...

...

...

...

Cloud Software Product EULA

END-USER LICENSE AGREEMENT FOR THE PLUGIN PEOPLE CLOUD SOFTWARE PRODUCTS/SERVICES. IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: The Plugin People Ltd's End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and The Plugin People Ltd. for the The Plugin People Ltd software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and The Plugin People Ltd, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

...

The SOFTWARE PRODUCT is licensed as follows:

(a) Installation and Use

The Plugin People Ltd grants you the non-exclusive and non-transferable right to install and use one copy of the SOFTWARE PRODUCT on one Production instance of a host Atlassian product.

2. Description of other rights and limitations

...

We may identify you as an Atlassian customer in our promotional materials. You may request that we stop doing so by submitting an email to sales@thepluginpeople.com at any time. Please note that it may take us up to 30 days to process your request.

...

(d) Without prejudice to the generality of clause 10(a), The Plugin People Ltd shall, in relation to any Personal Data processed in connection with the performance by it of its obligations under this agreement:

(i) process that Personal Data only on your instructions given in accordance with your use of the SOFTWARE PRODUCT unless The Plugin People Ltd are required by Applicable Laws to otherwise process that Personal Data. Where The Plugin People Ltd are relying on Applicable Laws as the basis for processing Personal Data, The Plugin People Ltd shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit The Plugin People Ltd from so notifying you;

(ii) The Plugin People Ltd shall, subject to clause 10(g) below, ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

(iii) The Plugin People Ltd will ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;

(iv) The Plugin People Ltd will, so far is it is reasonably practicable to do so, assist you, at your cost, in responding to any request from a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

(v) The Plugin People Ltd will notify you without undue delay on becoming aware of a Personal Data Breach;

(vi) at the written direction of you, The Plugin People Ltd will delete or return Personal Data and copies thereof to you on termination of the agreement unless required by Applicable Law to store the Personal Data; and

(vii) The Plugin People Ltd will maintain complete and accurate records and information to demonstrate its compliance with this clause 10.

(e) You consent to The Plugin People Ltd appointing Atlassian, Google and Amazon Web Services as third-party processors of Personal Data under this agreement. The Plugin People Ltd confirm that it has entered into a written agreement substantially on that third party's standard terms of business. Amazon Web Services, Google and Atlassian, Inc. and their U.S. affiliates will process your Personal Data outside of the European Economic Area and each self-certify to and comply with the EU-U.S. Privacy Shield Frameworks.

(f) Other than to Atlassian, Amazon Web Services and Google, The Plugin People Ltd will not transfer any Personal Data outside of the European Economic Area unless your prior written consent has been obtained and the following conditions are fulfilled:

(i) you or The Plugin People Ltd have provided appropriate safeguards in relation to the transfer;

(ii) the data subject has enforceable rights and effective legal remedies;

(iii) The Plugin People Ltd complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and

(iv) The Plugin People Ltd complies with reasonable instructions notified to it in advance by you with respect to the processing of the Personal Data;

(g) You acknowledge that the SOFTWARE PRODUCT has not been developed to meet your individual requirements, and that it is your responsibility to determine how to use the SOFTWARE PRODUCT in accordance with all applicable requirements of the Data Protection Legislation and carry out your own assessment of whether the SOFTWARE PRODUCT provides the appropriate level of security required for the nature of the processing being carried out by you. The Plugin People Ltd’s security policy is set out [at appendix 1/here].

...

(i) The Plugin People Ltd will only use your personal information as set out in [LINK TO PRIVACY POLICY]. Privacy Policy

11. Other important terms

...

Where you have subscribed for the SOFTWARE PRODUCT on an period basis, The Plugin People Ltd reserves the right to amend this EULA from time to time with such changes being notified to you and coming into effect on each renewal of the EULA.

Schedule 1

Processing, Personal Data and Data Subjects

Processing by the Provider

...

The Personal Data transferred concern the following categories of data:

• Direct identifying information (e.g., name, email address, telephone).

• Indirect identifying information (e.g., job title, gender, date of birth).

• Device identification data and traffic data (e.g., IP addresses, MAC addresses, web logs).

• Any personal data supplied by users of the SOFTWARE PRODUCT.

Categories of Data Subject

The Personal Data concerns end users of the SOFTWARE PRODUCT, in addition to individuals whose personal data is supplied by end users of the SOFTWARE PRODUCT.

Changelog

...

Third party sub-processors

Changelog

• PARA 9 Added 18 JULY 2017

• PARA 10, 11 Added 29 JAN 2019

• Added sub-processors list