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Effective July 26, 2022, we have updated our existing terms and conditions to support new services being released by SafetyCulture, and minor wording changes to incorporate the final version of the International Data Transfer Addendum to the EU SCCs published by the UK Information Commissioner’s Office.
Thank you for choosing to use SafetyCulture’s products and services.
SafetyCulture may offer certain Services to you at no charge, including free accounts, Third Party Products, trial use, and access to pre-release and beta products (No-Charge Services). Your use of No-Charge Services is subject to any additional terms that SafetyCulture specifies from time to time and is only permitted for the period designated by SafetyCulture, or if no such period is designated, 30 days. SafetyCulture may terminate your right to use No-Charge Services at any time and for any reason in SafetyCulture’s sole discretion, without liability to you.
SafetyCulture may update or modify the terms of this Agreement from time to time, including the SafetyCulture Policies and any other referenced documents (including the Service Descriptions) to respond to changes in SafetyCulture’s products, services, business or as required by law, by giving notice to you. If an update or modification to the terms of this Agreement materially reduces your rights, you may terminate this Agreement upon providing notice to SafetyCulture within 30 days after the date of SafetyCulture’s notice to you under this section (with such termination to be effective on the date of your notice or the effective date of the update or modification, whichever is later), and SafetyCulture will refund any prepaid, unused Fees in respect of any terminated Subscription Services.
The provisions of this Appendix form part of this Agreement to the extent that section (11)(d) of the General Terms applies.
For the purposes of section 2 of Appendix, the parties agree that the following Modules and Options of the EU Standard Contractual Clauses shall be deemed to be incorporated:
Data Exporter: Name: the person or entity agreeing to these terms. Address: as set out in your Order Form/s. Contact person’s name, position and contact details: as set out in your Order Form/s. Activities relevant to the data transferred under these Clauses: as set out in the Agreement. Role (controller/processor): controller.
Data importer(s): Name: SafetyCulture. Address: as set out in your Order Form/s. Contact person’s name, position and contact details: privacy@safetyculture.io. Activities relevant to the data transferred under these Clauses: as set out in the Agreement. Role (controller/processor): controller and/or processor, as applicable.
Categories of data subjects whose personal data is transferred: the data subjects may include your customers, employees, suppliers and end-users as further set out in SafetyCulture’s Privacy Policy, available here: https://safetyculture.com/legal/privacy-policy/. Categories of personal data transferred: Customer Personal Data as further set out in SafetyCulture’s Privacy Policy, available here: https://safetyculture.com/legal/privacy-policy/. Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures: no sensitive data shall be transferred by the data exporter to the data importer, and as per the Agreement including without limitation and where relevant SafetyCulture’s technical and organisational measures are described at https://safetyculture.com/security/. The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis): continuous unless otherwise specified in the Agreement. Nature of the processing: data hosting, storage and such other services as are described in the Agreement.
Purpose(s) of the data transfer and further processing: the purpose of the data processing is the provision of the Services under the Agreement. The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period: personal data will be retained until such time as you notify SafetyCulture that you would like the personal data returned to you or deleted in accordance with the Agreement. For transfers to (sub-) processors, also specify the subject matter, nature and duration of the processing: • subject matter of the processing is the processing of Customer Personal Data in connection with the performance of the Agreement; • nature of processing is as described in the Agreement; and • the duration of the processing is determined by you, subject to the other provisions of the Agreement.
Part B – Product Modules
SafetyCulture will make iAuditor Services available to you on Devices owned or controlled by you or your End Users during the Subscription Term.
Service Level Agreement (SLA)
Other than in respect of No-Charge Services, iAuditor Services will have 99.9% availability in any calendar month (iAuditor SLA). Subject to your compliance with this section (3), you may be entitled to the following remedies for breach of the iAuditor SLA:
service credits of an equivalent pro-rated value to the extension of the Subscription Term in the form of a monetary credit to a monthly-billing account,
Monthly Uptime Percentage
Service Credits
(Days of extension to the Subscription Term / pro-rated credit equivalent)
< 99.9% – >= 99.0%
3
< 99.0% – >= 95.0%
7
< 95.0%
15
Support post-onboarding.
Ensure that iAuditor Services deliver desired customer outcomes.
Coordinate internal resources to support you with a focus on enablement and adoption.
1 24/7 Technical Support: Requests are handled by our Customer Support team. Requests can be made by any End User on your Customer Account. On weekdays, the Customer Support team can be contacted by live chat from within the mobile app and the online web platform, email and phone. Weekday support is available in accordance with support times specified on our website (https://safetyculture.com/contact-us/); currently 9:00AM to 5:00PM Monday to Friday for the following time zones: Central Time (UTC-6), Western Europe (UTC+0) and Australian Eastern Standard Time (UTC+10). On weekends, the Customer Support team can be contacted by email. Weekend support is any support outside of the support times specified on our website (currently 5:00PM Friday Central Time (UTC-6) until 9:00AM Monday Australian Eastern Standard Time (UTC+10)). Support is not available on weekends for integrations with Third Party Products, sandbox environments, analytics or any other requests that require input from our Product or Engineering teams, unless requested at least two (2) weeks in advance and agreed with SafetyCulture. Support is available in English.
2 Success Team: The Success Team will be available to your Named Contacts from 9:00AM to 5:00PM Monday to Friday for the following time zones: Central Time (UTC-6), Western Europe (UTC+0) and Australian Eastern Standard Time (UTC+10). Your Success Team requests will be handled by team members located in our Kansas City, Manchester or Sydney offices and assigned to you based on your location. Availability will be determined by the time zone applicable to your assigned Success Team.
3 Named Contacts: requests made to the Success Team must be submitted by an administrator(s) specified on your Customer Account. The Success Team can be contacted by phone or email. Contact details for your Success Team will be provided to you in writing on or after the date that SafetyCulture accepts your Order for the Enterprise Plan Services.
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