This BCR Service Appendix (“Appendix”) supplements the existing agreement in place between the parties (“Master Agreement”). Capitalised terms used but not defined in this Appendix have the meanings given in the Master Agreement. In the event of any conflict between this Appendix and the Master Agreement, this Appendix prevails.
For the purposes of this Appendix, references to “Platform” in the Master Agreement refer to the Services (defined below).
“Company” means the selling party on an Order Form.
“Content” means “Brandwatch Data” or “Crimson Data” or “Content” as defined in the Master Agreement.
“Customer” means the buying party on an Order Form.
“Customer Data” means data that Customer uploads via Company’s API (or otherwise makes available to Company) for the purpose of Company processing that data on Customer’s behalf.
“Services” means the social listening technology and services that Company provides to Customer as set out on the Order Form.
2. Services terms
2.1. Responsibility. Customer: (a) is responsible for its compliance with this Appendix and will procure that each user complies with the terms of this Appendix as if that user were Customer; (b) will comply with the Twitter Terms of Service, usually at https://twitter.com/tos, and the Youtube Terms of Service, usually at https://www.youtube.com/t/terms; and (c) has the right, title, permissions, and interest in the Customer Data to make it available to Company for processing. Subject to the limitations of liability under the Master Agreement, Customer will indemnify Company against losses arising out of a third party claim against Company that the Customer Data infringes the intellectual property rights of a third party.
2.2. User protection. Customer will not: (a) knowingly display, distribute, or otherwise make Content available to any person or entity that it reasonably believes may use Content in a manner that would have the potential to be inconsistent with that individual’s reasonable expectations of privacy; (b) conduct any research or analysis that isolates a small group of individuals or any single individual for unlawful or discriminatory purposes; (c) use Content to target, segment, or profile any individual based on health, negative financial status or condition, political affiliation or beliefs, racial or ethnic origin, religious or philosophical affiliation or beliefs, sex life or sexual orientation, trade union membership, data relating to any alleged or actual commission of a crime, or any other sensitive categories of personal information prohibited by applicable law; or (d) without Company’s prior written consent, but subject to applicable law, display, distribute, or otherwise make Content available to any member of the US intelligence community or any other government or public-sector entity. Customer confirms that it is not a government entity in a Not Free country listed at https://freedomhouse.org/countries/freedom-world/scores and will not allow any government entity in a Not Free country to use the Services or Content.
2.3. Content licence. Company grants to Customer a worldwide, non-exclusive, non-transferable, royalty-free, licence to use, download, copy, or otherwise remove Content from Company’s systems, in accordance with this Appendix.
2.4. Customer Data licence. Customer grants to Company a non-exclusive, royalty-free licence to process Customer Data for the purposes of providing the Services.
2.5. Compliance with laws. When Company crawls data as part of its Services, that search crawling will only comply with the robots.txt protocol.
2.6. SLA. The Service Level Agreement available at https://www.brandwatch.com/legal/brandwatch-slas/ applies to the Services.
2.7. Data processing addendum. Company will process any personal data within Customer Data (if any) in accordance with the Data Processing Addendum available at https://www.cision.com/legal/customerdpa/.