REALLM TERMS OF SERVICE

Effective Date: December 11, 2018

Reallm Limited, registered in England and Wales with company registration number 11696449 with registered address of 6 Colyton Road, East Dulwich, SE22 0NE and all subsidiary and partner organisations relating to the said company

These Terms of Service ("Terms") form a legal agreement between you and Reallm Limited ("Reallm"), an organisation incorporated under the laws of England and Wales with company registration number 11696449 headquartered in Block M, Biscuit Factory, 100 Drummond Road, SE16 4DG. Reallm is a software-as-a-service ("SaaS") company that offers its users the ability to build and share real-time visualisations and quickly discover actionable insights on your business. The Privacy Statement and GDPR Data Processing Addendum are incorporated into these Terms by reference.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCEPTING THESE TERMS AND/OR ACCESSING OR USING THE SERVICE, YOU WILL BE BOUND BY THESE TERMS. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms. You must also be at least eighteen (18) years old to agree to these Terms. If you do not have such authority, are not at least eighteen, or if you do not agree with these Terms, you may not use the Service. These Terms are effective between you and Reallm as of the Effective Date.

Reallm reserves the right, at its sole discretion, to modify, discontinue or terminate the Service or to modify these Terms, at any time. If we modify these Terms, we will provide you with notice of the modification. By continuing to access or use the Service after we have given notice of a modification to the Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Service.

1. Definitions:

2. Rights and Restrictions:

3. Intellectual Property: Ownership in the Service, and the software powering the Service, will at all times remain with Reallm. Reallm will retain all right, title, copyright, trade secrets, patents, trademarks, and other proprietary and intellectual property rights in the Service and the software powering the Service. You do not acquire any rights in the Service or the software powering the service, other than those specified in these Terms. You will not remove any copyright, patent, trademark, design right, trade secret or any other proprietary rights or legends from the Service, unless you are permitted to do so by Reallm.

4. Confidentiality

5. WARRANTY DISCLAIMER

THE SERVICE AND ALL RELATED SERVICES ARE PROVIDED "AS IS". NEITHER REALLM NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. REALLM DOES NOT WARRANT THAT CUSTOMER'S USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES REALLM WARRANT THAT IT WILL REVIEW THE CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS. REALLM SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF REALLM. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

6. Limitation of Damages:

7. Term and Termination:

8. Term and Termination:

GDPR Data Processing Addendum

1. DEFINITIONS AND INTERPRETATION

2. NATURE OF THE INFORMATION

3. OBLIGATIONS OF THE CUSTOMER

4. OBLIGATIONS OF REALLM

5. SUB-CONTRACTING

6. TERM AND TERMINATION

7. GOVERNING LAW

APPENDIX 1: Description of Information Processing

The data processing activities carried out by Reallm under this Addendum are as follows:

Description of Service: Reallm is a read-only application that enables Customers to display their data in visualizations and quickly discover actionable insights on their business.
Subject-matter of Processing: Reallm processes certain Customer Personal Information on behalf of its Customers in relation to data visualization and being able to quickly discover actionable insights on their business. The content of the Customer Personal Information is determined by its Customers, the data controllers, who either push data to Reallm or prepare queries to be requested by Reallm to capture data from Customers' systems or third party software platforms.
Duration of Processing For the duration of the Services to which this Addendum relates.
Nature and purpose of Processing: To enable Reallm to provide the Customer with certain Services in relation to data visualization and being able to quickly discover actionable insights on their business in accordance with the Terms.
Type of Personal Information: Customer Personal Information relating to Customers and provisioned end users of the Services which is uploaded by such Customers or provisioned end users and/or otherwise collected by or on behalf of the Customer or provisioned end user as a result of use of the Services. Reallm also collects information about visitors to its web properties. The collected information may include without limitation, data uploaded or pulled into Reallm, personal contact information, demographic information, location information, profile data, unique IDs, passwords, usage activity, transaction history, and online behaviour and interest data.
Categories of Information Subjects: Reallm's Customers and their provisioned users of its Services, as well as visitors to Reallm's web properties.

APPENDIX 2: Authorized subcontractors

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REALLM PRIVACY STATEMENT

At Reallm, your privacy is important to us. The purpose of this privacy statement is to let you know how we collect, use and disclose Personal Information, and to inform you of your rights with respect to such Personal Information.

APPLICABILITY OF PRIVACY STATEMENT

This Privacy Statement relates to "Personal Information", meaning information about an identifiable individual, whether, for example, that individual is our Customer, or our Customer's provisioned user or an individual whose information is part of Processed Data, as these terms are defined below. Whether a person is "identifiable" means that they can be identified by the information itself or by that information combined with other information reasonably available.

This Privacy Statement applies to Personal Information collected or managed by Reallm through the use of the Service and our websites. This Privacy Statement is also intended to explain how we use information which is not identifiable (and thus not Personal Information) that is collected via our website and the Service.

"Customer" refers to the customers of Reallm and their provisioned users.

"Customer Information" refers to information about our Customers and their provisioned users.

"Processed Data" refers to information that is processed by Reallm on behalf of our Customers through their use of the Service.

Reallm does not have a direct relationship with many of the individuals whose Personal Information is included in Processed Data, but this privacy statement is intended to provide information about how all Personal Information is collected, used, disclosed, processed and protected by Reallm.

CLASSIFICATION OF INFORMATION

When the Service is used by our Customers, we classify the Personal Information we collect, use and disclose into two main categories: The first is Personal Information included in Customer Information, and the second is Personal Information that is included in Processed Data. It is important to note that not all Customer Information or Processed Data is Personal Information, either because it relates to a company or a business, or it is not identifiable.

PROCESSED DATA

Reallm does not control what information a Customer chooses to include in Processed Data. Because we are unable to determine whether it is Personal Information or other information, we treat it as though it may be Personal Information but our Customers are entirely responsible for any Personal Information they choose to include in Processed Data. All Customers and their provisioned users should understand that data in Reallm can be exported, shared or displayed by a Customer or provisioned user. Customers and provisioned users are solely responsible for the use of such exported, shared or displayed data and for protecting it appropriately.

WHAT INFORMATION WE COLLECT

From our Customers, we only collect Customer Information that is necessary to establish and maintain the provision of the Service to them, as well as to understand and improve the usage and performance of the Service. When our Customers are corporations, as opposed to individuals, this information is not "Personal Information". This Customer Information includes:

In connection with our marketing, sales and Customer support functions, we may collect publicly-available information about our Customers and provisioned users, which is used for the purposes set out in this Privacy Statement.

PURPOSES FOR COLLECTION

Reallm does not use any identifiable Processed Data for its own purposes. Processed Data is only processed by Reallm on behalf of our Customers to provide them with the Service. Individual provisioned users whose Personal Information is contained in Processed Data should refer to the Customer's privacy policy for an understanding of how Personal Information is collected, used, disclosed and otherwise processed by the Customer by use of the Service.

DISCLOSURE OF PERSONAL INFORMATION

Reallm may share Personal Information with people within the company who have a "need to know" the information for business or legal reasons, for example, in order to carry out an administrative function, such as processing an invoice or supporting questions that you have submitted to Reallm. We may share Personal Information with third parties, including:

We may also share anonymous or de-identified information with other third parties in connection with the purposes outlined in this Privacy Statement.

RIGHT OF ACCESS

Pursuant to applicable law, you may have certain rights in relation to your Personal Information, including a right of access. If your Personal Information is a part of our Customer's Processed Data, you should seek this access from the relevant Customer. If we control the Personal Information, we may require additional information to confirm your identity, which will only be used for that purpose.

DATA LOCATION

Unless a Customer is using a Custom Data Store and therefore storing their Processed Data on their site, Reallm uses Amazon Web Services to store and manage Customer Information and Processed Data in and from UK and to back up Customer Information and Processed Data. As indicated in the following section, Reallm uses service providers outside of UK to store and manage the certain data and analytics associated with use of the Service.

INFORMATION COLLECTED VIA OUR WEBSITE AND OUR APPLICATION

When you visit our website reallm.io, we may use cookies, pixel tags, analytics tools, and other similar technologies to help provide and improve our services to you, and as detailed below:

SAFEGUARDING PERSONAL INFORMATION

We are required by law to safeguard the Personal Information in our custody or control. We use industry standard measures to protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. We protect Personal Information regardless of the format in which it is held.

Our methods of protection include: (a) physical measures, such as restricted physical access to the systems delivering our Service; (b) organizational measures, including employee training and limiting access on a "need-to-know" basis; and, (c) technological measures, including the use of passwords and encryption.

We use service providers, including our data hosting provider, to facilitate providing the Service. We use contractual means to make sure that our service providers only deal with Personal Information on our behalf to provide the Service and not for any other purposes. We also undertake diligence to satisfy ourselves that our service providers will implement adequate safeguards to protect Personal Information.

If we have reason to believe that there has been a breach of security safeguards that has resulted in the inappropriate loss or disclosure of Personal Information, we will take reasonable measures to notify the affected Customers, as applicable, promptly and with sufficient detail to enable them to evaluate the breach and understand the likely consequences.

REVISIONS TO THIS PRIVACY STATEMENT

Reallm may update this Privacy Statement from time to time. If it is updated, the effective date of the revision will be shown at the top of the Terms of service agreement. In the event of a significant revision, Customers may receive notification by email or through the Service itself. All Personal Information collected after that revision date will be subject to the revised Privacy Statement.

ANONYMOUS INFORMATION

As stated previously, Reallm may use de-identified and/or aggregate information derived from Personal Information, for any purposes, including:

We will take industry standard steps so that this de-identified and/or aggregate information cannot be connected to any particular individual.

EU PERSONAL INFORMATION

For the purposes of applicable EU data protection and privacy laws, Reallm is considered the Data Controller in respect of all EU Personal Information that it collects, uses and otherwise processes for its own purposes as set out in this Privacy Statement.

Please note that for the purposes of EU data protection and privacy laws, personally identifiable information collected in a business context (for example an individual's business email address or job title) will be Personal Information. All provisions in this Privacy Statement relating to Personal Information will therefore apply to Customer Information, to the extent that this is considered to contain Personal Information under EU laws.

PURPOSE OF PROCESSING

The purposes for which we process EU Personal Information are as set out in this Privacy Statement. In most cases, we will be processing EU Personal Information on behalf of a Customer as a Data Processor, but in certain circumstances we will process EU Personal Information as a Data Controller, including for the purposes of communicating with you, administering your account and for carrying out data analytics and enrichment.

LEGAL BASIS FOR PROCESSING

In accordance with the purposes for which we collect and use EU Personal Information, as set out above, the legal basis for Reallm processing EU Personal Information will typically be one of the following:

SHARING OF EU PERSONAL INFORMATION

Reallm may share EU Personal Information with people within the company who have a "need to know" the information for business or legal reasons, for example, in order to carry out an administrative function, such as processing an invoice or to direct a question that you have submitted to the relevant department at Reallm.

We may share EU Personal Information with third parties, including:

We may also share anonymous or de-identified information with other third parties in connection with the purposes outlined in this Privacy Statement.

GLOSSARY

For the purposes of this section relating to EU Personal Information, the following terms will have the following meanings:

"Data Controller" an entity which determines the purposes and means of the processing of Personal Information.

"Data Processor" an entity which processes Personal Information on behalf of a Data Controller.

"process" any operation that can be performed on Personal Information, including collecting it, storing it, accessing it, combining it with other data, sharing it with a third party, and deleting it.

If you have any questions or concerns about our privacy practices, or if you wish to access your Personal Information, please contact our privacy officer at legal@reallm.io.