Terms of Use - SynappxWorkSpaces

Privacy Policy_20190613_SBPJ20190613_SIICA0621

WORKSPACE INTELLIGENCE TERMS OF USE AGREEMENT

The Workspace Intelligence Terms of Use Agreement (the "Agreement") between You (either an individual or the authorized representative of a company or other entity) and Ascendant Technology Ltd. ("Ascendant") regarding Ascendant's WSI software and web portal (the "Service") and related content of Ascendant and its licensors (the "Ascendant Content"), available through this site (the "Site"). The Service and the Ascendant Content are collectively referred to as "WSI" for purposes of this Agreement. If You are agreeing on behalf of a company or other entity to be bound by the terms and conditions of this Agreement, You are representing and warranting that You have the authority to act on behalf of, and otherwise bind, the company or other entity. In all such cases, each reference to "You" or "Your" in this Agreement shall refer to You or to the company or other entity You represent, as applicable.

PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ACKNOWLEDGING AND ACCEPTING THIS AGREEMENT, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE REFRAIN FROM ACKNOWLEDGING AND ACCEPTING AND YOU WILL NOT BE AUTHORIZED TO USE WSI OR FURTHER ACCESS THE SERVICE. YOU ARE ENCOURAGED TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

TERMS AND CONDITIONS FOR USE

License

Conditioned upon Your acceptance of all of the terms and conditions in the Agreement, and otherwise provided to You. You are granted a limited, nonexclusive, nontransferable, non-assignable license to use WSI via the Site for Your internal business purposes only. You may not provide the Service or Ascendant Content to any third party or otherwise make use of the WSI outside the limited scope of this license.

Password and Security

Access to WSI is governed by your pre-existing company identity services. You will prevent unauthorized access to or use of WSI through your systems or accounts and shall promptly notify Ascendant of any such unauthorized access or use of which You become aware. You shall not sublicense, assign or transfer WSI or any rights in WSI, or authorize or permit any portion of WSI to be accessed by another individual or entity other than employees and individual contractors (e.g., temporary employees) that have been authorized by you to access WSI.

You are solely responsible for any and all activities that occur under Your account and for ensuring that You exit or log-off from Your account at the end of each session of use. If You are conducting this session on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure You are sufficiently disconnected and logged off WSI and the computer system to prevent unauthorized access to your account with Ascendant. You agree to notify Ascendant immediately of any unauthorized use of Your password or account or any other breach of security that is known or suspected by You.

Proprietary Rights

WSI is proprietary and is protected via various domestic and international laws, including, without limitation, United States Copyright Law and International Treaty provisions.
  1. All material on WSI, including, without limitation, all informational text, design and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Ascendant or other parties that have licensed their material to Ascendant, and are protected by copyright, trademark, trade dress and other foreign and domestic intellectual property laws. Ascendant disclaims any proprietary interest in copyrights, trademarks, trade dress, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images, graphics, audio, and service marks displayed on WSI are the property of either Ascendant or other third parties; You agree not to display or use such property without Ascendant's prior written permission.
  2. The Materials on WSI may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior written consent of Ascendant. Any modification of the Materials, use of the Materials on any networked computer environment, or use of the Materials for any purpose other than non-commercial use for Your internal business purposes, without the prior consent of Ascendant, may be a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
  3. If You have properly accessed WSI, You may use and display the visuals, information, and documents contained in or made available through WSI solely for Your internal business purposes. All rights not expressly granted by Ascendant to You are reserved by Ascendant or its licensors.

Submissions

Ascendant does not accept suggestions, ideas, feedback, recommendations, concepts, posting, techniques for new services or products, or other information provided by You through WSI ("Submissions"). If such Submissions are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Ascendant and its affiliates are under no obligation to keep such information confidential, and (c) Ascendant alone shall own all right, title, and interest, including all related intellectual property rights, to any Submissions, and You agree to assign such Submissions to Ascendant free of charge. Ascendant may use or not use such Submissions as it deems appropriate in its sole discretion.

Restrictions

You agree not to:
  1. upload, transmit, post, e-mail or otherwise make available to the Site, or the Service, any content or other material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful (including, but not limited to, laws governing consumer protection, unfair competition, antidiscrimination, or false advertising), harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, libelous or otherwise objectionable; (ii) infringes any third party's intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, cancelbots, easter eggs, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment;
  2. alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on WSI;
  3. impersonate any person or entity, including, but not limited to, any Ascendant official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. attempt, through any means, to gain unauthorized access to WSI, or another user's account on WSI;
  5. use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in or through WSI without Ascendant's prior express written permission. Systematic retrieval of data or other content from the Site or WSI to create or compile, directly or indirectly, a collection, compilation, database or directory without Ascendant's prior written permission is prohibited;
  6. take any action that imposes an unreasonable or disproportionately large load on the Site's or WSI's infrastructure; or
  7. create liability for Ascendant or cause Ascendant to lose (in whole or in part) the services of its information technology partners or other suppliers.
  8. use information obtained via WSI to replace contractual obligations to provide Point of Sale (POS) reporting, nor is WSI information to be used to calculate commissions.

Privacy Notice

This Privacy Notice supplements the Ascendant Privacy Statement and explains how Ascendant processes your personal data as a controller relative to the WSI solution.

Apart from when we collect your personal data as a controller as described herein, we process your personal data in connection with the provisioning of our services to the company you are working for (Company), on behalf of Company and therefore as a processor. Please contact your Company for information according to Art. 13 GDPR in this regard.

What kind of personal data do we process?

Personal and contact details, such as full name and email address
Your acceptance of the End User Licence Agreement (“EULA”) (for your Company) and AUP.

What is the source for your personal data?

Self-registration.
Your Company registers you.

For which purposes do we collect and process your personal data?

Your personal data will be used to in the context of delivering the WSI solution to Company which may include:
  • Your registration in the WSI application
  • Your acceptance of the AUP and – where relevant - of the EULA for Company
  • Contract administration with Company, billing, business inquiries, establishment and maintenance of the business relationship, and improvement of our services;
  • Arranging access to the WSI solution

Which are the lawful basis of processing your personal data?

We process your personal data for the performance of a contract, the AUP and – if Company being a sole proprietor – the EULA.

We further process your personal data based on legitimate interest for example the maintenance of our business relationship with Company, improvement of our services.

How long do we keep your personal data?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

Information about your acceptance of the AUP, registration and download will be kept for 3 years. Please visit our Ascendant Privacy Statement for additional information, especially about your rights as a data subject.

Cookies set on the WSI registration site:

The website uses only cookies which are technically necessary for the operation of the site and therefore are not optional.
Cookie Type Purpose Duration
.AspCoreCore.Cookies Strictly necessary .Net Core Identity cookie Session
ai_session Performance This cookie is associated with Microsoft Application Insights which collects statistical usage and telemetry information for applications built on the Azure cloud platform. This is a unique, anonymous, session identifier cookie. The main purpose is monitoring the performance and health of the platform.xsaz\ Session
ai_session Performance This cookie is associated with Microsoft Application Insights which collects statistical usage and telemetry information for applications built on the Azure cloud platform. This is a unique, user identifier cookie enables counting the number of users accessing the application over time. The main purpose is monitoring the performance and health of the platform. 1 year
ARRAffinity Strictly necessary Used by applications running on the Azure cloud platform for load balancing and to ensure page requests are routed to the same server. Session

Yes, we set strictly necessary cookies to ensure the functionality of the site. These cookies will be session cookies only.

NO WARRANTIES

WSI AND ALL RELATED CONTENT, SOFTWARE AND SERVICES ARE PROVIDED "AS-IS". ASCENDANT MAKES NO REPRESENTATIONS OR WARRANTIES THAT WSI OR ANY CONTENT PROVIDED ON OR THROUGH WSI WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, OR TIMELY, OR THAT WSI OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WSI OR ANY CONTENT CONTAINED ON OR THROUGH WSI IS AT YOUR OWN DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

ASCENDANT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT WSI OR THE SITE, OR ANY USE OF SAME BY YOU.

ASCENDANT AND ITS LICENSORS MAKE NO REPRESENTATION THAT, OR WARRANTIES THAT, WSI OR ANY CONTENT ON OR THROUGH WSI IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING, WITHOUT LIMITATION, EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.

THER ASCENDANT, NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, AFFILIATES OR SUBSIDIARIES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO YOU, YOUR COMPANY, OR ANY OTHER PARTY WITH RESPECT TO WSI OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY EXCLUDED AND DISCLAIMED.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ASCENDANT OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE WSI, EVEN IF ASCENDANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to You.

Indemnification

You hereby acknowledge and agree to indemnify and hold harmless Ascendant, its licensors, and their respective affiliates, subsidiaries, assigns, officers, directors and employees from all costs and expenses (including reasonable attorneys' fees) in the event of any third-party claim relating to Your: (a) breach of any term or condition of this Agreement; or (b) Your use or misuse of WSI.

Failure to Abide by Agreement

Ascendant may, in its sole discretion, remove Your information from its database, warn Ascendant's community of Your actions, issue a warning, suspend or terminate Your access to and any current activities relating to WSI immediately, without notice to You, and refuse to provide WSI to You if You breach the Agreement, or if Ascendant is unable to verify or authenticate any information that You provide, or if Ascendant believes Your actions may cause financial loss or legal liability for You, Ascendant's other customers, affiliates or partners, or Ascendant. Ascendant reserves the right, in its sole discretion, to refuse access to any user at any time to WSI, or any WSI portion. You agree that Ascendant will not be liable to You or any third party for any termination of Your access to WSI.

Export

The sale, resale or other disposition of products and any related technology or documentation are subject to the export control laws, regulations and orders of the United States and may be subject to the export or import control laws and regulations of other countries. You agree to comply with all such laws, regulations and orders and acknowledge that You shall not directly or indirectly export any products to any country to which such export or transmission is restricted or prohibited.

General

As used herein, terms appearing in the singular shall include the plural and terms appearing in the plural shall include the singular. Where there is a conflict between this Agreement and any written contract between You and Ascendant, the terms of Your written contract with Ascendant will govern. No rights, duties, agreements or obligations hereunder may be assigned or transferred by You, by operation of law, merger or otherwise, without the prior written consent of Ascendant. The obligations, rights, terms and conditions in the Agreement will be binding on the parties and their respective, permitted successors and assigns. The waiver, breach, or default of any provision in the Agreement will not be deemed a waiver, breach, or default of any other provision of the Agreement. Any provision which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions in the Agreement in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. THIS AGREEMENT IS GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF UNITED KINGDOM, EXCLUDING ANY LAW OR PRINCIPLE WHICH WOULD APPLY THE LAW OF ANY OTHER JURISDICTION.

Modifications

Ascendant reserves the right to modify these terms and conditions at any time without prior notice. Notice of modifications may be given by posting notice of such changes on WSI, by electronic mail, by facsimile or by conventional mail. You agree that Your continued use of WSI constitutes acceptance of all the terms and conditions, as modified.

Printing.

You are encouraged to print a copy of the terms and conditions of this Agreement for Your records.