The following are the specific terms and conditions for the Software entitled “Alcumus eCompliance” (“eCompliance”) ordered by Customer as a Cloud Service pursuant to the Alcumus Cloud Service Agreement (the “Agreement”) at https://www.INSERTLINK. Capitalized terms shall have the meanings set forth in the Agreement or elsewhere herein. Unless otherwise indicated, references in this Schedule to Sections means the Sections of this Schedule.
1. DESCRIPTION OF ECOMPLIANCE
1.1. Alcumus charges for use of eCompliance and each Add-on, as defined in Section 1.2 below, on a per “Tracked Users” basis, and based on the “eCompliance Package” purchased by Customer as described in Section 1.3 below. What constitutes a single “Tracked User” for eCompliance’s components and each Add-On is described below. Customer shall purchase sufficient Users for its intended and actual use of the Cloud Service. Additional Tracked Users may be added at any time upon the Parties’ execution of an Order for such Tracked Users.
1.2. eCompliance. eCompliance is a mobile, cloud-based health and safety management solution that helps to create a safer work environment by making it easier to meet regulatory compliance, reduce incident rates and prevent lost time from injuries. The base Fee for eCompliance includes: (a) one Production Instance; (b) unlimited site tree to configure worksites to reflect Customer’s organizational structure; (c) configurable user permissions with the ability to define specific roles and functions for Tracked Users; and (d) a web portal and mobile application through which Tracked Users can obtain Documentation and Support Services, and perform certain functions through a web interface (for example, complete jobsite training, review policies & procedures, be alerted to corrective and preventative actions). A “Production Instance” means a configuration of the Cloud Service that provides full productive use of eCompliance and all Add-ons listed in any Orders.
1.3 eCompliance Packages. In addition to what is included in the base Fee as described in Section 1.2, Customer shall subscribe for an “eCompliance Package” in the Order for the Cloud Service, based on the features for such eCompliance Package as described in Exhibit 1.
1.4. Optional Add-Ons and Premiums. The following offerings are optional add-ons (“Add-ons”), which may be added to Customer’s current or prior Orders of eCompliance for an additional Fee.
1.4.1. Safety Intelligence. This Add-on provides the ability to create custom reporting and analytics dashboards as well as access standard pre-built dashboards, and the ability to track metrics like leading and lagging indicators (for example, total recordable injury frequency (TRIF), Days Away Restricted or Transferred (DART), Lost Time Injury Frequency Rates (LTIFR)).
1.4.2. eLearning. This Add-on provides access to over 200 online courses offered in English, French and Spanish, the ability to track and manage all training records and certifications, and assign courses to Tracked Users.
1.4.3. API. This Add-on provides an API (Application Programming Interface) to connect eCompliance with another application used by Customer.
1.4.4. SSO. This Add-on provides Customer with the ability to embed Single sign-on (SSO) into eCompliance. Single sign-on (SSO) is an authentication method that enables users to securely authenticate using the same credentials as their corporate active directory. This authenticates users directly into eCompliance without the need for them entering additional usernames and passwords.
1.4.5. SDS (Safety Data Sheets). This Add-on can be purchased in varying quantities. SDS are summary documents that provide information about the chemical hazards of a product and advice about safety precautions and control measures.
2. ADDITIONAL ACCESS AND USE OF THE CLOUD SERVICE TERMS
2.1. Customer is responsible for: (a) creating accounts for Tracked Users of eCompliance; (b) all activities that occur under the Tracked Users’ accounts; (b) maintaining the security and confidentiality of all user names and passwords for each Tracked User account; and (c) any loss or damage suffered by Customer or Alcumus as a result of Customer’s, any of its Subsidiaries’, or any Tracked User’s failure to adequately safeguard any such account information. Customer shall promptly notify Alcumus of any unauthorized use of any username, password, or account or any other known or suspected breach of security.
3. CERTIFICATIONS
3.1. Alcumus is subject to the following annual certifications of compliance in respect of the Cloud Service for eCompliance:
ISO 27001
4. ALCUMUS HOSTING AND PROCESSING LOCATIONS
4.1. The following Alcumus data hosting and processing locations are used for the Cloud Service. Alcumus may add additional hosting and processing locations in accordance with the Data Security Standards.
a) United States
5. THIRD PARTY SUBPROCESSORS
5.1. eCompliance Third Party Subprocessors:
- Amazon Web Services
- Microsoft Azure
6. DATA RETENTION
6.1 During the term of the Agreement, so long as Customer’s access to the Cloud Service is not suspended pursuant to Section 2.5 of the Agreement, Customer may download from the Cloud Service a copy of the Customer Data.
6.2. Customer may also request removal of Customer Data (including Customer Personal Data) at any time prior to termination or expiration of the Agreement.
6.3 Upon termination of the Agreement, the process set out in clause 7.3 of the Agreement shall apply.
Exhibit 1
DEFINITIONS
Access Methods means the user identifiers and passwords for the Cloud Services used to verify a Tracked User’s credentials to use the Cloud Services and Support pursuant to this Agreement.
Action Items means the functionality to create action items and monitor completion statuses in eCompliance for inspection and audit processes.
Assets means the ability to track tangible equipment assets in eCompliance with their attributes.
Basic Charts & Reports means the ability to access standard built-in charts and reports related to eCompliance Inspections, Documents, Training Management, Action Items and Programs.
Companies Module means the ability to create and manage company profiles for contractors and suppliers and allows you to have contractors and suppliers participate in your safety program with eCompliance.
Documentation means the documentation for the Cloud Service made available by Alcumus to Customer, including training materials and user manuals, which may be amended by Alcumus from time to time upon notice to Customer.
Documents means the ability to share documentation with your users via eCompliance and require read acknowledgement.
Hazard Assessments means the functionality in eCompliance to conduct job and field level hazard analyses.
Incidents means the functionality to give your workforce the ability to instantly report all risks and hazards in eCompliance.
Inspections means the functionality to give your workforce the ability to instantly report on work site inspections in eCompliance.
Meetings means the functionality to record and track safety meetings with your team and acknowledge attendees.
Modifications means any enhancements, changes, corrections, improvements, translations, adaptations, revisions, developments, new versions, upgrades or updates; and “Modify” shall mean the creation of any of the foregoing.
Professional Services means the customization, integration, training, consulting, development and other professional services identified from time to time in writing on a relevant Order, and any Modifications to such services, but does not include Cloud Services or Support;
Programs means the ability to work towards safety standards via the step-by-step process defined by program templates in eCompliance.
Support means, with respect to the Cloud Services, the support services set out in the SLA, and any Modifications thereto. For clarity, Support does not include Professional Services, hardware and related supplies and support thereof, and any onsite (e.g. onsite at a Customer location) support;
Tracked Users means those employees, agents, and independent contractors of Customer or its Affiliates (who have ordered Services pursuant to an Order) that are authorized by Customer or any such Affiliates to access the Cloud Services and who have been supplied Access Methods, or as otherwise set out in the applicable Order.
Training Management means the functionality in eCompliance to track and manage all training records and certifications.
*Capitalized terms not defined herein shall have the meanings set forth in the Alcumus Cloud Services Agreement.