Terms of Service
Meetarise Ltd.
Terms of Service
Last Updated: 2nd June 2024
These Terms of Service constitute a legally binding agreement between you and Meetarise.AI
(together with its affiliates, “Meetarise”, “we,” “our” or “us”) governing your use of our products, services, mobile application (the “App”), and website (the “Site” and collectively with the foregoing, the “Services”).
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCEPTING, ACCEPT BY EMAIL, SIGNING THIS DOCUMENT OR CLICKING ON THE “I AGREE” OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP OR ANY APP UPGRADES, USING THE APP ON YOUR MOBILE DEVICE, OR ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE OR THE APP. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
These Terms of Service are effective as of the date you first Accept by Email, signing this document or click “I agree” (or similar button or checkbox) or use or access the Services, whichever is earlier. If you accept or agree to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms of Services; (ii) you have read and understand these Terms of Service; and (iii) you agree to these Terms of Service on behalf of the party that you represent and any permitted users of such party. In such an event, “you” and “your” will refer and apply to your employer or such other legal entity.
Any personal data you submit to us or which we collect about you is governed by our Privacy Policy (“Privacy Policy”), available at https://Meetarise.ai/documents.pdf. You acknowledge that by using the Services, you have reviewed the Documents. The policies is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement.”
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND MEETARISE CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 14). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
1. Our Services
We provide a platform that can record, transcribe, summarize, analyze, and take action on
conversations, helping users easily share their conversations and automate their work.
2. Account, Password, Security, and Mobile Phone Use
You must register with Meetarise and create an account to use the Services (an “Account”) and as part of that process you will be requested to provide certain information, including without limitation your name, and email address. By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any log-in, password, and Account number provided by you or given to you by Meetarise for accessing the Services. You are solely and fully responsible for all activities that occur under your password or Account. Meetarise has no control over the use of any user’s Account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or Account or you suspect any other breach of security, you agree to contact Meetarise immediately.
The person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of these Terms of Service and will be the person who is authorized to use any corresponding Account we provide to the Account Owner in connection with the Services; provided, however, that if you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. As the Account Owner, you are solely responsible for complying with these Terms of Service and only you are entitled to all benefits accruing thereto. Your Account is not transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account.
3. Billing and Payment
Payment and any other expenses must be paid through either via the third party payment processing system (the “PSP”) as indicated on the Services or via direct bank transfer as agreed in the service agreement. You may be required to register with the PSP, agree to terms of service of the PSP, provide your payment details to the PSP and go through a vetting process at the request of the PSP to set up an account with the PSP (the “PSP Services Agreement”). By accepting these Terms of Service, you agree that you have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Meetarise is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Meetarise has no obligations, responsibility or liability to any user or any other party under the PSP
Services Agreement.
All prices and fees displayed on the Services are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services or other taxes, fees or charges now in force or enacted in the future (“Taxes”). Any applicable Taxes are based on the rates applicable to the billing address you provide to us, and will be calculated at the time a transaction is charged to your Account. Unless otherwise indicated, all prices, fees and other charges are in Great Britian Pound, and all payments shall be in England.
4. User Content
“User Content” is defined as any content, information, and materials that may be textual, audio, or visual that you provide, submit, upload, publish, or make otherwise available to the Services and other users. You are the only one who is in charge of User Content. You agree that you are the only one responsible for the User Content you send, transmit, display, or upload while using the Services. You are also responsible for following all laws that apply to the User Content, including, but not limited to, any laws that require you to get permission from a third party to use the User Content and to give proper notices of third-party rights. You promise and guarantee that you have the right to upload the User Content to the Services and that doing so does not violate or infringe on the rights of any third party. Under no circumstances will Meetarise be responsible for (a) User Content that is sent or viewed while using the Services, (b) errors or omissions in the User Content, or (c) any loss or damage of any kind caused by the authorised use of, access to, or denial of access to User Content. Meetarise isn't responsible for any User
Content, but it has the right to delete any User Content at any time without notice if it breaks any of the rules in this agreement or the law. You keep the right to copy User Content and any other rights you already have.
Meetarise is a passive conduit for your online distribution and publication of your User Content. You acknowledge and agree that Meetarise:
● Is not involved in the creation or development of User Content.
● Disclaims any responsibility for User Content.
● Cannot be liable for claims arising out of or relating to User Content.
● Is not obligated to monitor, review, or remove User Content, but reserves the right to limit or
remove User Content on the Services at its sole discretion.
You hereby represent and warrant to Meetarise that your User Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (iii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (iv) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vi) will not facilitate human trafficking; (vii) will not support terrorism or terrorist organizations; (viii) will not be fraudulent, false or misleading; (ix) will not be defamatory, harassing, threatening or abusive, which includes any activity that reflects hatred against others based on race, religion, ethnicity, national origin,
gender or sexual orientation; (x) will not send unauthorized messages, advertising or spam, including unsolicited promotional or commercial content or other mass solicitation materials; (xi) will not misrepresent your identity or affiliation with any entity or organization, or impersonate any other person; (xii) will not harvest, collect or gather user data without consents; (xiii) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (xiv) will not represent you being employed or directly engaged by or affiliated with Meetarise or purport you to act as a representative or agent of Meetarise; and (xv) will not create liability for Meetarise or cause Meetarise to lose (in whole or in part) the services of its ISPs or other suppliers.
You are responsible for compliance with all recording laws. You may choose to record certain meetings in Meetarise. By using the Services, you are giving Meetarise consent to store recordings for any or all Meetarise meetings or webinars that you join, if such recordings are stored in Meetarise’ systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting.
5. Representations and Warranties
You represent and warrant that: (i) you are 18 years of age or older or are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. When you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
You further represent and warrant that (i) you have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy in order to access and use the Services, (ii) you will act professionally and responsibly in your interactions with other users, and (iii) when using or accessing the Services, you will act in accordance with any applicable local, state, or federal law or custom and in good faith.
You agree not to engage in any of the following prohibited activities, among others: (i) copying,
distributing, or disclosing any part of the Services in any medium other than as allowed by the Services and these Terms of Service; (ii) using any automated system (other than any functionalities of the Services), including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email or attempting to phish, pharm, pretext, spider, crawl, or scrape; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (vi) conducting any unlawful purposes or soliciting others to perform or participate in any unlawful acts; (vii) uploading invalid data, viruses, worms, or other software agents through the Services; (viii) infringing upon or violate our
intellectual property rights or the intellectual property rights of others; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) harassing, insulting, harming, abusing, defaming, abusing, harassing, stalking, threatening, intimidating or otherwise violating the legal rights (such as of privacy and publicity) of any other users or visitors of the Services or staff member of Meetarise; (xi) interfering with or any activity that threatens the performance, security or proper functioning of the Services; (xii) uploading or transmitting viruses or any other type of malicious code; (xiii) attempting to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services; (xiv) bypassing the security features or measures we may use to prevent or restrict access to the Services,
including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xv) attempting to access unauthorized Accounts or to collect or track the personal information of others; (xvi) using the Services for any purpose or in any manner that infringes the rights of any third party; or (xvii) encouraging or enabling any other individual to do any of the foregoing.
You hereby warrant and represent that, other than as fully and promptly disclosed to Meetarise as set forth below, you do not have any motivation, status, or interest which Meetarise may reasonably wish to know about in connection with the Services, including without limitation, if you are using or will or intend to use the Services for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to Meetarise in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Services.
6. Technology services
Artificial Intelligence services
For certain services, Meetarise may employ Artificial Intelligence (AI) or other similar technologies, which may include the processing of user data. Meetarise will take reasonable means to preserve the privacy and security of such data, but Meetarise is not liable for any loss or harm resulting from the user's use of AI or similar technologies. By utilizing Meetarise' services, the user understands and accepts the risks involved with the use of AI or similar technologies and agrees to indemnify and hold Meetarise harmless for any claims, damages, or losses resulting from such usage.
Private Cloud services
The Private Cloud user acknowledges and agrees that all Personal User Information (PII), Protected Health Information (PHI), User Content, Organizational Strategies, and Confidential Information collected, accessed, or processed via the Meetarise Private Cloud will be kept strictly confidential and protected. Meetarise.ai, as the supplier of the Private Cloud solution, shall only access and process the user's sensitive data with the user's express permission and solely for the agreed-upon services. The user is entirely responsible for maintaining the secrecy and security of its personal information and for adhering to all applicable data privacy and security legislation.
The Private Cloud user understands and accepts that he or she is solely responsible for the availability and uptime of the Meetarise Private Cloud solution. The user is responsible for administering and monitoring the Private Cloud solution, including keeping adequate backups, disaster recovery plans, and security protocols. Meetarise.AIwill provide the required infrastructure and assistance to ensure that the Private Cloud solution is operational. Meetarise.AIis not liable for any damages or losses resulting from outage or unavailability of the Private Cloud service as a result of inadequate management and monitoring by the user.
7. Termination and Suspension
You may cancel and delete your Account at any time by either using the features on the Services to do so (if applicable and available) or by written notice to support@Meetarise.ai. After cancellation your profile will be purged and, you will no longer have access to your Account, your profile or any other information through the Services. The provisions of these Terms of Service which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive any termination of these Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.
At any time and for any reason, we have the right to deny access to the Services to anybody. If Meetarise is investigating you or believes you have violated any of the terms of this Agreement, we may prevent you from accessing the Services or restrict how much of them you can use. We'll inform you in writing or by email. This notice of termination or limitation shall be effective immediately. You cannot register for and create a new Account in the name of a third party, a fake or borrowed name, or your own identity if Meetarise terminates or restricts your ability to use the Services due to this section, even if you are acting on their behalf.
Even after your right to use the Services is terminated or limited, this Agreement will remain enforceable against you. Meetarise reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 14 of these Terms of Service.
Meetarise reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Services at its sole discretion. Meetarise is not liable to you for any modification or discontinuance of all or any portion of the Services. Meetarise has the right to restrict anyone from completing registration as a user if Meetarise believes such a person may threaten the safety and integrity of the Services, or if, in Meetarise discretion, such restriction is necessary to address any other reasonable business concern.
Following the termination or cancellation of your Account (as defined below), we reserve the right to delete all your data, including any User Content, in the normal course of operation. Your data cannot be recovered once your Account is terminated or canceled.
8. Links to Third-Party Websites
From time to time, the app may have links to sites outside of it. These sites may have links to offers and promotions from third parties. We put these in so that you can find information, products, or services that you might find helpful or interesting. We are not responsible for what is on these sites or what they offer, and we can't promise that they will always be up and running. Just because we have links to these other sites doesn't mean that we support or work with the people who run or promote them.
The terms and conditions of use and privacy policies for any website controlled, owned, or run by a third party tell you how to use that website. You use these websites run by other people at your own risk.
Meetarise makes it clear that it is not responsible for anything that happens because you use or look at websites or other content linked from the Services. You agree to not hold Meetarise responsible for anything that might happen if you Accept by Email, signing this document or click on a link on the Services.
As part of the way the Services work, you can link your Account with online accounts you may have with third-party service providers like Google (each such account, a "Third-Party Account") by either: I providing your Third-Party Account login information through the Services; or (ii) allowing Meetarise to access your Third-Party Account, as permitted by the terms and conditions that govern your use of each Third-Party Account. You promise that you have the right to give Meetarise your Third-Party Account login information and/or give Meetarise access to your Third-Party Account, without breaking any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring Meetarise to pay any fees or making Meetarise subject to any usage limits set by such third-party service providers. By giving Meetarise access to any Third-Party Accounts, you agree to the following: (1) Meetarise may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Services via your Account, including, but not limited to, any friend lists; and (2) Meetarise may send and receive additional information to your Third-Party Account to the extent you are no longer the account holder. Unless these Terms of Service say something different, all SNS content, if any, is considered to be User Content. Depending on the Third-Party Accounts you choose and the privacy settings you've made in those Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and
through your Account on the Services. Please note that SNS Content may no longer be available on and through the Services if a Third-Party Account or an associated service becomes unavailable or if Meetarise' access to a Third-Party Account is cut off by the third-party service provider. As explained below, you will be able to turn off the link between your Account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY PROVIDERS. Meetarise doesn't try to check any SNS Content for accuracy, legality, or lack of infringement, among other things, and Meetarise isn't responsible for any SNS Content.
9. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) that users see or read through the Services is owned by Meetarise, excluding User Content, which users hereby grant Meetarise a license to use as set forth herein. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Meetarise owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The
Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without Meetarise’ express prior written consent and, if applicable, the holder of the rights to the User Content.
Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Meetarise and, if applicable, the holder of the rights to the User Content.
The service marks and trademarks of Meetarise, including without limitation Meetarise and Meetarise logos, are service marks owned by Meetarise. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Additionally, you may choose to or we may invite you to submit comments, ideas, or feedback about the Services, including without limitation about how to improve our services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Meetarise under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Meetarise does not waive any rights to use similar or related Feedback previously known to Meetarise, developed by its employees, or obtained from sources other than you. You acknowledge that all
email and other correspondence that you submit to us shall become our sole and exclusive property.
In addition, Meetarise retains all rights to aggregated and anonymous data derived from your use of the Service, with the understanding that such data will not be identifiable as belonging to or emanating from you nor will such data contain information that directly or indirectly identifies you or any other person (natural or otherwise).
Subject to the terms and conditions hereof, you are hereby granted a limited, nonexclusive,
nontransferable, freely revocable, right to access and use the Services. We may terminate this right at any time for any reason or no reason. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, reports generated by the Services, and copyrights (the “Meetarise Content”), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Meetarise or, as applicable, its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license or other right in or under any such Intellectual Property Rights, and you agree not to sell, license,
rent, modify, publicly distribute, publicly transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Meetarise Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Your use of the Services and the related licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines and any end user licenses associated with your use of the App. Meetarise may modify such guidelines in its sole discretion at any time. Meetarise reserves the right to terminate your Account and access to the Services if it determines that you have violated any such applicable guidelines.
10. Copyright Complaints and Copyright Agent
Meetarise respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Services infringe upon your copyright or other intellectual property right, please send the following information to Meetarise at support@meetarise.ai
● A description of the copyrighted work that you claim has been infringed, including the URL
(Internet address) or other specific location on the Services where the material you claim is
infringed is located. Include enough information to allow Meetarise to locate the material, and
explain why you think an infringement has taken place;
● A description of the location where the original or an authorized copy of the copyrighted work
exists -- for example, the URL (Internet address) where it is posted or the name of the book in
which it has been published;
● Your address, telephone number, and email address;
● A statement by you that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
● A statement by you, made under penalty of perjury, that the information in your notice is
accurate, and that you are the copyright owner or authorized to act on the copyright owner’s
behalf; and
● An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
11. Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Meetarise and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Services in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify Meetarise in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Meetarise upon termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of Meetarise’ trade secrets, confidential and proprietary information, and all other information and data of Meetarise that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Meetarise or Meetarise’ business, operations or properties, including information about Meetarise’ staff, users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
12. Disclaimer of Warranties
WE DO NOT GIVE YOU ANY KIND OF WARRANTY, EITHER EXPRESS OR IMPLIED, ABOUT THE MEETARISE SERVICES WE GIVE YOU UNDER THIS AGREEMENT. THIS INCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AND CANNOT PROMISE THAT MEETARISE SERVICES WILL WORK WITHOUT PROBLEMS OR THAT SOME OR ALL OF THEM WILL BE UP AND RUNNING ALL THE TIME. YOU AGREE THAT OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS ARE NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO OR CAUSED BY ANY MEETARISE SERVICES AND PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY YOUR USE OF OR ACCESS TO MEETARISE, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE.
IF, DESPITE THE ABOVE EXCLUSIONS, IT IS DETERMINED THAT MEETARISE AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (I) THE TOTAL FEES YOU PAID BY YOU TO SUBSCRIBE TO MEETARISE DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.
13. Indemnification
You hereby agree to indemnify, defend, and hold harmless Meetarise and its officers, directors, employees, agents, attorneys, insurers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any user or third party and (iv) any content submitted by you or using your Account to the Services, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Meetarise reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any
matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Meetarise.
14. Dispute Resolution – Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND MEETARISE CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND MEETARISE TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, you will contact us at support@Meetarise.AIand you and Meetarise will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a “Dispute” as defined below. Except for the right to seek injunctive or other equitable relief described under the “Binding Arbitration” section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise.
Binding Arbitration. You and Meetarise agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Meetarise both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against Meetarise in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an
individual, non-class, and non-representative basis.
Class Action Waiver. You and Meetarise agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and Meetarise both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Meetarise agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.
Arbitration Administration and Rules. The arbitration will be administered by the Arbitration Action 1996 in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related.
Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration. The arbitrator will be either a retired judge
or an attorney licensed to practice law in the UK within 7 days.
Arbitration Location and Procedure. Unless you and Meetarise agree otherwise, the seat of the arbitration shall be in England. If your claim does not exceed GBP 10,000, then the arbitration will be conducted solely on the basis of documents you and Meetarise submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds GBP10,000, your right to a hearing will be determined by Rules. Subject to Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.
Arbitrator’s Decision and Governing Law. The arbitrator shall apply UK law and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified.
Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees. Each party’s responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the rules. The rules in the section is referred to rules mentioned in and per Arbitration Act 1996
15. Governing Law
Except as provided in Section 14 or expressly provided in writing otherwise, this Agreement and your use of the Services will be governed by, and will be construed under, the laws of the UK, without regard to choice of law principles.
16. No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
17. General Provisions
This Agreement constitutes the complete and exclusive agreement between you and Meetarise with respect to its subject matter, This agreement is legally binding unless otherwise noted by Meetarise. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Class Action Waiver” in Section 14, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (i) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (ii) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (1) to a parent or subsidiary, (2) to an
acquirer of assets, or (3) to any other successor or acquirer. Any assignment in violation of this section shall be null and void.
18. Changes to this Agreement and the Services
Meetarise reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including these Terms of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information through the Services at any time, effective with or without prior notice and without any liability to Meetarise. Meetarise will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Services. Your continued use of the service after any and all modifications represents your acceptance of the agreement. In addition, Meetarise may place restrictions on your use of specific features or limit your access to all or a portion of the services.
19. No Rights of Third Parties
None of the terms of this Agreement are enforceable by any persons who are not a party to this
Agreement.
20. Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by email or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.
21. Contacting Us
If you have any questions about these Terms of Service or about the Services, please contact us by email at support@Meetarise.AI
Data Processing Terms
Meetarise.AI
Data Processing Agreement
Last Updated: 2nd June 2024
This Data Processing Agreement (“DPA”) sets out the terms, requirements, and conditions on which Meetarise.AI will process Client Personal Data for the purposes of the Objective. This DPA contains the mandatory clauses required by Article 28(3) of the General Data Protection Regulation (EU) 2016/679 ("GDPR") for contracts between controllers and processors, as well as compliance with the applicable provisions of the GDPR and related EU data protection laws, including the European Data Protection Board (EDPB) guidelines and the EU Commission’s standard contractual clauses (SCCs) where applicable
1. Definitions
The following definition applies in this DPA.
1.1 Definitions:
Client Personal Data: means Personal Data provided by the Client. Personal Data: means personal data under the definition set out in GDPR. Meetarise.AI Data: means Personal Data provided by Meetarise.ai
Objective: means the Services to be provided by Meetarise.AI according to the Terms of Service updated on May 5 2023, which together with the Order Form constitute a legally binding agreement between the parties (“Agreement”).
Data Protection Legislation: means all applicable data protection and privacy legislation in force from time to time, including without limitation:
1. The UK GDPR.
2. The Data Protection Act 2018 (and regulations made thereunder) (DPA 2018).
3. The Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
4. The EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) as applicable.
5. The ePrivacy Directive (Directive 2002/58/EC) as amended and national implementations thereof, and any successor legislation or regulations applicable in the UK and the EU.
2. Personal data types and processing purposes
2.1 The Client and Meetarise.AI acknowledge and agree that for the purpose of the Data Protection Legislation:
(a) the Client is the Controller and Meetarise.AI is the Processor, save with respect to Meetarise.AI Data for which Meetarise.AI is a Controller.
(b) the Client retains control of Client Personal Data and remains responsible for its compliance obligations under the applicable Data Protection Legislation, including providing any required notices and obtaining any required consents, and for the processing instructions it gives to Meetarise.AI; and
(c) Annex A describes the subject matter, duration, nature and purpose of processing and the Personal Data categories and Data Subject types in respect of which Meetarise.AI may process.
3. Meetarise.AI’s obligations
3.1 Meetarise.AI will only process the Client Personal Data to the extent, and in such a manner, as is necessary for the Objective. Meetarise.AI will not process the Client Personal Data for any other purpose or in a way that does not comply with this DPA or the Data Protection Legislation. Meetarise.AI must promptly notify the Client if, in its opinion, the Client’s instructions do not comply with the Data Protection Legislation.
3.2 Meetarise.AI will maintain the confidentiality of the Client Personal Data and will not disclose the Client Personal Data to third parties unless the Client or this DPA specifically authorises the disclosure, or as required by domestic or EU law, court, or regulator (including the Commissioner). If a domestic or EU law, court, or regulator (including the Commissioner) requires Meetarise.AI to process or disclose the Client Personal Data to a third-party, Meetarise.AI must first inform the Client of such legal or regulatory requirement and give the Client an opportunity to object or challenge the requirement, unless the domestic or EU law prohibits the giving of such notice.
3.3 Meetarise.AI will reasonably assist the Client, at no additional cost to the Client, with meeting the Client’s compliance obligations under the Data Protection Legislation, taking into account the nature of Meetarise.AI’s processing and the information available to Meetarise.AI, including in relation to Data Subject rights, data protection impact assessments and reporting to and consulting with the Commissioner under the Data Protection Legislation.
3.4 Meetarise.AI must notify the Client promptly of any changes to the Data Protection Legislation that may reasonably be interpreted as adversely affecting Meetarise.AI’s performance of the Objective or this DPA.
4. Meetarise.AI Data
4.1 Meetarise.AI Data is made available only for use for the purposes of the Objective and must not be made public by the Client. By making Meetarise.AI Data public or using it other than for the purposes for which it is provided, the Client may be in breach of the Data Protection Legislation and the terms of this DPA. The Client shall not transfer or access Meetarise.AI Data outside of the UK or the European Economic Area (“EEA”) except with the prior written consent of Meetarise.AI and subject to appropriate safeguards.
4.2 The client is responsible for keeping Meetarise.AI Data safe and using appropriate security measures to prevent unauthorised access, copying, modification, storage, reproduction, display, or distribution of the data. If any unauthorised access occurs, the client must take immediate action to remedy the situation. The security measures used by the service provider must be at least as good as the security measures used by the client to protect their personal data or confidential information.
4.3 If the Client becomes aware of any misuse of any Meetarise.AI Data, or any security breach in connection with the DPA that could compromise the security or integrity of Meetarise.AI Data or otherwise adversely affect Meetarise.AI, or if the Client learns or suspects that any password or other security feature has been revealed to or obtained by any unauthorised person, the Client shall promptly notify Meetarise.AI and fully co-operate with Meetarise.AI to remedy the issue as soon as reasonably practicable.
4.4 The Client understands and acknowledges that Meetarise.AI gives no opinion and makes no recommendation in relation to any persons appearing in Meetarise.AI Data.
5. Meetarise.AI Employees
5.1 Meetarise.AI shall ensure that its personnel engaged in the Processing of Personal Data are informed of the confidential nature of the Personal Data as well as any security obligations with respect to such Data.
5.2 Meetarise.AI will take appropriate steps to ensure compliance with the Security Measures (defined below) by its personnel to the extent applicable to their scope of performance, including ensuring that all persons authorized to process your Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality and that any such obligations survive the termination of that individual’s engagement with Meetarise.AI.
5.3 Meetarise.AI shall ensure that access to Personal Data is limited to authorized personnel who require such access to perform the Services.
6. Security
6.1 Meetarise.AI is required to take necessary steps to prevent unauthorised or illegal processing, access, disclosure, copying, modification, storage, reproduction, display, or distribution of Client Personal Data. Additionally, Meetarise.AI must take measures to prevent accidental or illegal loss, destruction, alteration, disclosure, or damage of Client Personal Data.
6.2 Meetarise.AI shall maintain administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of your Personal Data. Meetarise.AI will implement and maintain technical and organizational measures to protect your data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access as described in Appendix 1 (the “Security Measures”, available to those with login credentials). As described in Appendix 1, the Security Measures include measures to protect Personal Data; to help ensure ongoing confidentiality, integrity, availability and resilience of Meetarise.AI’s systems and services; to help restore timely access to Personal Data following an incident; and for regular testing of effectiveness. Meetarise.AI may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services.
7. Personal Data Breach
7.1 Meetarise.AI shall, without undue delay, notify the Client if it becomes aware of:
(a) any accidental, unauthorised, or unlawful processing of the Client Personal Data; or
(b) any Personal Data Breach.
7.2 Following any Personal Data Breach, the parties will co-ordinate with each other to investigate the matter. Meetarise.AI will reasonably co-operate with the Client in the Client’s handling of the matter, including:
(a) assisting with any investigation.
(b) making available all relevant records, logs, files, data reporting and other materials required to comply with Data Protection Legislation or as otherwise reasonably required by the Client; and
(c) taking reasonable and prompt steps to mitigate the effects and to minimise any damage resulting from the personal data breach.
8. Cross-border transfers of personal data
8.1 Meetarise.AI must not transfer or otherwise process Client Personal Data outside the EEA or UK without obtaining the Client’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed provided that all transfers by Meetarise.AI of Client Personal Data shall (to the extent required under the Data Protection Legislation) be affected by way of appropriate safeguards and in accordance with Data Protection Legislation.
8.2 If any Client Personal Data transfer between the Client and Meetarise.AI requires execution of Standard Contractual Clauses (“SCC’s”) in order to comply with the Data Protection Legislation (where the Client is the entity exporting Client Personal Data to Meetarise.AI outside the EEA), the parties will complete all relevant details in, and execute the SCC’s, and take all other actions required to legitimise the transfer. The SCC’s are part of this DPA as Annex A.
9. Subcontractors
9.1 The Client grants to Meetarise.AI specific authorisation to appoint the sub-processors listed in Annex A in connection with the Objective.
9.2 Subject to clause 8.1, Meetarise.AI may only authorise a subcontractor to process the Client Personal Data if:
(a) the Client is provided with an opportunity to object to the appointment of each subcontractor within fourteen (14) days after Meetarise.AI supplies the Client with details regarding such subcontractor; and
(b) Meetarise.AI enters into a written contract with the subcontractor that contains terms substantially the same as those set out in this DPA, in particular, in relation to requiring appropriate technical and organisational data security measures.
9.3 Where the subcontractor fails to fulfil its obligations under such written DPA, Meetarise.AI remains fully liable to the Client for the subcontractor's performance of its DPA obligations.
10. Complaints, data subject requests and third-party rights
10.1 Meetarise.AI shall provide such information to the Client as the Client may reasonably require, to enable the Client to comply with:
(a) the rights of data subjects under the Data Protection Legislation, including subject access rights, the rights to rectify and erase personal data, object to the processing and automated processing of personal data, and restrict the processing of personal data; and
(b) information or assessment notices served on the Client by any supervisory authority under the Data Protection Legislation.
10.2 Meetarise.AI must notify the Client immediately if it receives any complaint, notice or communication that relates directly or indirectly to the processing of the Client Personal Data or to either party's compliance with the Data Protection Legislation.
10.3 Meetarise.AI must notify the Client within seven (7) working days if it receives a request from a Data Subject for access to their Personal Data or to exercise any of their related rights under the Data Protection Legislation.
10.4 Meetarise.AI will give the Client its full co-operation and assistance in responding to any complaint, notice, communication, or data subject request.
10.5 Meetarise.AI must not disclose the Client Personal Data to any Data Subject or to a third party other than at the Client’s request or instruction, as provided for in this DPA or as required by law.
11. Data return and destruction
11.1 At the Client’s request, Meetarise.AI will give the Client a copy of or access to all or part of the Client’s Personal Data in its possession or control.
11.2 On expiry or termination of this DPA, Meetarise.AI will securely delete or destroy or, if directed in writing by the Client, return, all or any Client Personal Data related to this DPA in its possession or control.
11.3 If any law, regulation, or government or regulatory body requires Meetarise.AI to retain any documents or materials that Meetarise.AI would otherwise be required to return or destroy, it will notify the Client in writing of that retention requirement, giving details of the documents or materials that it must retain, the legal basis for retention, and establishing a specific timeline for destruction once the retention requirement ends.
12. Records
12.1 Meetarise.AI will keep accurate and up-to-date written records regarding any processing of Client Personal Data it carries out for the Client, including but not limited to, the access, control and security of the Client Personal Data, approved subcontractors and affiliates, the processing purposes, categories of processing, any transfers of personal data to a third country and related safeguards, and a general description of the technical and organisational security measures referred to in clause 6.1 (“Records”).
12.2 Meetarise.AI will ensure that the Records are sufficient to enable the Client to verify Meetarise.AI's compliance with its obligations under this DPA and Meetarise.AI will provide the Client with copies of the Records upon request.
13. miscellaneous
13.1 This DPA will take effect on the execution date (the “Effective Date”) and will remain in effect until, and automatically expire upon, the deletion of all of your Personal Data by Meetarise.AI as described in this DPA.
13.2 Nothing in this DPA shall confer any benefits or rights on any person or entity other than the parties to this DPA.
13.3 Where Your Affiliates are Data Controllers of the Personal Data, they may enforce the terms of this DPA against Meetarise.AI directly.
13.4 This DPA may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one DPA.
Name: Name:
Title: Title:
Signature: Signature:
Date: Date:
Annex A:
STANDARD CONTRACTUAL CLAUSES (MODULE TWO – CONTROLLER TO PROCESSOR)
SECTION I
Clause 1 Purpose and scope
(a) The purpose of these standard contractual clauses is to ensure compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) for the transfer of personal data to a third country.
(b) The Parties:
(i) the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter ‘entity/ies’) transferring the personal data, as listed in Annex I.A (hereinafter each ‘data exporter’), and
(ii) the entity/ies in a third country receiving the personal data from the data exporter, directly or indirectly via another entity also Party to these Clauses, as listed in Annex I.A (hereinafter each ‘data importer’) have agreed to these standard contractual clauses (hereinafter: ‘Clauses’).
(c) These Clauses apply with respect to the transfer of personal data as specified in Annex I.B.
(d) The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.
Clause 2
Effect and invariability of the Clauses
(a) These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46(2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.
(b) These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679.
Clause 3
Third-party beneficiaries
(a) Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions:
(i) Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;
(ii) Clause 8.1(b), 8.9(a), (c), (d) and (e);
(iii) Clause 9(a), (c), (d) and (e);
(iv) Clause 12(a), (d) and (f);
(v) Clause 13;
(vi) Clause 15.1(c), (d) and (e);
(vii) Clause 16(e);
(viii) Clause 18(a) and (b).
(b) Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679.
Clause 4 Interpretation
(a) Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.
(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.
(c) These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679.
Clause 5 Hierarchy
In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail.
Clause 6 Description of the transfer(s)
The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex I.B.
Clause 7 Docking clause
Not applicable
SECTION II – OBLIGATIONS OF THE PARTIES
Clause 8
Data protection safeguards
The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through the implementation of appropriate technical and organisational measures, to satisfy its obligations under these Clauses.
8.1 Instructions
(a) The data importer shall process the personal data only on documented instructions from the data exporter. The data exporter may give such instructions throughout the duration of the contract.
(b) The data importer shall immediately inform the data exporter if it is unable to follow those instructions.
8.2 Purpose limitation
The data importer shall process the personal data only for the specific purpose(s) of the transfer, as set out in Annex I.B, unless on further instructions from the data exporter.
8.3 Transparency
On request, the data exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to the data subject free of charge. To the extent necessary to protect business secrets or other confidential information, including the measures described in Annex II and personal
data, the data exporter may redact part of the text of the Appendix to these Clauses prior to sharing a copy, but shall provide a meaningful summary where the data subject would otherwise not be able to understand its content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information.
This Clause is without prejudice to the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.
8.4 Accuracy
If the data importer becomes aware that the personal data it has received is inaccurate, or has become outdated, it shall inform the data exporter without undue delay. In this case, the data importer shall cooperate with the data exporter to erase or rectify the data.
8.5 Duration of processing and erasure or return of data
Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of the processing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the data exporter and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on its behalf and delete existing copies. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit return or deletion of the personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent and for as long as required under that local law. This is without prejudice to Clause 14, in particular the requirement for the data importer under Clause 14(e) to notify the data exporter throughout the duration of the contract if it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under Clause 14(a).
8.6 Security of processing
(a) The data importer and, during transmission, also the data exporter shall implement appropriate technical and organisational measures to ensure the security of the data, including protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to that data (hereinafter ‘personal data breach’). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purpose(s) of processing and the risks involved in the processing for the data subjects. The Parties shall in particular consider having recourse to encryption or pseudonymisation, including during transmission, where the purpose of processing can be fulfilled in that manner. In case of pseudonymisation, the additional information for attributing the personal data to a specific data subject shall, where possible, remain under the exclusive control of the data exporter. In complying with its obligations under this paragraph, the data importer shall at least implement the technical and organisational measures specified in Annex II. The data importer shall carry out regular checks to ensure that these measures continue to provide an appropriate level of security.
(b) The data importer shall grant access to the personal data to members of its personnel only to the extent strictly necessary for the implementation, management and monitoring of the contract. It shall ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
(c) In the event of a personal data breach concerning personal data processed by the data importer under these Clauses, the data importer shall take appropriate measures to address the breach, including measures to mitigate its adverse effects. The data importer shall also notify the data exporter without undue delay after having become aware of the breach. Such notification shall contain the details of a contact point where more information can be obtained, a description of the nature of the breach (including, where possible, categories and approximate number of data subjects and personal data records concerned), its likely consequences and the measures taken or proposed to address the breach including, where appropriate, measures to mitigate its possible adverse effects. Where, and in so far as, it is not possible to provide all information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.
(d) The data importer shall cooperate with and assist the data exporter to enable the data exporter to comply with its obligations under Regulation (EU) 2016/679, in particular to notify the competent supervisory authority and the affected data subjects, taking into account the nature of processing and
the information available to the data importer.
8.7 Sensitive data
Where the transfer involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (hereinafter ‘sensitive data’), the data importer shall apply the specific restrictions and/or additional safeguards described in Annex I.B.
8.8 Onward transfers
The data importer shall only disclose the personal data to a third party on documented instructions from the data exporter. In addition, the data may only be disclosed to a third party located outside the European Union (in the same country as the data importer or in another third country, hereinafter ‘onward transfer’) if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if:
(i) the onward transfer is to a country benefitting from an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679 that covers the onward transfer;
(ii) the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or 47 Regulation of (EU) 2016/679 with respect to the processing in question;
(iii) the onward transfer is necessary for the establishment, exercise or defence of legal claims in the context of specific administrative, regulatory or judicial proceedings; or
(iv) the onward transfer is necessary in order to protect the vital interests of the data subject or of another natural person.
Any onward transfer is subject to compliance by the data importer with all the other safeguards under these Clauses, in particular purpose limitation.
8.9 Documentation and compliance
(a) The data importer shall promptly and adequately deal with enquiries from the data exporter that relate to the processing under these Clauses.
(b) The Parties shall be able to demonstrate compliance with these Clauses. In particular, the data importer shall keep appropriate documentation on the processing activities carried out on behalf of the data exporter.
(c) The data importer shall make available to the data exporter all information necessary to demonstrate compliance with the obligations set out in these Clauses and at the data exporter’s request, allow for and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or audit, the data exporter may take into account relevant certifications held by the data importer.
(d) The data exporter may choose to conduct the audit by itself or mandate an independent auditor. Audits may include inspections at the premises or physical facilities of the data importer and shall, where appropriate, be carried out with reasonable notice.
(e) The Parties shall make the information referred to in paragraphs (b) and (c), including the results of any audits, available to the competent supervisory authority on request.
Clause 9
Use of sub-processors
(a) The data importer has the data exporter’s general authorisation for the engagement of sub- processor(s) from an agreed list. The data importer shall specifically inform the data exporter in writing of any intended changes to that list through the addition or replacement of sub-processors at least thirty
(30) days in advance, thereby giving the data exporter sufficient time to be able to object to such changes prior to the engagement of the sub-processor(s). The data importer shall provide the data exporter with the information necessary to enable the data exporter to exercise its right to object.
(b) Where the data importer engages a sub-processor to carry out specific processing activities (on behalf of the data exporter), it shall do so by way of a written contract that provides for, in substance, the same data protection obligations as those binding the data importer under these Clauses, including
in terms of third-party beneficiary rights for data subjects. The Parties agree that, by complying with this Clause, the data importer fulfils its obligations under Clause 8.8.
The data importer shall ensure that the sub-processor complies with the obligations to which the data importer is subject pursuant to these Clauses.
(c) The data importer shall provide, at the data exporter’s request, a copy of such a sub-processor agreement and any subsequent amendments to the data exporter. To the extent necessary to protect business secrets or other confidential information, including personal data, the data importer may redact the text of the agreement prior to sharing a copy.
(d) The data importer shall remain fully responsible to the data exporter for the performance of the sub- processor’s obligations under its contract with the data importer. The data importer shall notify the data exporter of any failure by the sub-processor to fulfil its obligations under that contract.
(e) The data importer shall agree a third-party beneficiary clause with the sub-processor whereby – in the event the data importer has factually disappeared, ceased to exist in law or has become insolvent – the data exporter shall have the right to terminate the sub-processor contract and to instruct the sub- processor to erase or return the personal data.
Clause 10 Data subject rights
(a) The data importer shall promptly notify the data exporter of any request it has received from a data subject. It shall not respond to that request itself unless it has been authorised to do so by the data exporter.
(b) The data importer shall assist the data exporter in fulfilling its obligations to respond to data subjects’ requests for the exercise of their rights under Regulation (EU) 2016/679. In this regard, the Parties shall set out in Annex II the appropriate technical and organisational measures, taking into account the nature of the processing, by which the assistance shall be provided, as well as the scope and the extent of the assistance required.
(c) In fulfilling its obligations under paragraphs (a) and (b), the data importer shall comply with the instructions from the data exporter.
Clause 11 Redress
(a) The data importer shall inform data subjects in a transparent and easily accessible format, through individual notice or on its website, of a contact point authorised to handle complaints. It shall deal promptly with any complaints it receives from a data subject.
(b) In case of a dispute between a data subject and one of the Parties as regards compliance with these Clauses, that Party shall use its best efforts to resolve the issue amicably in a timely fashion. The Parties shall keep each other informed about such disputes and, where appropriate, cooperate in resolving them.
(c) Where the data subject invokes a third-party beneficiary right pursuant to Clause 3, the data importer shall accept the decision of the data subject to:
(i) lodge a complaint with the supervisory authority in the Member State of his/her habitual residence or place of work, or the competent supervisory authority pursuant to Clause 13;
(ii) refer the dispute to the competent courts within the meaning of Clause 18.
(d) The Parties accept that the data subject may be represented by a not-for-profit body, organisation or association under the conditions set out in Article 80(1) of Regulation (EU) 2016/679.
(e) The data importer shall abide by a decision that is binding under the applicable EU or Member State law.
(f) The data importer agrees that the choice made by the data subject will not prejudice his/her substantive and procedural rights to seek remedies in accordance with applicable laws.
Clause 12 Liability
(a) Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies by any breach of these Clauses.
(b) The data importer shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non- material damages the data importer or its sub-processor causes the data subject by breaching the third-party beneficiary rights under these Clauses.
(c) Notwithstanding paragraph (b), the data exporter shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data exporter or the data importer (or its sub-processor) causes the data subject by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liability of the data exporter and, where the data exporter is a processor acting on behalf of a controller, to the liability of the controller under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable.
(d) The Parties agree that if the data exporter is held liable under paragraph (c) for damages caused by the data importer (or its sub-processor), it shall be entitled to claim back from the data importer that part of the compensation corresponding to the data importer’s responsibility for the damage.
(e) Where more than one Party is responsible for any damage caused to the data subject as a result of a breach of these Clauses, all responsible Parties shall be jointly and severally liable and the data subject is entitled to bring an action in court against any of these Parties.
(f) The Parties agree that if one Party is held liable under paragraph (e), it shall be entitled to claim back from the other Party/ies that part of the compensation corresponding to its/their responsibility for the damage.
(g) The data importer may not invoke the conduct of a sub-processor to avoid its own liability.
Clause 13 Supervision
(a) The supervisory authority with responsibility for ensuring compliance by the data exporter with Regulation (EU) 2016/679 as regards the data transfer, as indicated in Annex I.C, shall act as competent supervisory authority.
(b) The data importer agrees to submit itself to the jurisdiction of and cooperate with the competent supervisory authority in any procedures aimed at ensuring compliance with these Clauses. In particular, the data importer agrees to respond to enquiries, submit to audits and comply with the measures adopted by the supervisory authority, including remedial and compensatory measures. It shall provide the supervisory authority with written confirmation that the necessary actions have been taken.
SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY PUBLIC AUTHORITIES
Clause 14
Local laws and practices affecting compliance with the Clauses
(a) The Parties warrant that they have no reason to believe that the laws and practices in the third country of destination applicable to the processing of the personal data by the data importer, including any requirements to disclose personal data or measures authorising access by public authorities, prevent the data importer from fulfilling its obligations under these Clauses. This is based on the understanding that laws and practices that respect the essence of the fundamental rights and freedoms and do not exceed what is necessary and proportionate in a democratic society to safeguard one of the objectives listed in Article 23(1) of Regulation (EU) 2016/679, are not in contradiction with these Clauses.
(b) The Parties declare that in providing the warranty in paragraph (a), they have taken due account in particular of the following elements:
(i) the specific circumstances of the transfer, including the length of the processing chain, the number of actors involved, and the transmission channels used; intended onward transfers; the type of recipient; the purpose of processing; the categories and format of the transferred personal data; the economic sector in which the transfer occurs; the storage location of the data transferred;
(ii) the laws and practices of the third country of destination– including those requiring the disclosure of data to public authorities or authorising access by such authorities – relevant in light of the specific circumstances of the transfer, and the applicable limitations and safeguards;
(iii) any relevant contractual, technical, or organisational safeguards put in place to supplement the safeguards under these Clauses, including measures applied during transmission and to the processing of the personal data in the country of destination.
(c) The data importer warrants that, in carrying out the assessment under paragraph (b), it has made its best efforts to provide the data exporter with relevant information and agrees that it will continue to cooperate with the data exporter in ensuring compliance with these Clauses.
(d) The Parties agree to document the assessment under paragraph (b) and make it available to the competent supervisory authority on request.
(e) The data importer agrees to notify the data exporter promptly if, after having agreed to these Clauses and for the duration of the contract, it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under paragraph (a), including following a change in the laws of the third country or a measure (such as a disclosure request) indicating an application of such laws in practice that is not in line with the requirements in paragraph (a).
(f) Following a notification pursuant to paragraph (e), or if the data exporter otherwise has reason to believe that the data importer can no longer fulfil its obligations under these Clauses, the data exporter shall promptly identify appropriate measures (e.g. technical or organisational measures to ensure security and confidentiality) to be adopted by the data exporter and/or data importer to address the situation. The data exporter shall suspend the data transfer if it considers that no appropriate safeguards for such transfer can be ensured, or if instructed by the competent supervisory authority to do so. In this case, the data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses. If the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise. Where the contract is terminated pursuant to this Clause, Clause 16(d) and (e) shall apply.
Clause 15
Obligations of the data importer in case of access by public authorities
15.1 Notification
(a) The data importer agrees to notify the data exporter and, where possible, the data subject promptly (if necessary, with the help of the data exporter) if it:
(i) receives a legally binding request from a public authority, including judicial authorities, under the laws of the country of destination for the disclosure of personal data transferred pursuant to these Clauses; such notification shall include information about the personal data requested, the requesting authority, the legal basis for the request and the response provided; or
(ii) becomes aware of any direct access by public authorities to personal data transferred pursuant to these Clauses in accordance with the laws of the country of destination; such notification shall include all information available to the importer.
(b) If the data importer is prohibited from notifying the data exporter and/or the data subject under the laws of the country of destination, the data importer agrees to use its best efforts to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible. The data importer agrees to document its best efforts in order to be able to demonstrate them on request of the data exporter.
(c) Where permissible under the laws of the country of destination, the data importer agrees to provide the data exporter, at regular intervals for the duration of the contract, with as much relevant information as possible on the requests received (in particular, number of requests, type of data requested, requesting authority/ies, whether requests have been challenged and the outcome of such challenges,
etc.).
(d) The data importer agrees to preserve the information pursuant to paragraphs (a) to (c) for the duration of the contract and make it available to the competent supervisory authority on request.
(e) Paragraphs (a) to (c) are without prejudice to the obligation of the data importer pursuant to Clause 14(e) and Clause 16 to inform the data exporter promptly where it is unable to comply with these Clauses.
15.2 Review of legality and data minimisation
(a) The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under international law and principles of international comity. The data importer shall, under the same conditions, pursue possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending the effects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause 14(c).
(b) The data importer agrees to document its legal assessment and any challenge to the request for disclosure and, to the extent permissible under the laws of the country of destination, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request.
(c) The data importer agrees to provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request.
SECTION IV – FINAL PROVISIONS
Clause 16
Non-compliance with the Clauses and termination
(a) The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.
(b) In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses, the data exporter shall suspend the transfer of personal data to the data importer until compliance is again ensured or the contract is terminated. This is without prejudice to Clause 14(f).
(c) The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where:
(i) the data exporter has suspended the transfer of personal data to the data importer pursuant to paragraph (b) and compliance with these Clauses is not restored within a reasonable time and in any event within one month of suspension;
(ii) the data importer is in substantial or persistent breach of these Clauses; or
(iii) the data importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses.
In these cases, it shall inform the competent supervisory authority of such non-compliance. Where the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.
(d) Personal data that has been transferred prior to the termination of the contract pursuant to paragraph
(c) shall at the choice of the data exporter immediately be returned to the data exporter or deleted in its entirety. The same shall apply to any copies of the data. The data importer shall certify the deletion of the data to the data exporter. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit the return or deletion of the transferred personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process the data to the extent and for as long as
required under that local law.
(e) Either Party may revoke its agreement to be bound by these Clauses where (i) the European Commission adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679 that covers the transfer of personal data to which these Clauses apply; or (ii) Regulation (EU) 2016/679 becomes part of the legal framework of the country to which the personal data is transferred. This is without prejudice to other obligations applying to the processing in question under Regulation (EU) 2016/679.
Clause 17 Governing law
These Clauses shall be governed by the law of one of the EU Member States, provided such law allows for third- party beneficiary rights.
Clause 18
Choice of forum and jurisdiction
(a) Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State.
(b) The Parties agree that those shall be the courts mutually agreed by both parties
(c) A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of the Member State in which he/she has his/her habitual residence.
(d) The Parties agree to submit themselves to the jurisdiction of such courts.
Annex 1 to Schedule A
A. LIST OF PARTIES
Data exporter(s):
Name:
Address:
Contact person’s name, position and contact details:
Activities relevant to the data transferred under these Clauses:
Signature and Date: as per execution date. Role (controller/processor): controller
Data importer(s):
Name: Meetarise.AI
Address: 5 Vasey Way, Eaton Leys, MK179GZ, UK
Dipita Pradhan
Activities relevant to the data transferred under these Clauses: provision of the Services. Signature and Date: as per execution date.
Role (controller/processor): processor
B. DESCRIPTION OF TRANSFER
Categories of data subjects whose personal data is transferred
Data exporter may submit Personal Data to the Services, the extent of which is determined and controlled by the data exporter in its sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of data subjects:
● Prospects, customers, business partners and vendors of data exporter (who are natural persons).
● Employees or contact persons of data exporter’s prospects, customers, business partners and vendors.
● Employees, agents, advisors, freelancers of data exporter (who are natural persons).
● Data exporter’s Users authorized by data exporter to use the Services.
Categories of personal data transferred
Data exporter may submit Personal Data to the Services, the extent of which is determined and controlled by the data exporter in its sole discretion, and which may include, but is not limited to the following categories of Personal Data:
Personal Data Categories:
The personal data transferred concern the following categories of personal data: data provided by the account owner Host and meeting participants in order for the data importer to provide the Services as described under the Agreement, including:
● Information provided in connection with registering an account, including name, company name, e-mail, physical address, phone number, and any other information provided.
● Information provided in order to authenticate an account, including account name, password, and any other information provided.
● Information provided in connection with completing a transaction or purchase using the Services.
● Information provided in connection with using the Services, including name, company name, email address, physical address, phone number, and any other information provided.
● Information provided via email, through the “Contact” section on the website or by using the contact details listed on various parts of the website, including name, company name, e-mail address, physical address, phone number;
● Information provided in order to subscribe to our newsletters and updates, including email address, the topic for which the user wish to receive updates, or any other information you decided to bee provided. Users may always unsubscribe from these emails by following the instructions included.
● If controller are one of our customers, suppliers or prospects, we may process limited Personal Information in the course of our business relation, for example when place an order, request a demo or vice versa. Such Personal Information may include name, company, title, e-mail address, phone number, address, order details, and where applicable and relevant, credit registrations and credit limits;
● Transaction and limited (non-PCI) payment data;
● Meeting titles and calendar metadata;
● Encrypted derivatives of transcript data such as summaries;
● Any other information that may wanted to be shared with us, such as Personal Information related to recruitment / job applications.
The parties do not intend for any sensitive data, including special category data, to be processed under the Agreement.
Frequency of Transfer
Personal data will be transferred to the importer on a continuous basis throughout the duration of the Services.
Nature of the Processing
Processing of personal data that the exporter elects, in its discretion, to send to the importer in connection with the use of the Services purchased by the exporter, and as otherwise permitted by the Agreement.
Purpose(s) of the Data Transfer and Further Processing
The data transfer and further processing are for the operation, support, use, or provisioning of the Services.
Retention Period
The period of retention is as set out in the Agreement.
Transfers to (Sub-)Processors
Sub-processors are used by the data importer throughout the entire duration of the Agreement. The subject matter, nature, and duration of the processing by sub-processors are as follows:
Subject Matter: Processing personal data in connection with the Services. Nature: Operations necessary to provide and support the Services.
Duration: For the entire duration of the Agreement.
The current sub-processors used by the data importer as of the date of this Data Processing Agreement (DPA) are listed in the Sub-processor List.
C. COMPETENT SUPERVISORY AUTHORITY
Identify the competent supervisory authority/ies in accordance with Clause 13. The competent supervisory shall be either (i) the supervisory authority of Ireland, or (ii) otherwise determined in accordance with the GDPR.
Approved Sub-processors:
Name of sub- processor
Location of the sub- processor
Purpose
website
Google Cloud Platform
USA/UK
Data Management
OpenAI
USA
Large Language Model Service: We are in initialization process signed a BAA with Open AI and subscribed for ZERO data retention with Openai.
Zero retention was applied to Meetarise.ai
PostGres
UK
cloud-based database service
Bitbucket
USA
System Version control
Annex 2 of Schedule A
Overview of Meetarise.AI’s Technical and Operational Security Measures
Confidentiality
● Electronic Access Control:Meetarise.AI’s systems are designed to prevent unauthorised use of our data processing and storage systems. We also utilize (secure) passwords, automatic blocking/locking mechanisms and two-factor authentication.
● Internal Access Control:(i.e., permissions for user rights of access to and amendment of data): We create and maintain strict Access Control Lists (ACL’s). All incoming requests to our systems seeking access to personal data are authenticated to prevent unauthorised reading, copying, changes or deletions of data within the system. Each user and subsystem has access to the minimal set of resources it requires to function and no more (i.e., least privileged). We also log and audit system access events.
Integrity
● Data Transfer Controls: All data is encrypted in transit and at rest. Our metadata are stored in databases on our hosting providers which are also encrypted at rest and with which we communicate over secure connections.
We store our recordings on Google Cloud platform bucket where they are protected using server-side encryption and transferred over a secure TLS connection.
● Data Entry Control: Our systems contain access logs to enable us to verify whether and by whom personal data is entered into our systems – or is changed or deleted.
● Local Devices & Corporate Network: Our employees’ machines are password-protected and the storage devices we use are encrypted; our corporate network sits behind a firewall and a VPN.
Data Center
● Infrastructure: Meetarise.AI utilizes geographically distributed data centers.
● Redundancy: Meetarise.AI infrastructure systems have been designed to eliminate single points of failure and minimize the impact of anticipated risks. Most services have been designed to allow Meetarise.AI to release enhancements or corrective maintenance without service interruption. Maintenance is scheduled through a process according to internal policies.
● Server Operating Systems: Most Meetarise.AI servers use a Linux-based implementation. Data is stored using algorithms which secure the data in order to enhance all products in production environments.
● Personnel Security: Meetarise.AI personnel are required to conduct themselves in a manner consistent with the company’s guidelines, professional standards, ethics and confidentiality requirements. Meetarise.AI employees are contractually bound to confidentiality. Personnel handling customer data are required to have a higher level of knowledge, authorization, and training regarding such access.
● Subprocessor Security: From time to time Meetarise.AI will employ carefully selected data SubProcessors. Meetarise.AI conducts diligence on the business suitability, reputation, and technical skills of our SubProcessors. Once Meetarise.AI has assessed the suitability of the Subprocessor, Meetarise.AI subjects our SubProcessors to the minimum-security requirements for a Meetarise.AI Subprocessor.
Availability and Resilience
● Availability Control: Prevention of accidental or willful destruction or loss, e.g.: Backup Strategy (online/offline; on-site/off-site), Uninterruptible Power Supply (UPS), virus protection, firewall, reporting procedures and contingency planning.
● Rapid Recovery: Meetarise.AI replicates data over multiple systems to help to protect against accidental destruction or loss. Meetarise.AI has designed and regularly plans and tests its business continuity planning/disaster recovery programs.
Procedures for regular testing, assessment and evaluation
● Data Protection Management: Meetarise.AI maintains an information security program which includes internal policies and procedures designed to secure data against accidental or unlawful loss, access or disclosure, identify to security and unauthorized access our systems, and minimize security risks, including through risk assessment and regular testing.
● Cyber Hygiene: The security-first culture we’re fostering at Meetarise.AI starts with our individual commitment to cyber hygiene (personal and professional accounts alike).
● Passwords: All employees protect their accounts using strong passwords, the most critical of which are required to be updated regularly, and we employ multifactor authentication (MFA).
● Local Devices & Corporate Network: Our employees’ machines are password-protected and the storage devices we use are encrypted; our corporate network sits behind a Unified Threat Management firewall and a VPN.
● Incident Response Management: Meetarise.AI has an incident response plan and monitors a variety of communication channels for security incidents, and our security personnel will react promptly to known incidents.
● Incident Response Communications: Any security event that materially impacts our customers will result in a customer notification through an account team.
● Order or Contract Control: All data processing via Integration Partners is done solely at the request of each client and no data processing operations may take place without instructions from each client. Meetarise.AI takes reasonable steps to evaluate the privacy and security practices of each Subprocessor and each Subprocessor is required to enter into appropriate security, confidentiality and privacy contract terms with Meetarise.AI.
Privacy Policy
Meetarise.AI
Privacy Policy
Last Updated: 2nd June 2024
This Privacy Policy (the “Privacy Policy”) serves to inform you of our policies and procedures regarding the collection, use and disclosure of the information we receive when you access and use the website (the “Site”), services, software, mobile applications, content, and all other products and services (all of the foregoing collectively, the “Services”) owned, controlled or offered, directly or indirectly, by Meetarise.AI (together with its subsidiaries and affiliates, “Meetarise.AI”, “we,” “our” or “us”). Meetarise.AI believes that the privacy of its users is paramount and strives to use Personal Information (as defined below) only in ways outlined in this Privacy Policy. The Privacy Policy is incorporated by reference into our Terms of Service, currently available at https://Meetarise.AI/documents (the “Terms of Service”) and our Data Processing Terms available at https://Meetarise.AI/documents. Any terms used herein and not defined will have the meanings given to them in the Terms of Service as the context requires. By using the Services, you hereby warrant and represent that you have read, understand and agree to this Privacy Policy and the Terms of Service and that you are over 18 years of age. PLEASE DO NOT USE, INSTALL OR ACCESS THE SERVICES IF YOU DO NOT AGREE TO THIS PRIVACY POLICY.
1. What We Mean by Personal Information
For purposes of this Privacy Policy, “Personal Information” means any information from or about a person that either identifies that person directly or that makes that person identifiable when it is combined with other information from or about that person from any source.
2. Information We Collect
Information You Provide To Us When you use the Services or otherwise communicate with us, we collect information that you provide to us directly. For example, we collect information in the following circumstances: you (i) use our mobile apps or visit the Site, (ii) register for the Services or create an account or profile or accept the creation of an account or profile on your behalf (an “Account”), (iii) access the Services through social networking sites or third party services, (iv) subscribe to newsletters; (v) purchase a product or service on the Site or in our mobile apps; (vi) invite others to use or join the Services, “share” the Services on social networking sites or perform other similar actions; (vii) request technical support; (viii) otherwise use our mobile apps or online Services where Personal Information is required for such use and/or participation, (ix) when you sign up for an automated email or other communication, and (x) when you contact us via the Site or when you otherwise communicate with us. You can choose not to provide information that is requested of you by us; however, this may limit your ability to use or access the Services.
The information you provide to us directly may include, without limitation, the following information that may, alone or in combination with other data, constitute Personal Information:
● Information you provide in connection with registering an Account, including your name, company name, e-mail, physical address, phone number, calendar data, meeting data, derivatives of such data, and any other information you decide to provide;
● Information you provide in order to authenticate an Account, including your Account name, password, and any other information you decide to provide;
● Information you provide in connection with completing a transaction or purchase using the Services;
● Information you provide in connection with using the Services, including your name, company name, email address, physical address, phone number, and any other information you decide to provide;
● Information you provide via email, through the “Contact” section on the Site or by using the contact details listed on various parts of the Site, including your name, company name, e-mail address, physical address, phone number, and any other information you decide to provide;
● Information you provide in order to subscribe to our newsletters and updates, including your email address, the topic for which you wish to receive updates, or any other information you decide to provide us with. You may always unsubscribe from these emails by following the instructions included;
● If you are one of our customers, suppliers or prospects, we may process limited Personal Information in the course of our business relation with you, for example when you place an order, request a demo or vice versa. Such Personal Information may include your name, company, title, e-mail address, phone number, address, order details, and where applicable and relevant, credit registrations and credit limits;
● Transaction and limited (non-PCI) payment data;
● Any other information you may want to share with us, such as Personal Information related to recruitment / job applications.
Moreover, if you contact us, a record of such correspondence may be kept. Additionally, if another user refers you to us by providing us with your e-mail address, we may send you a message. However, we will use your e-mail address only to send such other user’s messages unless you otherwise affirmatively provide your information to us.
Automatically Collected Information
Most of the data we collect in and through the Site and the Services is technical in nature and is collected and processed automatically through so-called application programming interfaces, software development kits, cookies and similar software-based technologies. Alone or in combination with other data, such automatically collected data may constitute Personal Information. The data we may collect by automated means may include, without limitation:
● Device data: including, but not limited to, data on device advertising IDs and similar hardware qualifiers, and precise location data.
● Usage data: including, but not limited to, search terms entered and pages viewed.
● Network and internet information: including, but not limited to, URLs, Internet Protocol addresses, bounce rates, use of spoofing, active (TCP/IP) ports, number of sessions initiated, click streams, location information and network/Wi-Fi access points.
● Information we collect on the use of the Site via cookies: please see the “How We Use Cookies and Other Technologies” section below for more information.
Google Analytics is an element of the Site. By using cookies, Google Analytics collects and stores data such as time of visit, pages visited, time spent on each page of the Site, the Internet Protocol address, and the type of operating system used in the devices used to access the Site. By using a browser plugin available at http://www.google.com/ads/preferences/plugin/ provided by Google, you can opt out of Google Analytics.
Information You Post on the Services
The Services may provide voice, video and text chat, forum or bulletin board tools to users and the ability to create an “avatar” or other customized profile and Account information. Information that you provide through the use of these tools will be available to the public generally. Meetarise.AI has no obligation to keep private any information that you disclose to other users or the public using these functions. You should exercise caution when deciding to disclose Personal Information through the use of these tools or functions. We strongly recommend that you do not post any information through the Services that allows strangers to identify or locate you or that you otherwise do not want to share with the public.
How We Use Cookies and Other Technologies
The Company may use various tracking technologies, such as cookies, web beacons, and local shared objects, on the Site. These technologies may collect information about your device, browsing habits, and usage of the Site, including the type of browser you use, your search preferences, and information about advertisements that have been displayed to you or that you have clicked on. This information enables us to continuously improve the Services. However, you have the option to disable some of these technologies through the settings on your device or browser, although this may affect your ability to use the Site fully.
It is important to note that these technologies may include unique identifiers that can be stored on your device or in emails sent to you by us. We are committed to protecting your privacy and will only use this information in compliance with relevant laws and regulations.
3. Use of Collected Information
We use the information you provide to us for the following purposes: (i) to further our legitimate interests in providing the Services, including without limitation to collect and remit payment for paid features, (ii) to administer your use of the Services and any Accounts you may have with us, (iii) to personalize your experience, (iv) to provide to you Service announcements or inform you of new releases and features, (v) to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, such as newsletters, marketing or promotional materials, (vi) to enforce our Terms of Service, (vii) to resolve any disputes between users of the Site or between such users and us, (viii) comply with a legal requirement or process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (ix) to further our legitimate interest in protecting our rights, property, or safety and the rights, property and safety of the Services, our users or the public, and (x) to contact you to obtain feedback from you regarding the Site and the Services.
In addition to the purposes described above, we use the information collected automatically to (i) to further our legitimate interests in monitoring and analyzing the use of the Services and for the technical administration of the Site, (ii) improve the Site and the Services, (iii) generate and derive useful data and information concerning the interests, characteristics and website use behavior of our users, and (iv) verify that users of the Services meet the criteria required to process their requests. We may use demographic and geo-location, as well as information logged from your hardware or device, including data such as IP address, device model and ID, MAC address, operating system, application usage data, device time zone, region and language, and click ID, to ensure relevant advertising is presented within the Services.
4. Third Parties We Share Personal Information With
We may disclose personal information that you provide to us or that we collect automatically on the Site and through our Services to the following categories of third parties, but only if it is necessary and in compliance with relevant laws and regulations:
● Service providers, such as payment processors, web hosting and data storage providers, and those who help us deliver and develop our Services.
● Public authorities, such as law enforcement, if we are legally required to do so or if it is necessary to protect our rights or the rights of third parties.
● Our subsidiaries and affiliates, or a subsequent owner, co-owner or operator of our Site and/or Services, and their advisors in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our stock and/or assets, or in connection with bankruptcy proceedings, or other corporate reorganization, in accordance with this Privacy Policy.
We are committed to protecting the privacy of our users and will only disclose personal information to third parties when it is necessary and in compliance with relevant laws and regulations. We will also implement strict contracts and data processing agreements with third parties to ensure that they are only using personal information for the specific purposes outlined by us, and that they are protecting the privacy and security of the personal information they receive.
5. Links to Other Websites
From time to time, the Services may have links to sites outside of it. These sites may have links to offers and promotions from third parties. We put these in so that you can find information, products, or services that you might find helpful or interesting. We are not responsible for what is on these sites or what they offer, and we can't promise that they will always be up and running. Just because we have links to these other sites doesn't mean that we support or work with the people who run or promote them. The terms and conditions of use and privacy policies for any website controlled, owned, or run by a third party tell you how to use that website. You use these websites run by other people at your own risk. Meetarise.AI makes it clear that it is not responsible for anything that happens because you use or look at websites or other content linked from the Services. You agree to not hold Meetarise.AI responsible for anything that might happen if you click on a link on the Services.
6. Security
We understand the importance of privacy and security of Personal Information to our users and have made them a priority. Meetarise.AI uses a variety of industry-standard security technologies and procedures to help protect Personal Information about you from unauthorized access, use, or disclosure and trains
Meetarise.AI employees on privacy and security issues. You can read more details about Meetarise.AI security at https://Meetarise.AI/documents.
7. Do Not Track Signals and Similar Mechanisms
Some web browsers transmit “do-not-track” signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
8. Managing Your Privacy
We keep your data on your behalf and for your benefit. You can correct or terminate and delete your Account information by following the instructions on the Services or by email at support@Meetarise.AI, which you may also access for further assistance and questions regarding the Privacy Policy or for a copy of your Account data. If you cancel your Account or request us to delete your information, Meetarise.AI will limit its access to Personal Information to perform what is requested by you and will delete information accessible to Meetarise.AI within seven business days.
For certain of its services, Meetarise.AI may employ Artificial Intelligence (AI) or other similar technologies, which may include the processing of user data. Meetarise.AI will take reasonable means to preserve the privacy and security of such data, but Meetarise.AI is not liable for any loss or harm resulting from the user's use of AI or similar technologies. By utilizing Meetarise.AI' services, the user understands and accepts the risks involved with the use of AI or similar technologies and agrees to indemnify and hold Meetarise.AI harmless for any claims, damages, or losses resulting from such usage.
In addition, Meetarise.AI provides private cloud services to satisfy the demands of consumers or businesses who want their customer data to be strictly isolated. Private cloud customers have greater control over their underlying infrastructure, allowing them to customise it to their own business and regulatory needs. Private cloud customers that want their data to be strictly segregated (for example, customers dealing with PHI) can choose the Private Cloud option to exercise complete control over their compute and data infrastructure, ensuring that their data is separated per their compliance requirements.
9. Your Rights
We take steps to help ensure that you are able to exercise your rights regarding Personal Information about you in accordance with applicable law. If you would like to access, review, erase, withdraw your consent, or object to, or restrict the processing of Personal Data we collect about you, you may submit a request to support@Meetarise.AI. We will promptly review all such requests in accordance with applicable laws. Depending on where you live, you may also have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Information about you. We encourage you to first reach out to us at support@Meetarise.AI, so we have an opportunity to address your concerns directly before you do so.
11. International Transfers of Personal Information
Meetarise.AI is based in the United Kingdom. As a result, Personal Information that we collect in and through the Services and on the Site may be transferred to our offices. In addition, we may work with third-party service providers and in other countries to support our business activities. Thus, Personal Information may be transferred to, stored on servers in, and accessed from the United Kingdom and countries other than the country in which the Personal Information was initially collected. In all such instances, we use, transfer, and disclose Personal Information solely for the purposes described in this Privacy Notice and in compliance with applicable laws.
Accountability for Onward Transfer:
a. Transfer to Third-Party Controllers: When transferring personal information to a third party acting as a controller, Meetarise.AI may enter into a contractual agreement that ensures the data may only be processed for limited and specified purposes consistent with individual consent. The contract may stipulate that the recipient will provide a level of protection consistent with Meetarise.AI’ spolicies and may notify Meetarise.AI if it determines it can no longer meet this obligation. Upon such determination, the third-party controller may cease processing or take other reasonable and appropriate steps to remediate.
b. Transfer to Third-Party Agents: When transferring personal data to a third party acting as an agent, Meetarise.AI may: (i) transfer such data only for limited and specified purposes; (ii) ensure the agent is obliged to provide at least a comparable level of privacy protection; (iii) take reasonable steps to ensure effective processing consistent with Meetarise.AI' obligations; (iv) request the agent to notify Meetarise.AI if it determines it cannot provide the same level of protection; (v) upon notice, take reasonable steps to stop and remediate unauthorized processing; and (vi) provide relevant privacy provisions of its contract with the agent upon request.
Choice:
a. Opt-Out Mechanism: Meetarise.AI may offer individuals the opportunity to choose (opt out) whether their personal information is to be disclosed to a third party or used for a purpose materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individual. Mechanisms for opting out shall be made available, though they may not always be applicable.
b. Exceptions: Choice may not be required when disclosure is made to a third party acting as an agent under the instructions of Meetarise.AI. However, Meetarise.AI shall generally enter into a contract with such agents.
c. Opt-In for Sensitive Information: For sensitive information, Meetarise.AI may obtain affirmative express consent (opt-in) from individuals prior to disclosure to a third party or use for a purpose other than those originally collected or subsequently authorized. Additionally, Meetarise.AI may treat as sensitive any personal information received from a third party where identified and treated as such.
12. Compliance with Data Privacy Frameworks
Meetarise.AI complies with the EU-U.S.Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Meetarise.AI has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) and the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles). If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Meetarise.AI commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs), the UK Information Commissioner’s Office (ICO), and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data and human resources data received in reliance on the mentioned frameworks.
Under certain conditions, individuals have the right to invoke binding arbitration. Meetarise.AI is obligated to arbitrate claims and follow the terms as set forth in Annex I of the DPF Principles, provided that an individual has invoked binding arbitration by delivering notice to Meetarise.AI and following the procedures and subject to conditions set forth in Annex I of Principles.
13. Data Retention
We will delete your Personal Information when it is no longer needed for the purposes for which it was collected, or when you request us to do so. Please note that we may be required by law or other legal obligations to retain some of your Personal Information, even after your request for deletion. However, once those requirements are no longer in place, we will promptly delete your Personal Information in accordance with your request. We are committed to protecting your privacy and ensuring that your personal information is treated with the utmost care and respect.
Our security and Privacy Policy are periodically reviewed and enhanced as necessary. This Privacy Policy might change as we update and expand the Services. You can tell when this Privacy Policy was last updated by reviewing the Last Updated-legend on top of this page. We will endeavor to notify you of these changes by email, but will not be liable for any failure to do so. We also encourage you to review this Privacy Policy periodically. If you do not understand any of the terms or conditions of any of our policies, you may inquire regarding the same via email at support@Meetarise.AI. Your continued use of the Services after any change in this Privacy Policy will constitute your acceptance of such change.
If you have any concerns or questions about this Privacy Policy, please contact us at support@Meetarise.AI.
Disclaimer
Meetarise.AI
DISCLAIMER
Last updated: 2nd June 2024
WEBSITE DISCLAIMER
The information provided by Meetarise.AI ("we," "us," or "our") on www.meetarise.ai (the "Site") and our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.