APPLICATION: TERMS OF USE

Welcome to Serity. We are headquartered in the Republic of Ireland. We provide an online compliance benchmarking service. Serity is provided as a stand-alone service on serity.io. Serity is also distributed and resold under various different arrangements. The terms of use remain the same. We allow representatives of organisations, where organisations may be entities from sole traders through to larger corporations, to create accounts and we allow consultants to create accounts. Organisations on Serity use the platform to benchmark their compliance status. Consultants on Serity use the platform to benchmark the compliance status of their customers.

These Terms are governed by and construed in accordance with the law of the Republic of Ireland. The courts of the Republic of Ireland will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these Terms in this document. If any part of the Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other parts will continue in effect.

Serity provides the platform on an 'as is' and 'as on' basis'. When you create an account on Serity, you agree to conduct your account according to the purposes described in these terms, to the highest standard possible and not break any law while using the platform. We expect you to comply with laws such as intellectual property law, respecting ownership rights over information. We expect you to conduct yourself at all times in a manner that does not violate any criminal law. We will provide you with access to your account and a continuous and uninterrupted service as reasonably humanly and technologically possible. We will investigate any suspected or reported incidences and involve relevant authorities if we are obliged to do so by law.

Creating a user account on Serity is free. When you create a user account, we trust that you are not a minor and that you are an adult as it is not the aim of Serity to market to minors or allow minors to make use of the service. When your user account is created, we provide you with the functionality to buy compliance statements to benchmark your organisation and at that point you will make payment for the use of the service. Requests for refunds will be considered on a case-by-case basis in a manner consistent with governing Irish, EU and public international law. When you create an account as a consultant, we trust that you have the capacity to represent your customers. When you create an account as a consultant, we trust that you have the correct permissions or licences to use any information or material you upload or provide to Serity. When you create an account as a consultant, we trust that you either have a contract with your customers or that you have a genuine business interest in them.

Serity is no way responsible for you relying on information, product or service received through the platform or hyperlinked website or service. Serity has made every reasonable effort to ensure that information contained within this platform is accurate. However, no representation or warranty, expressed or implied, is given by Serity, its subcontractors or any of its advisers as to the accuracy or completeness of the contents of this platform or any information supplied, or which may be supplied during help and support activities.

This platform is for guidance purposes only. It does not constitute legal advice. Recommendations outlined on this platform or in any information supplied, or which may be supplied during help and support activities and future documents are construed according to accepted industry best practises. Serity is under no obligation to update this platform or correct any inaccuracies or omissions in it which may exist or become apparent.

Serity is independent of any consultants, manufacturers, distributors, dealers or vendors. Serity cannot be liable for the actions, opinions expressed by or work carried out by any such third parties, nor can Serity be liable for any issues that may arise if the proposed solutions are subsequently managed incorrectly.

To the maximum extent permitted by applicable law, Serity assumes no liability or responsibility related to your use or otherwise of the platform and you agree to limit any claims or otherwise to any single amount you may have paid to Serity in the transaction the claim is related to, or €100, whichever is greater.

These terms will apply to you for the length of time your account is active or not deleted. You will be provided with functionality to download your information from the platform before your account is made inaccessible to you/marked inactive or deleted. After your account is deleted, there will still be a relationship between you and Serity for certain standard business purposes such as Serity having to comply with certain statutory obligations.

You will be notified of any changes to these terms and conditions. You will be provided with a link to these terms by email at time of sign-up. Please download a copy to keep for your own records.

Serity does not in any way endorse the views or activities of or represent organisations that use the platform. Representatives of organisations, organisations and consultants are considered a third party to Serity in this regard. For accounts registered by consultants, when processing personal data of representatives of organisations or contacts within organisations, Serity acts as a data processor on behalf of consultants and consultants act as data controllers over the personal data of their customers on the platform and offline.


DATA PROCESSING AGREEMENT

When you create an account as a consultant, you act as a data controller and we act as a data processor on your behalf for the lifetime of your account. You instruct us to process personal data on your behalf in order that you may run a consulting benchmarking service using Serity. Your data subjects might include customers with whom you enjoy a contract or customers without a contract but in which you have a legitimate business interest. We allow very limited input of personal data of your data subjects onto the system and restrict this personal data to name, email addresses, telephone numbers and possibly postal or physical addresses. We do not allow you to process special category data or criminal conviction data through your business account and we will not process this data on your behalf. You warrant to us that personal data you upload onto Serity has been collected, processed and transferred in accordance with requirements under applicable data protection and privacy law.

  • You will be responsible for responding to enquiries from data subjects and the Data Protection Commission and we will give you our co-operation in this regard.
  • We will only process, and transfer internationally if necessary, personal data received from you once we have received your instructions which are given by accepting these terms, unless we are required by law to process personal data without these instructions.
  • We assure you that any person involved in processing this personal data is subject to a duty of confidentiality.
  • We assure you that we take all measures required pursuant to Article 32 GDPR (Security of Processing) including but not limited to implementing appropriate technical and organisational measures to protect personal data received from you.
  • You authorise us generally to make use of sub-processors declared in our Privacy Notice. You can object to each individual sub-processor appointed, but if you choose to object you acknowledge that we may no longer be able to continue to provide you with service.
  • We ensure that any sub-processors engaged by us are subject to the same data protection obligations as we are to you and that we remain directly liable to you for the performance of a sub-processor’s data protection obligations.
  • We will assist you by appropriate technical and organisational measures to respond to data subject rights’ requests under the GDPR;
  • We will assist you to ensure compliance with obligations under the GDPR in relation to security of data processing (Article 32 GDPR), notification of data breaches (Articles 33 and 34 GDPR) and data protection impact assessments (Article 35 and 36 GDPR).
  • We will delete or return the personal data received from you to you at the end of the data processing on your instruction, unless we are obliged under law to keep any of the data.
  • We will make available to you all information necessary to demonstrate compliance with Article 28 of the GDPR and we will reasonably allow for and contribute to audits conducted by you or a third party on your behalf.

By agreeing to these terms, you also warrant that you have read and understood our Privacy Policy and Notice.