“Addendum” means this Addendum.
“Agreement” means any agreement, promise, representation, understanding and/or contract executed as a deed, including for the avoidance of doubt, the Terms of Use.
“Customer Personal Data” Personal Data which is processed by SmartSurvey (as Data Processor) on Your behalf (You being the Data Controller).
“Data Controller” shall have the same meaning as that of the applicable Data Protection Laws.
“Data Processor” shall have the same meaning as that of the applicable Data Protection Laws.
“Data Protection Laws” means all data protection legislation applicable to the processing of Customer Personal Data, including the UK GDPR and all future applicable data protection legislation that will come into effect, when they come into effect.
“Feature” means the AI Survey Analysis Features of your SmartSurvey account.
“OpenAI” means Microsoft Azure OpenAI Service, used as part of the Feature. Details of which can be found on the Microsoft website: https://azure.microsoft.com/en-gb/products/ai-services/openai-service.
“Personal Data” shall have the same meaning as that of the applicable Data Protection Laws.
“Subprocessors” means the subprocessors identified in Annex 1 to this Addendum.
“Terms of Use” means SmartSurvey’s Terms of Use which can be found on the following page: https://www.smartsurvey.co.uk/company/terms-of-use
“UK GDPR” shall have the same meaning as that defined in section 3 of the Data Protection Act 2018.
“You” means you as the individual Using the Service, or if using on behalf of an organisation then “You” shall be taken to mean that particular organisation.
“Your” means belonging to or associated with You.
(1) This Addendum shall apply if You are using or have previously used the Feature of your SmartSurvey account.
(2) If there is any conflict between this Addendum and the Agreement, then the terms of this Addendum shall take precedence solely with respect to those specific amendments.
(3) You agree to the use of OpenAI and its processing of the Customer Personal Data. You further agree that SmartSurvey has no control over which Customer Personal Data You collect or otherwise process in Your SmartSurvey account. It is Your responsibility to conduct any assessment, due diligence or audit to ensure compliance with the Data Protection Laws, including without limitation, conducting a data privacy impact assessment (DPIA), AI risk assessment or otherwise investigate whether it is lawful to use OpenAI for the data processing operations You make using Your SmartSurvey account and the use of OpenAI.
(4) As part of the Feature, the Subprocessors shall be appointed.
(5) Customer Personal Data may be processed or transferred to countries outside the UK. In the event that SmartSurvey transfers any of the Customer Personal Data (either by itself or through the Subprocessors) to a country outside of the UK, which is not recognised by the UK Government to have an adequate level of protection in accordance with Data Protection Laws, then SmartSurvey will transfer subject only to an appropriate safeguard, including where necessary entering into the Standard Contractual Clause UK Addendum.
(6) SmartSurvey reserves the right to change the terms of this Addendum at anytime by providing You an in-app notification or by sending You an email.
(7) Except for the circumstances listed in clause 8 of this Addendum, SmartSurvey’s liability arising out of or in connection to the Agreement and this Addendum will not under any circumstances exceed 110% of the annual amount You have paid for the service SmartSurvey provides You as per the Agreement, for all claims in the aggregate against SmartSurvey.
(8) Nothing in the Agreement or this Addendum will exclude, limit or restrict either party’s liability for:
- death or personal injury resulting from its negligence;
- fraud or fraudulent misrepresentation; or,
- any other matter for which liability cannot be limited by applicable law.
Annex 1
- Microsoft
- Any subprocessor mentioned on the webpage: https://www.smartsurvey.co.uk/company/sub-processors
