Terms of Service

25 June 2024

Introduction

Safeture and the Client or User are each referred to as a “Party”, and jointly referred to as the “Parties”.

If you use the Safeture Services in your capacity as an employee, consultant, agent or other representative of a Client, please note that, in case of conflict between these Terms of Service and any separate written agreement between your employer or contracted party and Safeture, such agreement shall prevail, to the extent necessary to resolve such conflict.

These Terms of Service contain the following sections:

1. Client subscriptions
2. Data Processing Agreement
3. Terms of Use
4. Privacy Policy
5. Safeture Service Level
6. Safeture Support Services

1. Client subscriptions

This section 1 governs the Client’s subscription to the Safeture Services.

1.1 The Safeture Services

1.1.1 The Safeture Services’ availability for the Client is subject to the Subscription Agreement.

1.1.2 The subscription allows the Client to:

(a) offer its Users to activate and gain access to the Safeture Services; and
(b) select individuals, (the “Admin Users”), who are Users with additional administrative privileges, such as access to Users’ personal data and additional functions and content restricted only to Admin Users.

1.1.3 A requirement for access is that:

(a) the Client and Safeture have a valid Agreement; and
(b) the Client and Users accept these Terms of Service.

1.1.4 The Safeture Services are provided as subscriptions and may be accessed by the maximum number of Users and Admin Users purchased according to the Subscription Agreement between the Client and Safeture or its duly appointed Partner. Should the number of Client’s registered Users or Admin Users at any time exceed the agreed number of subscriptions set out in the Subscription Agreement, Safeture reserves the right to charge the Client for such additional subscriptions in accordance with Section 3 below.

1.2 Personal data and the Safeture Services

1.2.1 Within the scope of the Safeture Services, Safeture may process Personal Data (as defined in Section 2, Data processing agreement, of this Agreement) on the Client’s behalf. Safeture undertakes to only process such Personal Data in accordance with the Safeture data processing agreement, see Section 2.

1.2.2 The Client is the data controller in relation to its Users. The Parties agree that, unless the Client has informed its Users about the data processing applicable to the Safeture Services, the privacy policy in Section 4 shall apply to such information. Please note, if the Client and Users are located outside of the EU/EEA, the Users’ rights under the privacy policy in Section 4 may be subject to limitations due to local mandatory law. If Personal Data Localization is purchased by the Client, then the information in the privacy policy in Section 4 of these Terms of Service may be subject to other limitations depending on the selected region for the data localization.

1.2.3 If Safeture processes medical data regarding Users on behalf of the Client, the Client is responsible for ensuring that the processing is lawful, for example by obtaining the User’s consent.

1.2.4 The Client acknowledges that data privacy provisions may differ between jurisdictions and that data privacy provisions may apply differently when the User is an employee or agent of the Client. Notwithstanding anything to the contrary in the Agreement, Safeture assumes no responsibility or liability in relation to the lawfulness of the information in Section 4 when applied by the Client in relation to Client Users. The Client agrees that, in its role as data controller, it is solely responsible for the information obligation under the GDPR and for the lawful processing of the Personal Data of its Users.

1.3 Fees and payment

1.3.1 All fees and charges are charged in accordance with the Subscription Agreement. Conditions for third party integrations are available at www.safeture.com (as updated from time to time) (“Third Party Integration Conditions”). For the avoidance of doubt, if the conditions and prerequisites described in the Third Party Integration Conditions are not met by the Client, additional fees and charges may apply in accordance with the Third Party Integration Conditions.

1.3.2 The fees stated in the Subscription Agreement are based on conditions and prerequisites stated by the Client prior to entering into the Subscription Agreement. If the actual conditions and prerequisites deviate from what the Client has stated and the deviation results in additional work for Safeture, Safeture has a right to adjust the agreed fee to cover its actual costs for any additional work required to implement and provide the Client with the agreed Safeture Services. If no actual conditions or prerequisites have been agreed, Safeture has the right to charge the Client for additional work pertaining to deviations from what Safeture reasonably could have expected regarding the Client.

1.3.3 Fees are based on the agreed Safeture Services, and the Client shall pay all fees specified in this Agreement. The fees payable by the Client consist of a) fixed fees, such as subscriptions, which are due in advance, and b) usage-based fees, such as SMS costs, which are due in arrears. Except as otherwise specified herein, (i) fixed fees are based on services purchased and not actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable, and (iii) the agreed Safeture Services purchased, such as the number of Users, cannot be decreased during the relevant term stated in this Agreement. Fees are based on periods that begin on the start date; therefore, fees for additional services added during a relevant term will be charged for the remaining part of such term and prorated on the following invoice. Client shall, unless expressly stated as included in the fixed fee, pay all usage-based fees.

1.3.4 Additional User subscriptions may be added during the applicable subscription term at the same pricing as that for the pre-existing subscriptions thereunder and prorated in accordance with the above. The added User subscriptions shall terminate on the same date as the pre-existing subscriptions. User subscriptions are for designated Users only and cannot be shared or used by more than one (1) User but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Safeture Services.

1.3.5 Any User subscriptions registered by the Client exceeding the maximum number of subscriptions agreed upon in the Subscription Agreement shall be regarded as additional User subscriptions in accordance with section 3.4.

1.3.6 Fees directly related to third party costs for third party integrations used by Client may be increased, with one (1) month notice, if third party increases the fees to Safeture. In such case the fees increase to Client shall be directly proportional to the fees increase to Safeture for the relevant third party integration fees. If Client do not accept the fees increase, Safeture may replace or remove the third party integration for Client and such replacement or removal shall not impact Client’s commitment to fulfilling the remaining parts of the Agreement.

1.3.7 Unless otherwise stated in this Agreement, invoiced charges are due net 30 days from the invoice date. The Client is responsible for providing complete and accurate billing and contact information to Safeture and notifying Safeture of any changes to such information. All prices are excluding VAT.

1.3.8 If any amount owing by the Client under this or any other agreement for the Safeture Services is thirty (30) or more days overdue, Safeture may, without limiting its other rights and remedies, suspend the Safeture Services to the Client until such amounts are paid in full. Safeture will give the Client at least seven (7) days’ prior notice that the Client’s account is overdue before suspending the Safeture Services for the Client.

1.3.9 Unless otherwise stated, Safeture’s prices and fees do not include VAT. Safeture has, once per year, the right to adjust the fees based on the latest available European Union Inflation Index (HICP) at the time of invoice compared to the date of the latest adjustment of the fees, or the first Subscription Start Date if no fees have been adjusted, plus an additional two (2) % per year.

1.4 Term and termination

1.4.1 The subscription, and this Agreement, commences on the Subscription Start Date (as defined in the Subscription Agreement). The initial term is the period stated above as Subscription Start Date and Subscription End Date as defined in the Subscription Agreement. The subscription term shall be renewed automatically for twelve (12) months on each anniversary of the Subscription End Date unless this Agreement is terminated:

(a) by either the Client or Safeture giving at least ninety (90) days written notice to the other Party, such notice to expire at the end of the then-current period; or
(b) by Safeture giving at least ninety (90) days written notice in the event that it is to cease providing the Safeture Services.

1.4.2 The Client or Safeture may terminate this Agreement for cause:

(a) upon thirty (30) days written notice to the other Party of a material breach if such breach remains uncured at the expiration of such period; or
(b) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.

1.4.3 Upon any termination for cause by the Client, Safeture shall refund the Client any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by Safeture, Client shall pay any unpaid fees covering the remainder of the term of all subscribed Services after the effective date of termination. In no event shall any termination relieve the Client of the obligation to pay any fees payable to Safeture for the period prior to the effective date of termination.

1.4.4 Unless explicitly stated elsewhere in this Agreement, the Client may only terminate the Agreement in accordance with this section 4.

1.5 Other

1.5.1 The Client hereby grants to Safeture the right to use the Client’s company name and logo in marketing, sales, financial, public relations materials, and other communications solely to identify the Client as a customer to Safeture or to Partner, and that Client uses the Safeture Services. Safeture hereby grants the Client the right to use Safeture’s name and logo in marketing, sales, financial, public relations materials, and other communications solely to identify Safeture as a supplier to the Client.

1.5.2 The Parties shall have the right but no obligation to issue press releases regarding the Agreement Client to the extent required under regulations of any applicable stock exchange.

1.5.3 Safeture has the right to engage subcontractors for its performance of the Safeture Services and is responsible for the acts and omissions of such subcontractors.

1.5.4 All information which is not publicly available, whether oral or written or in visual, electronic or tangible form, regarding or otherwise relating to a Party or to any of its business matters, which has been disclosed or may be disclosed to the other Party (the “Receiving Party”) or which the Receiving Party has or may otherwise become aware of in connection with this Agreement, shall at all times be kept strictly confidential by the Receiving Party and not be used by it for any other purpose than the performance or enforcement of this Agreement, nor be disclosed by it to any third party without the prior written consent of the other Party (such consent not to be unreasonably withheld).

1.5.5 The restriction in Clause 5.4 above shall not apply to the Parties’ right to disclose information in accordance with Clause 1.5.1 and 1.5.2 above.

1.6 Governing law and disputes

1.6.1 This Agreement and any non-contractual obligations arising out of or in connection with any section of this Agreement shall be governed by and construed in accordance with the laws of Sweden, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction. Specifically excluded from application to this Agreement is the United Nations Convention on the International Sale of Goods.

1.6.2 Any dispute, controversy, or claim arising out of or in connection with this contract, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute, and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one (1) or three (3) arbitrators. The seat of arbitration shall be Malmö, Sweden. The language of the arbitral proceedings shall be English.

1.6.3 All arbitral proceedings conducted pursuant to Section 6.2, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing Parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceedings shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award nor be disclosed to any third party without the prior written consent of the Party to which the information relates or, as regards to a decision or award, the prior written consent of all the other disputing Parties.

2. Data processing agreement

This section governs the processing of personal data that Safeture carries out on behalf of the Client due to the performance of the Safeture Services.

2.1 General

2.1.1. This data processing agreement, (the “DPA”), forms an integral part of the Agreement. Terms not defined in this DPA shall have the meaning ascribed to them elsewhere in the Agreement.

2.1.2 Safeture has undertaken or will undertake, to perform the Safeture Services for the Client of the nature and scope and on the terms set forth in this Agreement or any other separate agreement between the Parties. Within the scope of the Safeture Services, Safeture will process personal data on behalf of the Client.

2.1.3 If you (as a Client) have gained access to the Safeture Services under an agreement with a Partner, you also acknowledge and agree that this data processing agreement shall govern the relationship between you and the Partner (however, that the rights and obligations of Safeture under the DPA shall instead be the rights and obligations of the Partner). If you and the Partner have entered into a separate data processing agreement covering the Safeture Services, that agreement shall apply instead of the DPA.

2.1.4 In light of the above, the Parties have reached the following DPA.

2.2 Relationship between the DPA and other agreements between the Parties

2.2.1 In the event that the provisions of this DPA are contradictory to the other provisions of this Agreement or any other agreement between the Parties, the provisions of this DPA shall prevail. However, the foregoing does not apply to provisions of a subsequent agreement that expressly supersede the provisions of this DPA.

2.3 Processing of personal data

2.3.1 In the context of the performance of the Safeture Services, Safeture will process personal data, as defined in article 4.1 of the general data protection regulation (EU 2016/679), (the “GDPR”), processed for purposes determined by the Client, (the “Personal Data”). The Client is the data controller of the Personal Data in accordance with the personal data protection laws applicable from time to time, as well as any other applicable law, regulation, or equivalent ordinance.

2.3.2. Safeture undertakes to only process the Personal Data in accordance with the terms of the DPA or other written agreement between the Parties, and only in accordance with the Client’s instructions, Section 5, as well as with the from time to time applicable data protection legislation and any other applicable law, regulation or equivalent ordinance. The Safeture shall notify Client, unless prohibited by applicable law, prior to processing Personal Data for legal obligations which are not prescribed by this Agreement. The Client is responsible for ensuring that Safeture does not process any other categories of Personal Data than those listed in Section 2.5, and in accordance with the scope stated therein. If an update of the Safeture Services or changes in mandatory law requires new instructions, Safeture will provide updated instructions by updating this DPA or the documents referred to by this DPA. In case of changes in the documented instructions by the Client that is not a direct effect of changes in the Safeture Services or mandatory law, Safeture is entitled to reasonable compensation.

2.3.3 The Personal Data processed by Safeture under this Agreement is divided into two sensitivity classes A and B (“Personal Data Classification”). Class A is sensitive personal data i.e. passport information and medical data (“Class A”) and class B is less sensitive data i.e. the Users name and telephone number (“Class B”). Class A personal data are processed in accordance with certain measures taking into account the level of sensitivity of such Personal Data. Categories of personal data that are included in Class A and Class B can be found in Client instructions, see Section 5.

2.3.4 If Safeture intends to change the Personal Data Classification from Class A to Class B, Safeture shall inform the Client through written notice at least 20 business days prior to any such reclassification. Client shall within 20 days provide its written authorization before such reclassification is carried out. Should the Client not provide its written authorization within 20 business days, the Client shall be deemed to have accepted the changes of the Personal Data Classification. If the Client objects to the changes in the Personal Data Classification, Safeture will not change the Personal Data Classification, provided that the Client had a justifiable reason for its objection. The term “justifiable reason” as referred to in this Section refers to circumstances that to a considerable degree affect, or likely will affect, the protection of the personal integrity of the individual data subject, for example, the Client may not by mandatory law transfer that type of Personal Data from where it is currently stored and processed.

2.3.5 In case Safeture lacks the instructions that Safeture considers necessary to perform the tasks that the Client has appointed Safeture to perform within the scope of the Safeture Services, Safeture shall, without delay, notify the Client of its position and await such instructions that the Client deems necessary.

2.3.6 Access to the Personal Data shall, within Safeture’s organization, be limited to those who require it for the performance of the Safeture Services and who are obligated to observe secrecy by agreement or by law. Safeture shall take appropriate technical and organizational measures to protect the Personal Data. Such measures shall provide a level of security that is appropriate with regard to the available technology and the cost of the measures, taking into account whether there are any specific risks involved with the processing and the level of sensitivity of the Personal Data. Such measures include:

(a) the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services;

(b) the ability to restore the availability of and access to Personal Data in a timely manner in the event of a physical or technical incident;

(c) the pseudonymization and encryption of the Personal Data when the processing so requires under the applicable law;

(d) a process for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing, when required under the applicable law;

(e) keeping and updating logs of Personal Data, maintenance of a secure IT environment, and establishment and maintenance of physical security measures and procedures; and

(f) ensuring procedures to immediately notify the Client of any completed unauthorized access to the data provided by the Client (including destruction or alteration of the Personal Data).

2.3.7 As stated in section 3.6 above Safeture undertakes to ensure an appropriate level of security for personal data and to implement the security measures described at www.safeture.com. Safeture’s from time to time applicable technical and organizational measures to protect Personal Data can be found at www.safeture.com/data-protection-measures.

2.3.8 Safeture undertakes to, at all times, ensure that relevant personnel comply with this DPA and the Client instructions, and to ensure that they are kept informed regarding the from time to time applicable data protection legislation.

2.3.9 Safeture shall, through suitable technical and organizational measures and to the degree it is possible in relation to the nature of the processing, assist the Client in order for the Client to be able to fulfill its obligation to respond to requests from the individual data subjects in accordance with the applicable law or regulation. Safeture shall also in other aspects assist the Client in fulfilling its obligations, taking into account the type of processing and the information available to Safeture, regarding:

(a) security in connection to the processing;

(b) notification of any personal data breach to the supervisory authority;

(c) communication to the data subject of a personal data breach; and

(d) data protection impact assessment and prior consultation;

2.3.10 Safeture shall notify Client within 48 hours after becoming aware of a personal data breach affecting Client’s Personal Data. After the initial breach notification Safeture shall send continues update notifications according to Safeture internal breach processes until the breach has been investigated and resolved. Breach notifications shall be sent over email to the email address registered by Client. Client can register or change the breach notification email address by sending an email to dpo@safeture.com with title; ”breach notification email address” and include Client information in the mail body for identification of Client including verification of the validity and authority of the sender. Safeture will confirm receiving the breach notification email address, and only email addresses confirmed by Safeture will be considered valid for breach notifications. Safeture undertakes to maintain a written record of the processing of Personal Data including the content stated in article 30.2 of the GDPR. Upon request, the records shall be provided to the Client.

2.3.11 If, contrary to the GDPR, the Client does not inform the individual data subject of a personal data breach and the supervisory authority orders Safeture to rectify the deficiency, the Client shall compensate the costs of Safeture to adhere to the order of supervisory authority.

2.3.12 Safeture has the right to appoint another processor (a so-called sub-processor) for the processing of the Personal Data. Safeture shall inform the Client that Safeture intends to appoint another or replace a sub-processor at least 20 working days before such an appointment or replacement takes place. Safeture may notify the Client of new sub-processors by updating a list available on Safeture’s website. If the Client objects to the appointment of such sub-processor that the Client has been informed of according to this Section 3.12 before the appointment, Safeture cannot appoint the sub-processor for the processing of the Personal Data, provided that the Client had a justifiable reason for its objection. The term “justifiable reason” as referred to in this Section refers to circumstances on behalf of the sub-processor that, to a considerable degree affects, or likely will affect, the protection of the personal integrity of the individual data subject, for example if the new sub-processor does not fulfil the requirements on personal data processors in the GDPR or any other relevant privacy legislation. If Safeture engages such sub-processor, Safeture shall ensure that the data processor by agreement undertakes the same data privacy obligations as arising out of this DPA. Safeture is fully responsible towards the Client for such undertakings of the sub-processor.

2.3.13 Unless specifically instructed by the Client in writing Safeture undertakes to not transfer Class A personal data to a country outside EU/EEA.

2.3.14 Unless otherwise agreed upon in writing between the Parties, Safeture has the right, with the exception if Personal Data Localization is purchased for EU/EEA according to section 3.15, to transfer Personal Data classified as Class B outside the EU/EEA. Safeture undertakes to only transfer or process personal data outside the EU/EEA when such transfer or processing is lawful under article 45-47 of the GDPR.

2.3.15 If available in the Safeture Services, Safeture may offer data storage and processing localization to a selected region (“Personal Data Localization”). If the Client orders Personal Data Localization, then Safeture may not transfer or process any Personal Data outside the localization area specified by the Client. The Client accepts that Personal Data Localization may impact the functionality and quality of the Safeture Services and that the Personal Data Localization functionality may be delivered completely or in part in the form of documented instructions on how to use the Safeture Services (“Personal Data Localization Instructions”). If the Client does not follow the Personal Data Localization Instructions, then the Client accepts that transfer may occur outside the selected region.

2.3.16 The Client has the right to information and the right to audit the performance of Safeture’s obligations under the DPA. Safeture shall allow and contribute to such audits, including inspections, carried out by the Client or an auditor engaged by the Client. If the Client wishes to carry out an inspection, the Client shall inform Safeture of such inspection within reasonable time before the inspection and at the same time specify the content and scope of the inspection. Safeture has right to compensation of its reasonable costs in relation to such an inspection or other audit. Unless otherwise agreed upon in writing, the inspection can only be performed if an audit according to the GDPR cannot be fulfilled through the provision of information by Safeture.

2.3.17 An inspection according to Section 3.16 requires that the Client, or an auditor appointed by the Client, has agreed upon necessary confidentiality obligations, and adheres to the safety regulations on the place of inspection. It also requires that the inspection is performed without the risk of disrupting the business operations of Safeture or the protection of the information of other controllers and personal data. Information that is gathered as part of an audit, including inspections, shall be deleted after the audit is completed or when it is not necessary for the purpose of the audit.

2.3.18 Safeture shall immediately inform the Client if Safeture believes that an instruction is contrary to applicable law, regulation, or equivalent ordinance. Safeture shall be prepared to comply with decisions made by the Swedish Authority for Privacy Protection on measures to comply with the safety requirements of applicable law.

2.3.19 Safeture shall without delay notify the Client regarding any contact with a competent supervisory authority that concerns, or could be of importance for, Safeture’s processing of Personal Data. Safeture does not have the right to represent the Client or act on its behalf in relation to the supervisory authority.

2.3.20 Upon discontinuation of Safeture’s processing of the Personal Data (e.g. due to the Client giving instructions that the processing should be discontinued or that the DPA is terminated in accordance with Section 4.1 below), Safeture shall return, delete, or anonymize all data containing personal data covered by this DPA and all media on which such data is stored. Safeture shall also delete or anonymize existing copies of all such data, e.g. from backup systems, unless Safeture has a legal obligation to retain the Personal Data under union or member state law. For clarity, no inadvertent failure of Safeture to return, anonymize or destroy any particular copy constitutes a breach under this section, so long as Safeture uses commercially reasonable and industry standard measures to limit and destroy such copies, and, upon becoming aware of the existence of such copy, destroys it pursuant to this section.

2.3.21 Safeture shall notify the Client or Partner of any Personal Data requests from data subjects. Safeture may reply to the data subject that all data subject requests shall be made directly to Client or Partner. Safeture shall not disclose any Personal Data to the data subject unless instructed by Client or Partner or required by mandatory law.

2.3.22 The Client has the right to request, via a support ticket, to extract of all Personal Data stored by Safeture. The Personal Data will be delivered in encrypted form in a machine-readable format. Before delivery Safeture has right to verify the validity of the request and the validity of the recipient of the data directly with Client or through other means of verification, and if the verification does not fulfill Safeture’s internal data release policies Safeture may withhold the delivery until proper verification can be provided.

2.3.23 Safeture will provide Client the following documents on request;

(a) Data Protection Impact Assessment;

(b) Executive summary on penetration test from third party information security experts;

(c) Any, if available, information security certifications; and

(d) Public documents related to Safeture’s information security processes.

All documents in this section are provided as is with no guarantee of completeness.

2.4 Miscellaneous

2.4.1 This DPA shall enter into force on the Effective Date (as defined in the introduction of this Agreement). The DPA shall terminate simultaneously with the Agreement, however, at the earliest when Safeture has ceased all processing of the Personal Data.

2.4.2 Safeture has no right to transfer its rights or obligations under this DPA, in whole or in part, without the Client’s prior written consent.

2.4.3 If applicable data protection legislation change during the period of this DPA, or if a competent supervisory authority issues guidelines, decisions or rules regarding the application of the applicable data protection legislation, that results in this DPA to no longer meet the requirements provided for data processing agreements, or if the agreement or agreements that regulate the Safeture Services change, this DPA shall change to accommodate such new or additional requirements and/or changes. Any such change shall enter into force on the day that the Client states, but not earlier than five days after notice of such change were sent to Safeture. If the changes in the DPA are due to changes in the Agreement or agreements that regulate the Safeture Services then Safeture has right to compensation for its reasonable costs incurred by such a change of this DPA.

2.4.4 In addition to what is applicable under the Agreement, for the period of this DPA and thereafter, Safeture undertakes not to disclose the Personal Data to any third party other than as permitted by this DPA. The Personal Data may only be disclosed to such employees of Safeture for which the Personal Data is necessary to perform their tasks, to a competent supervisory authority, or otherwise when disclosure of the Personal Data is required by law. It is the responsibility of Safeture to ensure that employees that are likely to come in contact with the Personal Data have undertaken to keep the Personal Data confidential to the same extent as Safeture is required under this DPA.

2.4.5 This DPA shall be governed by and construed in accordance with Swedish law. Disputes concerning the interpretation or application of this DPA shall be settled in accordance with the Agreement.

2.4.6 Safeture will collect, retain, use and process Personal Data only in Safeture’s capacity as a service provider to Client and Users and only in accordance with the Client’s instructions; will not collect, retain, use or process Personal Data outside the business relationship of such parties; and will not collect, retain, use or process Personal Data except for the purpose of providing the Safeture Services, and for no other commercial purpose, except as required or permitted by law.

2.5 Client’s instructions

Below are the instructions of the Client, as stated in Section 2.3.2 of the DPA. Instructions given at a later date which makes reference to the DPA replace the ones provided below.

Categories of data subjects	Clients and Client’s employees, agents and other individuals directly or indirectly associated with the Client’s organization. (Users).
Types of Personal Data and Personal Data Classification	The types of data and the Personal Data Classification are specified in the list found at Safeture’s website www.safeture.com/personal-data-classification For avoidance of doubt Personal Data Classification is not applicable if the Client has purchased Personal Data Localization.
Processing purposes	Data is processed to create and visualize corporate information and corporate structure, to keep track of User’s location, provide support to Users during emergencies, communicate with Users, and other safety and security related functionality in order to fulfill the security service. Anonymized data is processed for statistical purposes and future optimization of the Services.
Nature of the processing	Collecting, storing, viewing, analyzing, anonymization and use.
Retention period	Personal data which is necessary for the continuous provision of the Safeture Services will be stored by Safeture for as long as Client has an active subscription and the longer of (i) a period up to eighteen (18) months after the subscription ceases, or (ii) as prescribed by law. Personal data which is stored and processed by Safeture in the performance of the Safeture Services without being necessary to store and process for Safeture’s continuous provision of the Safeture Services, will not be stored for a period longer than eighteen (18) months. A Client can purchase a shorter retention period option and if so accepts that some functionality may be impacted.

3. Terms of Use

This section 3 governs the Client’s and the Users’ use of Safeture Services and is applicable to both the Client and its Users.

3.1 General

3.1.1 If a Client has acquired access to the Safeture Services and intends to enable its employees, agents, directors, or similar Users to use the Safeture Services, Safeture will provide the Safeture Services to the Client who in turn will provide access to the Safeture Services to its Users. The Client shall be fully responsible under this Agreement for the acts and omissions of Users affiliated with the Client.

3.1.2 Please note that, depending on your location, some of the terms in this Agreement may not apply to you. Safeture will always provide the Safeture Services in accordance with the legal requirements applicable to you. If there is a conflict between any terms in this Agreement and any legal requirements applicable to you in your jurisdiction, such legal requirements will prevail.

3.1.3 When a Client has acquired access to the Safeture Services through Partner, and that Partner has granted the Client rights exceeding the rights stated in this Agreement, the Client and User acknowledge and accept that such rights cannot be claimed or enforced against Safeture and that Safeture has no liability for any damage or loss arising from those rights.

3.2 Service

3.2.1 If you use the Safeture Services as a service provided by your employer, Safeture provides the Safeture Services to your employer or your agency who in turn provides access to the Safeture Services to you.

3.2.2 Safeture is constantly changing and improving the Safeture Services. Safeture may add or remove functionalities or features, and may suspend or stop the Safeture Services altogether.

3.3 Intellectual Property Rights

3.3.1 Safeture or its licensors own all Intellectual Property Rights (as defined in Section 3.2 below) and all other rights (whether or not capable of registration) relating to Safeture’s business including the Safeture Services, the Platform, the App, and its content (save for content provided by Partner or Client or third party content provider), trademarks, domain names and any other materials, documentation or services made available to you or otherwise offered by Safeture. The information is protected by law, including Swedish and foreign intellectual property law and market law. This means that trademarks, company names, product names, images and graphics, designs, layouts, information on products, services, and other content published on the Safeture Website or in the App may not be copied or used without Safeture’s prior written consent.

3.3.2 “Intellectual Property Rights” means patents (including utility models), design patents, design rights (whether or not capable of registration), copyrights, copyright related rights, moral rights, rights in databases, trademarks, trade secrets, know-how, trade names, rights under marketing law and passing off, topography rights and semiconductor chip rights, and all other intellectual property rights; in all cases whether or not registered or registerable, and applications for any of the foregoing respectively, and all rights to apply for the same, and all rights and forms of protection of a similar nature or having a similar effect to any of these anywhere in the world.

3.3.3 Subject to your proper fulfillment of this Agreement, Safeture grants you a personal, non-assignable and non-exclusive license to use, and, if you are a Client, enable your Users use the Safeture Services. This license is for the sole purpose of enabling you to use the Safeture Services as provided by Safeture or a Partner, in the manner permitted by this Agreement. You may not copy, modify, distribute, sell, or lease any part of the Safeture Services, the Platform, the App or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have been granted Safeture’s written permission. You shall not, directly, or indirectly, use, register or try to register any trademark or any other words or phrases, or name of a company or organization, which are or may be considered as similar to Safeture’s trademarks, or attempt to do anything of the aforesaid.

3.3.4 You have no obligation to provide Safeture with input, ideas, suggestions or improvements to the Safeture Services (“Feedback”). However, if you submit any Feedback to Safeture (or its duly appointed Partner), then you grant Safeture a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty or restriction based on Intellectual Property Rights or otherwise.

3.4 Use and equipment

3.4.1 You warrant and undertake that you shall at all times conduct your business and use the Safeture Services in full conformity with all applicable laws and regulations as well as in compliance with good and sound business practice. This includes but is not limited to that you may under no circumstances, and the Client shall procure that no Users of the Client, use the Safeture Services to publish, distribute, copy or otherwise transmit any data or information that

(a) it does not have the right to distribute by law or agreement;

(b) is infringing, contributes to infringement, or encourages others to infringe intellectual property rights or trade secrets;

(c) contains any viruses, trojans, Internet worms, malware, or that may otherwise damage or adversely affect the Safeture Services; or

(d) otherwise causes damage or other inconvenience to Safeture or third parties.

3.4.2 You are not allowed to, in an automated and/or commercial way, disseminate, copy, or publish the information received through the Safeture Services.

3.4.3 Notwithstanding Section 4.2, publishing information received through the Safeture Services is allowed when the Safeture Services are used as intended.

3.4.4 You must ensure that no unauthorized person or entity (i.e. any other person or entity than you) is able to use your login details. You may not disclose your usernames, passwords or other access credentials to any unauthorized person and must ensure that documents containing your username, password or other access credentials are kept in such a way that unauthorized persons cannot gain access to the information. You are responsible for all acts or omissions by an unauthorized person using your access credentials.

3.4.5 Notwithstanding Section 4.4, the Client may give access to the Safeture Services to such sub-suppliers that require access to the Safeture Services to fulfill their obligations towards the Client. The sub-supplier may only access the Safeture Services for the purposes stated by the Client.

3.4.6 Safeture has the right to, at any time, suspend or terminate the Safeture Services if you violate the Agreement or otherwise use the Safeture Services in a way that may cause Safeture or a third party any harm. Safeture shall not be liable for such suspension or termination.

3.4.7 If you as a Client has acquired access to the Safeture Services by entering into an agreement with a Partner, Safeture has the right to, at any time, suspend or terminate the Safeture Services due to any breach by the Partner of its agreement with Safeture, or termination of the agreement between Safeture and the Partner for any other reason, irrespective of whether you have complied with the agreement between you and the Partner and this Agreement. Safeture shall not be liable for such suspension or termination.

3.4.8 You are solely responsible for the technical equipment and any additional services needed to use the Safeture Services, such as, but not limited to, computers, mobile phones, mobile phone subscriptions, Internet access, WiFi connection, and travel management services. You acknowledge and accept that the provision of the Safeture Services is dependent upon third party providers, e.g. internet providers or cloud services, and that Safeture has no responsibility for such third party.

3.5 Indemnification

3.5.1 Each Party agrees to indemnify, defend, and hold harmless the other Party, its subsidiaries, agents, licensors, managers, consultants, officers, directors, employees, contractors, advisors, affiliates, and partners from and against all claims, losses, liability, expenses, damages, judgments, awards, and costs (including reasonable attorney’s fees), related to or arising from any breach of this Agreement.

3.5.2 In addition to Clause 5.1 above the Client agrees to indemnify, defend, and hold harmless Safeture its subsidiaries, agents, licensors, managers, consultants, officers, directors, employees, contractors, advisors, affiliates, and partners from and against all claims, losses, liability, expenses, damages, judgments, awards, and costs (including reasonable attorney’s fees), related to or arising from:

(a) the Client’s or its Users’ use or misuse of any material or information posted, provided, transmitted, or otherwise made available by you or by Safeture;

(b) the Client’s or its Users’ access or use of the Safeture Services and related content;

(c) the Client’s or its Users’ violation of any third-party right, including intellectual property and privacy rights;

(d) the Client’s or its Users’ violation of a law, rule, or regulation; or

(e) another party’s use of the Safeture Services using the Client’s or its Users’ access credentials.

3.5.3 Safeture reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Safeture’s defense of such matter.

3.6 Warranties and disclaimers

3.6.1 Safeture does not and cannot warrant that Safeture Services will operate in a manner that is completely error free, nor that information provided is always accurate.

3.6.2 Safeture undertakes to ensure that the Safeture Services in all material aspects corresponds with the descriptions at www.safeture.com.

3.6.3 Use of the Safeture Services is at your sole risk, and you assume full responsibility for all risk associated therewith. All information provided through Safeture Services is provided “as is” and “as available”, without any warranties or conditions. Safeture reserves the right, in its sole discretion and without any obligation, to correct any error or omission in any portion of the Safeture Services, the Platform, or the App, with or without notice to you. Users should always evaluate output and data from the Safeture Services on an individual basis.

3.6.4 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SAFETURE AND ITS AFFILIATES HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SAFETURE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SAFETURE SERVICES.

3.6.5 WITHOUT LIMITING THE FOREGOING, SAFETURE AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE SAFETURE SERVICES AND INFORMATION RETRIEVED OR RECEIVED FROM IT. SAFETURE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR COMPLETENESS, ERRORS, OR OMISSIONS IN THE INFORMATION, SERVICES, OR DOCUMENTS THAT ARE AVAILABLE IN, REFERENCED BY OR LINKED TO IN SAFETURE SERVICES.

3.6.6 The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

3.6.7 Safeture may at any time inform you, by updating a non-compliance list, that the Safeture Services cannot be used in certain regions, countries, or states due to applicable laws, and shall not be liable for your use of the Safeture Services in such country. For the updated list of where the Safeture Services cannot be used due to applicable laws or technical limitations, please visit www.safeture.com.

3.7 Limitation of liability

3.7.1 UNLESS AND TO THE EXTENT SPECIFICALLY STATED OTHERWISE, SAFETURE SHALL HAVE NO LIABILITY FOR ANY DAMAGE OR LOSS OF ANY KIND (INCLUDING ANY CLAIMS AGAINST YOU BY THIRD PARTIES) UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING YOUR USE OF THE SAFETURE SERVICES, REGARDLESS OF HOW IT WAS CAUSED AND WHETHER SUCH DAMAGE OR LOSS WAS FORESEEABLE OR NOT AT THE TIME WHEN THIS AGREEMENT WAS ENTERED INTO (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS).

3.7.2 YOU AGREE THAT YOUR USE OF THE SAFETURE SERVICES IS AT YOUR OWN RISK. IF YOU ARE NOT SATISFIED WITH THE SAFETURE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SAFETURE SERVICES.

3.7.3 IN NO EVENT SHALL SAFETURE OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION OF SERVICES OR PRODUCTION, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE SAFETURE SERVICES. SAFETURE SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. SAFETURE UNDERTAKES NO LIABILITY TOWARDS YOU FOR ANY MALFUNCTION OR NON-COMPATIBILITY OF YOUR EQUIPMENT AND CONNECTED SERVICES WITH THE SAFETURE SERVICES. SAFETURE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES OUTSIDE SAFETURE’S REASONABLE CONTROL.

3.7.4 FURTHERMORE, SAFETURE WILL NOT BE RESPONSIBLE FOR DAMAGE, LOSS, OR INJURY RESULTING FROM

(a) UNAUTHORIZED ACCESS TO, OR HACKING OR TAMPERING OF, YOUR ACCOUNT OR THE INFORMATION THEREIN;

(b) UNAUTHORIZED ACCESS TO OR USE OF SAFETURE’S SERVERS AND ANY PERSONAL INFORMATION STORED THEREIN; OR

(c) BUGS, VIRUSES, TROJANS, MALWARE, OR OTHER DESTRUCTIVE CODE.

3.7.5 IN NO EVENT SHALL SAFETURE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED YOUR ANNUAL PAYMENTS FOR THE SAFETURE SERVICES.

3.7.6 To the extent any of the above limitations of liability are restricted by mandatory applicable law, such limitations shall not apply to the extent of such restrictions.

3.7.7 Safeture’s liability towards the Client or User is exclusively regulated herein and is not affected by any agreement between the Client and Partner which provides access to the Safeture Services to the Client.

3.7.8 If you access the Safeture Services through a third party app provided by Partner or Client where the Safeture Services have been incorporated or form an integral part of the app, Safeture is not in any way liable for content generated by the Partner or Client.

3.7.9 If you access to content provided by Partner or a third party content provider or Client, that has been incorporated, or form an integral part of Safeture Services, Safeture is not in any way liable for content generated by Partner or third party content provider or Client.

3.7.10 If you access content through a link in the Safeture Services or a third party app to an external third party content provider such as, but not limited to, a local news website, Safeture is not in any way liable for content generated by the third party.

3.8 No waiver

3.8.1 No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

3.8.2 A Party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

3.9 Assignment

A Party may not assign any or transfer any rights under these Terms of Use to any third party, unless a prior written approval from the other Party, which consent shall not be unreasonably withheld.

3.10 Miscellaneous

3.10.1 If and to the extent that either Safeture’s or Client’s performance of its obligations under this Agreement is impeded or made unreasonably onerous by circumstances beyond its reasonable control, including, but not limited to, general labor disputes, war, fire, lightning, flood, acts of terrorism, amendments to regulations issued by governmental authorities, intervention by governmental authorities and defects or delays in deliveries by sub-contractors caused by any such circumstance as referred to in this Section, such Party shall be released from liability in damages and any other penalties for delay in performing or failure to perform such obligations. The Party wishing to claim relief by reason of any circumstance as referred to in this Section shall without undue delay notify the other Party in writing. If performance is prevented for more than one (1) month as a result of any of the circumstances as referred to in this Section, the Party not affected by force majeure shall be entitled to immediately terminate the Agreement by notice in writing.

3.10.2 The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

3.11 Apple requirements

3.11.1 This Section 11 is solely applicable to the App when provided for iPhone.

3.11.2 You acknowledge and agree that (i) this Agreement are concluded between you and Safeture only, and not Apple, Inc. nor its subsidiaries (hereinafter –“Apple”); (ii) Safeture, and not Apple, is solely responsible for the Licensed Application and the content thereof; (iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application; (iv) in the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application; (vi) Apple is not responsible for any claims, losses, liabilities, damages, costs, or expenses that you may have arising out of your use of the Licensed Application; (vii) Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim related to the Licensed Application or your possession and use of the Licensed Application, nor is Apple responsible if the Licensed Application or your possession and use of the Licensed Application infringes any third party’s intellectual property rights; and (viii) you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

3.12 Safeture Marketplace

3.12.1 Safeture Marketplace is a digital advertisement service for security related products and services made available in the Safeture Platform. The Safeture Marketplace is solely intended to facilitate an advertising platform between Safeture, Safeture’s partner or a third-party service offering (“Advertiser”) towards the Client. Safeture does not recommend or endorse any services, offers or information communicated by Advertiser on Safeture Marketplace.

3.12.2 All marketing, offering and communication by Advertiser on Safeture Marketplace is made at such service provider’s sole risk and responsibility. Under no circumstances shall any marketing, offering or communication by a Safeture partner or a third-party service provider on Safeture Marketplace be construed as made by or on behalf of Safeture.

3.12.3 Safeture makes no warranties or representations, express or implied, regarding Safeture Marketplace, the content and information communicated by Safeture or any Advertiser on Safeture Marketplace, including but not limited to:

(a) the accessibility, function, features or service level of Safeture Marketplace;

(b) the accessibility to data submitted to Safeture Marketplace;

(c) the accuracy or completeness of any information provided by Advertisers;

(d) whether any of the Advertisers have and will maintain sufficient rights, interests in and authority to provide the services marketed or offered;

(e) the suitability, quality or scope of any services marketed, offered or provided by any Advertiser;

(f) whether information provided by Advertiser complies with applicable laws, regulations or contractual obligations; and

(g) whether the services marketed, offered or provided by Advertisers comply with applicable laws, regulations or contractual obligations.

3.12.4 Safeture shall have no liability for any direct or indirect cost, damage or loss of any kind incurred in connection with any use of Safeture Marketplace, regardless of how it was caused, who caused it and whether such cost, damage or loss was foreseeable or not.

3.13 Governing law and disputes

3.13.1 This Agreement and any non-contractual obligations arising out of or in connection with any section of this Agreement shall be governed by and construed in accordance with the laws of Sweden, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction. Specifically excluded from application to this Agreement is the United Nations Convention on the International Sale of Goods.

3.13.2 Any dispute, controversy, or claim arising out of or in connection with this contract, or the breach, termination, or invalidity thereof, shall be finally settled in accordance with Section 6.2.

4. Privacy policy

4.1 General

4.1.1 We are committed to protecting your privacy and to comply with applicable data protection and privacy laws. Throughout this privacy policy, (the “Privacy Policy”), the term “Personal Data” means information relating to an identified or identifiable individual (i.e., a natural person).

4.1.2 This Privacy Policy applies to the processing of Personal Data collected or submitted by you in connection with the use of the products and the Safeture Services, offered by us and our affiliates, partners, suppliers and clients. Please read this Privacy Policy carefully to understand how we collect, use, transfer, and store your data as you make full use of the Service.

4.1.3 Please note that if you read this Privacy Policy in the capacity of a representative or contact person of one our potential or existing client, partner, supplier, or other business contact, we kindly refer you to our general external privacy policy, available at www.safeture.com/privacy-policy-for-external-contacts, which describes our processing of your personal data.

4.1.4 We recognize our responsibility to protect the Personal Data and other information you have provide us with. We take appropriate technical and organizational information security measures to safeguard your Personal Data against loss and misuse, as well as unauthorized access.

4.1.5 In this Privacy Policy, we explain which types of Personal Data we may process about you and for what purpose we process them. We also detail our processing of Personal Data as well as what choices and rights you have in relation to such processing. We kindly ask you to carefully review our Privacy Policy and acquaint yourself with its content.

4.1.6 Please note that if you use the Safeture Services as a service provided directly from Safeture then this Privacy Policy relates to processing of Personal Data for which we are the controller. This means that we are responsible for the processing of your Personal Data. It also means that you should turn to us with questions or remarks, or if you wish to enforce any of your rights in relation to our processing of your Personal Data.

4.1.7 Please note that if you use the Safeture Services as a service provided by your employer or contracted party, in your capacity as an employee, consultant, agent or other representative, the employer or contracted party is the responsible controller of your Personal Data within the scope of our provision of the Safeture Services. We only process data on behalf of your employer or contracted party.

4.1.8 Unless your employer or contracted party has provided you with a privacy policy informing you about the processing applicable to the Safeture Services, this privacy policy shall apply between you and your employer or contracted party. Please note that if your employer or contracted party is located outside of the EU/EEA, there may be limitations to which rights you as a data subject may exercise due to local mandatory law. For questions regarding the processing of your Personal Data in such cases, or if you want to exercise your rights, please contact your employer or contracted party as instructed in your employer’s or contracted party’s general privacy policy.

4.2 The data we collect when we provide the service

4.2.1 The Personal Data processed by Safeture due to your use of the Safeture Services is divided into two sensitivity classes A and B. Class A is sensitive Personal Data, i.e. passport information and medical data, and class B is less sensitive Personal Data, i.e. your name and telephone number. Safeture accounts for the sensitive nature of Class A Personal Data and takes additional precautions for the processing of such Personal Data.

4.2.2 A full list of the User Personal Data processed by Safeture in the provision of the Safeture Services, including a categorization of such data as Class A Personal Data and Class B Personal Data, can be found at Safeture’s website safeture.com/personal-data-classification.

4.2.3 If you use the Safeture Services as a service provided by your employer or contracted party in your capacity as an employee, consultant, agent or other representative, and your employer or contracted party has purchased additional services which include processing of Class A Personal Data, we may process such data. In this situation your employer or contracted party is the data controller and is, as such, the party responsible for ensuring that the processing of the Class A Personal Data is lawful.

4.2.4 In addition to the Personal Data described above, Safeture may process information of how you use the Safeture Services in order to compile statistics that are used in order to improve the Safeture Services and to provide you with relevant functionality of the Safeture Services. Your personal data will be pseudonymized before Safeture processes it for the purposes mentioned in this section.

4.2.5 If you use the Safeture Services in your capacity as an employee, consultant, agent or other representative, and your employer or contracted party in writing has objected to our processing of the information of how you use the Safeture Services described in Section 4.2.3, we will not process such information. In such event, we will only process information of how you use the Safeture Services in accordance with section 3.4 below.

4.3 The purposes for which we collect and process your personal data

4.3.1 We process your Personal Data for the purpose of providing you with the Safeture Services, including tracking your geographical location. Location data is collected both when using the service actively and passively in the background. The type of location data that is collected is dependent on your privacy settings. The location data is processed to keep track of User’s location in order to fulfill the security service. If you use the Safeture Services as a service provided by your employer or contracted party in your capacity as an employee, consultant, agent or other representative, your employer or contracted party may have access to the location data and other Personal Data for the purpose of providing security services. The processing is conducted on the basis that it is necessary for the performance of our contract with you regarding the provision of the Safeture Services. Please note that you need to enable the real time location and sharing of the location data if want to use functionality of the Safeture Services that is dependent on location data.

4.3.2 The Personal Data described in Section 4.2.2 is processed for the purpose of providing you with a functionality of the Safeture Services as agreed between your employer or contracted party and Safeture. The functionality, and the Personal Data described in Section 2.3, is processed by your employer or contracted party for example when assessing the medical risks with an upcoming business trip or to ensure that you obtain the correct medical treatment in case of emergency. The processing is conducted on the basis of your consent. Your employer or contracted party is the data controller and the party responsible for obtaining your consent.

4.3.3 The Personal Data described in Section 4.2.4 is processed for the purpose of improving the Safeture Services and to provide you with relevant functionality of the Safeture Services by understanding how the Users use the Safeture Services. The processing is conducted on the basis of our legitimate interest to collect information to maintain and improve the functionality, content, and security of the Safeture Services.

4.3.4 We may also process your data for the purpose of further analysis, statistical information and to optimize the user experience. Prior to such processing, your Personal Data will be anonymized, meaning that the Personal Data will no longer be attributable to you and thus not considered Personal Data. The anonymization is conducted on the basis of our legitimate interest to be able to improve the Safeture Services and carry out statistical analysis regarding the usage of the Safeture Services for future optimization.

4.4 Storage of personal data

4.4.1 We store your Personal Data as long as necessary for us to fulfil the purposes of the processing. This means that we will process your Personal Data as long as you are an active user with our Safeture Services, however location data will be kept for a maximum period of eighteen (18) months.

4.4.2 When your Personal Data is no longer necessary for the purposes of the processing, it will be deleted or anonymized. We will, however, store your Personal Data if and to the extent we are required to do so according to law.

4.5 Sharing your personal data

We may disclose your Personal Data to our data processors, for example companies providing the Safeture Services or hosting and cloud services companies. In such cases, a data processing agreement will be entered into which ascertains that your Personal Data is processed in accordance with this Privacy Policy.

4.6 Third country transfers

To be able to provide the Safeture Services, your Personal Data may be transferred to a country outside of the EU/EEA. If your Personal Data are transferred to a country outside the EU/EEA we will provide adequate safeguards to protect your Personal Data. If Safeture is the controller of your Personal Data you can obtain a copy of the safeguards applied by contacting us at the e-mail address stated below. Your Class A Personal Data may not be subject to a third country transfer unless your employer or contracted party, specifically instructs us to transfer such Personal Data. If your employer or contracted party is the controller of your Personal Data you must then contact your employer or contracted party to obtain a copy of the applied safeguards.

4.7 Your rights

4.7.1 You have the right to receive confirmation on whether or not we process Personal Data concerning you, and in such cases get access to such Personal Data and also information regarding the Personal Data and how we process it.

4.7.2 You have the right to have inaccurate Personal Data concerning you rectified without undue delay. Taking into account the purposes of the processing, you also have the right to have incomplete Personal Data about you completed.

4.7.3 You have, under certain circumstances, the right to have Personal Data concerning you erased, for example if the Personal Data are no longer necessary in relation to the purposes for which they were collected or if the Personal Data have been unlawfully processed.

4.7.4 In some circumstances you have the right to obtain restriction of the processing of your Personal Data. For example if you contest the accuracy of the Personal Data, you can also require that we restrict the processing of your Personal Data for such a period that enables us to verify the accuracy of the Personal Data.

4.7.5 You have the right to object to processing of your Personal Data that is based on our legitimate interests. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights and freedoms, in order to proceed with the processing of your Personal Data.

4.7.6 You have the right to receive the Personal Data relating to you and that you have provided to us, in a commonly used electronic format. You have the right to transmit that data to another controller (data portability).

4.7.7 You have the right to complain on the processing of your Personal Data by lodging a complaint to the Swedish Authority for Privacy Protection or any other relevant data protection authority governing the processing of your employer or contracted party.

4.8 The controller of your personal data and contact details

4.8.1 If Safeture is the controller of your Personal Data, and if you have any additional questions or concerns about this Privacy Policy or our information practices, please feel free to contact us at any time.

Safeture AB

Attention: DPO

Kung Oskars väg 11 c

222 35 Lund

Sweden

4.8.2 Contact to the data protection officer: dpo@safeture.com

4.8.3 If your employer or contracted party is the controller of your Personal Data, please contact your employer or contracted party for any questions or concerns. In case of conflict between what is stated in agreement with your employer or contracted party, and this Privacy Policy, the agreement with your employer or contracted party shall prevail.

4.9 California Residents

Please refer to the California Privacy Rights Notice at www.safeture.com.

5. Safeture service level

This Section 5 governs the service availability of the Safeture Services.

5.1 Service levels

5.1.1 Service availability is measured by the availability of the Safeture Services on a monthly basis, and is re-set at the end of each month.

5.1.2 The Safeture Services shall have an uptime of at least ninety-nine point five (99.5) % per month, excluding downtime due to circumstances stated in Section 3, (the “Availability”).

5.1.3 Safeture will use its best efforts to ensure that the Availability meets the above stated target.

5.1.4 Safeture shall ensure that any fault, errors, problems with, or interruption to the Safeture Services are resolved as soon as practically possible.

5.2 Measuring of availability

5.2.1 Downtime is defined as the period of time where the Safeture Services are not available, calculated from the moment in time the failure in Availability is reported by Client to Safeture until the Safeture Services becomes available again. Downtime shall not include downtime due to circumstances stated in Section 3.

5.2.2 Safeture uses a third party tool which monitors the uptime of the Safeture Services. The measurement consists of tailored web requests that will only succeed if each and every critical sub-system is up and running. It is considered downtime if these requests either timeout after thirty (30) seconds TCP connection timeout, after thirty (30) seconds of no initial first byte or return a HTTP 5xx error code. HTTP 1xx, 2xx, 3xx and 4xx are considered valid responses. It is also considered downtime if the HTTPS-certificates are invalid.

5.2.3 Quarterly Availability reports can be provided to the Client at request. The report states scheduled and non-scheduled downtime during the relevant period.

5.3 Downtime for which Safeture is not responsible

5.3.1 Downtime caused by circumstances referred to in this Section 3 shall be excluded when measuring the Availability.

5.3.2 Scheduled downtime, service windows or any other scheduled maintenance activities shall not be regarded as downtime when measuring Availability. Safeture shall inform Client at least four (4) days before the start of a scheduled downtime, service windows or any other scheduled maintenance that affects the Availability of the Safeture Services via Safeture’s website or e-mail. Each occurrence of scheduled downtime shall not exceed four (4) hours, and scheduled downtime exceeding four (4) hours shall be measured as downtime.

5.3.3 Critical maintenance shall be not regarded as downtime when measuring Availability. Safeture shall notify the Client a minimum of four (4) hours prior to the start of critical maintenance that affects the Availability of the Safeture Services. Information regarding critical maintenance will be provided on Safeture’s website or e-mail. Safeture shall keep critical maintenance, with best effort, at a maximum of two (2) times per month. Critical maintenance includes, but is not limited to, security patches, critical bug fixes and other time critical updates that affects operations of critical parts of the Safeture Services. Each occurrence of critical maintenance shall not exceed two (2) hours, and critical maintenance time exceeding two (2) hours shall be measured as downtime.

5.3.4 Downtime to the Safeture Services caused by or attributable Partner, Client, Users, including integrated third party suppliers, shall be excluded when measuring Availability.

5.3.5 Downtime caused by distributed denial of service attacks shall be excluded when measuring Availability.

5.3.6 Downtime caused by events of force majeure as defined in the Agreement shall be excluded when measuring Availability.

5.4 Compensation

5.4.1 If Safeture does not fulfill the specified Availability in accordance with Section 1.2, Client (but, for the avoidance of doubt, no User) shall be entitled to compensation from Safeture in the form of a reduction in Client’s fees for the provision of the Safeture Services during applicable month or months. The reduction is calculated based on the Availability and is applicable for only non-usage-based fees for the Safeture Services during a measured month. The reduction is according to the following compensation table:

Availability	Compensation
100 – 99.5 %	0 %
99.5 – 99%	2%
99 – 98 %	4 %
98 – 95 %	10 %
95 – 90 %	20 %
<90 %	50 %

If Availability is below 75% the Client may terminate the Agreement with immediate effect.

5.5 Content

5.5.1 Safeture provides content either produced by Safeture and/or produced by third party suppliers such as information on safety, security, medical, travel and other information related to the Safeture Services (“Content”) as a part of the Safeture Services.

5.5.2 Content that was originally included in the Safeture Services that the Client has purchased (“Default Content”) applies during the agreement period. The risk assessments and communication for the Default Content is conducted with the needs, well-being and interest of the individual User as first priority. The Default Content and communication of the Default Content is aimed at protecting the Users. The Default Content is unbiased and is based on known information at the time of production. The provider of the Default Content maintains and safeguards a non-partisan approach to the information and advice produced, and maintains 24/7 human staffed analysts, to monitor major and serious security and safety threats for the majority of the planet. The static and semi-static information in the Default Content is reviewed at least once every year.

6. Safeture Support Services

This Section 6 governs the Clients right to support by Safeture.

6.1 General

6.1.1 Safeture will provide support services to the Admin Users of a Client.

6.1.2 If you as a Client have acquired access to the Safeture Services by entering into an agreement with a Partner, first line support shall always be provided by the Partner where Safeture will act as second line support for the Partner.

6.1.3 The Safeture Support Services only relate to the Safeture Services. No support services related to Partner’s or Client’s own products and content, or third part content, even when such products and content have been incorporated or form an integral part of the Safeture Services.

6.2 Available support services

6.2.1 The available support options are the following: 

Type	Description
Base Support	Email support (Business days CET Mon-Fri 08:30-17:00)
Premium Support	Telephone support (24/7) and e-mail support (CET Mon-Sun 08:30-17:00)

6.2.2 Safeture will provide documentation and Frequently Asked Questions, FAQ to the Client.

6.2.3 To request support, an Admin User may create a support ticket by e-mailing support@safeture.com or by calling a designated phone number provided by Safeture when telephone support is available for the Client. Users may not request support directly without going through the Admin User or Partner. Safeture will confirm receipt of the support request by providing a support confirmation by phone or e-mail, including a support registration number to be referred to in further communications regarding the support request. Support requests are sent on the Client’s risk.

6.2.4 There are two types of support tickets available:

(a) Normal support ticket. A normal support ticket is created where the Safeture Services can be accessed by the Client (although functionality may be affected to a non-material extent). Normal support tickets shall have the priority set to “Low” and Safeture shall start working on the ticket within two (2) business days after the support ticket has been processed according to the support type purchased by the Client. Starting means setting the ticket “In-progress”. Continuous feedback shall be given at least weekly by either adding comments to the ticket or by marking it as resolved. Normal support tickets are created by sending an e-mail to the support email specified above. Normal support tickets shall be resolved in accordance with Section 6.2.5 below within ten (10) business days after being set to “In-progress”.

(b) Critical support ticket. A critical support ticket is created where the Safeture Services cannot be accessed by the Client. Critical support tickets shall have the priority set to “High” and Safeture shall start working on the ticket within one (1) hour after support ticket has been received by telephone support if such support access is purchased by the Client. For critical support tickets sent by e-mail, Safeture shall start working on the ticket within one (1) day after the support ticket has been processed according to the support type purchased by the Client. Starting means setting the ticket “In-progress”. Continuous feedback shall be given at least daily by either adding comments to the ticket or by marking the ticket as resolved. Critical support tickets shall be resolved in accordance with Section 2.5 below within 48 hours after being set to “In-progress”.

6.2.5 Support ticket resolution shall be communicated within the stipulated resolution time. The resolution may be a solution, request for more information, explanation with recommended action, information on limitations, work-around, planned upgrades, planned bug fixes or similar resolutions.

6.2.6 If Safeture does not initiate work on the support ticket or fulfill the agreed support resolution times in accordance with Section 2.4, the Client shall be entitled to compensation from Safeture in the form of a reduction in the fixed fees for the provision of the Safeture Services. The reduction is calculated based on the number of support tickets not fulfilling the resolution time according to the compensation reduction table below. The total reduction can never exceed 50% of the support fees, as specified in the Subscription Agreement, for the relevant year when the support tickets were created.

Support ticket type	Compensation per delayed support ticket resolution
Normal support ticket	10 EUR
Critical support ticket	100 EUR

6.2.7. If the Safeture Support Services are misused by, but not limited to, Users requesting Safeture Support Services directly from Safeture or make repeated requests of critical support tickets that should have been classified as normal support tickets, Safeture may charge a support fee per support ticket.

6.3 Fees for the Safeture Support Services

6.3.1 All Safeture Support Services are invoiced in accordance with the Subscription Agreement and this Agreement.