4.1. Rights to Customer Data
- You will retain all right, title and interest in and to Customer Data (as defined below) in the form provided to WizyEMM. Subject to the terms of this EULA, you hereby grant WizyEMM a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and irrevocable licence to collect, use, copy, store, transmit and modify Customer Data to the extent necessary to: (i) provide the applicable Products to you; (ii) perform its obligations under this EULA; and (iii) allow WizyEMM to use aggregated and unidentifiable data regarding Product usage collectively derived from Customer Data for the purposes of: (A) providing comparative analysis of Product usage to WizyEMM’s other customers; (B) preparing articles, reports or research papers which may be made publicly available; and (C) developing and commercialising other products and services to WizyEMM’s customers.
You warrant that you have obtained all consents and made all necessary disclosures pursuant to applicable laws for the purpose of WizyEMM exercising the benefit of the licence granted to it under clause 4.1.
‘Customer Data’ means any of your data, content, code or other materials of any type that interacts with, may be accessible to, or is managed by the Product or otherwise, including personal information
4.2. Customer Data security and Privacy
- WizyEMM uses and implements market standard security practices to protect Customer Data it collects from authorised access or use. However, WizyEMM cannot guarantee that security practices will be error-free, that transmissions of Customer Data will always be secure or that unauthorised third parties will never gain access to Customer Data. Details of WizyEMM’s security practices are available at WizyEMMmay access identifiable Customer Data when WizyEMM is providing account support and also during system maintenance work.
- WizyEMM is compliant with the EU General Data Protection Regulation 2018 (GDPR)
4.3 Customer indemnity for Customer Data
- You indemnify WizyEMM from and against any loss, cost, liability or damage for which WizyEMM becomes liable arising from or relating to any claim relating to Customer Data, including but not limited to any claim brought by a third party alleging that Customer Data, or your use of the Products: (i) infringes or misappropriates the intellectual property rights of a third party; (ii) violates applicable law; or (iii) breaches the warranty in clause 4.1.
4.4 Authorised Use of Promotional Material
- You grant WizyEMM the right to use your company’s name and logo for promotional purposes; including, but not limited to, WizyEMM’s website, press releases, and in advertising and promotional material, unless indicated otherwise by written notice to WizyEMM.