Stream Go and Stream Check software is wholly owned by StreamTech Ltd (StreamTech) whose registered number is 11880786 and registered address is at 4-6 Kerry Hill, Horsforth, Leeds, West Yorkshire, LS18 4AY.
In accessing and using any Stream product or service as a customer or on a free trial basis or as part of a subscription account package, you are agreeing to the following terms and conditions.
StreamTech Ltd reserves the right to update or change these terms and conditions without notice. Any new features that augment or enhance the current service, including the release of new tools or resources, shall be subject to these terms and conditions and the failure of StreamTech Ltd to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
Violation of any of the terms below may result in the suspension or termination of your account or license to use the service. Whist StreamTech Ltd prohibits unauthorised conduct and content on the service as indicated below, you may be exposed to such materials and you agree to use the service at your own risk and StreamTech Ltd shall not be liable in such event.
- Stream will typically be available on a 24×7 basis
- There may be circumstances beyond our control that interfere with the delivery of the service and StreamTech will use all reasonable endeavours to make Stream available following this down time without undue delay.
- Scheduled Stream maintenance and upgrades requiring the application to be unavailable for a short period of time will only be undertaken outside the hours of 06:00 am and 18:00 pm (Monday to Friday). Clients will be provided with at least 24 hours notification of any scheduled downtime. Ad Hoc maintenance will be carried out on occasion between the hours of 18:00 pm Saturday night and 06:00 am Sunday morning without any additional notice being required.
- StreamTech warrants that it owns all intellectual property rights in or has appropriate rights to and has and will throughout the operation of this Agreement maintain all necessary rights, consents, licences, permits and authorisations to provide Stream to the Client and to permit the Client to use Stream in accordance with this Agreement and for the performance of its obligations under this Agreement.
- StreamTech will use all reasonable endeavours to prevent any viruses or any other device which could prevent, impair or otherwise adversely affect the operation of Stream.
- StreamTech will provide support as detailed in the Service Levels section.
- StreamTech will retain client data as standard for 18-months or for six years if the Stream Extended Data Retention option is taken.
- StreamTech will manage its infrastructure and subcontractors in a manner that maximises reliability and consistency of service.
- All client data will be encrypted while in transit to and from Stream TLS 1.2 as a minimum.
- The Client, subcontractors or other third parties using Stream will keep their Stream login details confidential.
- Client will only use Stream in a reasonable manner for legitimate business purposes only.
- Client infrastructure:
- Stream runs on any commonly used browsers, however our recommended browsers are Firefox or Chrome.
- Browser versions should be kept up to date, older versions may not be supported.
- For frequent users Stream works most efficiently on a single or dual 1920 x 1080p monitor.
- Reasonably current PC’s and mobile devices (Android or Apple). At minimum versions supported by the manufacturers.
- Reasonably fast internet connections and mobile connectivity.
- App versions on Mobile devices will need to be kept updated.
- Rooted devices are not supported for security reasons.
- The client will provide support as follows:
- First level (basic) support for their users.
- In the event the Client requires StreamTech to provide First level support the Client acknowledges additional charges may apply and that StreamTech shall not provide any such First level support without the prior approval of the Client including approval of any additional charges.
- Client system issues to be logged by email at firstname.lastname@example.org.
- For the purposes of Data Protection the following terms shall have the meanings ascribed to them as follows:
- Data Controller; Data Processor; Data Subject and Processing: shall have the meaning set out in the Data Protection Legislation.
- Data Protection Legislation: the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulations relating to privacy.
- Data Protection Particulars:
- Scope, nature and purpose of processing: storage of data for the purposes of facilitating transport management operations.
- Duration: the duration of this agreement.
- Types of Personal Data: names, addresses, phone numbers, email addresses, driving licence number and other data as required for the Client’s operations. Stream will not be used by either party to hold personal financial information such as credit card or bank account details.
- Categories of Data Subject: employees, customers, workers and agents of client.
- Personal Data: means “personal data” and “special categories of personal data” both as defined in the Data Protection Legislation.
- UK Data Protection Legislation: any data protection legislation from time to time in force in the UK, including the Data Protection Act 2018 or any successor legislation.
- Both parties will comply with all applicable requirements of the Data Protection Legislation.
- The parties acknowledge that for the purposes of the Data Protection Legislation, the Client is the data controller and StreamTech is the data processor. The scope, nature and purpose of processing by StreamTech, the duration of the processing and the types of Personal Data and categories of Data Subject are in the Data Protection Particulars as defined above.
- The Client authorises StreamTech and its subcontractors to process Personal Data on their behalf.
- StreamTech shall, in relation to any Personal Data processed in connection with the performance by StreamTech of its obligations under this Agreement:
- Ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, ensuring that the availability of and access to Personal Data can be restored in a timely manner after an incident.
- Ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and not transfer any Personal Data outside of the European Economic Area
- The Client acknowledges it shall in respect of such Personal Data be the Data Controller and shall fully indemnify and keep indemnified StreamTech in respect of all fines, claims, damages, costs, expenses and losses arising from a finding that StreamTech is the Data Controller and Client and its third parties have breached the Data Protection Legislation.
- Assist the Client, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; StreamTech reserves the right to charge for these services.
- Notify the Client without undue delay and in any event within 48 hours of becoming aware of a Personal Data breach.
- At the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the Agreement; and maintain complete and accurate records and information to demonstrate its compliance and allow for audits by the Client or the Client’s designated auditor.
- StreamTech shall fully indemnify and keep indemnified the Client in respect of all fines, liabilities, costs, claims, expenses, damages and losses suffered or incurred or potentially incurred by the Client arising out of or in connection with Stream’s breach of the Data Protection Legislation.
- This clause (Data Protection) shall survive termination or expiration of this Agreement.
- ‘Confidential Information’ shall mean all information of a confidential nature in whatever form made available by a party or its representatives (‘Disclosing Party’) to the other party or its representatives (‘Receiving Party’) including without limitation information relating to the Disclosing Party or its group’s business, affairs, plans, opportunities, customers, clients and employees. A Disclosing Party’s Confidential Information shall not be deemed to include information that:
- is or becomes publicly known other than through any act or omission of the receiving party.
- was in the other party’s lawful possession before the disclosure.
- is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
- is independently developed by the receiving party, which independent development can be shown by written evidence.
- Each Receiving Party shall hold the Disclosing Party’s Confidential Information in confidence and not make the Disclosing Party’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.
- Each Receiving Party shall take all reasonable steps to ensure that the Disclosing Party’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.
- A Receiving Party may disclose the Disclosing Party’s Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited.
- A Receiving Party may disclose the Disclosing Party’s Confidential Information to such of its employees, agents, officers, workers and consultants as may need to know it for the purposes of performing and exercising the Receiving Party obligations and rights under this Agreement.
- StreamTech acknowledges that the Client Data is the Confidential Information of the Client.
- The above provisions of this clause shall survive termination or expiration of this Agreement.
This agreement was last updated on 4 October 2022
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