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Copyright SQL Powerhouse A/S © 2016 - 2021    Terms  |  Private Policy

Terms


Effective as of May 1th, 2019
 
These Service Terms and Conditions (“Agreement”) constitute a contract between SOAK A/S, Foldegade 33, 7100 Vejle, Denmark (“SQL Powerhouse”, and you. SQL Powerhouse wishes to provide and you wish to have the right to access pursuant to the terms of this Agreement, a subscription service. This Agreement includes and incorporates the webpage Order Form with which you purchased the Services and any subsequent Order Forms (submitted in written or electronic form). By accessing or using the Services, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company, organization or other entity, you represent that you have such authority to bind such entity and are agreeing to this Agreement on behalf of such entity. If you do not have such authority to enter into this Agreement or do not agree with these terms and conditions, you may not use the Services.
  1. DEFINITIONS
1.1 “Applicable Law” means the Data Protection Laws and any other applicable laws, rules and regulations.
1.2 “Customer” means the customer that has signed up for the Services and agreed to the terms of this Agreement.
1.3 “Customer Data” means any information or data about Customer or Users (and its and their staff, customers or suppliers, as applicable) that is supplied to SQL Powerhouse by or on behalf of Customer or any User in connection with the Services, or which SQL Powerhouse is required to access, generate, process, store or transmit pursuant to this Agreement, including (without limitation) information about Customer’s and Users’ respective devices, computers and use of the Services. Customer Data shall not be deemed to include any Performance Data.
1.4 “Customer Personal Data” means any Customer Data that is personal data (as defined under the applicable Data Protection Laws).
1.5 “Data Protection Laws” means all data protection and privacy laws, rules and regulations applicable to a party and binding on that party in the performance of its obligations under this Agreement, including, where applicable, EC Directive 2002/58/EC and Regulation 2016/679 of the European Parliament and of the Council 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).
1.6 “Documentation” means guides, instructions, policies and reference materials provided to Customer by SQL Powerhouse in connection with the Services, including the documentation located at sqlpowerhouse.com, which SQL Powerhouse may amend from time to time.
1.7 “SQL Powerhouse Admin Panel” means the web portal currently accessible at https://sqlpowerhouse.com/account/login/, which allows Customer’s internally appointed administrator(s) of the Services to, among other options, enroll and activate Users, issue and manage SMS passcodes and bypass codes, and manage mobile devices (as applicable to the Services set forth on the applicable Order Form).
1.8 “SQL Powerhouse mobile app” means all SQL Powerhouse proprietary mobile applications used in providing the Services, and any updates, fixes or patches developed from time to time.
1.9 “Fees” means the applicable fees as set forth on the Order Form.
1.10 “Free Services” means those aspects of the Services that are free and do not require payment, such as beta features or functionality or, in the case of a free trial, the Services themselves.
1.11 “Hardware Tokens” means hardware security tokens purchased by Customer under an Order Form.
1.12 “Intellectual Property Rights” means all patents, registered designs, unregistered designs, design rights, utility models, semiconductor topography rights, database rights, copyright and other similar statutory rights, trade mark, service mark and any know how relating to algorithms, drawings, tests, reports and procedures, models, manuals, formulae, methods, processes and the like (including applications for any of the preceding rights) or any other intellectual or industrial property rights of whatever nature in each case in any part of the world and whether or not registered or registerable, for the full period and all extensions and renewals where applicable.
1.13 “Order Form(s)” means the invoice or other forms from SQL Powerhouse for the initial order for the Service, and any subsequent invoice or other forms from SQL Powerhouse (submitted in written form or online), specifying, among other things, the maximum number of Users, initial Term, purchase of any Hardware Tokens, Fees, Telephony Credits (if any), and such other charges and terms as agreed between the parties.
1.14 “Payment Schedule” means the schedule selected by Customer for payment of Fees (on either an order webpage or an attached Order Form), which may be either monthly by credit card or annually or multi-year and invoiced in advance, with payment due within thirty (30) days of receipt of invoice.
1.15 “Performance Data” means any and all aggregate, de-identified data relating to the access or use of the Services by or on behalf of Customer or any User, including any performance, analytics or statistical data, that SQL Powerhouse may collect from time to time.
1.16 “Service Level Agreement” or “SLA” means the description of the availability of the Services located at: https://sqlpowerhouse.com.
1.17 “Services” means the products and services that are ordered by or made available to Customer under a free trial or an Order Form, including, where applicable, the Software, Hardware Tokens and services using only the SQL Powerhouse mobile app, and made available online by SQL Powerhouse, including associated offline components, as described in the Documentation.
1.18 “Software” means (i) SQL Powerhouse proprietary software (including the SQL Powerhouse mobile app), and (ii) open source software used by SQL Powerhouse in providing the Services which integrates with Customer’s network or application, including SSL or other VPN, Unix operating system, Microsoft application, or web application, as provided in the Documentation and any updates, fixes or patches developed from time to time.
1.19 “Telephony Credits” mean credits for Customer’s Users to provide authentication by telephone or SMS.
1.20 “Term” means the subscription term indicated on the Order Form and any subsequent renewal terms.
1.21 “User” means any user of the Services whom Customer may authorize to enroll to use the Services under the terms of this Agreement.
  1. SERVICES FOR CUSTOMER; SQL POWERHOUSE OBLIGATIONS
2.1 Subject to and conditioned on Customer’s payment of Fees and full compliance with all other terms and conditions of this Agreement, SQL Powerhouse grants Customer and Users a non-exclusive, non-sublicensable, non-transferable license to access and use the Services, along with such Documentation as SQL Powerhouse may make available during the Term. SQL Powerhouse Services are provided for commercial use only, not for private use.
2.2 The Services and SLA are subject to modification from time to time at SQL Powerhouse’s sole discretion, provided the modifications do not materially diminish the functionality of the Services provided by SQL Powerhouse and the Services continue to perform according to the description of the Services specified in Section 2.3 in all material aspects. Customer shall have the right to terminate the Agreement pursuant to Section 10.2 without any penalty if (i) a material modification to the Services or the SLA is made which materially diminishes the functionality of the Services or materially diminishes the SLA, (ii) SQL Powerhouse has not obtained Customer’s consent for such modifications and (iii) SQL Powerhouse does not provide a remedy in the cure period stated in Section 10.2.
2.3 SQL Powerhouse will make the Services available and the Services will perform substantially in accordance with the description of the services found at https://sqlpowerhouse.com Notwithstanding the foregoing, SQL Powerhouse reserves the right to suspend Customer’s (or any User’s) access to the Services immediately (i) in the event that Customer breaches Section 4 or Section 7 of this Agreement, or breaches any other provision of this Agreement and fails to correct that breach within the applicable cure period; or (ii) as it deems reasonably necessary to respond to any actual or potential security or availability concern that may affect customers or Users.

 
  1. CUSTOMER RESPONSIBILITIES
3.1 Customer may only use the Services in accordance with the Documentation and as explicitly set forth in this Agreement. Customer will cooperate with SQL Powerhouse in connection with the performance of this Agreement as may be necessary, which may include making available such personnel and information as may be reasonably required to provide the Services or support. Customer is solely responsible for determining whether the Services are sufficient for its purposes, including but not limited to, whether the Services satisfy Customer’s legal and/or regulatory requirements.
3.2 Customer shall not provide any infringing, offensive, fraudulent or illegal content in connection with the Services, and Customer represents and warrants that any content it provides will not violate any Intellectual Property Rights of any third party. SQL Powerhouse reserves the right, in its sole discretion, to delete or disable any content submitted by Customer that may be infringing, offensive, fraudulent or illegal.
3.3 Use of the Services may require Users to install SQL Powerhouse mobile app on their mobile devices, which use shall be subject to this Agreement. Customer’s use of third party products or services that are not licensed to Customer directly by SQL Powerhouse (“Third Party Services”) shall be governed solely by the terms and conditions applicable to such Third Party Services, as agreed to between Customer and the third party. SQL Powerhouse does not endorse or support, is not responsible for, and disclaims all liability with respect to Third Party Services, including without limitation, the privacy practices, data security processes or other policies related to Third Party Services. Customer agrees to waive any claim against SQL Powerhouse with respect to any Third Party Services.
3.4 Customer acknowledges that the Services will require Users to share with SQL Powerhouse certain information which may include personal information regarding Users (such as usernames, passwords, email address and/or phone number) solely for the purposes of providing and improving the Services. Prior to authorizing an individual to become a User, Customer is fully responsible for obtaining the consent of that individual, in accordance with Applicable Law, to the use of his/her information by SQL Powerhouse, which use is described in SQL Powerhouse’s Services Privacy Notice. Customer represents and warrants that all such consents have been or will be obtained prior to authorizing any individual to become a User.
3.5 Customer will be fully responsible for Users’ compliance with this Agreement and any breach of this Agreement by a User shall be deemed to be a breach by Customer. SQL Powerhouse’s relationship is with Customer and not individual Users or third parties using the Services through Customer, and Customer will address all claims raised by its Users, and third parties using the Services through Customer, directly with SQL Powerhouse. Customer must ensure that all third parties that utilize the Services through Customer agree (a) to use the Services in full compliance with this Agreement, and (b) to the extent permitted by Applicable Law, to waive any and all claims directly against SQL Powerhouse related to the Services.

 
 
  1. RESTRICTIONS
Customer will not, and will not permit any Users nor any third party to: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services, Software, Hardware Tokens or any data related to the Services (except to the extent such prohibition is contrary to Applicable Law that cannot be excluded by the agreement of the parties); modify, translate, or create derivative works based on the Services or Software; share, rent, lease, loan, resell, sublicense, distribute, use or otherwise transfer the Services or Software for timesharing or service bureau purposes or for any purpose other than its own use, except as expressly provided in an applicable Order Form; or use the Services or Software other than in accordance with this Agreement and in compliance with Applicable Law.
  1. PAYMENT OF FEES
5.1 Customer will pay SQL Powerhouse the Fees plus all applicable sales, use and other purchase related taxes (or provide SQL Powerhouse with a valid certificate of exemption from the requirement of paying sales, use or other purchase related taxes) in accordance with the Payment Schedule and payment terms set forth on the Order Form. Customer shall be responsible for all taxes related to the Services and this Agreement, exclusive of taxes on SQL Powerhouse’s income. Except as otherwise indicated in the applicable Order Form, all fees and expenses shall be in U.S. dollars. Unpaid and due Fees are subject to a finance charge of two percent (2.0%) per month, or the maximum permitted by law, whichever is lower, plus all expenses of collection, including reasonable attorneys’ fees, except to the extent Applicable Law requires a different interest or finance charge calculation for unpaid and due Fees and expenses. In the case of any withholding requirements, Customer will pay any required withholding itself and will not reduce the amount paid to SQL Powerhouse on account thereof. If the method of payment is by credit card, Customer agrees to (i) keep Customer’s credit card information updated and (ii) authorize charging Customer’s credit card the Fees when due. SQL Powerhouse will not charge Users any fees for their use of the Services or SQL Powerhouse mobile app without Customer’s authorization and the SQL Powerhouse mobile app can be downloaded by Users free of charge. Users’ carriers or service providers may charge fees for data usage, messaging, phone calls or other services that are required for them to use the Services.
  1. CONFIDENTIALITY
6.1 The term “Confidential Information” means any information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) in any form (written, oral, etc.) that is marked as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of the disclosure, including, without limitation: trade secrets; technology and technical information (intellectual property, inventions, know-how ideas and methods); business, financial and customer information (including Customer Data and Customer Personal Data); pricing, forecasts, strategies and product development plans; and/or the terms of this Agreement. Each party understands that the Disclosing Party has or may disclose Confidential Information in connection with this Agreement, but that Receiving Party shall receive no rights in, or licenses to, such Confidential Information.
6.2 The Receiving Party agrees: (i) not to disclose Confidential Information to any third person other than those of its employees, contractors, advisors, investors and potential acquirers (“Representatives”) with a need to have access thereto and who have entered into non-disclosure and non-use agreements applicable to the Disclosing Party’s Confidential Information, and (ii) to use such Confidential Information solely as reasonably required in connection with the Services and/or this Agreement. Each party agrees to be responsible for any breach of this Agreement caused by any of its Representatives. The Receiving Party further agrees to take the same security precautions to protect against unauthorized disclosure or unauthorized use of such Confidential Information of the Disclosing Party that the party takes with its own confidential or proprietary information, but in no event will a party apply less than reasonable precautions to protect such Confidential Information. Each party acknowledges that the use of such precautions is not a guarantee against unauthorized disclosure or use. The Disclosing Party agrees that the foregoing will not apply with respect to any information that the Receiving Party can document: (a) is or becomes generally available to the public without any action by, or involvement of, the Receiving Party; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Confidential Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing Confidential Information as required in response to a request under applicable open records laws or pursuant to any judicial or governmental order, provided that, to the extent permitted by law, the Receiving Party gives the Disclosing Party reasonable prior notice to contest such disclosure. For the avoidance of doubt, Customer acknowledges that SQL Powerhouse utilizes the services of, and Customer may request additional services from, certain third parties in connection with SQL Powerhouse’s provision of the Services (such as data hosting and telephony service providers and Customer’s Third Party Services providers) and such third parties will have access to Customer’s Confidential Information, including Customer Data in accordance with this Agreement. The parties agree that Performance Data is not Confidential Information and will not be subject to any confidentiality restrictions or obligations.
6.3 Each party agrees that, upon the written request of the Disclosing Party, the Receiving Party will promptly return to the Disclosing Party, or provide written certification of the destruction of, all Confidential Information of the Disclosing Party, including all Confidential Information contained in internal documents, without retaining any copy, extract or summary of any part thereof. Notwithstanding the foregoing, a Receiving Party may retain copies of Confidential Information solely to the extent necessary for purposes of such party’s ordinary course internal document retention and backup requirements and procedures, provided that such Confidential Information shall remain subject to the terms and conditions of this Agreement for so long as it is retained.
6.4 Customer acknowledges that SQL Powerhouse does not wish to receive any Confidential Information from Customer that is not necessary for SQL Powerhouse to perform its obligations under this Agreement, and, unless the parties specifically agree otherwise, SQL Powerhouse may reasonably presume that any unrelated information received from Customer is not confidential or Confidential Information, unless such information is marked as “Confidential.”
  1. INTELLECTUAL PROPERTY RIGHTS; OWNERSHIP
Except as expressly set forth herein, SQL Powerhouse alone (and its licensors, where applicable) will retain all Intellectual Property Rights relating to the Services or the Software or any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any third party relating to the Services and/or the Software, which are hereby assigned to SQL Powerhouse. Customer will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under this Agreement. As between the parties, SQL Powerhouse owns all Performance Data. This Agreement is not a sale and does not convey to Customer any rights of ownership in or related to the Services or Software, or any Intellectual Property Rights.
  1. DATA PROTECTION
8.1 In this Section 8, the terms “personal data,” “data processor,” “data subject,” “process and processing” and “data controller” shall be as defined in the applicable Data Protection Laws. For the purposes of the Data Protection Laws, as between Customer and SQL Powerhouse, the parties agree that Customer shall at all times be the data controller and SQL Powerhouse shall be the data processor with respect to the processing of Customer Personal Data in connection with Customer’s use of the Services. Solely if and to the extent SQL Powerhouse is processing personal data, as defined in the General Data Protection Regulation, that is contained in Customer Data on Customer’s behalf, then the terms of the data processing agreement available at https://sqlpowerhouse.com shall apply to such processing and are incorporated into this Agreement.
8.2 Customer may enable integrations between the Services and certain of its Third Party Services (each, an “Integration”). By enabling an Integration between the Services and its Third Party Services, Customer is expressly instructing SQL Powerhouse to share the Customer Data necessary to facilitate the Integration. Customer is responsible for providing any and all instructions to the Third Party Service provider about the use and protection of Customer Data. SQL Powerhouse and Third Party Service providers are not subprocessors of each other.
8.3 As the data controller of Customer Personal Data, Customer represents and warrants to SQL Powerhouse that its provision of personal data to SQL Powerhouse and instructions for processing such personal data in connection with the Services shall comply with all Data Protection Laws.
8.4 In accordance with applicable Data Protection Laws, SQL Powerhouse shall take all commercially reasonable measures to protect the security and confidentiality of Customer Personal Data against any accidental or illicit destruction, alteration or unauthorized access or disclosure to third parties. SQL Powerhouse will provide Customer with its security policy, upon request, that sets forth the technical specifications and the detailed measures taken to protect the security and confidentiality of Customer Personal Data.
8.5 Customer may, upon at least thirty (30) days prior notice, and no more than once per 12 month period, appoint an independent third party auditor to physically inspect and audit, at Customer’s sole cost and expense, any facilities owned or controlled by SQL Powerhouse in which Customer Personal Data is processed or stored, provided that such inspection: (i) shall occur on a mutually agreed upon date during SQL Powerhouse’s regular business hours; (ii) does not interfere with any of SQL Powerhouse’s business operations; and, (iii) does not, in SQL Powerhouse’s reasonable discretion, create any risk to the confidentiality, integrity, or availability of any data stored or processed by SQL Powerhouse. Prior to any audit, Customer, and any appointed auditor, must enter into a nondisclosure and confidentiality agreement as may be required by SQL Powerhouse.
  1. INDEMNIFICATION
For Customers enrolled in one of the editions of Services requiring purchase, SQL Powerhouse shall indemnify and hold Customer harmless from liability to third parties resulting from infringement by the Services of any patent or any copyright or misappropriation of any trade secret, provided SQL Powerhouse is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; SQL Powerhouse will not be responsible for any settlement it does not approve. The foregoing obligations do not apply with respect to portions or components of the Services (i) not created by SQL Powerhouse, (ii) resulting in whole or in part from Customer specifications, (iii) that are modified after delivery by SQL Powerhouse, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of Services is not strictly in accordance with this Agreement and all related Documentation. If SQL Powerhouse receives information about an actual or alleged infringement or misappropriation claim that would be subject to indemnification rights set forth in this Section 9, SQL Powerhouse shall have the option, at its expense, to: (a) modify the Software to be non-infringing; or (b) obtain for Customer a license to continue using the Software. If SQL Powerhouse determines it is not commercially reasonable to perform either of the above options, then SQL Powerhouse may at its option elect to terminate the license for the Services and refund the unearned portion of any pre-paid subscription Fees, prorated on a monthly basis. THIS SECTION STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR INFRINGEMENT, MISAPPROPRIATION AND/OR CLAIMS ALLEGING INFRINGEMENT OR MISAPPROPRIATION. Customer will indemnify SQL Powerhouse from all damages, costs, settlements, attorneys’ fees and expenses related to any claim related to Customer’s breach of Section 3 “Customer Responsibilities,” Section 4 “Restrictions,” Section 7 “Intellectual Property Rights; Ownership” or Section 8 “Data Protection.” SQL Powerhouse’s obligations under this Section 9 do not apply to Customer’s use of Free Services.
  1. TERM; TERMINATION
10.1 Subject to earlier termination as expressly provided for in this Agreement, the initial Term of this Agreement shall be for the Term specified in the Order Form, or in the event of multiple Order Forms, until the Term of all Order Forms has expired. Each Order Form and this Agreement shall automatically renew after the initial Term and any renewal Term for a renewal Term equal to the expiring subscription Term, unless either party provides to the other at least forty-five (45) days prior written notice that it will not renew. The Fees per User for each renewal Term will be equal to the Fees per User for the immediately prior Term, plus a price increase. Any pricing increase will not exceed seven percent (7%) per year, unless the pricing was designated in the applicable Order Form as promotional or one-time; provided, however, the Fees for each renewal Term shall not exceed the list price as of the start date of such renewal Term.
10.2 In the event of any material breach of this Agreement by either party (other than Customer’s payment obligations), the non-breaching party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty-day period. If Customer fails to pay any Fees or other amounts in the applicable Order Form in accordance with the Payment Schedule, SQL Powerhouse may terminate this Agreement prior to the end of the Term by giving five (5) business days prior written notice to Customer; provided, however, that this Agreement will not terminate if Customer has paid all Fees and other amounts in the applicable Order Form prior to the expiration of such five business-day period.
10.3 Either party may terminate this Agreement, without notice, (i) upon the institution or if a petition is filed, notice is given, a resolution is passed or an order is made, in each case by or against the other party under Applicable Law relating to insolvency, administration, liquidation, receivership, bankruptcy or any other winding up proceedings, (ii) upon the other party’s making an assignment for the benefit of creditors or making a voluntary arrangement with its creditors, (iii) upon the other party’s dissolution or ceasing, or threatening to cease to do business or (iv) if any event occurs, or proceeding is instituted, with respect to the other party that has the equivalent or similar effect to any of the events mentioned in Section 10.3(i) through (iii). Notwithstanding anything in this Agreement to the contrary, SQL Powerhouse may, without penalty or liability and with or without notice, modify or discontinue its provision of Free Services at any time and to the extent Customer is only using Free Services immediately terminate this Agreement.
10.4 The Sections of this Agreement which by their nature should survive termination or expiration of this Agreement, including but not limited to Sections 3 through 14, will survive termination or expiration of this Agreement. No refund of Fees shall be due in any amount on account of termination by SQL Powerhouse pursuant to this Section 10. In the event of termination by Customer pursuant to this Section 10, Customer shall be entitled as its sole and exclusive remedy, to receive a refund of any pre-paid subscription Fees paid by Customer to SQL Powerhouse for Services not rendered as of the termination date. When this Agreement expires or terminates, SQL Powerhouse shall cease providing the Services to Customer.
  1. WARRANTIES AND DISCLAIMER OF ADDITIONAL WARRANTIES
11.1 For Customers enrolled in one of the editions of Services requiring purchase, SQL Powerhouse represents and warrants that it will not knowingly include, in the Services released to Users and provided to Customer hereunder, any computer code or other computer instructions, devices or techniques, including without limitation those known as viruses, disabling devices, trojans, or time bombs, that intentionally disrupt, disable, harm, infect, defraud, damage, or otherwise impede in any manner, the operation of a network, computer program or computer system or any component thereof, including its security or User data. If, at any time, SQL Powerhouse fails to comply with the warranty in this Section 11.1, Customer may promptly notify SQL Powerhouse in writing of any such noncompliance. SQL Powerhouse will, within thirty (30) days of receipt of such written notification, either correct the noncompliance or provide Customer with a plan for correcting the noncompliance. If the noncompliance is not corrected or if a reasonably acceptable correction plan is not established during such period, Customer may terminate this Agreement and receive a refund of any pre-paid but unearned subscription Fees, prorated on a monthly basis, as its sole and exclusive remedy for such noncompliance. This provision does not apply to Customer’s use of Free Services.
11.2 For Customers that have purchased Hardware Tokens as part of the Services, SQL Powerhouse warrants to Customer only that Hardware Tokens will be free of hidden defects in material and workmanship at the time of sale and for a period of six (6) months thereafter. This warranty is limited to replacement of defective Hardware Tokens. This Hardware Token warranty is Customer’s exclusive remedy for defective Hardware Tokens. This provision does not apply to Customers who use only Free Services.
11.3 EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 11, THE SERVICES AND SQL POWERHOUSE CONFIDENTIAL INFORMATION AND ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTIES OF ANY KIND. SQL POWERHOUSE HEREBY DISCLAIMS FOR ITSELF AND ITS SUPPLIERS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT.
  1. LIMITATION OF LIABILITY
12.1 NOTHING IN THIS AGREEMENT (OR ANY ORDER FORM) SHALL LIMIT OR EXCLUDE EITHER PARTY’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ITS INDEMNIFICATION OBLIGATIONS; (IV) BREACH OF SECTION 4 “RESTRICTIONS,” SECTION 5 “PAYMENT OF FEES,” OR SECTION 7 “INTELLECTUAL PROPERTY RIGHTS; OWNERSHIP” OR (V) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
12.2 SUBJECT TO SECTION 12.1, IN NO EVENT WILL EITHER PARTY OR THEIR SUPPLIERS BE LIABLE TO THE OTHER PARTY (OR ANY PERSON CLAIMING THROUGH SUCH PARTY) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT, THE DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, (I) LOSS OF REVENUE OR ANTICIPATED PROFITS (WHETHER DIRECT OR INDIRECT) OR (II) LOST BUSINESS OR (III) LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
12.3 SUBJECT TO SECTION 12.1, THE MAXIMUM LIABILITY OF EITHER PARTY OR THEIR SUPPLIERS FOR ANY AND ALL CLAIMS UNDER AN APPLICABLE ORDER FORM, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE FEES PAID OR TO BE PAID TO SQL POWERHOUSE UNDER SUCH ORDER FORM DURING THE TWELVE MONTH PERIOD ENDING ON THE DATE THAT SUCH CLAIM IS FIRST ASSERTED. THE FOREGOING LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
  1. GOVERNMENT MATTERS
13.1 Export. Notwithstanding anything else in this Agreement, Customer may not use, or provide to any person or export or re-export or allow the export or re-export of, the Services or anything related thereto or any direct product thereof, in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. Each party represents that it is not named on any U.S. government denied-party list. Customer and Users shall not access or use the Services in a U.S. embargoed country.
13.2 Anti-Corruption. Customer agrees that it has not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any SQL Powerhouse employee or agent in connection with this Agreement. If Customer learns of any violation of the above restriction, Customer will promptly notify SQL Powerhouse.
13.3 Commercial Software. The Services (including the Software) are “commercial items” as that term is defined at FAR 2.101. If acquired by or on behalf of any Executive Agency (other than an agency within the Department of Defense (DoD), the Government acquires, in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Computer Software), only those rights in technical data and software customarily provided to the public as defined in this Agreement. If acquired by or on behalf of any Executive Agency within the DoD, the Government acquires, in accordance with DFARS 227.7202-3 (Rights in commercial computer software or commercial computer software documentation), only those rights in technical data and software customarily provided in this Agreement. In addition, DFARS 252.227-7015 (Technical Data – Commercial Items) applies to technical data acquired by DoD agencies. Any Federal Legislative or Judicial Agency shall obtain only those rights in technical data and software customarily provided to the public as defined in this Agreement. This Section 13.3 is in lieu of, and supersedes, any other FAR, DFARS, DEAR or other clause, provision, or supplemental regulation that addresses Government rights in computer software or technical data under this Agreement. Capitalized terms used in this Section are defined in the applicable FAR or DFARs.
  1. MISCELLANEOUS
14.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
14.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Customer except with SQL Powerhouse’s prior written consent, which shall not be unreasonably withheld. SQL Powerhouse may transfer and assign any of its rights and obligations under this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted successors and permitted assigns.
14.3 No Third Party Beneficiaries. Nothing in this Agreement shall confer, or is intended to confer, on any third party any benefit or the right to enforce any term of this Agreement. No entities other than SQL Powerhouse and Customer may terminate, rescind or agree to any modification, waiver or settlement with respect to this Agreement.
14.4 Entire Agreement; Amendment. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All waivers, amendments and modifications must be in writing signed by the party against whom the waiver, amendment or modification is to be enforced; however, there will be no force or effect given to any different or additional terms contained in any purchase order or other vendor form issued by Customer, even if signed by SQL Powerhouse after the date hereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind SQL Powerhouse in any respect whatsoever.
14.5 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by e-mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid. SQL Powerhouse may provide notice using the information provided in the most recent Order Form and Customer may provide notice using the contact information provided on https://sqlpowerhouse.com.
14.6 Force Majeure. Any delay or failure in the performance of any duties or obligations of either party (except the payment of money owed) will not be considered a breach of this Agreement if such delay or failure is due to a labor dispute, fire, earthquake, flood or any other event beyond the reasonable control of a party, provided that such party promptly notifies the other party thereof and uses reasonable efforts to resume performance as soon as possible.
14.7 Governing Law; Arbitration. This Agreement will be governed by the laws of Denmark. without regard to its conflict of laws provisions. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Denmark:
 14.8 Venue; Prevailing Party. The federal and state courts sitting in Denmark. will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of this Agreement. Notwithstanding the foregoing, each party shall have the right to commence and prosecute any action for injunctive relief before any court of competent jurisdiction. In any arbitration, action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
14.9 Publicity. Customer agrees to participate in press announcements, case studies, trade shows, or other marketing reasonably requested by SQL Powerhouse. During the Term and for thirty (30) days thereafter, Customer grants SQL Powerhouse the right, free of charge, to use Customer’s name and/or logo, worldwide, to identify Customer as such on SQL Powerhouse’s website or other marketing or advertising materials.
 

Privacy


Updated: August 24th, 2019
SOAK A/S (“SQL Powerhouse”) is committed to protecting your privacy and ensuring you have a positive experience on our website and in using our products and services (collectively, "Products"). This policy covers the SOAK website soak.dk, mobile applications, and desktop clients and is applicable worldwide.
This policy outlines our handling practices and how we collect and use the Personal Data you provide during your online and offline interactions with us. As used in this Privacy Policy, “Personal Data” means any information that can be used to individually identify a person, and may include, but is not limited to, name, email address, postal or other physical address, credit or debit card number, title, and other personally identifiable information.
If you reside in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, Iceland or Switzerland, you may have additional rights with respect to your Personal Data, as further outlined below. These rights may include rights under the EU’s General Data Protection Regulation (“GDPR”), if you are a resident of the EU, United Kingdom, Lichtenstein, Norway or Iceland.
SOAK A/S will be the Controller of your Personal Data that is provided, collected and/or processed pursuant to this Privacy Policy in order to, for example, respond to requests for information or service, conclude a business transaction, provision the service, or otherwise for SOAK’s business purposes. SOAK will be a Processor of data that is entered into the service when a Customer uses the Services (see “User-Generated Information”, below.). If you have any questions about whether any of foregoing applies to you, please contact us using the information set forth in the “Contact Us” section below.
This policy may be updated from time to time for reasons such as operational practices or regulatory changes, so we recommend that you review our Privacy Policy when returning to our website. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Collection of your Personal Data
We may collect, either as Controller or Processor, the following categories of Personal Data about you when you use or otherwise interact with our Service:
  • Name
  • Title
  • Email address
  • Home/work/mobile telephone number
  • Postal or other physical address
  • Credit/debit card information
  • Facebook profile information (when you use Facebook to log-in to our Products or to create an account for our Products)
  • IP addresses and other information collected passively, as further detailed in the “Passive Collection” section below
  • Device identifiers, as further described in the “Mobile Application” section below
  • Our servers automatically record certain information when you use the Service, including your IP address, operating system type and version, client version, IP addresses along the network path, and the MAC address of your internet connection (“Host Information”)
  • We also automatically record information about your usage of the Service, including actions taken, date and time, frequency, duration, quantity, quality, network connectivity, and performance information related to logins, clicks, messages, contacts, content shared, calls, use of video and screen sharing, meetings, cloud recording, and other feature usage information (“Usage Information”)
  • Other information you upload, provide, or create while using the Service ("User-Generated Information"), as further detailed in the “User Generated Information” section below
 
User-Generated Information
We collect and retain, generally as a Processor and in order to provide the Services, P ersonal Data and other information you upload, provide, or create while using the Service ("User-Generated Information"), including information related to:
 
  • Meetings: Meeting title, invitation content, participants, meeting link, date, time and duration. We collect activity recorded in the meeting (such as joining or leaving), including activity related to third-party integrations, together with the date, time, person engaged in the activity, and other participants in the meeting with the date, time, duration, and quality ratings that you provide. We route audio and video call content and screen sharing content between call participants, but we do not retain or store the content unless cloud recording is used.
  • Messages: Message content, sender and recipients, date, time, and read receipts. Content shared: Files and file names, sizes, and types
  • Whiteboards: Whiteboard content, snA/Shots, and background images
  • Status: Status information, for example about whether and when you are active, out of office, or have turned on Busy. You can choose whether or not to share status information with other users.

All messages and content you share in a meeting, including Personal Data about you or others, will be available to all other participants in that meeting.

If you share a meeting link with another user who is not already in the meeting, when that user tries to join the meeting he or she will be able to see the list of other users in the meeting, as well as other invitees joining the meeting.
Passive Collection
SOAK and our third-party service providers automatically collect some information about you when you use our Products, using methods such as cookies and tracking technologies (further described below). Information automatically collected includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the website and/or Products.
In addition, when you use some of our Products, network information is transmitted back to us such as Product usage information. This information is transmitted back to us, so we can determine how users are interacting with our Products, to assist us with improving our Products, and to correct any problems that may occur.
 
Mobile Application
When you download and use our Products, we automatically collect information on the type of device you use, operating system version, and the device identifier (or “UDID”). We send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you can turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.
 
Processing of your Personal Data
We will use your Personal Data only in accordance with our Privacy Policy. If you do not wish us to continue using your Personal Data in this manner, you can request that your account be deactivated by contacting us as specified in the “Contact Us” section.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity (i.e. processing that is necessary for the performance of a contract with you, such as your user agreement with us that allows us to provide you with the Products) and our “legitimate interests” or the legitimate interest of others (e.g. our users),
We process Personal Data when you use our website, desktop client and mobile applications to use or sign-up to use our Service for purposes such as:
  • Account configuration
  • Account maintenance
  • Enabling meetings and webinars between users and third-party participants
  • Hosting and storing personal data from meetings and webinars (only to provide the Service)
  • Personalizing, improving or operating our Service and business
  • Fulfilling requests you make related to the Service
  • Protecting, investigating and deterring against fraudulent, harmful, unauthorized or illegal activity
  • Providing reports based on information collected from use of our Service
  • Processing your orders and deliver the Service that you have ordered
  • Providing support and assistance for our Service
  • Providing the ability to create personal profile areas and view protected content
  • Providing the ability to contact you and provide you with shipping and billing information
  • Providing customer feedback and support
  • Complying with our contractual and legal obligations, resolving disputes with users, enforcing our agreements
 
 We process Personal Data when you visit our website to:
  • To keep you up to date on the latest Product announcements, software updates, software upgrades, system enhancements, special offers, and other information
  • To provide customer feedback and support (soak.dk/support)
  • To provide and administer opt-in contests, sweepstakes or other marketing or promotional activities on the soak.dk or affiliate websites
  • Providing you with information and offers from us or third parties
  • To the extent you choose to participate, to conduct questionnaires and surveys in order to provide better products and services to our customers and end users
  • To support recruitment inquiries (soak.dk/careers)
  • To personalize marketing communications and website content based on your preferences, such as in response to your request for specific information on products and services that may be of interest
  • To contact individuals that you refer to us and identify you as the source of the referral, in accordance with the “Referral” section below
 
Referrals
If you choose to use our referral service to tell a friend about our products, you represent that you have their consent to provide us your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the website. Unless we are authorized by your friend, we will only use your friend’s name and email address for the purposes of sending this one-time email and maintaining an activity log of our referral program.
 
Choice
You can choose whether to provide Personal Data to SOAK, but note that you may be unable to access certain options, offers, and services if they require Personal Data that you have not provided. You can sign-up, and therefore consent, to receive email or newsletter communications from us. If you would like to discontinue receiving these communications, you can update your preferences by using the “Unsubscribe” link found in such emails or by contacting us using the information in the “Contact Us” section of this policy.
 
Data Subject Rights
You have certain rights with respect to your Personal Data as set forth below. Please note that in some circumstances, we may not be able to fully comply with your requests, or we may ask you to provide us with additional information in connection with your request, which may be Personal Data, for example, if we need to verify your identity or the nature of your request. In such situations, however, we will still respond to let you know of our decision.
To make any of the following requests, contact us using the contact details referred to in the “Contact Us” section of this policy.
  • Access: You can request more information about the Personal Data we hold about you. You can also request a copy of the Personal Data.
  • Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging into your service account. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.
  • Objection: You can contact us to let us know that you object to the collection or use of your Personal Data for certain purposes.
  • Erasure: You can request that we erase some or all of your Personal Data from our systems. Data subjects who want their data deleted can do so by deactivating their account. Deactivation will delete all account usage and related information. If you are not a SOAK customer and would like your data deleted, please contact the data Controller directly about deleting information.
  • Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
  • Portability: You have the right to ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another entity where technically feasible.
  • Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Products.
  • Right to File Complaint: You have the right to lodge a complaint about SOAK’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event we will respond to your request within a reasonable timeframe and provide you an explanation. In order to make such a request of us, please contact our Privacy Team at privacy@soak.dk.
Data Retention
How long we retain your Personal Data depends on the type of data and the purpose for which we process the data. We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Cookies and Tracking Technologies
SOAK and our partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and gather information about our user base, such as location information based on IP addresses. Users can control the use of cookies at the individual browser level. For more information regarding cookies or similar technologies, please review our Cookie Policy.
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Products do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Products and after you leave our properties.
Interest-Based Advertisements
We partner with third parties to either display advertising on our website or to manage our advertising on other sites. Some of our third-party partners use technologies such as cookies and other technologies to gather information about your activities on this website, our affiliates’ websites, and unaffiliated websites in order to provide you advertising based upon your browsing activities and interests. With respect to our interest-based ads, we adhere to self-regulatory principles for online behavioral advertising issued by the Digital Advertising Alliance (“DAA”) and the European Interactive Digital Advertising Alliance (“EDAA”) (collectively, the “OBA Principles”). More information about the OBA Principles can be found at https://digitaladvertisingalliance.org/principles and https://www.edaa.eu/european-principles/. If you wish to not have information about your online activities over time and across different websites used for the purpose of serving you interest-based ads, you can opt-out by clicking here and here (or if located in the EU click here). Please note that (1) this does not opt you out of being served ads, and even if you opt out of interest-based ads, you will continue to receive generic ads and (2) we store your opt-out preference for interest-based ads in a cookie on your device, and therefore you may have to opt out again if you delete your cookies.
Geolocation
We collect information about where you are located when you are using our Products. We use this information for purposes such as optimizing your connection to our data center, supporting compliance, and suggesting customizations to your experience with our Products (e.g. your language preference).
Sharing your Personal Data
We do not sell or rent your Personal Data to third parties for any purposes, including marketing.
We share Personal Data within SOAK and its affiliated companies, and with third party service providers for purposes of data processing or storage.
We also share Personal Data with business partners, service vendors and/or authorized third-party agents or contractors in order to provide requested Products or transactions, including processing orders, processing credit card transactions, hosting websites, hosting event and seminar registration and providing customer support. We provide these third parties with Personal to complete/utilize the requested Product or transaction.
In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this policy. As required by law, we may respond to subpoenas, court orders, or similar legal process by disclosing your Personal Data and other related information, if necessary. We also may use Personal Data and other related information to establish or exercise our legal rights or defend against legal claims.
We collect and possibly share Personal Data and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of SOAKs terms of service, or as otherwise required by law.
While navigating SOAKs website or Products, you may be directed to content or functionality that is hosted by a third-party. When information is collected on behalf of SOAK exclusively, SOAKs Privacy Policy will be referenced and will govern how your information is used. For other, non-SOAK sites or services, the site/service owners privacy policy will be referenced. You should review such third partys privacy and security policies prior to use.
Security of your Personal Data
SOAK is committed to protecting the Personal Data you share with us. We utilize a combination of industry-standard security technologies, procedures, and organizational measures to help protect your Personal Data from unauthorized access, use or disclosure. When we transfer credit card information over the Internet, we protect it using Transport Layer Security (TLS) encryption technology.
We recommend you take every precaution in protecting your Personal Data when you are on the Internet. For example, change your passwords often, use a combination of upper and lower-case letters, numbers, and symbols when creating passwords, and make sure you use a secure browser. If you have any questions about the security of your Personal Data, you can contact us at privacy@soak.dk.
Linked websites and third-party services
Our websites and services may provide links to other third-party websites and services which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites you visit or services you use.
Newsgroups/forums
If you participate in a SOAK discussion forum or chat room, you should be aware that the information you provide there will be made broadly available to others, potentially inside or outside SOAK, who have access to that discussion forum or chat room. Also, please recognize that individual forums and chat rooms may have additional rules and conditions. Each participants opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of SOAK.
Meeting Recordings
If you use a feature of the Products that allows for Recordings (defined below), we collect information from you that you provide in connection with such use and through such Recordings, to the extent you provide it to us. This information may include Personal Data, if you provide us with Personal Data.
For hosts -- By installing or using SOAK Rooms software or any other SOAK software, tool or feature that allows for meeting or Webinar recording (each, a “Recording”), you acknowledge and agree that you and your company are responsible for (i) clearly notifying all individuals (whether or not they are SOAK users) who are present in a meeting or Webinar (whether in-person or remotely) (each, an “Attendee”) for which you make a Recording that such meeting or Webinar might be recorded, and (ii) obtaining any consent necessary for such a recording as required by applicable laws, rules and regulations, including without limitation data privacy laws. By making a Recording of any meeting or Webinar using any SOAK Products, you and your company represent and warrant that (a) you have received legally sufficient consent from all Attendees for such recording prior to starting a Recording, (b) you will only make, use, store and otherwise process such Recording in accordance with all applicable laws, rules and regulations, including data protection laws and (c) you will store and otherwise restrict access to such Recordings using appropriate technical and organizational safeguards. Any person and/or entity who makes a Recording of a meeting or webinar shall be the data controller of that Recording, and SOAK will be the data processor with respect to the Recording.
For attendees – Please be advised that for any meetings or Webinars you attend, Recordings can be enabled by a meeting or webinar host. By signing up for SOAK’s services or otherwise using them in any way, including without limitation by attending any SOAK meeting or webinar, you expressly acknowledge that SOAK may, if instructed by a meeting host, make and store Recordings for SOAK meetings or webinars, and may make such recordings available to hosts and other Attendees at the direction of the host. A visual notification will be sent to Attendees who connect to a meeting or webinar via the SOAK web-based platform, and an audio notification will be sent to Attendees who dial-in by telephone only. A host may also send an audio notification to Attendees who are logged into the web platform, provided that you may not receive such notifications if you disable them in your account settings, so please check before each meeting or webinar if you want to receive the notifications. If you do not want to be recorded, you can choose to leave the meeting or webinar.
Transfer and Storage of Personal Data
Our Products are hosted and operated in the United States (“U.S.”) through SOAK and its service providers. We may transfer your Personal Data to the U.S., to any SOAK affiliate worldwide, or to third parties acting on our behalf for the purposes of processing or storage. By using any of our Products or providing any Personal Data for any of the purposes stated above, you consent to the transfer and storage of your Personal Data, whether provided by you or obtained through a third party, to the U.S. as set forth herein, including the hosting of such Personal Data on U.S. servers.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
SOAK participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield. SOAK is committed to subjecting all Personal Data received from EU member countries, Switzerland, and the United Kingdom, in reliance on the Privacy Shield Frameworks, to the Frameworks applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerces Privacy Shield List, https://www.privacyshield.gov/list.
SOAK is responsible for the processing of Personal Data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. SOAK complies with the Privacy Shield Principles for all onward transfers of Personal Data from the EU, Switzerland, and the United Kingdom including the onward transfer liability provisions.
With respect to Personal Data received or transferred pursuant to the Privacy Shield Frameworks, SOAK is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, SOAK may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Standard Contractual Clauses
In certain cases, SOAK will transfer Personal Data from the EU in accordance with the European Commission-approved Standard Contractual Clauses, a copy of which can be obtained at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087.
 
Contact Us
To address your individual rights or if you have any privacy-related questions or comments related to this privacy policy, please send an email to info@soak.dk . You can also contact us by writing to this address:
SOAK A/S
Attention: Management
Foldegade 33, 7100 Vejle
Denmark