Preamble
Please read this Content Storage and Retention Terms (hereinafter—Agreement) before you start using eWizard.
This Agreement governs the storage and deletion of different types of Content you may create and/or upload for further editing in eWizard. The Agreement is applicable to the extent the relevant relations are not regulated by the written master service agreement, purchase order, standard terms and conditions, or equivalent legal paper (hereinafter—Service agreement) between you or the company on whose behalf you are acting, and us.
This Agreement is concluded between you (the End User) and us. If you enter into this Agreement on behalf of your employer, or your client (and you have the legal authority to sign contracts on their behalf), then "you" refers to that entity. If not, then this agreement binds you personally.
By accessing and/or using eWizard, you confirm:
reading and accepting the terms and conditions above and below;
the terms bind you legally to us;
you have the legal capacity to contract.
If you don't accept these terms and conditions, do not access or otherwise use eWizard.
This Agreement is applicable to all versions of eWizard, including eWizard Classic and eWizard Up. If some functions in eWizard Classic differ from those in eWizard Up, the rules described herein are applicable by analogy.
Definitions
(a) "Available content" is the Content, which the End User can create, edit, download, and do any other action towards it. The Content is created and/or uploaded with the "Add new" option. The Content is located in "My library" and "Shared with me" spaces.
(b) "AWS S3" is a storage service used by us on a subcontracting basis to store the Content and other types of data to ensure the correct functionality of eWizard.
(c) "Content" means all digital materials (interactive HTML5 presentations, email templates, microsites, surveys, etc.) that the End User creates, uploads, manages, and uses in eWizard.
(d) "Content Version" means the version of the Content created after saving changes during a session of editing in eWizard Editor.
(e) "Deleted content" means the Content located in the "Deleted" space of eWizard.
(f) "eWizard Web Platform" or "eWizard" means a web-based complex system, including software, its updated and/or modified versions, and databases, for online activities related to creating, editing, managing, and publishing the Content created in the eWizard.js framework.
(g) "eWizard Editor" is a multifunctional eWizard service that allows to design items with various components and blocks and then fill them up with the required assets and modules.
(h) "Last Version" is a version of the Content last saved during the last session of the Content editing with eWizard Editor.
(i) "Library" means eWizard service where items are created, uploaded, stored, and managed. It comprises three spaces with access to active and deleted items, and the ones shared with the End User.
(j) "Personal Data" means any information in the Content related to an identified or identifiable natural person.
(k) "Service Desk" is an instrument of our support team designed and maintained to help End Users with various issues considering the use of eWizard.
(l) "Storage limit" means the storage volume in GB available for the Content by default or defined in the Service agreement. You can find out about the Storage limit, used and remaining storage space by addressing the relevant inquiry through Service Desk or in the "Analytics" service of eWizard where applicable.
(m) "Unreachable content" is the Content which the End User cannot access with eWizard functionalities.
Agreement terms and conditions
Storage of Content
Once you created a Content item, it is stored in AWS S3 storage under the following conditions:
(1) AWS S3 servers for the Content storage are located in Frankfurt, Germany. The physical location of servers may vary due to the features of cloud storage services eWizard uses. The physical location doesn't affect data security principles we guarantee according to the Service agreement, our internal policies, and/or binding standards under which we operate.
(2) The default volume of storage is defined in the Service agreement. You can order more space for storing Content by addressing the request to a responsible manager from our side (hereinafter—"dedicated manager") or with Service Desk.
Once you exceed the Storage limit, you are notified by a dedicated manager or the system email/notification. You can purchase additional storage space and/or order clean-up services for removing data you don't need if such data was not deleted automatically by eWizard cleaning functionality.
Retention period and Content removal
Content Versions. Each Content item includes Content Versions. You can view the item versioning history on the VERSIONS tab of the item Details page. Content Versions are stored for 3 (three) months from the moment of saving. After the expiration of 3 months, Content Versions become Unreachable content. The Last Version of the Available Content is always stored permanently as long as your eWizard account is not deleted.
Interactive publishing. Should a Content Version be published, shared, or exported, it will not be automatically removed and is stored until you decide to delete the relevant Content item manually or your account is deleted.
Deleted Content. Content items in the "Deleted" space are stored for 90 (ninety) days and then are permanently deleted. You can request a change of the 90 days storing period via Service Desk.
Deleted and deactivated users. The Content in deleted accounts becomes Unreachable content after 30 (thirty) days from the account deletion. The Content of deactivated users is stored until we get a request for its deletion or other actions.
Permanent removal. After automatic deletion of Content Versions done by eWizard, but excluding permanent removal of the Deleted Content, the Content becomes Unreachable Content. The Unreachable Content is stored for 14 (fourteen) days on average, but no less than 1 (one) day and no more than 30 (thirty) days in backup storage. We have the right to decide at our discretion on the exact number of retention days according to our internal rules and storing capabilities. During this period, the Unreachable content can be restored under the End User's request. If no request has been made after the end of this period, the Unreachable Content is permanently deleted. Restoration of the Content for the purposes of this provision is free of charge.
Objection to removal. You can object and/or request to change eWizard automatic cleaning processes for an additional fee.
Personal Data in Content
The Content you create may contain Personal Data, for example, names and contact information of individuals. We do not process such kind of data, as it is stored in encrypted form as a part of the Content. You retain complete control and liability regarding Personal Data according to personal data protection laws and regulations applicable to you.
For the avoidance of doubt, this Agreement is not applicable to the storage and retention of End Users' personal data. We process such personal data under our Privacy Policy.
Migration and return of Content
For the purposes of this Agreement, Content migration is a transfer of data from a specific End User's account in eWizard to another account or a third-party system/software. Content migration is made under a customer's request as a paid service.
Return of Content may be our obligation according to the Service agreement and is done generally as a result of the contract termination or expiration. If the return of Content is not required under the Service agreement or is not agreed upon in writing separately, the rule described above regarding deleted and deactivated users applies.
If you need migration or return of the Content, please ask a dedicated manager, or address your request to Service desk.
Paid services
Other actions with the Content not described in this Agreement or the Service agreement are subject to a separate agreement between you and us. These additional actions are performed on a paid basis. To find out the prices please contact a dedicated manager or send an inquiry through Service Desk.
Data security and integrity
We make all reasonable efforts to ensure that the Content in your account is secured and protected from loss and/or breach. We also apply appropriate measures, providing backups of the Content, to make data recovery possible in the event of a security incident.
Notwithstanding the above, during your use of eWizard, you must follow applicable standards, policies, and rules regarding IT security. You must also learn and comply with the eWizard security guidelines to minimize data loss and/or breach risks, which we cannot prevent.
Duration and termination
This Agreement is valid as long as you use eWizard and until the last Content component is stored in eWizard and/or its infrastructure, provided that there is no binding agreement between you and us which completely replaces this Agreement.
Warranties and disclaimer
We are liable for data security to the extent that this is under our reasonable control and defined responsibility.
The eWizard automatic cleaning functionality is presented and operating "as it is". We do not make any warranties of any kind, expressed or implied, including, but not limited to, the implied warranties of errors-free, the correctness of performance, and the impossibility of data loss. Any implied statutory warranty obligation is valid for thirty (30) days only. You agree with no warranties of any kind after the above period.
We reserve the right to amend or modify this Agreement at any time without prior notice to account for future commercial and technical changes.
Applicable law and jurisdiction
This agreement is subject to and will be interpreted in accordance with the laws of Estonia. The Arbitration Court of the Estonian Chamber of Commerce and Industry will have exclusive jurisdiction to settle any dispute or claim arising from or in connection with this Agreement or its subject matter or formation. The arbitration will take place in English. Number of arbitrators: 1 (one). Place of arbitration: Tallinn, Estonia.
Initial date of adoption | To be reviewed before | Version |
01/09/2022 | 01/09/2023 | 01/22 |