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  • Subscribe to our Newlsetters | 55 Degrees

    Subscribe and stay informed Subscribe to our newsletters to keep up with updates on products, services, and community events from 55 Degrees. Giving of consent Your consent means we will process the personal data you provide above to send you newsletters. It also means that as you interact with our email newsletters, our newsletter platform (Sendinblue) tracks our newsletters to improve them. Sendinblue does this by the use of a technology similar to cookies and based on your personal data, namely the following information: which emails you open, which links you click on, and when and where you started subscribing to our newsletters. Revocation of consent You always have the right to object to our handling of your personal data for marketing purposes and withdraw your consent. The easiest way to do this is by clicking on the cancellation link at the bottom of the newsletter. Our privacy policy for newsletters Here you can find more detailed information about how we process your personal data and the other rights you have. For example, regarding your rights, i.e., the right to lodge a complaint with a supervisory authority, to access what personal data we process about you, to the erasure of the personal data we process, to rectification of any personal data that is inaccurate, to restrict our processing and to data portability. Contact us at privacy@55degrees.se if you have questions or want to exercise any of your rights. consent

  • Archives | 55 Degrees

    Legal Agreements Cloud Products On-Prem Subscription Products On-Premise Perpetual Products Privacy Cookie Policy for Apps Privacy Statement Privacy: Customer Employees Privacy: Marketing Privacy: Websites Privacy: Questions, Complaints... Privacy: Suppliers Terms of Use Website Terms Community Terms Archives Archives Customer Agreements Cloud Cloud Subscription Products - November 5, 2024 (PDF) Cloud Subscription Products - August 26, 2024 (PDF) Cloud Subscriptions - July 15, 2022 (PDF) Software End User License Agreement - June 30, 2020 (PDF) OnPremise OnPremise Subscriptions - November 21, 2022 (PDF)

  • 55 Degrees | Privacy Policy: Questions, Claims & Complaints

    How we process your personal data in the case of a question, complaint or claim from you or your company. Legal Agreements Cloud Products On-Prem Subscription Products On-Premise Perpetual Products Privacy Cookie Policy for Apps Privacy Statement Privacy: Customer Employees Privacy: Marketing Privacy: Websites Privacy: Questions, Complaints... Privacy: Suppliers Terms of Use Website Terms Community Terms Archives Privacy Policy If you or your company have questions, complaints, or claims If your company has questions, complaints, or claims we at 55 Degrees AB (”55 Degrees ”, “we ”,”our ” and ”us ”) may process your personal data. In this privacy policy, you will find information about how we process your personal data and your rights regarding this data processing. Note that we are always happy to answer any questions you have and always try to avoid any claims or complaints. In case any question, complaint, or claim arises, we do, however, need to process the personal data we gather from you and your company. Our goal is to be as transparent as possible regarding our processing of your personal data – do not hesitate to contact us with any questions you have! To handle any questions, complaints, or claims What processing we perform Handle any questions, complaints, or claims Defend ourselves against claims and complaints Initiate any claims What personal data we process We will process the personal data that you provide to us or which we collect in order to handle the matter, i.e. Name Information about which organisation you represent Contact details Information concerning your company’s question, complaint, or claim Our legal basis for the processing: Legitimate interest The personal data is processed based on our legitimate interest to handle a question, complaint, and/or claim. By carrying out a balancing of interests assessment concerning our processing of your personal data, we have concluded that our legitimate interest in the processing outweighs your interests or rights, which require the protection of your personal data. Please do not hesitate to contact us if you want more information regarding this. Storage period: We will store your personal data from when the matter was initiated and through the duration of your support matter or for the duration of the potential dispute. Thereafter we store your personal data as long as we have a purpose for processing it. We aim to only keep personal data for up to one year after the matter is handled for service and product improvement. However, we aim to delete sensitive attachments, such as HAR files, within three months of the closure of the support request. After the customer relationship with your company ends, we store agreements and similar documentation where your personal data may be included. We will continue to store it for as long as a claim can be made in case a dispute arises, i.e., in accordance with applicable statutory limitation provisions. In Sweden, the storage period is ten years. Note that the ongoing matter may mean that we cannot delete all your personal data after your request . Here you can find all our privacy policies which describe how we process personal data in other situations, e.g. if you visit our website or otherwise are in contact with us. Your rights Below you will find a detailed description of your rights and how to exercise them. In summary, you have the following rights: the right to lodge a complaint with a supervisory authority, the right to access what personal data we process about you, the right to object to our processing, the right to erasure of the personal data we process, the right to rectification of any personal data that is inaccurate, and the right to restrict our processing. When we refer to “your company” in this privacy policy, we refer to your employer, the organization, or the public body you represent. Below you can read more about: You will be moved to the relevant paragraph by pressing the selected heading. Who is responsible, and how to contact us? Who can gain access to your personal data and why? Where is your personal data processed? What are your rights when we process your personal data? Detailed description Who is responsible, and how to contact us? We at 55 Degrees are generally processing personal data on the instructions of our customers, i.e., as processors. In some situations, we are, however, responsible for the processing of your personal data and acting as controllers. These situations are explained in the charts below. If you have any questions or if you wish to exercise any of your rights, we are available at: Full name of legal entity: 55 Degrees AB (organization number 559201-6843) E-mail address: privacy@55degrees.se Mailing address: Lilla Nygatan 7, 211 38 Malmö, Sweden Who can gain access to your personal data and why? We do not sell your personal data or share it with other parties unless necessary. This means that your personal data will be handled by our employees but only by those needing such access to conduct their work. We will store your personal data, anonymized when possible, within our IT systems to ensure good and secure IT operations. This means that we share your personal data with our IT suppliers . Which other recipients we share your personal data with depends on what the question, complaint, or claim is about. If it concerns our customer relations or financial matters, you can read more about recipients here . The above parties will process these on our behalf and follow our instructions. We need to work with third parties to conduct our business. We are responsible for any sharing of your personal data with such suppliers and to ensure that your personal data is safe when shared with third parties. For more detailed information on our suppliers and the information we store with them, please visit our supplier page located at https://support.55degrees.se/space/SECURE/2014216193 . Where is your personal data processed ? We use EU/EEA vendors that store data in the EU/EEA when possible. However, when we must use suppliers outside the EU/EEA, your personal data will be processed outside the EU/EEA. We transfer your data outside of the EU/EEA to make use of our IT suppliers, which will process your personal data stated in the table above . These suppliers store some or all information in the USA. Whether we transfer your personal data in other cases depends on what the question, complaint, or claim is about. If it concerns our customer relations or a financial matter, you can read more about recipients here . In the above situations, our suppliers and we rely on Standard Contractual Clauses for the transfer of personal data outside of the EU/EEA. The use of Standard Contractual Clauses is an effort to provide a safe transfer of your personal data. You find a more detailed description of the transfer of personal data at https://support.55degrees.se/space/SECURE/2014216193 . If you want to know more about whom we share your personal data with and how your personal data is transferred, please get in touch with us. Our contact information can be found at the beginning of this privacy policy. What are your rights when we process your personal data? Detailed description You have certain rights that you can exercise to affect how we process your personal data. You can read a more detailed description of what those rights are below. If you want to know more about your rights or if you want to exercise any of your rights, please contact us, and we will help you. Right to lodge a complaint with a supervisory authority (Article 77 GDPR) You have the right to lodge a complaint with a supervisory authority. The supervisory authority in Sweden is the Swedish Authority for Privacy Protection (Integritetsskyddsmyndigheten, the IMY). In detail: Your right to complain exists without prejudice to any other administrative or judicial remedy. You have the right to lodge a complaint with a supervisory authority in the EU/EEA member state of your habitual residence, place of work, or place where the alleged infringement of applicable data protection laws has allegedly occurred. The supervisory authority has an obligation to inform you of the progress and the outcome of the complaint, including the possibility of a judicial remedy. Right to access (Article 15 GDPR) You have the right to obtain confirmation as to whether we are processing personal data concerning you or not. You can make a request by contacting us. If we process your personal data, you also have a right to obtain a copy of the personal data processed by us and information about our processing of your personal data. In detail. The information we provide includes the following: the purposes of the processing, the categories of personal data concerned, the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations, where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period, the existence of the right to request rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing, the right to lodge a complaint with a supervisory authority, if the personal data are not collected from you, we provide you with available information about the source of the personal data; the existence of automated decision-making, including profiling, referred to in Articles 22.1 and 22.4 GDPR and, in those cases, meaningful information about the logic involved, as well as the significance and the predicted consequences of such processing; and where your personal data are transferred to a third country or to an international organization, you have the right to information regarding the appropriate safeguards, pursuant to Article 46 GDPR, put in place for the transfer. For any further copies of the personal data undergoing processing requested by you, we may charge a reasonable fee based on administrative costs. If you have made the request by electronic means, the information will be provided in a commonly used electronic form unless otherwise requested by you. Your right to obtain a copy referred to above shall not adversely affect the rights and freedoms of others. Right to object (Article 21 GDPR) You have the right to object to our processing of your personal data at any time. In detail: Your right to object applies as follows: You have the right to object, on grounds relating to your particular situation, at any time to the process ing of your personal data, which is based on our legitimate interest, i.e., Article 6.1 f GDPR. We shall no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms or for the establishment, exercise, or defense of legal claims. In the context of the use of information society services, you may exercise your right to object by automated means using technical specifications. Right to erasure (“the right to be forgotten”) (Article 17 GDPR) You have the right to ask us to erase your personal data. In detail. We are obligated to erase your personal data without undue delay if: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed, you object to the processing pursuant to Article 21.1 GDPR, and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21.2 GDPR, the personal data have been unlawfully processed, or the personal data must be erased to comply with a legal obligation in Union or Member State law that applies to us. Where we have made the personal data public and are obliged in accordance with the rights stated above to erase the personal data, we shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data. We will notify any erasure of personal data carried out in accordance with your rights stated above to each recipient to whom the personal data have been provided to unless this proves impossible or involves disproportionate effort. If you want information about those recipients, you are more than welcome to contact us . Please note that our obligation to erase and inform according to the above shall not apply to the extent processing is necessary: for exercising the right of freedom of expression and information, for compliance with a legal obligation that requires processing by Union or Member State law that applies to us, or for the establishment, exercise, or defense of legal claims. Right to rectification of processing (Article 16 GDPR) You have the right to obtain, without undue delay, the rectification of inaccurate personal data concerning you. In detail: Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement. We will communicate any rectification of personal data to each recipient to whom the personal data have been provided unless this proves impossible or involves disproportionate effort. If you want information about those recipients, you are more than welcome to contact us. Right to restriction of processing (Article 18 GDPR) You have the right to obtain from us restrictions on the processing of your personal data. In detail: Your right applies if: the accuracy of the personal data is contested by you during a period enabling us to verify the accuracy of the personal data, you have objected to processing pursuant to Article 21.1 GDPR pending the verification of whether our legitimate grounds override yours, the processing is unlawful, and you oppose the erasure of the personal data and instead request the restriction of their use, or you need the personal data for the establishment, exercise, or defense of legal claims even though we no longer need the personal data for the purposes of the processing. Where the processing has been restricted according to the above, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. We will notify you before the restriction of the processing is lifted. We will also communicate any restriction of processing of personal data carried out in accordance with your rights stated above to each recipient to whom the personal data have been provided to unless this proves impossible or involves disproportionate effort. If you want information about those recipients, you are more than welcome to contact us This privacy policy was adopted on February 3, 2023. responsible access where rights rights-complaint rights-access rights-object rights-erasure rights-rectify rights-restrict

  • Contact Us | 55 Degrees AB | Skåne, Sweden

    Let us know how we can help you get more done with less stress. We offer workshops, consulting, coaching, and products. Reach out! Get In Touch First Name Last Name Email Phone Subject Message Submit Thanks for getting in touch! We will respond to your message as soon as possible.

  • Portfolio Forecaster Roadmap | 55 Degrees

    Automated Forecast Always up-to-date Portfolio Forecaster is a powerful forecasting tool for Jira users that enables you to generate accurate, up-to-date forecasts and portfolios automatically. Using Monte Carlo simulations leverages your historical project data and risk tolerance to predict timelines and outcomes for any issue type, ensuring smarter, data-driven decisions for your team. Try it for free Take a tour Product Roadmap Learn about what we’re working on, check out what's planned and under consideration, and give feedback. Don't see what you are looking for? Submit your idea!

  • 55 Degrees | Customer Agreement for On-Premise Subscription Products

    Order agreement, terms and conditions, and DPA for 55 Degrees On-Premise products sold via subscription. Legal Agreements Cloud Products On-Prem Subscription Products On-Premise Perpetual Products Privacy Cookie Policy for Apps Privacy Statement Privacy: Customer Employees Privacy: Marketing Privacy: Websites Privacy: Questions, Complaints... Privacy: Suppliers Terms of Use Website Terms Community Terms Archives Order Agreement On-Premise Subscription Products Effective starting: September 6, 2023 This agreement is relevant for all Jira Data Center apps offered by 55 Degrees. Have Jira Server apps or previously purchased Standalone On-Prem licenses? Go to our On-Premise Perpetual Product Customer Agreement . Cloud customers should view our Cloud Product Customer Agreement . This Order Agreement has been entered into between 55 Degrees AB, with Swedish company reg. no. 559201-6843, hereinafter referred to as the ”Supplier ”, and the company stated when starting the subscription, hereinafter referred to as the ”Customer ”. 1. Background and General Terms 1.1. The Supplier and the Customer hereby agree that the Supplier will provide the Product to the Customer. The Agreement applies only to purchases made for the Supplier's On-Premise versions of our products sold for Integration into Jira Data Center or for our own SaaS products. This agreement is not applicable to any previous sale of On-Premise software sold with a perpetual license, including Jira Server licenses 1.2. Words starting with capital letters are defined in this Order Agreement and at the end of the Terms, in the appendix “Definitions”. 1.3. The Agreement consists of this Order Agreement and the following appendices: Appendix 1 – the Terms , and Appendix 2 – the DPA . 1.4. In the event of a conflict between this Order Agreement and the appendices, the terms set out in the Order Agreement shall apply, except for what is stated regarding the processing of personal data, where the DPA shall take precedence. 2. Pricing and Payment 2.1. The Customer shall pay the prices that are stated on the third-party platform or on the Supplier’s website at the time the Customer enters into the Agreement. 2.2. The prices agreed on in this Order Agreement apply at the time when the Order Agreement is concluded. Any prices are stated excluding value-added tax. 3. Term and Termination This Order Agreement becomes effective when the Customer has purchased the right to use the Product at (i) a third-party platform such as Atlassian or (ii) at the Supplier’s website, and this has been confirmed by the Supplier. The Order Agreement remains valid until terminated by either party according to the Terms. APPENDIX 1 The Supplier's General Terms and Conditions On-Premise Subscription Products 1. Background 1.1. These general terms and conditions (the “Terms”) describe the legal terms and conditions that apply when the Customer purchases the Supplier’s Product. 1.2. The Customer is a company or organization and the individual representing the Customer warrants that he or she has authority to enter into an Agreement with the Supplier. 1.3. When starting the Agreement, the Customer confirms that it is not listed on any official terrorist list or is not associated with any country or organization sanctioned by Sweden, the European Union, or the United States. 2. The Product 2.1. The Supplier provides the Product to the Customer in accordance with the Agreement. The Product is provided electronically to the Customer who installs it in their own IT environment. 2.2. If the Customer purchased the Product at a third-party platform such as Atlassian, separate, additional terms may apply to the Customer’s use of such third-party’s platform. The Supplier takes no responsibility for the Customer’s use of such third-party’s platform or any fault, damage, or unavailability of the Product which is due to such third-party platform, regardless of whether such third-party takes responsibility according to its third-party terms. The Terms in this document apply only to the Customer’s use of the Product. 2.3. When the Customer purchases the Product, the Customer agrees to these Terms and is given a right to use and install the Product for the number of End-Users that has been agreed on in the Order Agreement and for the period for which the Agreement applies. The Customer can add more End-Users by placing additional orders. The Customer’s right is non-exclusive, time-limited, and non-transferable and applies to the Customer’s own business, unless otherwise agreed in the Order Agreement. The right applies provided that the Customer fulfills its payment obligations and other obligations under the Agreement. 2.4. The Supplier is always trying to improve the Product and may from time to time make developments, additions, and changes to the Product. 3. The Supplier's Obligations 3.1. The Product shall be considered to have been made available when the Supplier has made it accessible for download and/or installation to the Customer through the internet, e.g. by making it accessible for implementation. For the avoidance of doubt, the Supplier does not provide assistance with the installation. 3.2. The Supplier provides the Product according to the security practices stated on the website of the Supplier. 3.3. The Product is provided “as is”. The Product does not include any integrations to other systems or applications that the Customer may want to use the Product together with if such integrations have not been explicitly agreed on in the Order Agreement. When integrations are included, the Supplier does not take responsibility for the continued functionality of such integrations if a third-party provider changes its service. . 4. Availability and Support 4.1. The Supplier may provide the Customer with online support services related to the Product, via the support portal , at its discretion and for the sole purpose of addressing technical issues relating to the use of the Product. Any support is governed by the Supplier’s policies and programs described in any user manual, online documentation, and/or other materials provided by the Supplier. 4.2. The Product is intended to work together with a specific host application provided by a third party, such as Atlassian. Each version of the Product is intended to work on one or more versions of a specific host application. Support is only provided if (i) the host application provider still publicly supports the host application version used by the Customer, and (ii) the Customer has installed a version of the Product that is compatible with their specific version of the host application. 4.3. Insignificant inconveniences shall not result in the Product being considered unavailable. 4.4. The Customer shall contact the Supplier to report any errors or problems regarding the Product as soon as possible. The Supplier shall thereafter work towards launching a new version of the Product which remedies the errors or problems within a reasonable time. The Supplier’s obligation to provide a new version does not apply if the new version would cause inconvenience and costs to the Supplier that are unreasonably large in relation to the significance of the errors or problems for the Customer. 4.5. In the event the Product has an error that the Supplier deems critical for the functionality of the Product, the Customer’s sole and exclusive remedy shall be either a pro-rated refund of the fee for the current subscription period for the Product or a discount towards the cost of future purchases, at the choice of the Supplier. Such remedy shall be in proportion to the effect for the Customer. The maximum remedy for a year shall be 50% of the price the Customer should have paid for the relevant time period. 5. The Customer's Obligations 5.1. Unless otherwise agreed, the Customer is responsible for the following: a) to download and install the Product; b) to use a version of the Product that is intended for the host application version that the Customer is using. Information about such compatibility is located at the point of download for each version; c) to only install and use the Product on hardware systems owned, leased, or controlled by the Customer, or by a third party provider which the Customer is responsible for the actions of; d) any act of its employees, consultants or other persons appointed by the Customer to use the Product, in particular, the Customer shall make sure that the Customer’s End-Users do not share account access to individuals without authority to use the Product; e) not using the Product for competitive analysis or similar purposes; f) only use the Product for the number of End-Users or similar limitations that have been set out and agreed when concluding the Order Agreement; g) to maintain any equipment and software required to use the Product, maintain the security of its IT environment and to always use the Product in accordance with the Supplier’s Documentation; h) to provide the Supplier with information about the Customer and its use of the Product reasonably required by the Supplier to be able to provide the Product and make improvements, additions and changes to the Product, the Customer can be required to provide information about connection details and information about authorized users; i) notify the Supplier immediately at the Supplier’s support portal if the Product is unavailable; and j) to use the Product in accordance with all applicable laws, regulations, and guidelines issued by a competent authority. 5.2. The Customer shall not use, copy, modify or give access to the Product to a greater extent than has been agreed on or is considered within the intended use of the Product. The Customer shall especially not decompile, disassemble, or in other ways reverse engineer the Product, except as necessary in order to make the Product work with other software used by the Customer. According to Swedish legislation, the Customer is however allowed to make copies of the Product when it is necessary in order to use the Product as intended, without additional compensation and to a reasonable extent. This mainly refers to copies for backup and security purposes. Any copies are subject to terms set out in the Agreement. 5.3. The Supplier is not responsible for changes in the Product that occur because of the Customer’s actions. The Supplier is also not responsible for any failure of the Product to work as intended due to the configuration of the host application and/or the Customer’s IT environment. 5.4. If the Customer does not comply with the terms of the Agreement and does not rectify within ten (10) days of the Supplier notifying the Customer of the non-compliance, the Supplier is entitled to suspend the Product until rectification is made. The Customer shall indemnify the Supplier for any costs or claims by a third party based on the Customer’s use of the Product in violation of the terms of the Agreement. 6. Prices and Payment 6.1. The Customer shall pay the prices that the parties specifically have agreed on in the Order Agreement. 6.2. Unless otherwise explicitly agreed, the Supplier has the right to adjust prices at any time, such adjustments will take effect on the coming Agreement Terms, i.e. when the Agreement is renewed. In addition, the Supplier may at any time adjust prices due to changes in regulations, taxes, fees, or similar circumstances beyond the Supplier’s control. 7. Trial Period and Early Access 7.1. If the Customer registers to use the Product for a free Trial Period these Terms shall apply, in applicable parts, during the Trial Period. Sections that, by their nature, are not applicable during the Trial Period shall be inapplicable during such period, including but not limited to section 4.1, 6, 8, 13.3, 13.4, 13.5, and 13.7. 7.2. When the Supplier offers a Trial Period or Early Access, the Supplier’s obligation is limited to providing the Customer with access to use the Product. Thus, the Supplier has no responsibility for the Product functioning in a certain way or responsibility for providing the Customer with support or remedying any unavailability. However, the Supplier will usually make sure that the Product works as intended. The Supplier is neither liable for any direct or indirect damages due to the Customer’s use of the Product. 7.3. The term of the Agreement for the Customer’s Trial Period is stated when the Customer starts to use the Trial Period. When the term of the Trial Period has expired, the Customer may choose to continue using the Product and then pay for it in accordance with what is stated in the Terms. 7.4. The Customer does not have the right to use more than one free Trial Period unless explicitly allowed by the licensing platform or the Supplier. The Customer shall reimburse the Supplier for any unallowed continued use of the Product during an additional Trial Period. Such reimbursement shall be coherent with the Supplier’s highest prices for using the Product at that point in time. 7.5. The parties may at any time choose to end the Trial Period and the Customer will, in that case, no longer use the Product. The parties may as well at any time choose to end the Early Access and the Customer will, in such case, no longer have access to the Early Access features in the Product. 8. Term and Termination 8.1. The Agreement is provided for the Agreement Term. 8.2. If the parties have not agreed otherwise, the Agreement shall enter into force when the Order Agreement has been concluded (for example when the Customer has signed up to use the Product at the Supplier’s website and this has been confirmed by the Supplier). The Agreement is renewed by the Customer paying a renewal quote at the third party platform for an additional Agreement Term unless otherwise agreed upon. 8.3. Either party can terminate the Agreement at any time. Such termination shall take effect on the coming Agreement Term. The Customer shall make such notification at the point of sale, for example at the third-party platform as Atlassian. 8.4. The Supplier has the right to terminate the Agreement with immediate effect if: a) the Customer has committed a material breach of the Agreement and does not take full correction of such breach within thirty (30) days of the other party giving written notice thereof; or b) the Customer is declared bankrupt, enters into liquidation, cancels its payments, or can otherwise reasonably be assumed to have become insolvent. 8.5. When the Agreement has been terminated, the Customer shall immediately cease to use the Product and, in particular, uninstall the Product from its hardware. Both parties shall return or delete such information that is covered by confidentiality in accordance with section 11, including Documentation. 9. Amendments The Supplier may change the Agreement at any time by giving the Customer a three (3) months prior written notice. The Customer may terminate the Agreement if the Customer has a reasonable explanation for not accepting the new Agreement by giving notice at least one (1) month before the new Agreement will come into force. In such case, the Supplier shall pay back the amounts corresponding to the period the Customer has not been able to use the Product. The Customer may not terminate the Agreement if the grounds for a significant change to the Agreement is due to changes in law, constitution, by authority decision, or changes in other circumstances outside of the Supplier’s control. The Customer has the right to terminate the Agreement with immediate effect if such change entails a significant inconvenience for the Customer. 10. Personal Data 10.1. Within the scope of fulfilling the obligations under the Agreement, the Supplier will process personal data on behalf of the Customer. Within the scope of such processing, the Customer is the controller for personal data and the Supplier is the processor. For this purpose, the parties have entered into a DPA (Appendix 2) . 10.2. The Supplier may gather and in other ways process personal data as a data controller in order to improve the Product. This processing is included in the Supplier’s relevant Privacy Policy . 11. Confidentiality 11.1. Both parties hereby agree not to, without the other party’s prior written approval, publish or otherwise disclose to third parties any information relating to the other party’s business which is or can be reasonably presumed to be confidential, with the exemption for: a) information that is or becomes publicly known, except through a breach of this Agreement by the receiving party; b) information from a third party that is public to the receiving party without obligation of confidentiality; c) information that was known to the receiving party prior to receipt from the disclosing party, without obligation of confidentiality; or d) the disclosure or use of information is required by law, regulations, or any other regulatory body. In the event of such disclosure, the disclosing party shall, if possible, notify the other party before such disclosure takes place. 11.2. Specifically, the Supplier shall keep any Customer Data secret and ensure that employees only have access to the Customer Data if it is necessary to perform the services, e.g. support and maintenance (“need to know basis”). 11.3. Information that a party has stated as confidential shall always be regarded as confidential information. 11.4. Each party is responsible for compliance with this confidentiality undertaking by its respective subcontractors, consultants, and employees. The confidentiality undertaking under this section applies during the term of the Agreement and for a period of three (3) years after the Agreement has expired. The confidentiality undertaking for Customer Data applies for an indefinite period of time. 12. Publicity and Marketing 12.1. Unless the Customer has objected according to section 12.2, the Supplier may publicly state that the Customer is a customer of the Supplier. The Customer grants the Supplier the right to include the Customer’s name, trademark, logo, or similar identifying material in a listing of customers on the Supplier’s website and/or promotional material in relation to the Product. 12.2. The Customer may, via the Supplier’s support portal, ask the Supplier not to include information about the Customer in any publicly available material. Such a request can be made at any time, even before the Supplier has published information according to section 12.1. After a request from the Customer, the Supplier shall stop including information about the Customer in any publicly available material within thirty (30) days and as far as possible delete any already publicized information about the Customer. 13. Intellectual Property Rights 13.1. The Supplier or its licensors hold all rights, including intellectual property rights, to the Product and the Documentation (including, without limitation to, such development or improvements specifically performed on behalf of the Customer) including software and source code. Nothing in the Agreement shall be construed as a transfer of such rights, or any part thereof, to the Customer. To be clear, the Customer is for example not allowed to reverse engineer, decompile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide other parties with access to the Product in whole or in part, except as stated in section 5.2. 13.2. The Customer has all rights, including intellectual property rights, to the Customer Data. During the term of the Agreement, the Supplier may use the Customer Data and data related to the Customer’s use of the Product (personal data excluded) in order to provide the Product to the Customer successfully. 13.3. The Supplier shall compensate the Customer for damage suffered by the Customer as a result of claims from third parties regarding infringement of such third party’s intellectual property rights. The limitation of liability as set out in this section 13 and in section 14 shall however apply, except for what is stated in section 14.5. 13.4. The Supplier’s obligation to indemnify the Customer pursuant to section 13 applies only provided that the Customer: a) without undue delay notifies the Supplier in writing of claims made against the Customer; b) allows the Supplier to control the defence and make decisions alone in all related settlement negotiations; and c) acts in accordance with the Supplier's Documentation and cooperates with and assists the Supplier to the extent that the Supplier reasonably requests. 13.5. If it comes to the Supplier’s knowledge or is finally settled that there is an infringement of a third party’s intellectual property rights, the Supplier may choose to either: a) ensure the Customer a continued right to use the Product; b) change the Product so that infringement no longer exists; c) replace the Product, or any part thereof, with any other non-infringing equivalent product; or d) terminate or temporarily cease to provide the Product and, after deducting the Customer’s reasonable benefit, repay the Customer’s fee paid for the Product, without interest. 13.6. The Supplier has the right to freely use the know-how, professional knowledge, experience, and skills that the Supplier acquires through or in connection with providing the Product. 13.7. The Supplier’s obligations under this section 13 are conditional upon the Customer’s use of the Product exclusively in accordance with the terms of the Agreement. 13.8. This section 13 constitutes the Supplier’s total liability towards the Customer for infringement of third parties’ intellectual property rights. 14. Limitation of Liability 14.1. The Supplier’s responsibility for the provision of the Product is limited in accordance with what is stated in these Terms. 14.2. The Supplier is - with the limitations set out below - liable to the Customer for damages caused due to the Supplier’s negligence. However, the Supplier is not liable for damages caused by third-party platforms, such as Atlassian, including any fault, disturbance, or unavailability caused by such third-party platform, or any integrations to other systems or applications that the Customer may want to use the Product together with. Neither is the Supplier liable for damages due to modifications or changes to the Product made according to the Customer’s instructions or performed by anyone other than the Supplier (including but not limited to the Customer and Customer’s suppliers). 14.3. The Product is provided on an “as-is” basis without any express or implicit promises or guarantees. 14.4. Notwithstanding the above, the Supplier shall under no circumstance be liable for indirect damages (Sw. indirekt skada), including damages caused by loss of profit, revenue, anticipated savings or goodwill, loss of information or Customer Data, loss due to operational, business, power or network interruptions, loss due to modifications of the Product made in accordance with the Customer’s instructions or performed by anyone other than the Supplier, as well as any claims due to the Customer’s possible liability to third parties; without prejudice to section 13.3. The Supplier is neither liable for any claims deriving from the Customer’s relationship with any third-party platform such as Atlassian where the Product was purchased or integrated with. 14.5. The Supplier’s total and aggregate liability under the Agreement regardless of the number of incidents, is limited to the amount paid by the Customer according to the Agreement during the twelve (12) months prior to the time the damage occurred. 14.6. The Customer shall, in order not to lose its right, submit a claim for compensation in writing no later than ninety (90) days after the Customer noticed, or should have noticed, the actual damage or loss, however in no case later than six (6) months from when the loss arose. 14.7. In case of a claim from a third party, the party responsible for such claim shall indemnify and hold the other party harmless. 15. Force Majeure 15.1. Each party shall be relieved from liability for damages for a failure to perform any obligation under the Agreement to the extent that the due performance is prevented by reason of any circumstance beyond the control of the party. Such as internet limitation or slow connection, power outages, network intrusion, lawsuits, pandemics, labor disputes, loss of communications, mobilization or large-scale military recruits, ordinances, rationing of fuel, goods, or energy, and defects and delays in deliveries from subcontractors caused by any party outside the party’s control provided that the other party is notified immediately. 15.2. The parties have the right to terminate the Agreement immediately if force majeure continues or will obviously continue for more than sixty (60) days. 16. Miscellaneous 16.1. The Supplier is entitled to assign subcontractors to accomplish its obligations under the Agreement. The Supplier is liable for the work of the subcontractors as well as its own. 16.2. The primary means of communication between the parties concerning the Product shall be through the support portal support portal . 16.3. The content of the Agreement and its appendices shall supersede all previous written or oral commitments and undertakings. 16.4. The documents described in the definition of the Agreement shall have mutual priority in the following order: (i) the Order Agreement, (ii) the Terms and (iii) any annexes. Any annexes shall have priority over each other in accordance with the order set out in the Order Agreement. However, the provisions of the DPA shall prevail with regard to processing of personal data and nothing in the Agreement shall be deemed to restrict or modify obligations set out in the DPA. 16.5. The Agreement may not be transferred to a third party without the other party’s prior written consent. However, the parties are allowed to transfer the Agreement to companies within the same corporate group and in a situation of transferring the Supplier’s operation or a part thereof, the Supplier is admissible to transfer the Agreement to a third party. 16.6. The failure of a party to exercise any right under the Agreement or the failure to point out any particular condition attributable to the Agreement shall not constitute a waiver by a party of such right. 16.7. The following sections apply even after the termination of the Agreement: 8 (Term and termination), 11 (Confidentiality), 13 (Intellectual Property Rights), 14 (Limitation of Liability) and 17 (Governing Law and Disputes). 17. Governing Law and Disputes 17.1. The Agreement shall be governed by and construed in accordance with the laws of Sweden. 17.2. Any dispute arising out of or in connection with the Agreement shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”). 17.3. The Rules for Expedited Arbitrations shall apply, unless the SCC Institute, considering the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. 17.4. The place of arbitration shall be Malmö. The language of the proceedings shall be Swedish and Swedish law shall apply to the dispute. Regardless of what has just been said, the Supplier shall always have the right to apply for an injunction to payment or bring an action regarding non-payment in a general court. Definitions "Agreement" means the contractual agreement between the parties no matter in what form, including the Order Agreement, these Terms, the DPA and any appendices mentioned in the Order Agreement, in the Terms, or in the DPA. “Agreement Term” means the term agreed upon in the Order Agreement. ”Customer” means the company specified in the Order Agreement as a customer or the person who otherwise agrees with the Supplier to use the Product. ”Customer Data” means any data that is provided to the Supplier by or on behalf of the Customer through the use of the Product. ”Documentation” means any instruction or other documentation that the Supplier provides to the Customer at any time. “DPA” means the data processing agreement concluded between the parties. “End-Users” means the individual who uses the Product as part of the Customer’s Agreement. “Early Access” means a time-limited period for which the parties have agreed that the Customer shall test new features or a beta version of the Product. The version of the Product used during Early Access is under ongoing development by the Supplier and therefore not complete or equivalent to the Product. “Order Agreement” means the contract between the Customer and the Supplier that includes Customer details and specific terms in relation to the Customer’s purchase of the Product or Agreement to use the Product. The Order Agreement may be constituted by a document signed by the Customer, an offer accepted by the Customer, an e-mail, or a web form at the Supplier’s website where the Customer has provided its credentials and signed up to use the Product. “Product” means the service provided to the Customer according to the Agreement. “Supplier” means the company providing the Product which the Customer has concluded the Agreement with. “Trial Period” means a time-limited period for which the parties have agreed that the Customer is entitled to use the Product for the sole purpose of evaluation prior to purchase. APPENDIX 2 Data Processing Agreement On-Premise Subscription Products Effective September 6, 2022 1. Background and Interpretation 1.1. The Supplier will, upon performance of the Agreement when providing its Product, process personal data on behalf of the Customer, in the capacity of the Customer’s processor. The Supplier will process personal data for which the Customer is the controller. 1.2. This Data Processing Agreement (the “DPA ”) forms an integral part of the Agreement. The purpose of this DPA is to ensure a secure, correct, and legal processing of personal data and to comply with applicable requirements for data processing agreements as well as to ensure adequate protection for the personal data processed within the scope of the Agreement. 1.3. Any terms used in this DPA, e.g. processing, personal data, data subjects, supervisory authority, etc., shall primarily have the meaning as stated in the European Parliament and the Council Regulation (EU) 2016/679 (the “GDPR “) and otherwise in accordance with the Agreement, unless otherwise clearly indicated by the circumstances. 1.4. In light of the above, the Parties have agreed as follows: 2. Instructions and Responsibilities 2.1. The type of personal data and categories of data subjects processed by the Supplier under this DPA and the purpose, nature, duration, and objects of this processing, are described in the instructions on the processing of personal data in Appendix 2A or the written instructions that Customer provides from time to time. The Supplier shall not process additional categories of personal data or personal data in relation to other data subjects than those specified in Append ix 2A . 2.2. Customer is responsible for complying with the GDPR. Customer shall in particular: a) be a contact person towards data subjects and i.e. respond to their inquiries regarding the processing of personal data; b) ensure the lawfulness of the processing of personal data, provide information to data subjects pursuant to Articles 12-14 in the GDPR, and maintain a record of processing activities under its responsibility; c) provide the Supplier with documented instructions for the Supplier’s processing of personal data, including instructions regarding the subject matter, duration, nature, and purpose of the processing as well as the type of personal data and categories of data subjects; d) immediately inform the Supplier of changes that affect the Supplier’s obligations under this DPA; e) immediately inform the Supplier if a third party takes action or lodges a claim against the Customer as a result of the Supplier’s processing under this DPA; and f) immediately inform the Supplier if anyone else is a joint controller with the Customer of the relevant personal data. 2.3. When processing personal data, the Supplier shall: a) only process personal data in accordance with Customer’s documented instructions, which at the time of the parties entering into this DPA are set out in Appendix 2A; b) ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; c) maintain an adequate level of security for personal data by implementing all technical and organizational measures set out in Article 32 of the GDPR in the manner set out in section 3 below; d) respect the conditions referred to in paragraphs 2 and 4 of Article 28 of the GDPR for engaging a sub-processor; e) taking into account the nature of the processing, assist the Customer by appropriate technical and organizational measures, insofar as it is possible, for the fulfillment of the Customer’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR; f) assist Customer in ensuring compliance with the obligations pursuant to Articles 32-36 of the GDPR, taking into account the nature of the processing and the information available to the Supplier; g) at the choice of Customer, delete or return all the personal data to Customer after the end of the Agreement, and delete existing copies, unless EU law or applicable national law of an EU Member State requires the storage of the personal data; and h) make available to Customer all information necessary to demonstrate compliance with the obligations laid down in Article 28 in the GDPR and this DPA and allow for and contribute to audits, including inspections, conducted by Customer or another auditor agreed upon by the Parties. 2.4. The Supplier shall notify the Customer without undue delay, if, in the Supplier’s opinion, an instruction infringes the GDPR. In addition, the Supplier is to immediately inform the Customer of any changes affecting the Supplier’s obligations pursuant to this DPA. 3. Security 3.1. The Supplier shall implement technical and organizational security measures in order to protect personal data against destruction, alteration, unauthorized disclosure, and unauthorized access. The measures shall ensure a level of security that is appropriate considering the state of the art, the costs of implementation, the nature, scope, context, and purpose of the processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons. The Supplier may amend its technical and organizational measures. 3.2. The Supplier shall notify the Customer of accidental or unauthorized access to personal data or any other personal data breach without undue delay after becoming aware of such data breach and pursuant to Article 33 of the GDPR. Such notification shall not in any manner imply that the Supplier has committed any wrongful act or omission, or that the Supplier shall become liable for the personal data breach. 3.3. If the Customer, during the term of this DPA, requires that the Supplier take additional security measures, the Supplier shall as far as possible meet such requirements provided that the Customer pays and takes responsibility for any and all costs associated with such additional measures. 4. Sub-processors and Transform to Third Countries 4.1. The Customer hereby grants the Supplier with a general authorization to engage sub-processors. Sub-processors are listed in the list of sub-contractors in Appendix 2B . The Supplier shall enter into a data processing agreement with each sub-processor, according to which, the same data protection obligations as set out in this DPA, are imposed upon the sub-processor. 4.2. The Supplier shall inform the Customer of any intended changes concerning the addition or replacement of sub-processors, thereby giving the Customer the opportunity to object to such changes. Such objection shall be made in writing and within thirty (30) calendar days after the Supplier has informed the Customer about the intended changes. If the Customer objects to the Supplier engaging a sub-processor and the parties cannot agree, within a reasonable time, on the new sub-processor’s engagement in the processing of personal data, the Supplier can terminate the Agreement. 4.3. If the Supplier and/or sub-processors transfers personal data outside the EU/EEA, such transfer shall always comply with the applicable data protection requirements according to the GDPR and related data protection legislation. The Supplier shall keep the Customer informed about the legal grounds for the transfer. 5. Compensation and Limitation of Liability 5.1. The Supplier is not entitled to any additional compensation for the processing of personal data in accordance with this DPA, instead the compensation provided pursuant to the Agreement also encompasses the measures in this DPA. 5.2. Each Party shall be responsible for any damages and administrative fines imposed to it under articles 82 and/or 83 of the GDPR. 5.3. Notwithstanding any limitation of liability in the Agreement, each party’s liability under this DPA shall be limited to direct damages. In addition, the Supplier's liability shall be limited to an amount corresponding to the fees paid by the Customer to the Supplier under the Agreement for a period of six (6) months before the damage occurred. 6. Term and Termination 6.1. This DPA becomes effective when the Agreement has been entered into. 6.2. Upon termination of the Agreement, the Supplier shall, at the choice of the Customer, delete all the personal data or return it to the Customer, and ensure that each sub-processor does the same. 6.3. This DPA remains in force as long as the Supplier processes personal data on behalf of the Customer, including deletion or returning of personal data according to section 6.2 above. This DPA shall thereafter cease to apply. Sections 5 and 6.2 shall continue to apply even after this DPA has been terminated. APPENDIX 2A Instructions on Processing of Personal Data Purposes The Supplier processes personal data in order to fulfil the Agreement. This means that the Supplier processes personal data for the following purposes: Handle customer support cases, Work with key End-Users designated by the Customer for purposes of the customer success program. This program is available to opt-in to for certain customer accounts Categories of personal data Categories of personal data that will be processed by the Supplier include: Name, E-mail address, and Information about how the Product is used provided by the Customer for the purposes of support and customer success. Categories of data subjects End-Users. Retention time Personal data about End Users will be processed and deleted according to the Customer’s instructions. The Customer is responsible for and can choose when such data shall be deleted. Processing operations The Supplier processes the personal data of End-Users in the following ways. To provide customer support when the Customer opens a support request via e-mail or via the Supplier’s support portal. To support activities related to the customer success program. Information Security Measures The Supplier Security Practices Application-specific Data Security and Privacy Statements Security Advisories and related policy APPENDIX 2B Sub-Processors No sub-processors are involved in your regular usage of our On-Premise applications. However, we do rely on sub-processors to support your End-Users' ability to get value out of your purchase via our Customer Support and Customer Success functions. In the table below, you can see exactly for which purposes we utilize sub-processors for End-Users of any of our On-Premise applications. Name Purpose Location of processing Atlassian Corporation Plc (Jira Service Management) DPA | International Data Transfers The Customer and End-User support management service provider Europe.* * Customer Account data (name, email address) is stored across the Global AWS Regions. Read more RefinedWiki (Refined) DPA upon request Authentication and Request Management for our Customer support portal Europe Please see our sub-processors page for additional information on the sub-processors above as well as a full list of the subprocessors that process personal data, even those that aren't relevant to this DPA. Terms Definitions DPA Instructions Subprocessors

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  • Privacy Interviews | 55 Degrees

    Privacy Policy: If you participate in an interview We at 55 Degrees AB (”55 Degrees” , “we” ,”our” and ”us” ) care about your privacy and want you to feel safe when we process your personal data. In this privacy policy we want to inform you about how we process your personal data if you consent to participating in an interview. Our goal is to be as transparent as possible regarding our processing of your personal data – do not hesitate to contact us with any questions you have! How do we process your personal data? To market our business What processing we perform We use the footage to market our business, both internally and externally, on external channels, such as on our website/blog and social media channels (YouTube, LinkedIn etc.). What personal data we process Video material of you, information about your organization and information about your name. Our legal basis for the processing Consent (Article 6.1.a GDPR) We collect your consent before we interview you. You can withdraw your consent at any time. Storage period: We will use the video material of you for an indefinite period of time, or until you withdraw your consent. You can find all our privacy policies which describe how we process personal data in other situations, e.g. if you visit our website or otherwise are in contact with us at https://www.55degrees.se/privacy . Your rights Below you find a detailed description of your rights and how to exercise them . In summary you have the following rights: the right to lodge a complaint with a supervisory authority, the right to withdraw your consent , the right to access what personal data we process about you, the right to rectification of any personal data that is inaccurate, the right to erasure of the personal data we process, the right to restrict our processing, and the right to data portability . Below you can read more about: By pressing the selected heading, you will be moved to relevant paragraph. Who is responsible and how to contact us? Who can gain access to your personal data and why? Where is your personal data processed? What are your rights when we process your personal data? Detailed description Who is responsible and how to contact us? We at 55 Degrees 55 Degrees AB is responsible for the processing of your personal data. If you have any questions or if you wish to exercise any of your rights, we are available at: Full name of legal entity: 55 Degrees AB (organization number 559201-6843) E-mail address: privacy@55degrees.se Mailing address: Lilla Nygatan 7, 211 38 Malmö, Sweden Who can gain access to your personal data and why? We do not sell your personal data or share it with other parties unless it is necessary. This means that your personal data will be handled by our employees, but only by the personnel in need of such access to conduct their work. We will store your personal data, anonymised when possible, within our IT systems to ensure good and secure IT operations. This means that we share your personal data with our IT suppliers. Our IT-supplier will process your personal data on our behalf and following our instructions. We need to work with third parties to conduct our business. We are responsible for any sharing of your personal data to such suppliers and to ensure that your personal data is safe when shared with third parties. For more detailed information on our suppliers and the information we store with them, please visit our supplier page located at https://support.55degrees.se/space/SECURE/2014216193/55+Degrees+Sub-Processors+and+Suppliers . Where is your personal data processed? We use EU/EEA vendors that store data in the EU/EEA when possible. However, when we must use suppliers outside of the EU/EEA, your personal data will be processed outside of the EU/EEA. These suppliers store some or all information in the USA. In the above situations we and our suppliers rely on Standard Contractual Clauses for the transfer of personal data outside of the EU/EEA. The use of Standard Contractual Clauses is an effort to provide a safe transfer of your personal data. You find a more detailed description of the transfer of personal data at https://support.55degrees.se/space/SECURE/2014216193/55+Degrees+Sub-Processors+and+Suppliers . If you want to know more about who we share your personal data with and how your personal data is transferred, please feel free to contact us. Our contact information can be found at the beginning of this privacy policy. What are your rights when we process your personal data? Detailed description You have certain rights that you can exercise to affect how we process your personal data. You can read a more detailed description about what those rights are below. If you want to know more about your rights or if you want to exercise any of your rights, please contact us and we will help you. Right to complain – Article 77 of the GDPR You have the right to lodge a complaint with the competent supervisory authority if you consider that the processing of your personal data violates the GDPR. In Sweden, the competent supervisory authority is the Swedish Authority for Privacy Protection (IMY) . Right to withdraw your consent – Article 7.3 of the GDPR You have the right to withdraw your consent at any time by contacting us . Right of access – Article 15 of the GDPR You have the right to obtain confirmation as to whether we are processing your personal data or not. You can make a request by contacting us . If we are processing your personal data, you also have the right to obtain a copy of the personal data processed by us as well as information about our processing, such as the purposes of the processing and for how long your personal data is stored. Right to rectification of processing – Article 16 of the GDPR You have the right to have inaccurate personal data concerning you rectified without undue delay. You also have the right to have incomplete personal data completed. Right to erasure (“the right to be forgotten”) – Article 17 of the GDPR Under certain conditions, you have the right to have your personal data erased by us without undue delay. For example, if you withdraw your consent and there is no other legal basis for the processing or if the personal data is no longer necessary for the purposes for which they were collected or processed. Right to restriction of processing – Article 18 of the GDPR Under certain conditions, you have the right to request that we restrict our processing of your personal data. For example, if you contest the accuracy of the personal data, or if the processing is unlawful and you oppose the erasure of the personal data and instead request the restriction on the use of the personal data. Right to data portability – Article 20 of the GDPR You have the right to receive personal data concerning you . This right applies to personal data that you have provided to us in a structured, commonly used and machine-readable format. You also have the right to transmit those personal data to another controller, where technically feasible. _______________________ This privacy policy was adopted on April 6, 2025. Your rights Contact Right to complain Right to withdraw Right of access Right of rectification of processing Right to erasure Right to restriction of processing Right to data portability

  • 55 Degrees | DPA for our On-Premise Perpetual License Products

    This document outlines the data processing agreement for purchasers of 55 Degrees On-Premise products sold with a perpetual license. Legal Customer Agreements Cloud Subscriptions On-Prem Subscriptions On-Prem Perpetual Privacy Statement & Policies Community Terms of Use Website Terms of Use Archives Download Available Click the icon to download a PDF of this page. Appendix 1 Data Processing Agreement for On-Premise Perpetual Products Effective November 21, 2022 1. Background and Interpretation 1.1. The Supplier will, upon performance of the Agreement when providing its Product, process personal data on behalf of the Customer, in the capacity of the Customer’s processor. The Supplier will process personal data for which the Customer is the controller. 1.2. This Data Processing Agreement (the “DPA ”) forms an integral part of the Agreement. The purpose of this DPA is to ensure a secure, correct, and legal processing of personal data and to comply with applicable requirements for data processing agreements as well as to ensure adequate protection for the personal data processed within the scope of the Agreement. 1.3. Any terms used in this DPA, e.g. processing, personal data, data subjects, supervisory authority, etc., shall primarily have the meaning as stated in the European Parliament and the Council Regulation (EU) 2016/679 (the “GDPR “) and otherwise in accordance with the Agreement, unless otherwise clearly indicated by the circumstances. 1.4. In light of the above, the Parties have agreed as follows: 2. Instructions and Responsibilities 2.1. The type of personal data and categories of data subjects processed by the Supplier under this DPA and the purpose, nature, duration, and objects of this processing, are described in the instructions on the processing of personal data in Appendix 1A or the written instructions that Customer provides from time to time. The Supplier shall not process additional categories of personal data or personal data in relation to other data subjects than those specified in Appendix 1A . 2.2. Customer is responsible for complying with the GDPR. Customer shall in particular: a) be the point of contact towards data subjects and i.e. respond to their inquiries regarding the processing of personal data; b) ensure the lawfulness of the processing of personal data, provide information to data subjects pursuant to Articles 12-14 in the GDPR, and maintain a record of processing activities under its responsibility; c) provide the Supplier with documented instructions for the Supplier’s processing of personal data, including instructions regarding the subject matter, duration, nature, and purpose of the processing as well as the type of personal data and categories of data subjects; d) immediately inform the Supplier of changes that affect the Supplier’s obligations under this DPA; e) immediately inform the Supplier if a third party takes action or lodges a claim against the Customer as a result of the Supplier’s processing under this DPA; and f) immediately inform the Supplier if anyone else is a joint controller with the Customer of the relevant personal data. 2.3. When processing personal data, the Supplier shall: a) only process personal data in accordance with Customer’s documented instructions, which at the time of the Parties entering into this DPA are set out in Appendix 1A; b) ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; c) maintain an adequate level of security for personal data by implementing all technical and organizational measures set out in Article 32 of the GDPR in the manner set out in section 3 below; d) respect the conditions referred to in paragraphs 2 and 4 of Article 28 of the GDPR for engaging a sub-processor; e) taking into account the nature of the processing, assist Customer by appropriate technical and organizational measures, insofar as it is possible, for the fulfillment of Customer’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR; f) assist Customer in ensuring compliance with the obligations pursuant to Articles 32-36 of the GDPR, taking into account the nature of the processing and the information available to the Supplier; g) at the choice of Customer, delete or return all the personal data to Customer after the end of the Agreement, and delete existing copies, unless EU law or applicable national law of an EU Member State requires the storage of the personal data; and h) make available to Customer all information necessary to demonstrate compliance with the obligations laid down in Article 28 in the GDPR and this DPA and allow for and contribute to audits, including inspections, conducted by Customer or another auditor agreed upon by the Parties. 2.4. The Supplier shall notify the Customer without undue delay, if, in the Supplier’s opinion, an instruction infringes the GDPR. In addition, the Supplier is to immediately inform the Customer of any changes affecting the Supplier’s obligations pursuant to this DPA. 3. Security 3.1. The Supplier shall implement technical and organisational security measures in order to protect personal data against destruction, alteration, unauthorised disclosure, and unauthorised access. The measures shall ensure a level of security that is appropriate considering the state of the art, the costs of implementation, the nature, scope, context, and purpose of the processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons. The Supplier may amend its technical and organisational measures. 3.2. The Supplier shall notify Customer of accidental or unauthorised access to personal data or any other personal data breach without undue delay after becoming aware of such data breach and pursuant to Article 33 of the GDPR. Such notification shall not in any manner imply that the Supplier has committed any wrongful act or omission, or that the Supplier shall become liable for the personal data breach. 3.3. If the Customer, during the term of this DPA, requires that the Supplier take additional security measures, the Supplier shall as far as possible meet such requirements provided that the Customer pays and takes responsibility for any and all costs associated with such additional measures. 4. Sub-processors and Transform to Third Countries 4.1. Customer hereby grants the Supplier with a general authorisation to engage sub-processors. Sub-processors are listed in the list of sub-contractors in Appendix 1B . The Supplier shall enter into a data processing agreement with each sub-processor, according to which, the same data protection obligations as set out in this DPA, are imposed upon the sub-processor. 4.2. The Supplier shall inform Customer of any intended changes concerning the addition or replacement of sub-processors, thereby giving Customer the opportunity to object to such changes. Such objection shall be made in writing and within thirty (30) calendar days after the Supplier has informed Customer about the intended changes. If Customer objects to the Supplier engaging a sub-processor and the Parties cannot agree, within a reasonable time, on the new sub-processor’s engagement in the processing of personal data, the Supplier can terminate the Agreement. 4.3. If the Supplier and/or sub-processors transfers personal data outside the EU/EEA, such transfer shall always comply with the applicable data protection requirements according to the GDPR and related data protection legislation. The Supplier shall keep Customer informed about the legal grounds for the transfer. 5. Compensation and Limitation of Liability 5.1. The Supplier is not entitled to any additional compensation for the processing of personal data in accordance with this DPA, instead the compensation provided pursuant to the Agreement also encompasses the measures in this DPA. 5.2. Each Party shall be responsible for any damages and administrative fines imposed to it under articles 82 and/or 83 of the GDPR. 5.3. Notwithstanding any limitation of liability in the Agreement, each Party’s liability under this DPA shall be limited to direct damages. In addition, the Supplier's liability shall be limited to an amount corresponding to the fees paid by the Customer to the Supplier under the Agreement for a period of six (6) months before the damage occurred. 6. Term and Termination 6.1. This DPA becomes effective when the Agreement has been entered into. 6.2. Upon termination of the Agreement, the Supplier shall at the choice of Customer, delete all the personal data or return it to Customer, and ensure that each sub-processor does the same. 6.3. This DPA remains in force as long as the Supplier processes personal data on behalf of Customer, including deletion or returning of personal data according to section 6.2 above. This DPA shall thereafter cease to apply. Sections 5 and 6.2 shall continue to apply even after this DPA has been terminated. 7. Changes 7.1. If provisions of the GDPR change or if a supervisory authority issues guidelines, decisions or regulations regarding the application of the GDPR during the term of this DPA, with the result that this DPA does not meet the requirements for a data processing agreement, the Parties shall change this DPA to meet the requirements. 7.2. Any other changes to this DPA than following from section 7.1 above or changes in Customer’s documented instructions, shall be made in writing and signed by the Parties’ authorized representatives, to be binding. 8. Miscellaneous 8.1. In the event of deviating provisions between the Agreement and this DPA, the provisions of this DPA shall prevail with regard to processing of personal data and nothing in the Agreement shall be deemed to restrict or modify obligations set out in this DPA, notwithstanding anything to the contrary in the Agreement. 8.2 . This DPA supersedes and replaces all data processing agreements between the Parties potentially existing prior to this DPA. APPENDIX 1A Instructions on Processing of Personal Data Purposes The Supplier processes personal data in order to fulfil the Agreement. This means that the Supplier processes personal data for the following purposes: To handle customer support cases, To work with key End-Users designated by the Customer for purposes of the customer success program. This program is available to opt-in to for certain customer accounts Categories of personal data Categories of personal data that will be processed by the Supplier include: Name, E-mail address, Role in organisation, and Information about how the Product is used provided by the Customer for the purposes of support and customer success. Categories of data subjects End-Users. Retention time The personal data will be processed for as long as the End-User continues to actively use the Service and for twelve (12) months thereafter if the End-User has provided information about which Customer they are associated with. Processing operations The Supplier process the personal data of End-Users in the following ways. The End-User’s name and e-mail address, as well as contextual information provided by the End-User, is collected in order to provide customer support when customers open a support request via e-mail or via the Supplier’s support portal. The name and e-mail address regarding key End-Users designated by the Customer may be stored in the Supplier’ CRM system by Customer Success Specialists to support activities related to the customer success program.. Information Security Measures The Supplier Security Practices Application-specific Data Security and Privacy Statements Security Advisories and related policy APPENDIX 1B Sub-Processors No sub-processors are involved in your regular usage of our On-Premise applications. However, we do rely on sub-processors to support your end-users' ability to get value out of your purchase via our Customer Support and Customer Success functions. In the table below you can see exactly which purposes we utilize sub-processors for end-users of any of our On-Premise applications. Please see our sub-processors page to find links to related documents such as DPAs for the sub-processors above as well as a full list of the subprocessors that process personal data, even those that aren't relevant to this DPA. Appendix2B Appendix2A

  • 55 Degrees | Cloud Product Agreement

    Order agreement, terms and conditions, and DPA for 55 Degrees cloud products. Legal Agreements Cloud Products On-Prem Subscription Products On-Premise Perpetual Products Privacy Cookie Policy for Apps Privacy Statement Privacy: Customer Employees Privacy: Marketing Privacy: Websites Privacy: Questions, Complaints... Privacy: Suppliers Terms of Use Website Terms Community Terms Archives Order Agreement for Cloud Products Effective starting: November 26, 2024. See the legal archives for previous versions of this document. This Order Agreement has been entered into between 55 Degrees AB, with Swedish company reg. no. 559201-6843, hereinafter referred to as the ”Supplier ”, and the company stated when starting the subscription, hereinafter referred to as the ”Customer ”. 1. Background and General Terms 1.1. The Supplier and the Customer hereby agree that the Supplier will provide the Service to the Customer. 1.2. Words starting with capital letters are defined in this Order Agreement and at the end of the Terms in the appendix “definitions”. 1.3. The Agreement consists of this Order Agreement and the following appendices: Appendix 1 – the Terms , and Appendix 2 – the DPA . 1.4. In the event of a conflict between this Order Agreement and the appendices, the terms set out in the Order Agreement shall apply, except for what is stated regarding the processing of personal data, where the DPA shall take precedence. 2. Pricing and Payment 2.1. The Customer shall pay the prices that are stated on the point-of-sale, for example on the Supplier’s website, when the parties enter into the Subscription Agreement. 2.2. The prices agreed on in this Order Agreement apply at the time when the Order Agreement is concluded. Any prices are stated excluding value-added tax. 3. Term and Termination This Order Agreement becomes effective when the Customer has signed up to use the Service at (i) a third-party platform such as Atlassian or (ii) at the Supplier’s website, and this has been confirmed by the Supplier. The Order Agreement remains valid until terminated by either party according to the Terms. APPENDIX 1 The Supplier's General Terms and Conditions - Cloud Subscription Products 1. Background 1.1. These general terms and conditions (the “Terms ”) describes the legal terms and conditions that apply when the Customer subscribes to the Supplier’s Service. 1.2. The Customer is a company or organization and the individual representing the Customer warrants that he or she has authority to enter into a Subscription Agreement with the Supplier. 1.3. When entering into the Subscription Agreement, the Customer confirms that it is not listed on any official terrorist list or associated with any country or organization sanctioned by Sweden, the European Union, or the United States 2. The Service 2.1. The Supplier provides the Service to the Customer in accordance with the Subscription Agreement. 2.2. If the Customer purchased the Service at a third-party platform such as Atlassian, separate, additional terms may apply to the Customer’s use of such third party’s platform. The Supplier takes no responsibility for the Customer’s use of such third-party’s platform or any fault, damage or unavailability of the Service which is due to such third-party platform, regardless of whether such third-party takes responsibility according to its third-party terms. The Terms in this document apply only to the Customer’s use of the Service. 2.3. When the Customer purchases the Service, the Customer agrees to these Terms and is given a right to use the Service for the number of End-Users that has been agreed on in the Order Agreement and for the period for which the Subscription Agreement applies. The Customer can add more End-Users by placing additional orders. The Customer’s right to use the Service is non-exclusive, time-limited, and non-transferable and applies to the Customer’s own business, unless otherwise agreed in the Order Agreement. The right applies provided that the Customer fulfills its payment obligations and other obligations under the Subscription Agreement. 2.4. The Supplier is always trying to improve the Service and may from time to time make developments, additions and changes to the Service. 3. The Supplier's Obligations 3.1. The Supplier shall make the Service available as a SaaS service 3.2. The Supplier provides the Service according to the security practices stated on the website of the Supplier. 3.3. The Service is provided “as is”. The Service does not include any integrations to other systems or applications that the Customer may want to use together with the Service unless the parties have explicitly agreed otherwise in the Order Agreement. When integrations are included, the Supplier does not take responsibility for the continued functionality of such integrations if a third-party provider changes its service. 3.4. The Service shall be considered to have been made available when the Supplier has made it accessible to the Customer through the internet, e.g., by making it accessible for implementation. 4. Availability and Support 4.1. The Supplier’s intention is that the Service shall be fully available. 4.2. The Supplier may provide the Customer with online support services related to the Service at its discretion and for the sole purpose of addressing technical issues relating to the use of the Service. Any support is governed by the Supplier’s policies and programs described in any user manual, online documentation, and/or other materials provided by the Supplier. 4.3. Insignificant inconveniences shall not result in the Service being considered unavailable. In particular, the Service shall not be deemed unavailable when: a) the Supplier performs scheduled upgrades that affect the availability of the Service, of which the Customer has been informed no less then forty-eight (48) hours in advance; or b) the Service is down due to circumstances beyond the Supplier’s control, including, but not limited to, loss of network or communication, or due to third-party platforms such as Atlassian’s fault, disturbance, or lack of availability. 4.4. The Supplier shall rectify unavailability as soon as possible after becoming aware of such unavailability. The Supplier’s obligation to remedy the unavailability does not apply if the remedy would cause inconvenience and costs to the Supplier that are unreasonably large in relation to the significance of the unavailability for the Customer. 4.5. In the event the Service is unavailable or has an error which the Supplier deems critical for the functionality of the Service, the Customer’s sole and exclusive remedy shall, at the choice of the Supplier, be (i) either a refund of the monthly fee for using the Service, or (ii) a discount towards the cost of future purchases. Such remedy shall be calculated based on the month in which the error manifested itself and shall be in proportion to the effect for the Customer. The maximum remedy for a month shall be 50% of the price the Customer should have paid for the relevant time period. 5. The Customer's Obligations 5.1. Unless otherwise agreed, the Customer is responsible for the following : a) act of its employees, consultants or other persons appointed by the Customer to use the Service, in particular, the Customer shall make sure that the Customer’s End-Users do not share account access to individuals without authority to use the Service and take actions to avoid End-Users from sharing login credentials; b) not using the Service for competitive analysis or similar purposes; c) only use the Service for the number of End-Users or similar limitations that have been set out and agreed on when concluding the Order Agreement; d) keeping all passwords and login credentials confidential; e) to maintain any equipment and software required to use the Service, maintain the security of its IT-environment and to always use the Service in accordance with the Supplier’s Documentation; f) to provide the Supplier with information about the Customer and its use of the Service reasonably required by the Supplier to be able to provide the Service and make improvements, additions and changes to the Service, the Customer can be required to provide information about connection details and information about authorized user; g) notify the Supplier immediately at the Supplier’s support portal if the Service is unavailable; and h) to use the Service in accordance with all applicable laws, regulations and guidelines issued by a competent authority. 5.2. The Customer shall not use, copy, modify or give access to the Service to a greater extent than has been agreed on or is considered within the intended use of the Service. 5.3. The Supplier is not responsible for changes in the Service that occur because of the Customer’s actions. 5.4. If the Customer does not comply with the terms of the Subscription Agreement and does not rectify within ten (10) days of the Supplier notifying the Customer of the non-compliance, the Supplier is entitled to suspend the Service until rectification is made. The Supplier has the right to suspend the Customer immediately if the Customer’s actions impact on how the Service works. The Customer shall indemnify the Supplier for any costs or claims by a third-party based on the Customer’s use of the Service in violation of the terms of the Subscription Agreement. 6. Prices and Payment 6.1. The Customer shall pay the prices that the parties specifically have agreed on in the Order Agreement. 6.2. Unless otherwise explicitly agreed, the Supplier has the right to adjust prices at any time, such adjustments will take effect on the coming Subscription Term, i.e., when the Subscription Agreement is renewed. In addition, the Supplier may at any time adjust prices due to changes in regulations, taxes, fees, or similar circumstances beyond the Supplier’s control. 6.3. All fixed fees for the use of the Service shall be paid in advance. The first notification of payment is received together with the conclusion of the Order Agreement, if the Customer uses a Trial Period, the first notification of payment is received when the Trial Period ends, and the first Subscription Term starts. 6.4. Payment shall be made within thirty (30) days from the notification of payment was issued, unless otherwise agreed in writing. 6.5. If payment is late or incomplete, the Supplier is entitled to interest on overdue payment in accordance with the Swedish applicable interest act and a late payment charge and/or a debt collection fee according to applicable laws. 6.6. If full payment is not received by the Supplier and the Customer has not on reasonable grounds disputed the claim of payment, the Supplier has the right to (i) immediately suspend the use of the Service, and/or (ii) terminate the Subscription Agreement in accordance with section 8.3. 7. Trial Period and Early Access 7.1. If the Customer registers to use the Service for a free Trial Period, these Terms shall apply, in applicable parts, during the Trial Period. Sections that by their nature are not applicable during the Trial Period shall be inapplicable during such period, including but not limited to sections 4.1, 6, 8, 13.3, 13.4, 13.5, and 13.7. 7.2. When the Supplier offers a Trial Period or Early Access, the Supplier’s obligation is limited to providing the Customer with access to use the Service. Thus, the Supplier has no responsibility for the Service functioning in a certain way, or responsibility for providing the Customer with support or remedying any unavailability. However, the Supplier will usually make sure that the Service works as intended. The Supplier is neither liable for any direct or indirect damages due to the Customer’s use of the Service. 7.3. The term of the Subscription Agreement for the Customer’s Trial Period is stated when the Customer starts to use the Trial Period. When the term of the Trial Period has expired, the Customer may choose to continue using the Service and then pay for it in accordance with what is stated in the Terms. When the Trial Period has ended, the Customer will no longer have access to the Customer Data in the Service. 7.4. The Customer does not have the right to use more than one free Trial Period unless explicitly allowed by the licensing platform or the Supplier. The Customer shall reimburse the Supplier for any unallowed continued use of the Service during an additional Trial Period. Such reimbursement shall be coherent with the Supplier’s highest prices for the Service at that point in time. 7.5. The parties may at any time choose to end the Trial Period and the Customer will in that case no longer have access to the Service. The parties may as well at any time choose to end the Early Access and the Customer shall in such case have access to the Service without the Early Access features. 8. Term and Termination 8.1. The Subscription Agreement is provided for the Subscription Term. 8.2. If the parties have not agreed otherwise, the Subscription Agreement shall enter into force when the Order Agreement has been concluded (for example when the Customer has signed up to using the Service at the Supplier’s website and this has been confirmed by the Supplier). The Subscription Agreement is automatically renewed for an additional Subscription Term, unless otherwise agreed upon. 8.3. Either party can terminate the Subscription Agreement at any time. Such termination shall take effect immediately if termination is made by the Customer and shall take effect thirty (30) days after the termination if the termination is made by the Supplier. 8.4. The Supplier has the right to terminate the Subscription Agreement with immediate effect if: a) the Customer has committed a material breach of the Subscription Agreement and does not take full correction of such breach within thirty (30) days of the other party giving written notice thereof; or b) the Customer is declared bankrupt, enters into liquidation, cancels its payments, or can otherwise reasonably be assumed to have become insolvent. 8.5. When the Subscription Agreement has been terminated, the Customer shall immediately cease to use the Service and both parties shall return or delete such information that is covered by confidentiality in accordance with section 11, including Documentation. Unless the Customer explicitly asks for the Customer Data to be deleted immediately, any Customer Data that exists is stored for up to thirty (30) days after the Subscription Agreement has been terminated in case the Customer wants to reactivate the Subscription Agreement. The Supplier’s responsibility to delete Customer Data is limited to the Customer Data which the Supplier continues to have access to. 8.6. The Customer can in some cases be able to download the Customer Data prior to ending the Subscription Agreement. The Customer must reimburse the Supplier for the reasonable costs the Supplier has for aiding with the return. 9. Amendments 9.1. The Supplier may at any time make changes to the Subscription Agreement or the Service that do not impair the Subscription Agreement or the Service by giving the Customer thirty (30) days prior written notice. 9.2. If provisions of the GDPR change or if a supervisory authority issues guidelines, decisions, or regulations regarding the application of the GDPR during the term of the DPA, with the result that the DPA does not meet the requirements for a data processing agreement, the parties shall change the DPA to meet the requirements. 9.3. The Supplier may at any time make changes to the Subscription Agreement, other than according to sections 9.1 and 9.2, by giving the Customer a three (3) month’s prior written notice. The Customer may terminate the Subscription Agreement if the Customer has a reasonable explanation for not accepting the new Subscription Agreement by giving notice at latest one (1) month before the new Subscription Agreement will come into force. In such case, the Supplier shall pay back the amounts corresponding to the period the Customer has not been able to use the Service. The Customer may not terminate the Subscription Agreement if the grounds for a significant change to the Subscription Agreement is due to changes in law, constitution, by authority decision, or changes in other circumstances outside of the Supplier’s control. The Customer has the right to terminate the Subscription Agreement with immediate effect if such change entails a significant inconvenience for the Customer. 10. Personal Data 10.1. Within the scope of fulfilling the obligations under the Subscription Agreement, the Supplier will process personal data on behalf of the Customer. Within the scope of such processing, the Customer is the controller for personal data and the Supplier is the processor. For this purpose, the parties have entered into a DPA (Appendix 2). 10.2. The Supplier may gather and in other ways process personal data as data controller in order to improve the Service, including to develop and improve AI functionality within the Service. 11. Confidentiality 11.1. Both parties hereby agree not to, without the other party’s prior written approval, publish or otherwise disclose to third parties any information relating to the other party’s business which is or can be reasonably presumed to be confidential, with the exemption for: a) information that is or becomes publicly known, except through a breach of this Subscription Agreement by the receiving party; b) information from third-party that is public to the receiving party without obligation of confidentiality; c) information that was known to the receiving party prior to receipt from the disclosing party, without obligation of confidentiality; or d) the disclosure or use of information is required by law, regulations or any other regulatory body. In the event of such disclosure, the disclosing party shall, if possible, notify the other party before such disclosure takes place. 11.2. Specifically, the Supplier shall keep any Customer Data secret and ensure that employees only have access to the Customer Data if it is necessary to perform the Services, e.g., support- and maintenance (“need to know basis”). 11.3. Information that a party has stated as confidential shall always be regarded as confidential information. 11.4. Each party is responsible for compliance with this confidentiality undertaking by its respective subcontractors, consultants, and employees. The confidentiality undertaking under this section applies during the term of the Subscription Agreement and for a period of three (3) years after the Subscription Agreement has expired. The confidentiality undertaking for Customer Data applies for an indefinite period of time. 12. Publicity and Marketing 12.1. Unless the Customer has objected according to section 12.2, the Supplier may publicly state that the Customer is a customer of the Supplier. The Customer grants the Supplier the right to include the Customer’s name, trademark, logo, or similar identifying material in a listing of customers on the Supplier’s website and/or promotional material in relation to the Service. 12.2. The Customer may, via the Supplier’s support portal, ask the Supplier not to include information about the Customer in any publicly available material. Such a request can be made at any time, even before the Supplier has published information according to section 12.1. After a request from the Customer, the Supplier shall stop including information about the Customer in any publicly available material within thirty (30) days and as far as possible delete any already publicized information about the Customer. 13. Intellectual Property Rights 13.1. The Supplier or its licensors hold all rights, including intellectual property rights, to the Service and the Documentation (including, without limitation to, such development or improvements specifically performed on behalf of the Customer) including software and source code. Nothing in the Subscription Agreement shall be construed as a transfer of such rights, or any part thereof, to the Customer. For the avoidance of doubt, the Customer has no right to use, copy or develop, in any way, the intellectual property rights of 55 Degrees or its licensors, in or related to the Service and the Documentation, such as but not limited to, reverse engineer or decompile software and source code should Customer gain access to such. 13.2. The Supplier makes no warranties that any AI generated content will not infringe upon any intellectual property rights or other rights of third parties. 13.3. If it comes to the Supplier’s knowledge or is finally settled that the Customer’s use of the Service in accordance with this Subscription Agreement, infringes a third-party’s intellectual property rights, the Supplier may choose to either: a) ensure the Customer a continued right to use the Service; b) change the Service so that infringement no longer exists; c) replace the Service, or any part thereof, with any other non-infringing equivalent service; or d) terminate or temporarily cease to provide the Service and, after deducting the Customer’s reasonable benefit, repay the Customer’s fee that has already been paid for the Service and which relates to time when the Customer is not able to use the Service, without interest. 13.4. Should the Customer be aware of any infringement claims directed towards the Customer related to the Customer’s use of the Service, the Customer shall immediately inform the Supplier. 13.5. The Supplier has the right to freely use the know-how, professional knowledge, experience, and skills that the Supplier acquires through or in connection with providing the Service. 13.6. The Supplier’s obligations under this section 13 are conditional upon the Customer’s use of the Service exclusively in accordance with the terms of the Subscription Agreement and the Customer fulfilling section 13.4. 13.7. This section 13 constitutes the Supplier’s total liability towards the Customer for any claims related to intellectual property rights. 13.8. The Customer has all rights, including intellectual property rights, to the Customer Data. During the term of the Subscription Agreement, the Supplier may use the Customer Data and data related to the Customer’s use of the Service (personal data excluded) in order to provide the Service to the Customers successfully. 14. Limitation of Liability 14.1. The Supplier’s responsibility for the provision of the Service is limited in accordance with what is stated in these Terms. 14.2. The Supplier is – with the limitations set out below – liable towards the Customer for damages caused due to the Supplier’s negligence. However, the Supplier is not liable for damages caused by third-party platforms as Atlassian, including any fault, disturbance or unavailability caused by such third-party platform, or any integrations to other systems or applications that the Customer may want to use the Service together with, or modifications or changes to the Service made according to the Customer’s instructions or performed by anyone other than the Supplier (including but not limited to the Customer and Customer’s suppliers). 14.3. The Service is provided on an “as-is” basis without any express or implicit promises or guarantees. The Supplier shall not be responsible for any decisions made by the Customer based on the use of any integrated AI-functionality in the Service, nor for any outcomes or results derived from the use of any AI-functionality in the Service, including any user-generated content. 14.4. Notwithstanding the above, the Supplier shall under no circumstance be liable for indirect damages (Sw. indirekt skada), including damages caused by loss of profit, revenue, anticipated savings or goodwill, loss of information or Customer Data, loss due to operational, business, power or network interruptions, loss due to modifications of the Service made in accordance with the Customer’s instructions or performed by anyone other than the Supplier, as well as any claims due to the Customer’s possible liability to third parties; without prejudice to section 13.3. The Supplier is neither liable for any claims deriving from the Customer’s relationship with any third-party platform such as Atlassian where the Service was purchased or integrated with. 14.5. The Supplier’s total and aggregate liability under the Subscription Agreement regardless of the number of incidents, is limited to the amount paid by the Customer according to the Subscription Agreement during the twelve (12) months prior to the time the damage occurred. 14.6. The Customer shall, in order not to lose its right, submit a claim for compensation in writing no later than ninety (90) days after the Customer noticed, or should have noticed, the actual damage or loss, however in no case later than six (6) months from when the loss arose. 14.7. In case of a claim from a third-party, the party responsible for such claim shall indemnify and hold the other party harmless. 15. Force Majeure 15.1. Each party shall be relieved from liability for damages for a failure to perform any obligation under the Subscription Agreement to the extent that the due performance is prevented by reason of any circumstance beyond the control of the party. Such as internet limitation or slow connection, power outages, network intrusion, lawsuits, pandemics, labor disputes, loss of communications, mobilization or large-scale military recruits, ordinances, rationing of fuel, goods or energy, and defects and delays in deliveries from subcontractors caused by any party outside the party’s control provided that the other party is notified immediately. 15.2. The parties have the right to terminate the Subscription Agreement immediately if force majeure continues or will obviously continue for more than sixty (60) days. 16. Miscellaneous 16.1. The Supplier is entitled to assign subcontractors to accomplish its obligations under the Subscription Agreement. The Supplier is liable for the work of the subcontractors as well as its own. 16.2. The primary means of communication between the parties concerning the Service shall be the support portal . 16.3. The content of the Subscription Agreement and its appendices shall supersede all previous written or oral commitments and undertakings. 16.4. The documents described in the definition of the Subscription Agreement shall have mutual priority in the following order: (i) the Order Agreement, (ii) the Terms and (iii) any annexes. Any annexes shall have priority over each other in accordance with the order set out in the Order Agreement. 16.5. The Subscription Agreement may not be transferred to a third-party without the other party’s prior written consent. However, the parties are allowed to transfer the Subscription Agreement to companies within the same corporate group and in a situation of transferring the Supplier’s operation or a part thereof, the Supplier is admissible to transfer the Subscription Agreement to a third-party. 16.6. The failure of a party to exercise any right under the Subscription Agreement or the failure to point out any particular condition attributable to the Subscription Agreement shall not constitute a waiver by a party of such right. 16.7. The following sections apply even after the termination of the Subscription Agreement: 8 (Term and termination), 11 (Confidentiality), 13 (Intellectual Property Rights), 14 (Limitation of Liability), and 17 (Governing Law and Disputes). 17. Governing Law and Disputes 17.1. The Subscription Agreement shall be governed by and construed in accordance with the laws of Sweden. 17.2. Any dispute arising out of or in connection with the Subscription Agreement shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”). 17.3. The Rules for Expedited Arbitrations shall apply, unless the SCC Institute, considering the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. 17.4. The place of arbitration shall be Malmö. The language of the proceedings shall be Swedish and Swedish law shall apply to the dispute. Regardless of what has just been said, the Supplier shall always have the right to apply for an injunction to payment or bring an action regarding non-payment in a general court. Definitions ”Customer” means the company specified in the Order Agreement as a customer or the person who otherwise agrees with the Supplier to use the Service. ”Customer Data” means any data that is provided to the Supplier by or on behalf of the Customer through the use of the Service. ”Documentation” any instruction or other documentation that the Supplier provides to the Customer at any time. “DPA” means the data processing agreement concluded between the parties. “End-Users” means the individual who uses the Service as part of the Customer’s Subscription Agreement. “Early Access” means a time limited period for which the parties have agreed that the Customer shall test new features or a beta version of the Service. The version of the Service used during Early Access is under ongoing development by the Supplier and therefore not complete or equivalent to the Service. “Order Agreement” means the contract between the Customer and the Supplier that includes Customer details and specific terms in relation to the Customer’s purchase of the Service or Subscription Agreement to use the Service. The Order Agreement may be constituted by a document signed by the Customer, an offer accepted by the Customer, an e-mail or a web form at the Supplier’s website where the Customer has provided its credentials and signed up to use the Service. “Service” means the products or services provided to the Customer according to the Subscription Agreement. “Subscription Term” means the term agreed upon in the Order Agreement. ”Subscription Agreement” means the contractual agreement between the parties no matter in what form, including the Order Agreement, these Terms, the DPA and any appendices mentioned in the Order Agreement, in the Terms or in the DPA. “Supplier” means the company providing the Service which the Customer has concluded the Subscription Agreement with. “Trial Period” means a time limited period for which the parties have agreed that the Customer is entitled to use the Service for the sole purpose of evaluation prior to purchase. Data Processing Agreement APPENDIX 2 Effective July 5, 2023 1. Background and Interpretation 1.1. The Supplier will upon performance of the Subscription Agreement when providing its Service process personal data on behalf of the Customer, in the capacity of the Customer’s processor. The Supplier will process personal data for which the Customer is the controller. 1.2. This Data Processing Agreement (the "DPA ") forms an integral part of the Subscription Agreement. The purpose of this DPA is to ensure a secure, correct and legal processing of personal data and to comply with applicable requirements for data processing agreements as well as to ensure adequate protection for the personal data processed within the scope of the Subscription Agreement. 1.3. Any terms used in this DPA, e.g. processing, personal data, data subjects, supervisory authority, etc., shall primarily have the meaning as stated in the European Parliament and the Council Regulation (EU) 2016/679 (the "GDPR ") and otherwise in accordance with the Subscription Agreement, unless otherwise clearly indicated by the circumstances. 1.4. In light of the above, the parties have agreed as follows: 2. Instructions and Responsibilities 2.1. The type of personal data and categories of data subjects processed by the Supplier under this DPA and the purpose, nature, duration, and objects of this processing, are described in the instructions on processing of personal data in Appendix 2A or the written instructions that the Customer provides from time to time. The Supplier shall not process additional categories of personal data or personal data in relation to other data subjects than those specified in Appendix 2A. 2.2. The Customer is responsible for complying with the GDPR. The Customer shall in particular: a) be a contact person towards data subjects and i.e. respond to their inquiries regarding the processing of personal data; b) ensure the lawfulness of the processing of personal data, provide information to data subjects pursuant to Articles 12-14 in the GDPR and maintain a record of processing activities under its responsibility; c) provide the Supplier with documented instructions for the Supplier’ processing of personal data, including instructions regarding the subject-matter, duration, nature and purpose of the processing as well as the type of personal data and categories of data subjects; d) immediately inform the Supplier of changes that affect the Supplier’s obligations under this DPA; e) immediately inform the Supplier if a third-party takes action or lodges a claim against the Customer as a result of the Supplier’s processing under this DPA; and f) immediately inform the Supplier if anyone else is a joint controller with the Customer of the relevant personal data. 2.3. When processing personal data, the Supplier shall: a) only process personal data in accordance with the Customer’s documented instructions, which at the time of the parties entering into this DPA are set out in Appendix 2A ; b) ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; c) maintain an adequate level of security for the personal data by implementing all technical and organizational measures set out in Article 32 of the GDPR in the manner set out in section 3 below; d) respect the conditions referred to in paragraphs 2 and 4 of Article 28 of the GDPR for engaging a sub-processor; e) taking into account the nature of the processing, assist the Customer by appropriate technical and organizational measures, insofar as it is possible, for the fulfilment of the Customer’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR; f) assist the Customer in ensuring compliance with the obligations pursuant to Articles 32-36 of the GDPR, taking into account the nature of the processing and the information available to the Supplier; g) at the choice of the Customer, delete or return all the personal data to the Customer after the end of the Subscription Agreement, and delete existing copies, unless EU law or applicable national law of an EU Member State requires storage of the personal data; and h) make available to the Customer all information necessary to demonstrate compliance with the obligations laid down in Article 28 in the GDPR and this DPA and allow for and contribute to audits, including inspections, conducted by the Customer or another auditor agreed upon by the parties. 2.4. The Supplier shall notify the Customer without undue delay, if, in the Supplier’s opinion, an instruction infringes the GDPR. In addition, the Supplier is to immediately inform the Customer of any changes affecting the Supplier’s obligations pursuant to this DPA. 3. Security 3.1. The Supplier shall implement technical and organisational security measures in order to protect the personal data against destruction, alteration, unauthorised disclosure and unauthorised access. The measures shall ensure a level of security that is appropriate considering the state of the art, the costs of implementation, the nature, scope, context and purpose of the processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons. The Supplier may amend its technical and organisational measures. 3.2. The Supplier shall notify the Customer of accidental or unauthorised access to personal data or any other personal data breach without undue delay after becoming aware of such data breach and pursuant to Article 33 of the GDPR. Such notification shall not in any manner imply that the Supplier has committed any wrongful act or omission, or that the Supplier shall become liable for the personal data breach. 3.3. If the Customer during the term of this DPA requires that the Supplier takes additional security measures, the Supplier shall as far as possible meet such requirements provided that the Customer pays and takes responsibility for any and all costs associated with such additional measures. 4. Sub-processors and Transfers to Third Countries 4.1. The Customer hereby grants the Supplier with a general authorization to engage sub-processors. Sub-processors are listed in the list of sub-contractors in Appendix 2B . The Supplier shall enter into a data processing agreement with each sub-processor, according to which, the same data protection obligations as set out in this DPA, are imposed upon the sub-processor. 4.2. The Supplier shall inform the Customer of any intended changes concerning the addition or replacement of sub-processors, thereby giving the Customer the opportunity to object to such changes. Such objection shall be made in writing and within thirty (30) calendar days after the Supplier has informed the Customer about the intended changes. If the Customer objects to the Supplier engaging a sub-processor and the parties cannot agree, within reasonable time, on the new sub-processor’s engagement in the processing of personal data, the Supplier can terminate the Subscription Agreement. 4.3. If the Supplier and/or sub-processors transfers personal data outside the EU/EEA, such transfer shall always comply with the applicable data protection requirements according to the GDPR and related data protection legislation. The Supplier shall keep the Customer informed about the legal grounds for the transfer. 4.4. The Customer is aware that, if they use the Service within a host product, the vendor of the host product (e.g. Atlassian or Microsoft) from time to time may update or change its data processing agreement, including but not limited to its list of used sub-processors or regarding transfers to third countries. The Customer acknowledges that the Supplier cannot control or impact any such update or change and that a change to such third party's data processing agreement, including any addition or change of a sub-processor, may be effective immediately. The Customer understands that it therefore will be practically impossible for the Customer to successfully object to such changes or updates and still continue to use the Service. 5. Compensation and Limitation of Liability 5.1. The Supplier is not entitled to any additional compensation for the processing of personal data in accordance with this DPA, instead the compensation provided pursuant to the Subscription Agreement also encompasses the measures in this DPA. 5.2. Each party shall be responsible for any damages and administrative fines imposed to it under articles 82 and/or 83 of the GDPR. 5.3. Notwithstanding any limitation of liability in the Subscription Agreement, each party’s liability under this DPA shall be limited to direct damages. In addition, the Supplier’s liability shall be limited to an amount corresponding to the fees paid by the Customer to the Supplier under the Subscription Agreement for a period of six (6) months before the damage occurred. 6. Term and Termination 6.1. This DPA becomes effective when the Subscription Agreement has been entered into. 6.2. Upon termination of the Subscription Agreement, the Supplier shall at the choice of the Customer, delete all the personal data or return it to the Customer, and ensure that each sub-processor does the same. 6.3. This DPA remains in force as long as the Supplier processes personal data on behalf of the Customer, including deletion or returning of personal data according to section 6.2 above. This DPA shall thereafter cease to apply. Sections 5 and 6.2 shall continue to apply even after this DPA has been terminated. APPENDIX 2A Instructions on Processing of Personal Data Purposes The Supplier processes personal data in order to fulfil the Subscription Agreement. This means that the Supplier processes personal data for the following purposes: Enabling subscription management, Provide the Service to End-Users, Provide products features of the Service to End-Users, Authenticate and authorize End-Users, and Handle customer support cases. Categories of personal data Categories of personal data that will be processed by the Supplier include: Name, E-mail address, Unique identifier of the device using the Service, and Information about how the Service is used, and Pseudonymized End-User data, such as ID. Categories of data subjects End-Users. Retention time Personal data gathered for the purposes of end user authentication and authorization or for providing the service and its features to End-Users will be kept for the duration of this Agreement and up to 90 days afterward to ensure smooth restoration of data if you return as a customer. Personal data gathered for the purpose of handling support cases is kept while the support matter is resolved and for up to 12 months thereafter. The retention of this data allows us to provide you with a history of reported issues from your account. Please note that we aim to delete sensitive attachments such as HAR files within three months of the closure of the support request. Requests from the Customer to delete specific End-User data early will be carried out whenever it is possible to do so without disrupting the ongoing provision of services to the Customer. Processing operations The Supplier process the personal data of End-Users in the following ways. All products: To provide information about End-User subscription utilization. To technically enable the Service to be used by End-Users. To enable product features, such as enabling sharing of protected content, including to develop and improve AI functionality in the Service. To provide customer support when the Customers open a support request via e-mail or via the Supplier’s support portal. ActionableAgile Analytics (SaaS): To authenticate and authorize users for the application. To identify active entitlement to support ActionableAgile for Azure DevOps: To authorize End-Users for the application. To identify active entitlement to support. Information Security Measures Security Practices Application-specific Data Security and Privacy Statements Security Advisories and related policy APPENDIX 2B Sub-Processors The tables below list sub-processors used by the Supplier for the specific purposes listed in this DPA. Specific information about what data is processed for these purposes and a full list of the Supplier’s sub-processors used for various purposes are described on the Supplier’s support portal. General sub-processors Name Purpose Location of processing Atlassian Corporation Plc (Jira Service Management) DPA | International Data Transfers The Customer and End-User support management service provider Europe.* * Customer Account data (name, email address) is stored across the Global AWS Regions. Read more RefinedWiki (Refined) DPA upon request Authentication and Request Management for our Customer support portal Europe Additional product-specific sub-processors ActionableAgile Analytics (analytics.actionableagile.com) Name Purpose Location of processing Amazon AWS DPA | Supplementary Addendum | UK Addendum Storage for configurations required for operation of applications or features; Handling data regarding subscription utilization by End-Users Europe (Stockholm) Google (Firebase) DPA Authentication and License authorization Europe ActionableAgile for Azure DevOps Name Purpose Location of Processing Amazon AWS DPA | Supplementary Addendum | UK Addendum License authorization; Storage for configurations required for operation of applications or features; Handling data regarding subscription utilization by End-Users Europe (Stockholm) Google (Firebase) DPA License authorization (data storage) Europe ActionableAgile for Jira Cloud Name Purpose Location of processing Amazon AWS DPA | Supplementary Addendum | UK Addendum Storage for configurations required for operation of applications or features Europe (Stockholm), Additional options for qualifying customers : - USA (Virginia) - Australia (Sydney) Klar for Jira Cloud Name Purpose Location of processing Atlassian Corporation Plc (Forge Platform) DPA | International Data Transfers Hosting Platform used for Customer Data Storage; Handling data regarding subscription utilization by End-Users USA Portfolio Forecaster for Jira Cloud Name Purpose Location of processing Amazon AWS DPA | Supplementary Addendum | UK Addendum Storage for configurations required for operation of applications or features; Handling data regarding subscription utilization by End-Users Europe (Stockholm) Terms Definitions Subprocessors DPA Instructions

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    Improve Flow. Be Predictable. Understand how work really moves through your process so you can ask the right questions, drive meaningful improvement, and accurately forecast outcomes in uncertain situations. Try it for free Overview Pricing Roadmap FAQ Product Roadmap Learn about what we’re working on, check out what's planned and under consideration, and give feedback. Don't see what you are looking for? Submit your idea!

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