Terms of Use

By using the Service, you accept the following Terms and Use. Note that this text is translated from Swedish and that the original text is used in any legal matters.

1 Definitions

The User referred to is the person and the company that the User represents that are using the service. The System Supplier referred to is the party with technical responsibility for the Service; Primona AB (556583-2374), Kungsgatan 35, 111 56 Stockholm, Sweden. The Customer referred to is the company, organisation or authority that handles e.g. enquiries, management of the agreement, management of the price list, orders and invoices, through the Service. The Service provides the system Kommers Annons eLite and the functions that are described under the scope of Base Functionality or Extended Services. Extended Services provide additional services that have been ordered specifically by the User. Technical Support is the help that is offered to the User by the System Supplier.

2 Scope of Base Functionality

The Base Functionality consists of all those functions available free of charge without the User needing to sign any agreement for Extended Services. The Base Functionality assumes, in some cases, that the Customer owns a license for a corresponding functionality in the purchasing system (Kommers). The Base Functionality also includes functionality available without logging in. The Base Functionality may be subject to change as the Service is undergoing continual improvement.

3 The right to use the Service

The right to use the Base Functionality in the Service is granted until further notice. The User has the right to unregister at any time. The System Supplier has, on their own initiative or on a Customer’s initiative, the right to disconnect a User from the system, if the User does not follow the Terms and Conditions of the Service. The same Terms and Use apply for Extended Services, however with additional specific Terms and Conditions, in accordance with the paragraph regarding Terms and Conditions for Extended Services.

3.1 Unethical Use

The System Supplier has the right to immediately deactivate a User’s account should he/she write or upload illegal or unethical material that is e.g. explicit, offensive, insulting, threatening or obscene, or that is designed to violate or disparage other Users or companies. Serious abuse of the Service will be reported to the police.

3.2 This occurs at suspension

If the User uses the Service in a way other than described under paragraph 2 or disobeys the Terms of Use or in another way abuses the use of the Service, the System Supplier has the right to close the User's account and terminate access to the Service. It will then no longer be possible to log on. The User will be informed about such a suspension and the reason thereto, in a separate email to the User.

3.3 Further Sale of Information

Public information that the User can download through the Service can be meditated to a third-party free of charge. However, the information may not be further sold to a third-party without the System Supplier’s approval.

4 Limited Responsibility

4.1 Accuracy of the Information

The information about e.g. procurements and orders that is provided through Kommers Annons eLite is in accordance with the information provided by the Customer. The System Supplier does not check the accuracy or the completeness of the information and disclaims all responsibility as regards making such checks. The System Supplier only corrects information on behalf of the Customer.

The System Supplier shall not be responsible for any direct or indirect damage or consequential damage related to the Service, including loss of profit or similar, even if the System Supplier was informed about the possibility of such a loss.

4.2 Feedback about Inaccurate Information

Inaccurate information found by the User shall primarily be communicated to the Customer, and then secondly to the System Supplier, as soon as the inaccuracy is found by the User.

4.3 Delivery of email cannot be guaranteed

Delivery of email sent from the system cannot be guaranteed to reach the end User, as email may be caught up in spam-filters or not forwarded for other reasons outside the control of the System Supplier. The System Supplier disclaims responsibility for email that has not arrived. The User is responsible for regularly logging in and checking if any changes have been made in a case, e.g. while waiting for the contract award decision.

4.4 Complete monitoring cannot be guaranteed

The System Supplier cannot guarantee complete coverage for new procurements, when using the monitoring service for new procurements. The system cannot automatically handle synonyms, alternative terms, does not take into consideration incorrect category codes such as CVP or NUTS or any potential misspellings in the procurement text. The Service does not filter out irrelevant procurements that incorrectly match the monitoring settings. The System Supplier shall not be held responsible for any lost business opportunities in use of the Service, e.g. due to missed email notifications, non-delivered email notifications, or incorrect filtration.

4.5 Third-Party Products

The System Supplier is not responsible for and cannot remedy errors that occur in third-party products such as web browsers, office software products, document readers or similar. The recommended web browser is the latest version of:

  • Microsoft Internet Explorer / Edge
  • Google Chrome
  • Mozilla Firefox

A User experiencing a problem in the Service should first check that they are using one of the recommended browsers before contacting Technical Support.

4.6 User Authentication

The User is responsible for providing his/her true identity him/herself as a legally valid representative for the organisation she/he claims to represent. Deliberately providing incorrect information may result in the User being banned from using the Service. Abuse of the Service can result in a report being made to the police.

4.7 Secure Password

The User is solely responsible for selecting a secure password.

5 Security, Availability and Data Management of the Service

5.1 Disruptions to Service

The Service is available around-the-clock apart from scheduled maintenance. Scheduled maintenance will be notified on the Service news page. In addition to scheduled maintenance, the System Supplier reserves the right to implement urgent maintenance and modifications at any time and without advance notice. However all such maintenance is implemented in the best possible way so as to affect the use of the Service as little as possible.

As a consequence of the above, the User shall:

  • Pay attention to information about planned maintenance on the news page for the Service.
  • Submit tenders in good time.

5.2 Confidentiality

The Service is available around-the-clock apart from scheduled maintenance. Scheduled maintenance will be notified on the Service news page. In addition to scheduled maintenance, the System Supplier reserves the right to implement urgent maintenance and modifications at any time and without advance notice. However all such maintenance is implemented in the best possible way so as to affect the use of the Service as little as possible.

5.3 Copyright and IP rights

The System Supplier has the right to use information provided by the User, provided such information is considered to be public information. In case of public procurements the common practice is that information is public as soon as the award decision has been made, except for classified information.

Kommers eLite and its logo are trademarks that shall not be reproduced, published, distributed or in any another way used, without written consent from the System Supplier. The System Supplier retains, under all circumstances, the ownership, copyright and any other intellectual property rights to the system and its websites.

5.4 Reference to the original resource

If public information is retrieved from the service to another service or website it should clearly state that the source for the information is Kommers eLite and give the exact shortcut (URL) to the source of the information. If this is overlooked there is a risk that the tenderer doesn’t receive updated information on an ongoing public procurement. The System Supplier disclaims all responsibility for information that is taken from the service that the User finds on a third-party’s website.

5.5 Logging

All User activities in the Service are logged in order for the System Supplier to track errors. To guarantee confidentiality in procurement customers do not have access to these logs. If a legal dispute should occur between a User and a Customer, the System Supplier may need to hand over system logs about the User to the Customer e.g. in an appeal case. However, system logs are never exposed during an ongoing procurement.

The System Supplier uses statistics in a composed/aggregated form as regards Users/traffic and traffic suppliers. Such statistics never contain any personal information. When a User registers on the Service some of the information about the User is logged and stored as a security precaution.

5.6 Cookies

The System Supplier uses cookies to improve user experience of the Service and to personalise some of the content. A cookie is a small text file that is sent from the Service’s web server, to be saved in the User’s web browser. Cookies help the Service remember that you visited the website earlier.

Users can delete cookies from their hard drive at any time, however this will delete personal settings in the Service. Users can change the settings in their web browser so that cookies are not stored on the hard drive. However, this will limit the functionality of some pages in the Service and cause some functions to be unavailable.

5.7 Privacy

To use the Service the User must register with the correct company information including Corporate Identity Number and email address.

The User is responsible for ensuring this information is correct and up-to-date. By using the Service the User accepts that the information is used to inform the Customer about the User, their contact details, possible record of invoice payment (used only when the invoicing function is used), and information about product/service offer.

Furthermore, the User accepts that the information in any monitoring profile or any supplier check may be used by other Customers. Apart from this, the System Supplier will not disclose any information to a third-party without approval from the User. An exception being when the law requires disclosure of information.

5.8 Personal Data

The User agrees that the submitted personal data will be handled by the system vendor and the customer in accordance with the Data Protection Regulation (GDPR) applicable as law in all EU member states as of May 25, 2018. The system vendor confirms that personal data is safely stored and used only for the purpose service is intended for. Approval of Processing of Personal Data under the Data Protection Regulation is made separately and after these Terms of Service have been accepted.

5.9 Changes

The System Supplier reserves the right to make changes to the Service configuration and its functionality. Furthermore, the System Supplier has the right to make changes to the Terms and Conditions of the Service as well as the technical and administrative routines that apply. Such amended conditions will take immediate effect. Current Terms and Use can always be accessed within the Service.

5.10 Links to Other Services

Some functions in the Service further link to other external services. These services may have different Terms and Use.

5.11 Force Majeure

If the System Supplier is prevented from fulfilling its obligations according to the Terms and Use because of circumstances beyond control of the party, e.g. lightning, labour dispute, power cuts, fire, government regulations, system failures or lack of availability of external work, this shall constitute relief that entails postponements of time for delivery and exemption from fines or other possible penalties.

6 Cost of the Service

6.1 Cost of Base Functionality

Use of the Service’s Base Functionality is free of charge. The System Supplier reserves the right to change the business model and possibly charge for certain functions or services that today are free of charge. In such cases, an announcement will be made in advance and no charge will be levied unless the User orders that particular function or service.

6.2 Cost of Extended Services

Costs for Extended Services are as stated in the separate contract that comes into effect when signing up for any Extended Service, see the paragraph regarding Terms and Use for Extended Services.

6.3 Access to Technical Support

The User of the Service has access to Technical Support. Questions for Technical Support can be sent via the contact form (Contact us) which is a part of the Service. Questions are answered as soon as possible.

Please note that Technical Support cannot answer questions regarding the content of procurements or other information that is provided by the Customer. For these questions please contact the Customer directly. During an ongoing procurement, or application, use the "Questions and Answers" function available in the Service until the last day for questions, as indicated in the notice information. If other dates or contact channels are indicated in the contract documents, the Customer must be contacted in accordance with those instructions.

7 Terms of Use for Extended Services

Extended Services are services and functions for the User beyond the Base Functionality. The specific Terms and Use for these services are accepted when signing for the extended service.

7.1 Terms of use for Extended Services

The right to use Extended Services is in accordance with a separately signed contract. The System Supplier has the right, at all times, to cease offering the Extended Service to the User in the case of absence of payment in accordance with the contract.

7.2 Promotional Campaigns

The System Supplier has the right, during campaigns, to offer the User an Extended Service on a trial basis, free of charge, for a limited period of time. Should the User wish to take advantage of the service it will be possible to sign a separate contract for use of the Extended Service, including its additional Terms and Use and agreed cost. The System Supplier has the right to withdraw access to the Extended Service following expiration of the trial, should no contract have been agreed upon. The System Supplier has the right to completely cease offering the Extended Service or or to include it as part of the Base Functionality.

7.3 Transfer of Extended Services

The User is not permitted to hand over Extended Services to another User without prior written approval from the System Supplier. Such approval assumes that the new User accepts the general Terms and Use and the additional Terms of Use that apply for the Extended Service.

When changing email address, a new user account must be created. If a license for an Extended Service exists please contact Technical Support.

8 Legal Disputes

Disputes regarding interpretation or implementation of the Terms and Use shall be determined by a Swedish court under Swedish law, which in the first instance will be Stockholm District Court.

Handling of personal data

By using the Service you accept as User the following terms.

1. Handling of personal data

The General Data Protection Regulation, or GDPR, as it is also called, contains rules on how to process personal data.

By agreeing to these terms, you agree that the account information you registered is treated as personal data within the applicable data protection regulation.

We need to store and process personal information about you in order to handle communications that is required in a customer-supplier relationship.

You are responsible for the information that are registered in your account and the portal does not allow other tasks to be added other than those that arise if you retrieve documentation, submit bids or perform other active actions. You are also responsible for the personal information you may provide on the portal in connection with the submission of tenders or other actions. This means that you are responsible for all the personal data you provide in a tender, on an agreement, in a message, on an invoice or other on the portal.

The personal data being processed are name, e-mail address, address, phone number and, in some cases, personal identification numbers. Even the events and activities associated with personal data are stored and processed within the context of what the service is intended for. Sensitive Personal Data is not allowed to be registered or processed without special agreement between the parties.

We apply at any time applicable privacy laws to all processing of personal data and ensure that they are stored and handled safely. The legal basis for processing your personal information is your consent. You can, when completely withdraw your consent, your personal information will be removed or anonymized unless there are other legal grounds for retaining them for a period of time. An example of this is if you submitted a tender, signed a document, confirmed an order or equivalent. Then that information will remain for a while to ensure the business relationship. Your data will eventually be deleted by inactivity in the portal. Before this happens, you will receive a reminder with the option to choose to keep your account active.

The personal data we process is not shared further, but is used exclusively by contracting/ordering organization or by Primona AB in order to communicate with you within the scope of the service.

We may also share personal data with a third party, provided we are required to do so by law.

You are the person responsible for the processing of personal data on the portal. Primona AB is a personal data counselor and processes the tasks on behalf of the Data Protection Officer in order for the service functions to be utilized. Registration and processing may only take place within the scope of the service, as specified in these terms.

You are entitled to receive information about the information we have about you, make a correction or request that we limit your treatment or to object. You can also request deletion of your data. Smoothest and free of charge, do this by signing in to the portal and on your supplier pages. View your information, make corrections and, if necessary, withdraw your consent and disable your account.

You can also contact the contracting organization or Primona AB via the contact details on the portal. Note that for services other than statutory law, Primona is entitled to charge for work performed.

If you have complaints about our processing of your personal data, you are entitled to file a complaint with the Data Inspectorate.

Read more about GDPR on the Swedish Datainspektionen website.