CDP for personalised customer journeys and effective campaigns across all channels.
Optimise search results on the website to provide a better shopping experience.
Webcare, messaging, social media publishing and monitoring in one clear and concise tool.
Although our products are easy to use, we offer a wide range of services to help you succeed even more in using our software.
For the purposes of this Agreement, the following terms shall have their respective meanings set forth below:
The Company shall implement appropriate technical and organizational measures to protect the Personal Data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. Such measures shall have regard to the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.
The Company shall not transfer the Personal Data (nor permit the Personal Data to be transferred) outside of the EEA unless (i) it has first obtained the Customer’s prior written consent; and (ii) it takes such measures as are necessary to ensure the transfer is in compliance with EU & UK Data Protection Legislation.
The Company shall ensure that any person that it authorizes to process the Personal Data shall be subject to a duty of confidentiality (whether a contractual or a statutory duty).
Upon becoming aware of a Security Incident: (a) the Company shall notify the Customer without undue delay (but in any event, not more than twenty four (24) hours after becoming aware), shall provide regular updates about such Security Incident, and shall provide such timely information as the Customer may reasonably require, including to enable the Customer to fulfil any data breach reporting obligations under EU & UK Data Protection Legislation; (b) the Company shall not disclose any information regarding the Security Incident without the Customer’s prior express written consent, except as otherwise required for the Company to comply with applicable law; (c) the Company shall reasonably cooperate with and assist the Customer, at the Company’s reasonable expense (except where the breach or security incident was caused by an act or omission of the Customer), to draft disclosures that are required by applicable law for the Customer to use with its customers, the public, or government entities; and (d) the Company shall make commercially reasonable best efforts to promptly mitigate and remedy such Security Incident, and prevent any further Security Incidents or recurrence thereof.
The Company shall permit the Customer (or its appointed third party auditors) to audit the Company’s compliance with this Schedule, and shall make available to the Customer all information, systems and staff necessary for the Customer (or its third party auditors) to conduct such audit. The Company acknowledges that the Customer (or its third party auditors) may enter its premises for the purposes of conducting this audit, provided that the Customer gives it reasonable prior notice of its intention to audit, conducts its audit during normal business hours, and takes all reasonable measures to prevent unnecessary disruption to the Company’s operations. The Customer will not exercise its audit rights more than once in any twelve (12) calendar month period, except (i) if and when required by instruction of a competent data protection authority; or (ii) the Customer believes a further audit is necessary due to a Security Incident.
Upon termination or expiry of the Agreement, the Company shall delete the Personal Data (including copies) in the Company’s possession, save to the extent that the Company is required by applicable law to retain some or all of the Personal Data.
A material breach of this Schedule shall be deemed a material breach of the Agreement.
The Company is a UK and EU based provider of cloud-based transactional and marketing email delivery, management and analytics services. These services will consist primarily of sending and delivering e-mail communications on behalf of the Customer to recipients and containing such content as are determined by the Customer, in its sole discretion. The Company will also provide the Customer with analytic reports concerning the e-mail communications it sends on behalf of the Customer. Otherwise, the data processing will involve any such processing that is necessary for the purposes set out in this Agreement or as otherwise agreed between the parties.
Categories of data subjects The Personal Data transferred concern any data subject who is a sender, recipient or copy recipient of an email which the Customer instructs the Company to deliver and manage. Categories of Personal Data The Personal Data transferred may concern the following categories of personal data for the data subjects:
Special categories of data (if appropriate) None. Duration of processing The Company will process the Personal Data in accordance with the Customer’s instructions and to the extent required to provide the Software and Services for the term of the Agreement and will be delivered or destroyed at the Customer’s election and in accordance with paragraph 10 of Schedule 4 to this Agreement, or as otherwise required by law.