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Wavedata Shortages Subscription Services Client Terms and Conditions (these “Terms and Conditions”)
In this Agreement:
these Terms and Conditions (as updated by Wavedata Shortages in accordance with its terms) together with the relevant Subscription Form;
any day other than (i) a Saturday, (ii) a Sunday or (iii) a day when the clearing banks are not physically open for business in the City of London, England;
the client which agrees with Wavedata Shortages to receive the Service, as identified on the Subscription Form;
any data about the Client (and/or its employees and officers who are permitted access to the Service pursuant to this Agreement) obtained by Wavedata Shortages, including related to the use of and access to the Service;
the date on which the Client registers for the Service through submission of the Subscription Form to Wavedata Shortages;
any information in any form or medium obtained by or on behalf of one Party from or on behalf of the other Party in connection with this Agreement which is expressly marked as confidential or which a reasonable person would reasonably consider to be confidential, whether disclosed or obtained before, on or after the date of this Agreement together with any reproductions of such information or any part of this information (and Wavedata Shortages’ “Confidential Information” shall include the Content);
any information and materials (including works of authorship, files, processes, systems, ideas, know-how, concepts, methodologies, flowcharts, manuals, data, databases, database structures, content, descriptions, documents, notes, records, results, reports, text, research, lists, diagrams, artwork, designs, sketches, models, photographs, drawings, plans, specifications, images, logos, styles, graphics, names, devices, domain names and marks (in whatever form and on whatever media)) provided by Wavedata Shortages from time to time as part of the Service, and which may include Third Party Input;
“Data Protection Laws”
all applicable data protection laws in relation to this Agreement, including the General Data Protection Regulation EU 2016/679 (“GDPR“) and any national laws or regulations constituting a supplement, replacement or successor data protection regime to that governed by GDPR (including the UK’s Data Protection Act 2018);
“Data Protection Particulars”
the particulars describing Wavedata Shortages’ processing of Client Data under or pursuant to this Agreement, as set out in Schedule 1;
the subscription fee payable by the Client to access the Service during a Subscription Period as may be initially set out in the Subscription Form, a Client’s Subscription Account and/or the Website, or as updated by Wavedata Shortages from time to time, together with any other sums due to Wavedata Shortages under this Agreement;
“Free Trial Period”
the time period specified by Wavedata Shortages from time to time in which the Client may access the Service without charge subject to the terms and conditions of this Agreement;
“Intellectual Property Rights”
copyright and related rights, trade marks and service marks, trade names and domain names, rights under licences, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, patents, rights to inventions, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
has the meaning given to it in Clause 9.9.1;
Wavedata Shortages or the Client;
the service under which Wavedata Shortages provides access to the Content to its clients through a variety of online subscription choices, as updated from time to time and specified on the Website;
an online account which is created by Wavedata Shortages for each Client on receipt of a Subscription Form and which provides the Client with access to the Service and Content;
the online registration form as stipulated on the Website which describes Wavedata Shortages’ client;
the subscription period of 28 days (or such other period) commencing on the Commencement Date or on the expiry of the previous subscription period;
“Third Party Input”
any input or information originating from a third party (such as a wholesaler or pharmacy);
WaveData Limited trading as Wavedata Shortages, a company registered in England and Wales under registration number 03998025 with registered office at 146 New London Road, Chelmsford, England CM2 0AW;
Wavedata Shortages’ website at https://shortage.wavedata.net; and
a period of 12 months commencing on the Commencement Date, or each subsequent period of 12 months commencing on an anniversary of the Commencement Date.
Version: 001. April 2019
Data Protection Particulars
A. Subject Matter of Data Protection
A.1. To provide the Client with access to the Service and Content in an accessible online format.
B. Duration of Data Protection
B.1. Client Data is Processed during the Subscription Period and for up to 2 years afterwards, unless the Client requires Wavedata Shortages to remove access to it beforehand.
C. Nature and purpose of the Processing
C.1. To provide the Client with access to the Service and Content in an accessible online format.
D. Type of Personal Data
D.1. The Client’s name, username, password, email address, telephone number, searches run by the Client using the Content, IP address, cookie data, login times and Client’s historic search reports.
E. Categories of Data Subjects
E.1. Client i.e. employees or authorised representatives of the Client.
F. Obligations and rights of Data Controller
F.1. As set out in this Agreement.
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