines set by FactoFly or if otherwise is applicable under Danish legislation.

In the event of a defect objection from the customer, FactoFly will ask the Employee for its position on the matter within 4 weeks after the Employee has received notification from FactoFly. If the position from the Employee is not received within the 4-week deadline, FactoFly will assess the matter on the basis of the material received from the customer and any other material that may be available.

FactoFly will try to find a solution through dialogue with the Customer and the Worker.

If this is not possible, FactoFly will assess the case on the basis of the documentation sent by the parties, if a full or partial credit note is given to the customer, FactoFly will demand the overpaid salary back from the Employee.

FactoFly will claim the net salary back from the Employee. The employee must pay back the overpaid salary no later than 10 days after receiving a written demand for this from FactoFly.

FactoFly will make a salary adjustment for the Employee and request a refund of the paid social tax and am contribution from Tax. The employee is obliged to contribute to the payment.

Personal data policy at FactoFly IVS
Ver. 1.0 2020

Vores samarbejdspartners persondatasoplysninger er utrolig vigtig for os, uanset om du er freelancer eller kunde. I dette dokument kan du læse hvordan, at behandlingen af dine personlige oplysninger sker, hvordan vi indsamler dem, hvordan vi bruger dem, hvor længe vi gemmer dem samt hvilke rettigheder du har og hvordan du gør dem gældende.[/vc_column_text][vc_column_text]

Data controller
FactoFly Aps, CVR no. 39781689, Danneskiold-Samsøes Allé 41, 1434 København S, Tel.: +45 81 90 70 90 is the data controller for the information that we have received on you and is processed by this company.

What is personal data and what is the processing of personal data
Personal data is any form of information about an identified or identifiable natural person. Examples of personal data can be, Full name and initials, address, e-mail address, telephone, gender, tax ID, bank details, date of birth, full name and telephone number of relative or next of kin, salary information, photo, information on employment agreement, information on pay slip, data entered in customized fields created by the Customer, which may contain sensitive Personal Information, including health information.
Processing is personal data covers all types of processing including but not limited to collection, registration, storage and disclosure.

What type of personal data do we process?

We process many different types of personal data depending on which of our services you use.

Freelancer at factofly:
As a freelancer/self-employed at FactoFly, (Hereinafter Freelancer, Self-Employed or User) where you use our service to invoice for your service, we process the information that is typical within the framework of an employment relationship. It is Full name and initials, address, email address, phone, gender, tax ID, bank details, date of birth, salary details, photo, employment agreement details, pay slip details, data entered into custom fields created by the User, which may contain sensitive Personal information, including health information.
The processing of this type of information is necessary to be able to invoice the service you have performed and use our service to invoice and to pay you wages. It is also necessary so that we can meet our obligations in connection with your employment, including insurance and trade union/a social security fund as well as information to authorities and payment of taxes.

Customer and supplier
If you are a customer of ours, through delivery from one of our users or you are a direct supplier to Factofly, we process information such as name, CVR no. Address, email, telephone number, correspondence via either Factofly.dk, Factofly.com and any direct correspondence with Factofly. We process this information in order to fulfill our agreement with you, in order to fulfill our legal obligations in relation to the public authorities and to serve our own interests and those of our freelancers.

How we collect your Personal Data

Langt de fleste persondate indsamler vi i forbindelse med, at du opretter en profil på vores hjemmeside samt opretter en faktura eller opgave. I dette tilfælde er det de informationer som du selv giver os. Du kan se hvilke typer informationer vi typisk indsamler under punktet ”Hvilke typer persondate behandler vi”. Den dialog vi har med dig, i forbindelse med at du bruger vores tjeneste, f.eks. vores korrespondance samt oplysninger der kommer i forbindelse med, at du udføre arbejde hos dine kunder såsom eksamenspapirer, autorisationer, sygemeldinger, med mere.[/vc_column_text][vc_column_text]Udover de oplysninger som du selv giver os i henhold til det ovenstående, så modtager vi også en række oplysninger fra tredjemand. Oplysninger som vi modtager fra tredjemand er for eksempel når du opretter og fremsender en faktura til din kunde. I den forbindelse opretter vi dig som ansat hos hos vores lønbureau samt SKAT og modtager i den forbindelse dit skattekort samt skatteoplysninger samt adresseoplysninger som vi skal bruge i forbindelse med at vi afregner din skat og udbetaler din løn.

In addition, we collect information via cookies on our website statistical information about your use of our various services. However, the statistical information is not personally identifiable and cannot be traced back to you as an individual.

What do we use your personal data for:

We use your data in order to fulfill our agreement with you, in addition we must have a legitimate reason to process and use the various data we have on you. We process the data we have on you based on the following principles:

The processing is necessary for the execution of the contract with you

The data we process is necessary for the fulfillment of our agreement with you. In addition, there are a number of principles that must be met in the various situations where we process your personal data. You can see which data we process, how and for what purpose below.

Purpose
To be able to fulfill our agreement with our customer

Type of personal data
Full name and initials, address, email address, phone, gender, tax ID, bank details, date of birth, salary details, photo, employment contract details, pay slip details, data entered into custom fields created by the Customer

Example of our processing of your data
For processing your agreement, payment of salary, Identification in relation to tax and settlement of tax. Identification in relation to insurance and other matters to ensure your rights as a user.

The prerequisite for the treatment:
The processing of your data takes place on the basis of your consent in connection with you creating a profile on our service. In addition, the processing is necessary to be able to complete our agreement with you and the administration involved in that, including the invoicing of your customers.

Purpose
In order to be able to invoice our user's services to the customer

Type of personal data
Customer's name, address, CVR. no. Service that is invoiced, invoice information, agreement and basis of agreement, correspondence between the customer and our user, objections.

Example of our processing of your data
Sending an invoice for work done, handling payment, creating and entering into an agreement between our user and the customer

The prerequisite for the treatment:
Behandlingen af date er nødvendig for at kunne indgå aftale samt fakturerer og håndterer betaling fra kunden.[/vc_column_text][vc_column_text]Purpose
To be able to fulfill our legal obligations

Type of personal data
Full name and initials, address, email address, phone, gender, tax ID, bank details, date of birth, salary details, photo, employment contract details, pay slip details, data entered into custom fields created by the Customer

Example of our processing of your data
Reporting and payment of tax, VAT, employer contribution, etc. Compliance with money laundering legislation. Information on working hours for unemployment benefits.

The prerequisite for the treatment:
The processing is necessary so that we can fulfill the legal obligations we have as an employer and towards public authorities, including but not limited to the Accounting Act.

Purpose
To be able to handle customer enquiries, complaints and customer questions

Type of personal data
Full name and initials, address, email address, phone, gender, tax ID, bank details, date of birth, salary details, photo, employment contract details, pay slip details, data entered into custom fields created by the Customer

Example of our processing of your data
Handling customer inquiries via phone, chat, e-mail and social media. To be able to help users with technical support, general or specific support, advice, complaints, disputes/disagreements, etc.

The prerequisite for the treatment:
The processing is necessary so that we can fulfill our agreement with you and in relation to and in relation to the customers you have invoiced. The processing is also necessary to ensure the correct use of the system and the minimization of errors. The processing is also necessary in order to provide good customer service to users, customers and other stakeholders.

Purpose
To be able to market our service, factofly.com and other similar sites belonging to Factofly Aps.

Type of personal data
Name, E-mail, phone number, IP address, previous purchase history, industry and rating

Example of our processing of your data
Dispatch of marketing material per e-mail, Use of cookies to advertise our service on other web pages you visit

The prerequisite for the treatment:
The processing is necessary in order to meet FactoFly IVS's legitimate interest in being able to market its services, inform about new measures, news in general and the launch of new products.

Who do we share your personal data with?
At Factofly Aps, we take very good care of your personal data and, as a rule, do not share it with others, neither individuals nor companies. There may well be specific cases where it is necessary for us to share your data.

Legal entities with an independent personal data processing responsibility to the extent that information is shared with them, it will be their personal data policy that will apply.

The legal persons with whom it may be necessary to share your information will be: State authorities such as Skak, the Norwegian Working Environment Authority as well as insurance companies, payroll processing agencies and the police in case of specific suspicions of illegality. The sharing of this information is necessary for us to complete our agreement with you and to comply with applicable legislation.

In order to be able to offer our services and to fulfill our obligations under the agreement with you, we share certain information with other independent legal entities. These are companies that help us with things like marketing, IT, debt collection and insurance. In order to secure your information, we sign agreements with them so that your information is processed in accordance with this agreement and according to the purpose for which it was collected.

In order for us to be able to offer our service and fulfill our obligations under the agreement with you, we share some of your personal information with companies that help us, e.g. with marketing, IT solutions, debt collection cases, etc. These companies are personal data assistants to us and we sign agreements with them to ensure that they only process your information in accordance with our instructions and for the purpose for which it was collected.

Suppliers in non-EU/EEA countries
When choosing suppliers, we always aim to cooperate with companies that operate in an EU/EEA country. To the extent that this is not possible and in connection with a collaboration we transfer your personal information to third countries, we take the necessary measures to ensure that the level of protection is at least the same level as applies as a result of the rules in the EU/EEA.

How long we store your personal information

We store your information for as long as is necessary to ensure the purpose for which it was collected. This applies to both information that is entered in connection with you registering with FactoFly as well as the information that is collected in connection with your use of our services.
The information is used for different things and it is therefore also different how long it is stored and what our legal obligations are.
We have to store your information in order to fulfill our employer's obligation, to be able to handle any objections to deficiencies from your customers as well as our obligations according to the Bookkeeping Act.

How we protect your personal data
We have taken the necessary technical and organizational precautions to secure your information. Including securing our IT systems against illegal and unauthorized access, encryption, backup and ensuring that only people who have access to your information in accordance with this agreement.

Your rights as registered
As registered with us, you are guaranteed certain rights in accordance with current legislation.
We have listed below which rights you have and what this means.
If you wish to make use of these rights, you must use our contact details which you will find at the end of our personal data policy. We are obliged to secure your identity and in this connection may ask for further information from you before we can process your enquiry.
We aim to complete your request within 30 days of receiving all relevant information from you.

Right to extracts
You have the right to get a list of which personal data about you we have and process. The request must be in writing and signed by you sent to the address at the end of this document. Your information will be sent to your national register address.

Right to rectification
If the information we have on you is incorrect, you have the right to have it corrected. If you believe that we are missing certain information that is relevant in relation to our processing of your information and the purpose of processing this, you have the right to have it added.
You have the option to correct your information yourself by logging in to Factofly.com.

If you have corrected your information, we will ensure that those who have registered corresponding rights, unless this is not possible or associated with a disproportionately large effort. You can request to be informed of who we have asked to correct your information. This must be done in writing to the address below.

Right to erasure
You have the right to have your information deleted.

In certain cases, your information must be deleted, that is when:

– When the data is no longer necessary for the purpose for which it was collected
– If the processing is based solely on your consent and it is withdrawn
– If the processing is for direct marketing and you oppose such processing
– If the personal processing is contrary to applicable legislation
– If deletion is required to fulfill a legal obligation

There may be certain legal obligations that prevent us from deleting certain personal data. These obligations may stem from, for example, the Bookkeeping Act, the Accounting Act, tax legislation or consumer legislation. It may also be that the processing is necessary for us to secure, assert or defend legal claims.

If you have deleted your information, we will ensure that those who have registered it delete this unless it is not possible or associated with a disproportionately large effort. You can request to be informed of who we have asked to delete your information. This must be done in writing to the address below.

Right to object
You have the right to object to our processing of your data. If you make an objection, we can only continue to process the data in question if we have compelling reasons to continue the processing and if these outweigh your interest in the processing stopping. We will notify you if we believe we have compelling reasons to continue processing your information. Despite your objection, we can still process your data, provided that this is done in accordance with applicable legislation or to meet or defend legal requirements.
If your data is processed for direct marketing purposes, you can object to the processing at any time. Direct marketing is all forms of outreach marketing measures such as direct e-mail, SMS and post. If you object to this type of processing, we will stop processing your information for that purpose.

Right to Data Portability
When you have registered personal data with us, under certain conditions you have the right to transfer and reuse this information for your own purposes and across other services of other data controllers. The information that you can transfer is the information that you have provided yourself in connection with your registration as well as the information that we collect in connection with your use of our service to the extent that it can be linked specifically to your person.

Access to complaints
If you believe that your personal information is being processed in breach of applicable legislation or your consent, you have the right to lodge a complaint with FactoFly or the Danish Data Protection Authority.

Change of personal data policy
FactoFly reserves the right to change and update the personal data policy if deemed necessary. The current version will always be available on our website.
In the event of changes that will have a decisive impact on our processing of your personal data, this will be notified no later than 30 days before the change on the email we received in connection with your registration.

Cookies
In connection with your visit to our website, we use cookies. We do this in order to give you the best possible experience, adjust the information we show you for the greatest possible relevance and analyze how you use our service. We also use cookies in connection with marketing to you both here and on other sites you visit.
A cookie is a small file that is stored in your web browser in connection with your visit.

Contact information for the data controller
FactoFly Aps
Danneskiold-Samsøes-Samsøes Allé 41
1434 Kbh K
CVR: 39781689
Telephone: +45 81 90 70 90
Email: Contact@factofly.com

Data Protection Officers
The data protection officer checks that we process your information in accordance with the applicable legislation, your consent and the purpose of the processing of your personal data.

The data protection officer can be contacted at dpo@factofly.com