The Salessound service is intended for use only as a business software tool. Any personal data collected is incidental to the main purpose of the software. For example, job title, organisational department, completed sales report commentaries, snapshot surveys etc. We do not anticipate any sensitive data to be present in any part of the Salessound data.
All Salessound data is stored in secure Microsoft data centres in the United Kingdom. Information about the data processing controls used by Microsoft are summarised in Section 6. Sub-Processors below.
"We", "us", "our" and "the company" refer to Quartile Software Limited. Our contact details are provided at the foot of this page.
"You", "your" or “Customer” means the person or entity using the Salessound Service and identified in the applicable account record, billing statement, online subscription process, or order details as the customer.
"Terms and Conditions" means the required Terms and Conditions of Sale agreed to by The Customer when signing up to use the Salessound software service.
"The Service" or "The Services" or "The Saas" means the Salessound software service.
“Data Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
“Data Processor” means a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Controller.
“Sub-Processor” means any Processor engaged by us to assist in fulfilling our obligations with respect to the provision of The Service in accordance with the Terms and Conditions.
“Data Processing” means any operation or set of operations which is performed on Personal Data, encompassing the collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction or erasure of Personal Data. The terms “Process”, “Processes” and “Processed” will be construed accordingly.
“Data Protection Laws” means applicable worldwide legislation relating to data protection and privacy which applies to the respective party in the role of Processing Personal Data in question under this Agreement.
“Data Subject” means the individual to whom Personal Data relates.
“Instructions” means the written, documented instructions issued by a Controller to a Processor, and directing the same to perform a specific or general action with regard to Personal Data (including, but not limited to, depersonalizing, blocking, deletion, making available).
“Personal Data” means any information relating to an identified or identifiable individual where (i) such information is contained within Customer Data; and (ii) is protected similarly as personal data, personal information or personally identifiable information under applicable Data Protection Laws.
“Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed by us and/or our Sub-Processors in connection with the provision of the Subscription Services. "Personal Data Breach" will not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.
Within the scope of the Terms and Conditions and in its use of The Services, you will be responsible for complying with all requirements that apply to it under applicable Data Protection Laws with respect to its Processing of Personal Data and the Instructions it issues to us. In particular but without prejudice to the generality of the foregoing, you acknowledge and agree that you will be solely responsible for:
(i) the accuracy, quality, and legality of Customer Data and the means by which you acquired Personal Data;
(ii) complying with all necessary transparency and lawfulness requirements under applicable Data Protection Laws for the collection and use of the Personal Data, including obtaining any necessary consents and authorisations (particularly for use by Customer for marketing purposes);
(iii) ensuring you have the right to transfer, or provide access to, the Personal Data to us for Processing in accordance with the terms of the Agreement (including this DPA);
(iv) ensuring that your Instructions to us regarding the Processing of Personal Data comply with applicable laws, including Data Protection Laws; and
(v) complying with all laws (including Data Protection Laws) applicable to any emails or other content created, sent or managed through the Subscription Services, including those relating to obtaining consents (where required) to send emails, the content of the emails and its email deployment practices.
You will inform us without undue delay if you are not able to comply with your responsibilities under this 'Compliance with Laws' section or applicable Data Protection Laws.
The parties agree that the Terms and Conditions (including this DPA), together with your use of The Service in accordance with the Terms and Conditions, constitute your complete Instructions to us in relation to the Processing of Personal Data, so long as you may provide additional instructions during the subscription term that are consistent with the Agreement, the nature and lawful use of the Subscription Service.
You are responsible for independently determining whether the data security provided for in The Service adequately meets your obligations under applicable Data Protection Laws. You are also responsible for your secure use of The Service , including protecting the security of Personal Data in transit to and from the Subscription Service (including to securely backup or encrypt any such Personal Data).
4. Our Obligations
We will only Process Personal Data for the purposes described in this DPA or as otherwise agreed within the scope of your lawful Instructions, except where and to the extent otherwise required by applicable law. We are not responsible for compliance with any Data Protection Laws applicable to you or your industry that are not generally applicable to us.
If we become aware that we cannot Process Personal Data in accordance with your Instructions due to a legal requirement under any applicable law, we will:
(i) promptly notify you of that legal requirement to the extent permitted by the applicable law; and
(ii) where necessary, cease all Processing (other than merely storing and maintaining the security of the affected Personal Data) until such time as you issue new Instructions with which we are able to comply.
If this provision is invoked, we will not be liable to you under the Agreement for any failure to perform the applicable Subscription Services until such time as you issue new lawful Instructions with regard to the Processing.
We will implement and maintain appropriate technical and organisational measures to protect Personal Data from Personal Data Breaches, as described under Annex 2 to this DPA ("Security Measures"). Notwithstanding any provision to the contrary, we may modify or update the Security Measures at our discretion provided that such modification or update does not result in a material degradation in the protection offered by the Security Measures.
We will ensure that any personnel whom we authorise to Process Personal Data on our behalf is subject to appropriate confidentiality obligations (whether a contractual or statutory duty) with respect to that Personal Data.
We will notify you without undue delay after we become aware of any Personal Data Breach and will provide timely information relating to the Personal Data Breach as it becomes known or reasonably requested by you. At your request, we will promptly provide you with such reasonable assistance as necessary to enable you to notify relevant Personal Data Breaches to competent authorities and/or affected Data Subjects, if you are required to do so under Data Protection Laws.
We will delete or return all Customer Data, including Personal Data (including copies thereof) Processed subject to this DPA, on termination or expiration of your access to The Service. This term will apply except where we are required by applicable law to retain some or all of the Customer Data.
5. Data Subject Requests
The Service provides you with a number of controls that you can use to retrieve, correct, delete or restrict Personal Data, which you can use in connection with your obligations under Data Protection Laws, including your obligations relating to responding to requests from Data Subjects to exercise their rights under applicable Data Protection Laws ("Data Subject Requests").
To the extent that you are unable to independently address a Data Subject Request through The Service , then upon your written request we will provide reasonable assistance to you to respond to any Data Subject Requests or requests from data protection authorities relating to the Processing of Personal Data under the Agreement. You will reimburse us for the commercially reasonable costs arising from this assistance.
If a Data Subject Request or other communication regarding the Processing of Personal Data under the Terms and Conditions is made directly to us, we will promptly inform you and will advise the Data Subject to submit their request to you. You will be solely responsible for responding substantively to any such Data Subject Requests or communications involving Personal Data.
You agree that we may engage Sub-Processors to Process Personal Data on your behalf. The Service is hosted on servers and in databases provided by Microsoft as a Sub-Processor at their secure data centres. Details of Microsoft's data processing and data security measures are summarised in Annex 3 to this DPA. We will notify you if we add or replace any Sub-Processors listed in Annex 3 at least 30 days prior to any such changes.
Where we engage additional Sub-Processors, we will impose data protection terms on the Sub-Processors that provide at least the same level of protection for Personal Data as those in this DPA (including, where appropriate, the Standard Contractual Clauses), to the extent applicable to the nature of the services provided by such Sub-Processors. We will remain responsible for each Sub-Processor’s compliance with the obligations of this DPA and for any acts or omissions of such Sub-Processor that cause us to breach any of its obligations under this DPA.
7. Data Transfers
You acknowledge and agree that we may Process Personal Data as necessary to provide The Service in accordance with the Terms and Conditions, and in particular that Personal Data may be transferred to and Processed by Quartile Software Limited in the United Kingdom and to other jurisdictions where we have operations. Wherever Personal Data is transferred outside its country of origin, each party will ensure such transfers are made in compliance with the requirements of Data Protection Laws.
8. European Data provisions
The parties agree that the Standard Contractual Clauses will be incorporated by reference and form part of this agreement, with you being the data exporter and Quartile Software Limited being the data importer.
9. United Kingdom Data provisions
The parties agree that the Standard Contractual Clauses will be interpreted in accordance with the UK Addendum and the tables set out in the UK Addendum will be deemed completed by the use of the information set out in this DPA and its annexes
10. California Personal Information provisions
The parties agree that you are a Business and we are a Service Provider for the purposes of the CCPA.
Each provision of these Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
Limitation of Liability.
The Company does not warrant the operation of any Saas we provide will be uninterrupted or error free or that any errors can be corrected. You use the Saas we provide at your own risk and the Company gives no warranties in respect of the Saas, other than those necessarily implied by statute or otherwise, whether in contract, tort or under any other theory of liability, subject to which all terms, warranties and conditions are now excluded to the fullest extent permitted by law. If any warranty is breached, the Company shall only be liable to give you a correction or replacement within a reasonable time; or at its own option terminate your right to use the Saas and give you a refund (where appropriate and if required by law) and in no event will the Company be liable to you for any loss or damage of any kind (except personal injury or death arising from the Company's negligence) including loss of profits or any other consequential loss of any kind arising from the use of or
inability to use the Saas, or from any errors or deficiencies in the Saas, whether caused by negligence or otherwise. We do not accept any liability for any damage to your computer system or loss of data, or any consequential loss of any kind resulting from loss of data or unauthorised access to it that results from use of any Saas we have provided for your use, and we cannot ensure that any files you download from our web sites are free of viruses, contamination or destructive features.
12. Governing Law
This DPA will be governed by and construed in accordance with the Laws of Scotland.
Annex 1 - Details of Processing
Name: The Customer, as defined in Section 2 - definitions above
Address: The Customer's address, as set out in the order details and/or as set out in the Customer’s Salessound Account
Contact person’s name, position and contact details: The Customer's contact details, as set out in the order details and/or as set out in the Customer’s Salessound Account
Activities relevant to the data transferred under these Clauses: Processing of Personal Data in connection with Customer's use of the Salessound service, subject to the Salessound Terms and Conditions
Name: Quartile Software Limited
5 South Charlotte Street, Edinburgh, EH2 4AN, United Kingdom.
Contact person’s name, position and contact details: Mike Gorman, Director, Quartile Software Limited, 5 South Charlotte Street, Edinburgh, EH2 4AN, United Kingdom.
Activities relevant to the data transferred under these Clauses: Processing of Personal Data in connection with Customer's use of the Salessound software service subject to the Terms and Conditions
Details of Data Transfer
The following personal data categories of your employees or equivalent contractors which you control for the purposes of using the Salessound service may be transferred by you at your sole discretion:
a. Contact Information
b. Any other Personal Data submitted by, sent to, or received by you via The Service.
c. Personal data collected which is incidental to the main purpose of the software. For example, job title, organisational department, completed sales report commentaries, snapshot surveys etc.
The parties do not anticipate the transfer of any sensitive data.
Frequency of the transfer
Nature of the Processing
Personal Data will be Processed in accordance with the Terms and Conditions (including this DPA) and may be subject to the following Processing activities:
1. Storage and other Processing necessary to provide, maintain and improve The Service provided to you; and/or
2. Disclosure in accordance with the Terms and Conditions (including this DPA) and/or as compelled by applicable laws.
Purpose of the transfer and further processing
We will Process Personal Data as necessary to provide The Service.
Period for which Personal Data will be retained
Subject to the 'Deletion or Return of Personal Data' section of this DPA, we will Process Personal Data for the duration of the Terms and Conditions.
Annex 2 - Security Measures
Your data is encrypted at rest and stored in secure Microsoft Azure data centres. Network access constraints, controls and firewalls are used, which are designed to prevent unauthorised access to data or servers. Your Service subscription has a single database which stores only your data. Your data is backed up daily by Microsoft services and the cyclical backups are retained for 14 days. The administrator of your Salessound account can request a download of your data at any time. Customers are not allowed direct access to underlying databases.
All access to the Salessound Service requires use of the https encryption protocol.
The following features are also provided by the Salessound software and are mandatory for all users:
Strong password requirements
You will receive an automated email if the IP address of your login location is not one you have used before
Login is permitted only for verified email addresses.
The following optional feature is also provided but is highly recommended for all users:
Two factor authentication.
With two factor authentication enabled, you will have to approve logons to your account by using an authenticator app.
Salessound is hosted in Microsoft secure data centres in the United Kingdom. We use Microsoft Application Services to provide The Service. We do not own any servers used in Microsoft's data centres.
Detailed operations logs and logs of application activity are maintained to help us monitor details of faults, unusual activity or unauthorised access attempts.
Automated scheduled scans of SQL server vulnerability assessments are run at regular intervals on the SQL database we host at Microsoft.
Security scans and other scans are run on a periodic basis and any remedial action such as updating any vulnerable third-party packages is carried out.
Where appropriate, our employees or contractors are asked for reference checks. Employees or contractors are also required to observe the highest professional standards, and sign non-disclosure agreements.
Details of Microsoft's infrastructure availability and fault tolerance arrangements are available at Azure SLA for App Service
Annex 3 - List of Sub-Processors
Microsoft provides server processing and data storage for The Service at its secure UK data centres
Details of Microsoft's data processing and data protection methods are available at: