Application of terms
These Terms apply to your use of the Service (as defined below) which includes the Accurro Four App. By registering for the Service and/or accessing or using the Service; you agree to these Terms and our Privacy Policy. Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms and our Privacy Policy on that person’s behalf and that, by agreeing to these Terms and our Privacy Policy on that person’s behalf, that person is bound by these Terms and our Privacy Policy.
If you do not agree to these Terms or do not agree to our Privacy Policy, you are not authorised to access and use the Service, and you must immediately stop doing so.
If the processing of Visitor or Employee Data is governed by the GDPR (as defined below), the additional terms in our Data Processing Addendum (as defined below) also form part of these Terms.
Changes
We may change these Terms by uploading a revised policy onto our website (www.fourvm.com) (the website). You are responsible for ensuring you are familiar with the latest Terms. Unless stated otherwise, the change will apply from the date that we upload the revised Terms. By continuing to access and use the Service from the date on which the Terms are changed, you agree to be bound by the changed Terms.
Interpretation
In these Terms:
Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the Software. Your Confidential Information includes the Visitor or Employee Data.
Data Processing Addendum means the Accurro Data Processing Addendum (Visitor/Employee Data).
Fees means the applicable fees set out on our pricing page on the Website or as agreed otherwise in writing between you and us, as may be updated from time to time.
Force Majeure means an event that is beyond the reasonable control of a party, excluding an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or a lack of funds for any reason.
GDPR means the General Data Protection Regulation of the European Union.
including and similar words do not imply any limit.
Intellectual Property Rights includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
Invited User means any person, other than you, that uses the Service for administrative functions with your authorisation from time to time, including your staff members.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
a party includes that party’s permitted assigns.
a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
personal information means information about an identifiable, living person.
personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us.
Service means the service having the core functionality described on the Website, as the Website is updated from time to time and includes the Accurro Four App.
Software means the software owned by us (and our licensors) that is used to provide the Service and includes the Accurro Four App.
Start Date means the date that you register or first access or use the Service, whichever is the earlier.
Accurro Four App means any software, web or mobile application provided by us for use in connection with the Service, including any enhancement or modification.
Terms means these terms titled Accurro Four terms of service.
Underlying Systems means the Software, IT solutions, systems and networks (including software and hardware) used to provide the Service, including any third party solutions, systems and networks.
We, us or our means Accurro Limited, UK company number 4478851.
Website means the internet site at www.fourvm.com, four.accurro.com or such other site notified to you by us.
Year means a 12-month period starting on the Start Date or the anniversary of that date.
Your Data means all data, content, and information (including personal information) owned, held, used or created by you, by Invited Users or by Visitors that is stored using, or inputted into, the Service, including Visitor or Employee Data.
You or your means you or, both you and the other person on whose behalf you are acting.
Visitors means visitors or employees that you require to sign in using the Service when they visit or attend work at your premises.
Visitor or Employee Data means personal information about your visitors or employees that is stored using, or inputted into, the Service.
Words in the singular include the plural and vice versa.
A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
Provision of the service
We must use reasonable efforts to provide the service:
in accordance with these Terms and UK Law; and
exercising reasonable care, skill and diligence; and
using suitably skilled, experienced and qualified personnel.
Our provision of the Service to you is non-exclusive. Nothing in these Terms prevents us from providing the Service to any other person.
We must use reasonable efforts to ensure the Service is available on a 24/7 basis. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. We must use reasonable efforts to publish on the Website advance details of any unavailability.
Through the use of web services and APIs, the Service interoperates with a range of third party service features. We do not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.
If your bandwidth usage on the Service significantly exceeds the average bandwidth usage of the Service, as determined by Accurro Four, we reserve the right to limit your bandwidth to the Service.
Your obligations
You and the Invited Users and Visitors must:
Use the Service in accordance with these Terms solely for; your own internal business purposes in the case of you and your Invited Users, personal use in the case of your Visitors, lawful purposes, and not resell or make available the Service to any third party, or otherwise commercially exploit the Service.
When accessing the Service, you and the Invited Users and Visitors must:
Not impersonate another person or misrepresent authorisation to act on behalf of others or us, correctly identify the sender of all electronic transmissions, not attempt to undermine the security or integrity of the Underlying Systems.
Not use, or misuse, the Service in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Service, not attempt to view, access or copy any material or data other than that which you are authorised to access and to the extent necessary for you to use the Service in accordance with these Terms.
Not use the Service in a manner, nor transmit, input or store any data, content or information, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading.
You must:
use the Accurro Four App solely in conjunction with the Service.
not copy (except for your own back-up purposes), reproduce, translate, decompile, reverse-engineer, resell, modify, vary, sub-license or otherwise deal in the Accurro Four App except to the extent expressly permitted by any law or treaty where that law or treaty cannot be excluded, restricted or modified by these Terms.
ensure the Accurro Four App is protected at all times from misuse, damage, destruction or any form of unauthorised use, copying or disclosure.
maintain all proprietary notices on the Accurro Four App.
not transfer, assign or otherwise deal with or grant a security interest in the Accurro Four App.
notify us in writing immediately after you become aware of any circumstances which may suggest that any person may have unauthorised knowledge, possession or use of the Accurro Four App.
You must ensure that you install and use the most recent version of the Accurro Four App in accordance with our instructions. We will not be liable for any loss or damage that may result from you failing to comply with this clause.
You must procure each Invited User’s compliance with these Terms and each Visitor’s compliance with these Terms and any other reasonable condition notified by us to you from time to time.
A breach of any of these Terms by your personnel is deemed to be a breach of these Terms by you.
You are responsible for procuring all licences, authorisations and consents required for you and your Invited Users and Visitors to use the Service, including to use, store and input Your Data into, and process and distribute Your Data through, the Service
Your data
you acknowledge that:
we may require access to Your Data to exercise our rights and perform our obligations under these Terms; and
to the extent that this is necessary, we may authorise a member or members of our personnel to access Your Data for this purpose.
You must arrange all consents and approvals that are necessary for us to access Your Data.
You acknowledge and agree that in collecting, holding and processing Visitor or Employee Data through the Service, we are acting as the data processor for the purposes of the GDPR. The additional terms in the Data Processing Addendum also form part of these Terms. You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process Visitor or Employee Data in accordance with these Terms and, if applicable, the Data Processing Addendum.
We will take standard industry measures to back up Your Data stored using the Service.
You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any of Your Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that Your Data is Objectionable, incorrect or misleading.
Fees
You must pay us the Fees.
We will provide you with a valid VAT invoice one month prior to the due date for payment or as otherwise agreed in writing with you.
All Prices are exclusive of VAT unless expressly stated otherwise. If VAT is payable by us on any sale, you must pay us an amount equal to the VAT at the same time as payment is due.
You must pat the Fees; by the later of the 20th of the month following the (1) Start Date or the relevant anniversary of the Start Date or (2) date of our invoice and electronically in cleared funds without any set-off or deduction.
We may increase the Fees by giving at least 30 days’ notice. If you do not wish to pay the increased Fees, you may terminate these Terms and your right to access and use the Service on no less than 10 days’ notice, provided the notice is received by us before the effective date of the Fee increase. If you do not terminate these Terms and your right to access and use the Service in accordance with this clause, you are deemed to have accepted the increased Fees.
The Fees are non-refundable. There will be no refunds or credits given for partial months of Service, no upgrade/downgrade refunds, and no refunds for months unused with an open account.
Intellectual property
All Intellectual Property Rights in, the Service, the Website, and all Underlying Systems is and remains the property of us (and our licensors). You must not dispute that ownership.
Title to, and all Intellectual Property Rights in, Your Data (as between the parties) remains your property. Subject to the Data Processing Addendum (if applicable), you grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate Your Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
To the extent not owned by us, you grant us a royalty-free, transferable, irrevocable and perpetual licence to use for our own business purposes any know-how, techniques, ideas, methodologies, and similar Intellectual Property used by us in the provision of the Services.
To the extent not owned by us, you grant us a royalty-free, transferable, irrevocable and perpetual licence to use for our own marketing purposes your Company Name and Logo.
If you provide us with ideas, comments or suggestions relating to the Service or Underlying Systems all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and we may use or disclose the feedback for any purpose.
You acknowledge that the Service may link to third party websites that are connected or relevant to the Service. Any link from the Service does not imply that we endorse, approve or recommend, or have responsibility for, those websites or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites.
Confidentiality
Each party must, unless it has the prior written consent of the other party keep confidential at all times the Confidential Information of the other party.
Each party must effect and maintain adequate security measures to safeguard the other party’s Confidential Information from unauthorised access or use; and disclose the other party’s Confidential Information to its personnel or professional advisors on a need to know basis only and, in that case, ensure that any personnel or professional advisor to whom it discloses the other party’s Confidential Information is aware of these Terms.
The obligation of confidentiality does not apply to any disclosure or use of Confidential Information for the purpose of:
performing a party’s obligations, or exercising a party’s rights, under these Terms
required by law (including under the rules of any stock exchange)
which is publicly available through no fault of the recipient of the Confidential Information or its personnel
which was rightfully received by a party from a third party without restriction and without breach of any obligation of confidentiality or
by us if required as part of a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms no less restrictive than this clause
Warranties
Each party warrants that it has full power and authority to enter into, and perform its obligations, under these Terms.
To the maximum extent permitted by law:
our warranties are limited to those set out in these Terms, and all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise are expressly excluded and, to the extent that they cannot be excluded, liability for them is limited to £1.00 GBP.
we make no representation concerning the quality of the Service and do not promise that the Service will meet your requirements or be suitable for a particular purpose, including that the use of the Service will fulfil or meet any statutory role or responsibility you may have or be secure, free of viruses or other harmful code, uninterrupted or error free.
You agree and represent that you are acquiring the Service, and accepting these Terms, for the purpose of a business and that any applicable consumer protection legislation does not apply to the supply of the Service or these Terms.
Where legislation or rule of law implies into these Terms a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in these Terms. However, our liability for any breach of that condition or warranty is limited, at our option, to supplying the Service again; and/or paying the costs of having the Service supplied again.
Liability
Our maximum aggregate liability under or in connection with these Terms or relating to the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not in any Year exceed £1.00 GBP. The cap in this clause includes the cap set out in all other clauses.
Neither party is liable to the other under or in connection with these Terms or the Service for any loss of profit, revenue, savings, business, use, data (including Your Data), and/or goodwill or consequential, indirect, incidental or special damage or loss of any kind. This clause does not apply to limit your liability to pay the Fees or limit your ability under the indemnity clause in Your Data.
The above clauses do not apply to limit our liability under or in connection with these Terms for:
personal injury or death.
fraud or wilful misconduct or
a breach of confidentiality.
Neither party will be responsible, liable, or held to be in breach of these Terms for any failure to perform its obligations under these Terms or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under these Terms, or by the negligence or misconduct of the other party or its personnel.
Each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with these Terms or the Service.
Term, termination and suspension
Unless terminated under this clause, these Terms and your right to access and use the Service:
starts on the Start Date; and
continues until a party gives notice that these Terms and your access to and use of the Service will terminate on the expiry of that notice.
Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use the Service if the other party:
Breaches any material provision of these Terms and the breach is not remedied within 14 days of the receipt of a notice from the first party requiring it to remedy the breach; or capable of being remedied.
becomes insolvent, liquidated or bankrupt, has an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed, becomes subject to any form of insolvency action or external administration, or ceases to continue business for any reason.
You may terminate these Terms and your right to access and use the Service in accordance with the terms stated in the Fees clause.
Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
On termination of these Terms, you must pay all Fees for the provision of the Service prior to that termination.
No compensation is payable by us to you as a result of termination of these Terms for whatever reason, and you will not be entitled to a refund of any Fees that you have already paid.
Except to the extent that a party has ongoing rights to use Confidential Information, at the other party’s request following termination of these Terms but subject to the next below clause, a party must promptly return to the other party or destroy all Confidential Information of the other party that is in the first party’s possession or control.
On termination of these Terms, we may, at our sole discretion, elect to retain Your Data in suspense for up to 6 months (which means that Your Data may be able to be recovered if you subsequently restart the Service) or delete or anonymise all of Your Data from our Service. We give no guarantee that Your Data can be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that Your Data which you require is backed-up or replicated before cancellation. You acknowledge that we are unable to supply a complete copy of Visitor images and signature records whether before or after termination.
Without limiting any other right or remedy available to us, we may restrict or suspend your access to and use of the Service and/or delete, edit or remove relevant data if we consider that you or any of your personnel have:
undermined, or attempted to undermine, the security or integrity of the Service or any Underlying Systems.
used, or attempted to use, the Service for improper purposes or in a manner, other than for normal operational purposes, that materially reduces the operational performance of the Service.
transmitted, inputted or stored any data (including Your Data) that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is or may be Objectionable, incorrect or misleading.
otherwise materially breached these Terms.
General
Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.
No person other than you and us has any right to a benefit under, or to enforce, these Terms.
For us to waive a right under these Terms, that waiver must be in writing and signed by us.
We are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
By using the service you opt in to receive communication emails for but not limited to notification and support purposes.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
Subject to our Cancellation and Changes Terms any variation to these Terms must be in writing and signed by both parties.
These Terms set out everything agreed by the parties relating to the Service, and supersede and cancel anything discussed, exchanged or agreed prior to the Start Date. The parties have not relied on any representation, warranty or agreement relating to the Service that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date.
You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.
Processing of visitor or employee data
With respect to the Processing of Visitor or Employee Data under the Terms:
you act as the Data Controller,
we act as the Data Processor,
we may engage the Sub-Processors listed in Appendix 2.
We will comply with all Applicable Data Protection Laws that apply to our Processing of Visitor or Employee Data on your behalf, including all EU Data Protection Laws that apply to Data Processors.
You must, when using the Service, comply with all Applicable Data Protection Laws that apply to your Processing of Visitor or Employee Data, including all EU Data Protection Laws that apply to Data Controllers.
You instruct us to Process Visitor or Employee Data and in particular to transfer Visitor or Employee Data to any country or territory:
as reasonably necessary to provide the Service in accordance with the Terms, as initiated through the use of the Service by you, your Personnel and other end users you allow to use the Service, and
to comply with any further instruction from you (including by email or through our support channels) that is consistent with these Terms.
These Terms are your complete and final instructions for the Processing of Visitor or Employee Data as at the time this Addendum takes effect. Any additional or alternate instructions must be agreed between us and you separately in writing.
We will not Process Visitor or Employee Data other than on your Instructions unless required by any law to which we are subject, in which case we will to the extent permitted by applicable law inform you of that legal requirement before we Process that Visitor or Employee Data.
As required by article 28(3) of the GDPR (and, if applicable, equivalent requirements of other Applicable Data Protection Laws), the nature and purpose of the Processing, the types of Visitor or Employee Data and categories of Data Subjects Processed under this Addendum are set out in Appendix 1. We may amend Schedule 1 from time to time on written notice to you as we reasonably consider necessary to meet the requirements of the GDPR (and applicable equivalent requirements of other Applicable Data Protection Laws).
The duration of Processing is limited to the duration of the Terms and the 6 month period following termination of the Terms. Our obligations in relation to Processing will continue until the Visitor or Employee Data has been properly deleted or returned to you in in accordance with these Terms.
You are solely responsible for ensuring that your Instructions comply with Applicable Data Protection Laws. It is also your responsibility to enter into data processing agreements with other relevant Data Controllers in order to allow us and our Sub-Processors to Process Visitor or Employee Data in accordance with these Terms.
If, in our reasonable opinion, an Instruction infringes Applicable Data Protection Laws, we will notify you as soon as reasonably practicable.
Data subject requests
To the extent permitted by law, we will notify you promptly if we receive a request from a Data Subject to exercise the Data Subject’s rights under Applicable Data Protection Laws relating to any Visitor or Employee Data (Data Subject Request).
Taking into account the nature of the Processing, we will assist you by implementing appropriate technical and organisational measures, to the extent possible, to fulfil your obligation to respond to a Data Subject Request under Applicable Data Protection Laws.
To the extent you do not have the ability to address a Data Subject Request, we will, on your written request, provide reasonable assistance in accordance with Applicable Data Protection Laws to facilitate that Data Subject Request. You will reimburse us for the costs arising from this assistance.
We will not respond to a Data Subject Request except on your written request or if required by applicable law.
Our personnel
We will: take reasonable steps to ensure the reliability of any of our Personnel engaged in the Processing of Visitor or Employee Data;
ensure that access to Visitor or Employee Data is limited to our Personnel who require that access as strictly necessary for the purposes of exercising our rights and performing our obligations under the Terms; ensure that our Personnel engaged in Processing Visitor or Employee Data are subject to confidentiality undertakings or professional or statutory obligations of confidentiality; and ensure that our Personnel engaged in Processing Visitor or Employee Data are informed of the confidential nature of the Visitor or Employee Data and receive appropriate training on their responsibilities.
We have appointed a data protection officer who can be contacted at dpo@accurro.com
Sub-processors
You acknowledge and agree that we may engage third party Sub-Processors in connection with the provision of the Service.
We have entered into (and will, for any new Sub-Processor, enter into) written agreements with each Sub-Processor containing data protection obligations which offer at least the same level of protection for Visitor or Employee Data as set out in these Terms and that meet the requirements of Article 28(3) of the GDPR, as applicable to the nature of the services provided by that Sub-Processor.
A list of current Sub-Processors for the Services as at the date of this revision is set out in Appendix 2. We may update the list of Sub-Processors from time to time and, subject to Emergency Replacement, we will give prior written notice of any new Sub-Processor.
We may engage Sub-Processors as needed to serve as an Emergency Replacement to maintain and support the Services. Emergency Replacement means a sudden replacement of a Sub-Processor where a change is outside our reasonable control. In this case, we will inform you of the replacement Sub-Processor as soon as reasonably practicable.
If you object to any new Sub-Processor, you may, despite anything to the contrary in the Terms, terminate these Terms and your right to access and use the Service without penalty on written notice, provided your notice of termination is received by us within 30 days of our notice of the new Sub-Processor. If you do not terminate these Terms and your right to access and use the Service in accordance with this clause, you are deemed to have agreed to the new Sub-Processor.
We are liable for the acts and omissions of our Sub-Processors to the same extent we would be liable if performing the services of each Sub-Processor directly under the Terms, except as otherwise set out in these Terms.
Security
We will maintain technical and organisational measures to protect the confidentiality, integrity and security (including protection against unauthorised or unlawful Processing and against accidental or unlawful destruction, loss or alteration or damage, unauthorised disclosure of, or access to, Data) of Visitor or Employee Data, and to manage data security incidents affecting Visitor or Employee Data, in accordance with these Terms.
Security breach management
We will comply with all applicable laws requiring notification to you of any accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Visitor or Employee Data Processed by us or our Sub-Processors of which we become aware (Breach Incident).
We will make reasonable efforts to identify the cause of that Breach Incident, notify you within a timely manner to allow you to meet your obligations to report a Breach Incident, and take steps we consider necessary and reasonable to remediate the cause of the Breach Incident, to the extent remediation is within our reasonable control.
Data protection impact assessment
Upon your written request, we will provide you with reasonable assistance needed to fulfil your obligation under the GDPR to carry out a data protection impact assessment relating to your use of the Service, to the extent you do not otherwise have access to the relevant information.
Audit & Compliance
Upon your written request, we will submit to your audits and inspections, and provide you all information necessary, to demonstrate that both you and we are complying with our respective obligations under Applicable Data Protection Laws (including our respective obligations under Article 28 of the GDPR).
Return and deletion of visitor or employee data
Subject to the below clauses here contained, following termination of the Terms we will delete all Visitor or Employee Data within 6 months from termination of the Terms.
Subject to below clause, you may submit a written request to us within 10 working days of the termination of the Terms requiring us, within 20 working days of your written request, to:
return a complete copy of all Visitor or Employee Data by secure file transfer in a common format; and
delete all other copies of Visitor or Employee Data Processed by us or any Sub-Processor.
We, or each Sub-Processor, may retain Visitor or Employee Data to the extent that it is required by applicable laws, provided that we ensure the confidentiality of all such Visitor or Employee Data and ensure that such Visitor or Employee Data is only processed as necessary for the purposes required under applicable laws requiring its Processing and for no other purpose.
With the exception of visitor photos (which must, where deletion is required under this clause, be completely and permanently deleted), you agree that we may satisfy any requirement to delete Visitor or Employee Data under the Audit & Compliance clause by anonymising the Visitor or Employee Data so that it is no longer Personal Data.
Changes in data protection laws
We may on prior written notice to you from time to time, make any variations to this Addendum (including to the Standard Contractual Clauses), which we consider (acting reasonable) are required as a result of any change in, or decision of a competent authority under, Applicable Data Protection Law, to allow transfers and Processing of Visitor or Employee Data to continue without breach of Applicable Data Protection Law.
If you object to any variation under the clause above, you may, despite anything to the contrary in the Terms, terminate these Terms and your right to access and use the Service without penalty on written notice, provided your notice of termination is received by us before the effective date of our notice. If you do not terminate these Terms and your right to access and use the Service in accordance with this clause, you are deemed to have agreed to the variation.
Limitation of liability
The liability of each party to the other party under or in connection with this Addendum is subject to the limitations and exclusions set out in the Terms, and any reference in the Terms to the liability of a party means the aggregate liability of that party under these Terms.
Appendix 1
Details of processing
Nature and Purpose of Processing
We will Process Visitor or Employee Data as necessary to provide the Service in accordance with the Terms, as further specified in our online documentation relating to the Services, and as further instructed by you and your Personnel and other end users you allow to use the Service through the use of the Service.
Duration of Processing
Subject to the clauses of these Terms, we will Process Visitor or Employee Data for the duration of the Terms and for a period of not more than 6 months after termination of the Terms, unless otherwise agreed upon in writing.
Categories of Data Subjects
You may submit Visitor or Employee Data to the Service, the extent of which is determined and controlled by you in your sole discretion, and which may include, but is not limited to, Visitor or Employee Data relating to the following categories of data subjects:
your Personnel who are natural persons
visitors to your premises, including customers, suppliers, business partners, contractors and your Personnel’s personal visitors (including family and friends) who are natural persons
Type of Visitor or Employee Data
You may submit Visitor or Employee Data to the Service, the extent of which is determined and controlled by you in your sole discretion, and which may include, but is not limited to, the following categories of personal data: first and last name, title, employer contact information (company, email, phone, physical business address), vehicle registration. photographs, time and date of visit, person visiting
Appendix 2
List of sub-processors
OVH
We host our data with OVH in the European Union. Privacy Policy
MailerLite
We use MailerLite to keep our clients updated with new features and developments. If you opt-in to this service your email address may be processed by MailerLite in the European Union. Privacy Policy