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MEDDICC LTD - PRIVACY POLICY 

Introduction 
 
Welcome to the MEDDICC Ltd's (MEDDICC) privacy policy.  
 
MEDDICC respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website or platforms (together ‘the Site’) (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.  
 
Purpose of this privacy policy 
This privacy policy aims to give you information on how MEDDICC collects and processes your personal data through your use of our Site, including any data you may provide through the Site or when we provide you with Services such as MEDDICC Operating System, MEDDICC Enablement or MEDDICC Community.  
This Site is not intended for children and we do not knowingly collect data relating to children. 
 
Controller 
MEDDICC Limited is the controller and responsible for your personal data (collectively referred to as MEDDICC, "we", "us" or "our" in this privacy policy). 
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.  
 
Contact details 
If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways: 
Email address: security@meddicc.com 
Postal address: 2 The Crescent, Wisbech, Cambridgeshire, United Kingdom, PE13 1EH 
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.  
 
Changes to the privacy policy and your duty to inform us of changes 
We keep our privacy policy under regular review. This version was last updated on 21st November 2022. 
 
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. 
 
Third-party links 
This Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy policy of every website you visit. 

1. The data we collect about you 
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). 
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows: 
 
- Identity Data includes first name, last name, employer, job title, username or similar identifier, title. 
- Contact Data includes  work email address and telephone numbers. 
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site.  
- Usage Data includes information about how you use our Site, products and services.  
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. 
- Location Data includes Geolocation data, such as IP address. 

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Site feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy. 
 
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. 
 
If you fail to provide personal data 
Where we need to collect personal data by law, or under the terms of a contract we have with you or with the organisation you represent, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you or your organisation with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.  
 
2. How is your personal data collected? 
We use different methods to collect data from and about you including through: 
Direct interactions. You may give us your Identity and Contact by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you (as a representative of your organisation): 
- apply for our products or services; 
- create an account on our Site; 
- subscribe to our service or publications;  
- request marketing to be sent to you; 
- enter a competition, promotion or survey; or 
- give us feedback or contact us.  
- Automated technologies or interactions. As you interact with our Site, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details below.
- Third parties or publicly available sources. We will receive personal data about you from various third parties such as analytics providers such as Google based outside the UK.   
 
3. How we use your personal data 
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: 
- Where we need to perform the contract we are about to enter into or have entered into with you or your organisation. 
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. 
- Where we need to comply with a legal obligation. 
- In limited cases we will rely on Consent, for example in certain situations where we are installing Technical Data on your device, or if we are collecting and processing Location Data.   

Purposes for which we will use your personal data 
 
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. 
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.  

Purpose/Activity Type of Data Lawful Basis for processing including basis of legitimate interest
To register you or your organisation as a new customer a) Identity  
b) Contact 
Performance of a contract with your organisation 
To manage our relationship with you or your organisation which will include: 
(a) Notifying you about changes to our terms or privacy policy 
(b) Asking you to leave a review or take a survey 
a) Identity  
b) Contact  
c) Marketing and Communications
a) Performance of a contract with your organisation  
(b) Necessary for our legitimate interests (to recover debts due to us) 
To enable you to partake in a prize draw, competition or complete a survey  a) Identity  
b) Contact  
c) Marketing and Communications
a) Performance of a contract with your organisation  
b) Necessary to comply with a legal obligation 
c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) 
To administer and protect our business and this Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)    a) Identity 
b) Contact 
c) Technical 
a) Performance of a contract with you organisation 
b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) 
To deliver relevant Site content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you  a) Identity  
b) Contact  
c) Usage  
d) Marketing and Communications  
e) Technical  
a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) 
b) Necessary to comply with a legal obligation 
c) Consent.  
To use data analytics to improve our Site, products/services, marketing, customer relationships and experiences  a) Technical  
b) Usage  
c) Location 
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you or your organisation  a) Identity  
b) Contact  
c) Technical  
d) Usage  
e) Marketing and Communications
a) Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy);  
b) Consent.   


Marketing  
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.  
 
Promotional offers from us  
We may use your Identity, Contact, Technical and Usage to form a view on what we think you may want or need, or what may be of interest to you or your organisation. This is how we decide which products, services and offers may be relevant for you (we call this marketing).  
 
Opting out 
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting via support@meddicc.com us at any time.  
 
Cookies 
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Site may become inaccessible or not function properly. For more information about the cookies we use, please check out our cookie policy below.
 
Change of purpose  
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.  
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. 
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. 
 
4. Disclosures of your personal data 
We may share your personal data with the parties set out below for the purposes set out in the table above. 
- Service providers acting as processors who provide IT and system administration services. 
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services. 
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances. 
- Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.  
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. 
 
5. International transfers 
Many of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.  
Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:  
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data. 
- Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.  
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.  
 
6. Data retention 
How long will you use my personal data for? 
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. 
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. 
By law we have to keep basic information about our customers (including Contact and Identity) for six years after they cease being customers for tax purposes. 
 
Your legal rights 
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:  
If you wish to exercise any of the rights set out below, please contact our data privacy manager support@meddicc.com  

No fee usually required 
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. 

What we may need from you 
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. 

Time limit to respond 
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.  
You have the right to: 
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. 
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. 
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.  
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. 
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:  
- If you want us to establish the data's accuracy. 
- Where our use of the data is unlawful but you do not want us to erase it. 
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.  
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.  
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.  
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. 


Cookie Policy


1. Introduction
Our website uses cookies. By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

We are MEDDICC Ltd ("we", "us" and "our") and we are registered in England and Wales with company number 12886938. This is the Cookies Policy for the website we operate, hosted at https://www.meddicc.com/ 
This Cookies Policy should be read in conjunction with our Privacy Policy. 

2. About cookies
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser, and which may then be sent back to the server each time the browser requests a page from the server. Cookies can be used by web servers to identify and track users as they navigate different pages on a website, and to identify users returning to a website.
Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

3. Types of cookies and tracking technology

Types of cookie and purpose; 

Strictly necessary cookies
These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical/performance cookies
They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies
These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies
These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

4. How we use cookies
We may use the information we obtain from your use of our cookies for the following purposes:
- To recognize your computer when you visit our website;
- To track you as you navigate our website, and to enable the use of the functions within it;
- To improve the website’s usability;
- To analyze the use of our website;
- In the administration of this website.

5. Strictly necessary cookies
These are cookies that are required for the operation of our website and under our terms with you. They include, for example, cookies that enable you to log into secure areas of our website or (on other sites) use a shopping cart.

These are essential cookies that do not require consent.

__hs_opt_out
This cookie is used by the opt-in privacy policy to remember not to ask the visitor to accept cookies again. This cookie is set when you give visitors the choice to opt out of cookies. It contains the string "yes" or "no". It expires in 6 months.

__hs_do_not_track
This cookie can be set to prevent the tracking code from sending any information to HubSpot. It contains the string "yes". It expires in 6 months.

__hs_initial_opt_in
This cookie is used to prevent the banner from always displaying when visitors are browsing in strict mode. It contains the string "yes" or "no". It expires in seven days.

__hs_cookie_cat_pref
This cookie is used to record the categories a visitor consented to. It contains data on the consented categories. It expires in 6 months.

hs_ab_test
This cookie is used to consistently serve visitors the same version of an A/B test page they’ve seen before. It contains the id of the A/B test page and the id of the variation that was chosen for the visitor. It expires at the end of the session.

__hsmem
This cookie is set when visitors log in to a HubSpot-hosted site. It contains encrypted data that identifies the membership user when they are currently logged in. It expires in seven days. 
 
__cfruid
This cookie is set by HubSpot’s CDN provider because of their rate limiting policies. It expires at the end of the session. Learn more about Cloudflare cookies. 

__cf_bm
This cookie is set by HubSpot's CDN provider and is a necessary cookie for bot protection. It expires in 30 minutes. Learn more about Cloudflare cookies.

6. Functionality cookies
These may be used to recognize you when you return to our Sites. This enables us, subject to your choices and preferences, to personalize our content, greet you by name and remember your preferences (for example, choice of language or region).

messagesUtk
This cookie is used to recognize visitors who chat with you via the chatflows tool. If the visitor leaves your site before they're added as a contact, they will have this cookie associated with their browser.
With the Consent to collect chat cookies setting turned on: 
If you chat with a visitor who later returns to your site in the same cookied browser, the chatflows tool will load their conversation history. The messagesUtk cookie will be treated as a necessary cookie. When the Consent to collect chat cookies setting is turned off, the messagesUtk cookie is controlled by the Consent to process setting in your chatflow.
HubSpot will not drop the messagesUtk cookie for visitors who have been identified through the Visitor Identification API. The analytics cookie banner will not be impacted. This cookie will be specific to a subdomain and will not carry over to other subdomains. For example, the cookie dropped for info.example.com will not apply to the visitor when they visit www.example.com, and vice versa. It contains an opaque GUID to represent the current chat user.
It expires after 6 months.

7. Analytics cookies
These allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using them. This helps us improve the way our website works, for example, by ensuring that users are easily finding what they are looking for.
The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and pages visited.
We do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors. We will not rent or sell your personally identifiable information to others.

Google Analytics
To allow us to understand how you interact with our website. These insights allow us both to improve content and to build better features that improve your experience. Google stores this information. Google’s privacy policy is available here.
Google. ‘_ga’ is the main cookie used by Google Analytics. ‘_ga’ lasts for 2 years.

8. Tracking/Advertising Cookies
Tracking cookies are used to track web browsing habits. This can also be done to some extent by using the IP address of the computer requesting the page or the referer field of the HTTP request header, but cookies allow for greater precision. They may use the information they obtain from you use of their cookies to:

Google Ads
To support search engine advertising. Google uses cookies for advertising, including serving and rendering ads, personalizing ads (depending on your ad settings at g.co/adsettings), limiting the number of times an ad is shown to a user, muting ads you have chosen to stop seeing, and measuring the effectiveness of ads. Depending on whether you have personalized ads enabled and where you are in the world, the relevant tracking technology lasts for between 13 and 24 months.

Facebook 
To deliver ads to website visitors on Facebook based on their previous visits. This pixel enables us to pair visitors’ information with visitors’ Facebook profile, in order to target particular groups of users on Facebook. 

LinkedIn 
To support advertising on LinkedIn and enable you to engage with us via LinkedIn and show you relevant ads and personalized content on LinkedIn. 

HubSpot
Hubspot provides solutions for customer relationship management, content management and marketing automation. Its cookies facilitate web and IP tracking and advertising. For more information, please see more information here.

Google Tag Manager 
To track and report on the performance of the website and to allow us to control other third-party services on our website.
This cookie provides a central tool to manage various marketing tags, which monitor visitors and their behavior on the website. For more information, see the Google privacy policy here.
 
9. Blocking cookies
Most browsers allow you to refuse to accept cookies; for example:
Internet Explorer you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced” and/or “Block all Cookies” using the sliding selector;
Firefox you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”;
Chrome, you can block all cookies by accessing the “Customize and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from setting any data” under the “Cookies” heading.
Blocking all cookies will, however, have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on our website.

10. Deleting cookies
You can delete cookies already stored on your computer; for example:
Internet Explorer, you must manually delete cookie files;
Firefox, you can delete cookies by clicking “Tools”, “Options” and “Privacy”, then selecting “Use custom settings for history” from the drop-down menu, clicking “Show Cookies”, and then clicking “Remove All Cookies”;
Chrome, you can delete all cookies by accessing the “Customize and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Cookies and other site and plug-in data” before clicking “Clear browsing data”.
Obviously, doing this may have a negative impact on the usability of many websites.

 

Terms of Service

Last Updated: 20th March 2023

These Terms of Service together with the Order Form constitute a binding contract between MEDDICC, Ltd. with offices at 2 The Crescent, Wisbech, Cambridgeshire, United Kingdom, PE13 1EH (“MEDDICC”), and you (“Customer”) (“the Agreement”). Customer agrees to be bound by the terms of this Agreement upon the earlier of: (a) its download, installation, access to or use of any of MEDDICC’s software or services (including the Services); or (b) its express consent to this Agreement (“Effective Date”). If you are entering into this Agreement on behalf of a company, organization or other entity, you represent that you have proper authority to bind such entity and are agreeing to this Agreement on behalf of such entity. If you do not have such authority to enter into this Agreement or do not agree with these Terms of Service, you may not use any MEDDICC software or services. In the event of any inconsistency or conflict between these Terms of Service and any Order Form, the Order Form will control.

1. Definitions
Any terms not defined in this Section shall have the meaning ascribed to them in their relevant Section.
“Applicable Law” means all laws, statutes, ordinances, regulations and other types of government directives applicable to the access, use or provision of the Services.
“Confidential Information” means any information or data relating to Disclosing Party’s business, assets or affairs that is disclosed by Disclosing Party, whether directly or indirectly and whether in writing or orally, whether before, on or after the date of this Agreement and whether or not marked as confidential including but not limited to all Order Forms and all information or data relating to Disclosing Party’s  operations, processes, business, technology, product information, dealings or transactions, trade secrets, know how, roadmap, financial or contractual arrangements, pricing and marketing. Notwithstanding the foregoing, Confidential Information will not include any information which: (a) is or becomes generally available to the public without breach of any obligation owed to Disclosing Party; (b) was properly known to Receiving Party, without restriction, prior to disclosure by Disclosing Party; (c) was properly disclosed to Receiving Party, without restriction, by another person with the legal authority to do so; or (d) is independently developed by Receiving Party without use of or reference to Disclosing Party’s Confidential Information.
“Disclosing Party” means the party disclosing Confidential Information to another party.
“Documentation” means the written instructions, technical documentation, manuals and other materials made available by MEDDICC related to the Services, which MEDDICC may modify from time to time.
“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, service mark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
“Order Form” means a quote, order form or other writing prepared by MEDDICC, executed by Customer, and accepted by MEDDICC that sets forth the specific Services that Customer is authorized to use and the applicable fees, volumes, payment schedule and initial subscription term. If Customer subscribes through a reseller or marketplace, then such reseller or marketplace’s applicable ordering document shall apply solely with respect to the fees, volumes, subscription term and Services ordered.
“Receiving Party” means the party to which Confidential Information is disclosed.
“Services” means any MEDDICC products and services made available to Customer hereunder, including: (a) the MEDDICC proprietary software, including any software code, utility, application interface, tools, or services related thereto; (b) any open-source software used by MEDDICC in support of the products and services; (c) the Documentation; and (d) any updates, upgrades, enhancements, improvements, derivative works, and modifications of the foregoing, including the general know-how, performance metrics, analytics and machine learning developed over time.
“Term” means the period of time during which MEDDICC has authorized Customer to access the Services as set forth in any applicable Order Form and subsequent Renewal Term(s).
“Terms of Service” means the terms and conditions set out herein.

2. Services and Responsibilities
2.1 Provision of MEDDICC Platform. MEDDICC hereby grants Customer and its authorized employees, contractors, vendors and consultants (“Authorized Users”) a limited non-exclusive, non-sublicensable, non-transferable right to access and use the Services solely for Customer’s internal business purposes and subject to the terms and conditions of this Agreement. Usernames and passwords to the Services may not be shared or accessed by more than one unique Authorized User. The Services are subject to modification from time to time at MEDDICC’s sole discretion, provided the modifications do not materially diminish the functionality of the Services.
2.2 Data Protection. Where MEDDICC acts as the controller of your information, the terms of MEDDICC’s Privacy Policy located here will apply. Where MEDDICC acts as a processor of your information, the terms of MEDDICC’s Data Processing Addendum located here (“DPA”) will apply.

2.3 Restrictions. Customer will not, and shall ensure that any Authorized Users will not, directly or indirectly: (a) reverse engineer, decompile, disassemble, modify, copy, create derivative works of or otherwise create, attempt to create or derive the source code, object code or underlying structures, ideas or algorithms of the Services or any data related thereto; (b) attempt to probe, scan or test the vulnerability of the Services, breach the security or authentication measures of the Services without proper authorization, or render any part of the Services unusable; (c) use or access the Services to develop a product or service that is competitive with MEDDICC’s products or services or engage in competitive benchmarking; (d) share, transfer, distribute, resell, lease, license, sublicense, make available or otherwise offer the Services on a standalone basis; (e) remove any proprietary notices from the Services or related Documentation; (f) provide any infringing, offensive, fraudulent or unlawful content in connection with the Services; (g) use the Services or related Documentation in any manner or for any purpose that violates this Agreement or Applicable Law, or infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any person (collectively, the “Restrictions”).

2.4 Suspension. MEDDICC reserves the right to suspend Customer’s (or any Authorized User’s) access to the Services immediately: (a) if Customer breaches Section 2 or Section 4 of this Agreement, or breaches any other provision and fails to correct that breach within the applicable cure period; or (b) as it deems reasonably necessary to respond to any actual or potential security or availability concern that may affect MEDDICC or its customers or users.

2.5 Customer Responsibilities. Customer is solely responsible for: (a) all uses of the Services under its account (whether or not authorized); (b) all acts and omissions of Authorized Users, including ensuring that it and its Authorized Users only use the Services in compliance with this Agreement and all Applicable Law (any breach of this Agreement by an Authorized User shall be deemed a breach by Customer); (c) using commercially reasonable efforts to prevent unauthorized access to or use of the Services (and promptly notifying MEDDICC in the event of any such unauthorized access or use); and (d) determining whether the Services are suitable or sufficient for its business purposes. MEDDICC’s contractual relationship is with Customer and not individual Authorized Users or third parties using the Services through Customer, and Customer will address all claims raised by its Authorized Users directly with MEDDICC.

2.6 Third-Party Services. Customer’s use of third-party products or services that are not licensed to Customer directly by MEDDICC (“Third-Party Services”) shall be governed solely by the terms and conditions applicable to such Third-Party Services, as agreed to between Customer and the third party. MEDDICC does not endorse or support, is not responsible for, and disclaims all liability with respect to Third-Party Services, including the privacy practices, data security processes and other policies related to Third-Party Services. Customer agrees to waive any claim against MEDDICC with respect to any Third-Party Services. Customer may enable integrations between the Services and Third-Party Services (each, an “Integration”). By enabling an Integration, Customer is instructing MEDDICC to share any information or data provided to MEDDICC by or on behalf of the Customer in connection with the Services, which is necessary to facilitate the Integration. Customer is responsible for providing all instructions to any Third-Party Service provider relating to the Customer’s information or data. MEDDICC and Third-Party Service providers are not sub-processors of each other.

3. Fees

3.1 Fees. Customer shall pay all amounts invoiced by MEDDICC relating to any applicable Order Form, according to the payment schedule set forth therein. Except as otherwise specified herein or in any applicable Order Form: (a) fees are quoted and payable in United States dollars; and (b) payment obligations are non-cancelable and non-pro-ratable for partial months, and fees paid are non-refundable. MEDDICC reserves the right to change the fees or applicable charges and to institute new charges and fees at the end of the initial subscription term set out in the Order Form, or the then current Renewal Term, upon forty-five (45) days prior notice to Customer (which may be sent by email). Customer may enter into a subscription for the Services through a MEDDICC authorized reseller, in which case Customer shall pay all fees to the applicable reseller, and any amounts to which Customer may be entitled due to a breach of this Agreement will be provided through such reseller.

3.2 Late Payment. MEDDICC may suspend access to the Services immediately upon notice if Customer fails to pay any amounts hereunder at least fifteen (15) days past the applicable due date.

3.3 Taxes. All amounts payable hereunder are exclusive of any taxes, including any direct or indirect local, state, federal or foreign taxes, levies, duties or similar government assessments of any nature (such as VAT, GST, excise, sales, use or withholding taxes) (collectively “Taxes”). Customer will be solely responsible for payment and reimbursement of all Taxes associated with its purchases hereunder, except for taxes based on MEDDICC’s net income. Customer will not withhold any taxes from any amounts due hereunder.

4. Confidential Information and Proprietary Rights

4.1 Proprietary Rights. Except as expressly set forth herein, MEDDICC (and its licensors, where applicable) exclusively retains all right, title and interest (including all Intellectual Property Rights) relating to the Services and MEDDICC Confidential Information, and Customer exclusively retains all right, title and interest (including all Intellectual Property Rights) in its Confidential Information.

4.2 Feedback. Customer may from time to time provide MEDDICC suggestions or comments for enhancements or improvements, new features or functionality or other feedback (“Feedback”) with respect to the Services. MEDDICC will have full discretion to determine whether to proceed with the development of any requested enhancements, new features or functionality. MEDDICC will have the full, unencumbered right, without any obligation to compensate or reimburse Customer, to use, incorporate and otherwise fully exploit any such Feedback in connection with its products and services.

4.3 Confidential Information. Each party agrees that it will keep the Confidential Information of the other party secret and confidential, will use such Confidential Information solely in accordance with the provisions of this Agreement and will not disclose, or permit to be disclosed, the same directly or indirectly, to any third party without the other party’s prior written consent, except as otherwise permitted hereunder. Notwithstanding the foregoing, either party may disclose Confidential Information: (a) to its employees, officers, directors, attorneys, auditors, financial advisors, contractors, and other representatives who have a need to know and are legally bound to keep such information confidential by confidentiality obligations consistent with those of this Agreement (and for whom each party is responsible for any breach of this Agreement); and (b) as required by law (in which case, to the extent legally permitted, the receiving party will limit the disclosure to that required by law and provide the disclosing party with prior written notification thereof in order to allow disclosing party the opportunity to contest such disclosure). Neither party will disclose the terms of this Agreement to any third party, except that MEDDICC may confidentially disclose such terms to actual or potential lenders, investors or acquirers. Receiving Party agrees to use the same degree of care that it uses to protect its own confidential and proprietary information to prevent the unauthorized use or disclosure of Disclosing Party’s Confidential Information, but in no event less than a reasonable degree of care. Promptly after Disclosing Party’s request, Receiving Party agrees to return or destroy Disclosing Party’s Confidential Information; provided, however, that Receiving Party shall be entitled to retain copies of Confidential Information solely to the extent necessary for purposes of such party’s ordinary course records retention and backup policies and procedures, or to comply with Applicable Law, provided that such Confidential Information is treated as such for so long as it is retained. Each party acknowledges the irreparable harm that improper disclosure of Confidential Information may cause; therefore, the injured party will be entitled to seek immediate injunctive and other equitable relief, in addition to all other remedies, for any violation or threatened violation of this Section or Section 2.3 “Restrictions.”

4.4 Performance Metrics and Machine Learning. Customer acknowledges that a fundamental component of the Services is the use of machine learning and performance metrics for the purpose of providing and improving MEDDICC’s products and services. Notwithstanding anything to the contrary, MEDDICC may collect, use, aggregate, de-identify and/or anonymize (during and after the Term) information related to Customer’s use of the Services to train its algorithms through machine learning techniques, monitor performance, create analytics and statistical data, or for any other purpose permitted by Applicable Law.

5. Warranties and Disclaimers

5.1 MEDDICC Warranties. MEDDICC represents and warrants that: (a) the Services will, under normal and authorized use in full compliance with this Agreement, perform materially in accordance with the Documentation; and (b) it will not knowingly include, in the Services provided to Customer hereunder, any computer code or other computer instructions, devices or techniques, including those known as viruses, disabling devices, trojans, or time bombs, designed to intentionally disrupt, disable, harm, or infect the operation of a network, computer program or computer system or any component thereof. If, at any time, the Services do not conform to the warranty set forth in this Section 5.1, Customer may promptly notify MEDDICC in writing of any such noncompliance and MEDDICC will, within 30 days of receipt of such notification, either correct the noncompliance or provide Customer with a plan for correcting the noncompliance. If the noncompliance is not corrected or if a reasonably acceptable correction plan is not established during such period, Customer may terminate this Agreement and receive a pro-rata refund of any pre-paid subscription fees related to the terminated portion of the applicable Order Form(s) as its sole and exclusive remedy for such noncompliance.

5.2 Reciprocal Warranties. Each party represents and warrants to the other party that it has the legal power and authority to enter into this Agreement.

5.3 Rights and Remedies of a Consumer. If Customer is a consumer (as defined under section 2 of the Consumer Rights Act 2015), the Consumer Rights Act 2015 requires that the Services must be as described (in the Documentation), fit for purpose and of satisfactory quality. If the Services are faulty in respect of these requirements, where Customer is a consumer MEDDICC shall fix the Services within a reasonable time and without significant inconvenience to Customer. If MEDDICC is unable to do so, MEDDICC shall provide a refund to Customer of the fees paid by Customer which relate to the period of time for which the Services were faulty.

5.4 DISCLAIMERS. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 5, THE SERVICES AND ANYTHING ELSE PROVIDED IN CONNECTION WITH THIS AGREEMENT IS PROVIDED TO CUSTOMER STRICTLY “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES THAT THE SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, OR BE FREE OF SECURITY DEFECTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED BY MEDDICC TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE PARTIES AGREE THAT THE SERVICES DO NOT CONSTITUTE LEGAL ADVICE AND ARE ONLY INTENDED AS TOOLS FOR ASSISTING CUSTOMER IN ITS COMPLIANCE EFFORTS, FOR WHICH CUSTOMER IS SOLELY RESPONSIBLE, AND MEDDICC WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR CUSTOMER’S COMPLIANCE PROGRAMS.

5.5 BETA PRODUCTS. FROM TIME TO TIME, CUSTOMER MAY HAVE THE OPTION TO USE FREE OR BETA PRODUCTS, FEATURES OR DOCUMENTATION (COLLECTIVELY, “BETA PRODUCTS”) OFFERED BY MEDDICC. BETA PRODUCTS MAY NOT BE GENERALLY AVAILABLE, ARE PROVIDED STRICTLY “AS IS,” AND SHALL NOT BE SUBJECT TO ANY REPRESENTATIONS, WARRANTIES, INDEMNIFICATION OBLIGATIONS OR SUPPORT OBLIGATIONS, AND UNLESS PROHIBITED BY LAW, MEDDICC WILL HAVE NO LIABILITY RELATED TO SUCH BETA PRODUCTS IN EXCESS OF $1,000.00. CUSTOMER OR MEDDICC MAY TERMINATE CUSTOMER’S ACCESS TO BETA PRODUCTS AT ANY TIME FOR ANY OR NO REASON.

6. Indemnification
6.1 Indemnification by MEDDICC. MEDDICC will defend Customer against any claims, actions, demands or proceedings (“Claim”) made or brought against Customer by an unaffiliated third party alleging that the use of the Services as permitted hereunder infringes or misappropriates any third party copyright, trademark, US patent, or trade secret, and will indemnify Customer for any damages (including reasonable attorney’s fees) finally awarded by a court of competent jurisdiction against Customer, or agreed upon in settlement by MEDDICC, in connection with any such Claim.  Notwithstanding the foregoing, MEDDICC shall have no obligation or liability for any Claim of infringement or misappropriation to the extent that it arises out of or relates to: (a) Third-Party Services, any information or data provided to MEDDICC by or on behalf of the Customer in connection with the Services, or Customer designs, guidelines or specifications; (b) modifications made other than by MEDDICC; (c) combination of the Services with a non-MEDDICC application, product, data or business process, where the Services would not be infringing alone; (d) continued use of the Services after Customer has been notified of modifications or substitutes, to the extent use of such modifications or substitutes would have prevented the Claim; or (e) use of the Services in a manner not strictly in accordance with this Agreement and all related Documentation (clauses (a) through (e), “Excluded Claims”). If the use of the Services by Customer has become, or in MEDDICC’s opinion is likely to become, the subject of any Claim of infringement, MEDDICC may at its sole option and expense: (i) procure for Customer the right to continue using and receiving the Services as set forth hereunder; (ii) replace or modify the Services to make them non-infringing (with comparable functionality); or (iii) if the options in clauses (i) or (ii) are not commercially practicable, terminate this Agreement solely with respect to the infringing portion of the Services and provide a pro-rata refund of any pre-paid subscription fees related to the terminated portion of the applicable Order Form(s). This Section states MEDDICC’s sole and exclusive liability and obligation, and Customer’s exclusive remedy, for any Claim of any nature related to infringement or misappropriation of Intellectual Property Rights. 

6.2 Indemnification by Customer. Customer will defend MEDDICC and its officers, directors, employees and agents against any Claim made or brought against MEDDICC by a third party relating to the Excluded Claims or Customer’s breach of Section 2 “Services and Responsibilities”, and Customer will indemnify MEDDICC and its officers, directors, employees and agents for any damages finally awarded against MEDDICC (or any settlement approved by Customer) in connection with any such Claim.

6.3 Indemnification Procedures. The party entitled to seek coverage pursuant to this Section 6 (the “Indemnified Party”) shall: (a) promptly notify the other party obligated to provide such indemnification (the “Indemnifying Party”) in writing of any such claim; (b) give sole control of the defense and settlement of any such claim to the Indemnifying Party (provided that Indemnifying Party may not settle any claim in a manner that adversely affects Indemnified Party’s rights, imposes any obligation or liability on the Indemnified Party or admits liability or wrongdoing on the part of Indemnified Party, in each case, without Indemnified Party’s prior written consent); and (c) provide all information and assistance reasonably requested by the Indemnifying Party, at the Indemnifying Party’s expense, in defending or settling such claim. The Indemnified Party may join in defense with counsel of its choice at its own expense.

7. Limitation of Liability
EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS OR CUSTOMER’S BREACH OF SECTION 2 “SERVICES AND RESPONSIBILITIES” OR SECTION 3 “FEES,” IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR: (A) ANY LOST PROFITS OR REVENUE, LOSS OR CORRUPTION OF DATA, OR FOR ANY INDIRECT, SPECIAL, COVER, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING UNDER THIS AGREEMENT, IRRESPECTIVE OF WHETHER THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE; OR (B) ANY AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNTS PAID OR PAYABLE TO MEDDICC UNDER THE ORDER FORM GIVING RISE TO LIABILITY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE LIABILITY. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION 7 SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH CLAIMS ARE BROUGHT (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE).

8. Termination

8.1 Term. The Term of this Agreement begins on the Effective Date and continues until all Order Forms have expired or been terminated. Except as set forth in an applicable Order Form, the subscription term of such Order Form will automatically renew for successive renewal terms equal to the length of the subscription term on the initial Order Form (“Renewal Term”), unless either party provides the other party with written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

8.2 Right of Cancellation of a Consumer. If Customer is a consumer (as defined under section 2 of the Consumer Rights Act 2015) and purchased the Services online or over the telephone, Customer has a legal right to change their mind about their purchase within 14 days of their purchase and to receive a refund of the fees paid by Customer, except where Customer has started to download, stream or otherwise use Services. To exercise this right, Customer must notify MEDDICC that Customer wishes to cancel their purchase no later than 14 days after entering into this Agreement, provided that Customer has not started to download, stream or otherwise use the Services.

8.3 Termination. Each party may terminate this Agreement or an applicable Order Form upon written notice to the other party in the event: (a) the other party commits any material breach of this Agreement or the applicable Order Form and fails to cure such breach within thirty (30) days after receipt of notice of such breach; or (b) subject to Applicable Law, upon the other party’s liquidation, commencement of dissolution proceedings or assignment of substantially all its assets for the benefit of creditors, or if such party become the subject of bankruptcy or similar proceeding that is not dismissed within sixty (60) days.

8.4 Survival. Upon termination of this Agreement all rights and obligations will immediately terminate except that any terms or conditions that by their nature should survive such termination will survive, including the Restrictions and terms and conditions relating to confidential information and proprietary rights, disclaimers, indemnification, limitations of liability, termination and the general provisions below.

9. General

9.1 Export Compliance. Each party will comply with the export laws and regulations of the United States, European Union and other applicable jurisdictions in providing and using the Services. Customer may not export, re-export or otherwise access the Services in violation of Applicable Law, including access or use in any embargoed country or other jurisdiction where such access or use is prohibited. Each party represents that it is not named on any U.S. government denied-party list.

9.2 Publicity. Customer agrees that MEDDICC may refer to Customer’s name and trademarks in MEDDICC’s marketing materials and website; however, MEDDICC will not use Customer’s name or trademarks in any other publicity (e.g., press releases, customer references and case studies) without Customer’s prior written consent (which may be by email).

9.3 Assignment. Neither party may, without the prior written consent of the other, assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement.

9.4 Relationship. The parties are independent contractors, and nothing contained herein will in any way constitute any association, partnership, agency, employment or joint venture between the parties hereto, or be construed to evidence the intention of the parties to establish any such relationship. Neither party will have the authority to obligate or bind the other in any manner outside the scope of this Agreement.

9.5 Third-Party Beneficiaries.  By accessing the Services, Customer expressly agrees that MEDDICC shall have the benefit of and right to enforce this Agreement against Customer, irrespective of Customer’s agreements with any authorized reseller. Except for MEDDICC’s own benefit, nothing in this Agreement shall confer, or is intended to confer, on any third party any benefit or the right to enforce or modify any term of this Agreement.

9.6 Severability. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement. If any provision or part-provision of this Agreement is deemed deleted under this Section, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

9.7 Governing Law; Compliance. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Each party will comply with all Applicable Law.

9.8 Notices. Any notice required or permitted to be given hereunder will be given in writing by personal delivery, certified mail, return receipt requested, or by overnight delivery. MEDDICC may provide notice using the information provided in the most recent Order Form and Customer may provide notice using the contact information provided on https://meddicc.com/contact. Notices regarding the Services in general may be given by electronic mail to Customer’s email address on record with MEDDICC.

9.9 Entire Agreement. This Agreement constitutes the entire agreement of the parties concerning its subject matter and is intended to be the final expression of their Agreement, and supersedes and extinguishes all prior and contemporaneous agreements, promises, proposals, assurances, warranties, representations and understandings between them, whether written or oral. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. 

9.10 Waiver. A waiver of any right or remedy under this Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure by a party to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.

9.11 Variation. MEDDICC may modify these Terms of Service from time to time and will provide you with reasonable advance notice of such modifications. If you continue to use the Services after the modifications to the Terms of Service take effect, you agree to be bound by the modified Terms of Service. Notwithstanding the foregoing, no force or effect shall be given to any different or additional terms contained in any purchase order or other vendor form issued by Customer, even if signed by MEDDICC after the date hereof. 

9.12 Force Majeure. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure is due to a labor dispute, fire, earthquake, flood, cyber-attack, war, or any other event beyond the reasonable control of a party, provided that such party promptly notifies the other party thereof and uses commercially reasonable efforts to resume performance as soon as possible. The time for performance of such obligations shall be extended accordingly.

9.13 Anti-Corruption. Customer agrees that it has not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any MEDDICC employee or agent in connection with this Agreement. If Customer learns of any violation of the above restriction, Customer will promptly notify MEDDICC.

9.14 Interpretation. For purposes hereof, “including” or “such as” means “including without limitation”.

Data Processing Agreement 

BACKGROUND
The Customer and MEDDICC entered into Terms of Service (TOS) that may require MEDDICC to process Personal Data on behalf of the Customer.

This Personal Data Processing Agreement (DPA) sets out the additional terms, requirements and conditions on which MEDDICC will process Personal Data when providing Services under the TOS (‘the Services’). This DPA contains the mandatory clauses required by Article 28(3) of UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679)).

AGREED TERMS
This DPA is incorporated into the TOS, in the event of conflict between the two, the provisions of the DPA shall prevail. Defined terms in this DPA unless indicated otherwise, shall have the same meaning as in Data Protection Legislation. Data Protection Legislation shall mean “all applicable data protection and privacy legislation in force from time to time including without limitation the UK GDPR; the Data Protection Act 2018 (and regulations made thereunder) (DPA 2018); and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended; and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data”.
 
MEDDICC and the Customer acknowledge that for the purposes of the Data Protection Legislation, in so far as the processing of Personal Data through MEDDICC’s performance of the Services is concerned (the ‘Customer Data’) the Customer is the Controller and MEDDICC is the Processor.  Further details regarding Customer Data are outlined in Schedule 1.  
 
MEDDICC and the Customer will comply with the requirements of Data Protection Legislation.
 
The Customer retains control of the Customer Data and remains responsible for its compliance obligations under Data Protection Legislation, including but not limited to, providing any required notices and obtaining any required consents, and for the written processing instructions it gives to MEDDICC. The Customer shall ensure that all individuals who provide written instructions are authorised to do so.  
 
MEDDICC shall, in relation to the Customer Data:
 
(a) process the Customer Data only on written instructions of the Customer.  The scope, nature purpose and duration of the processing and the Customer Data categories and Data Subject types are described in Schedule 1;
(b) keep the Customer Data confidential;
(c) comply with the Customer's reasonable instructions with respect to processing the Customer Data;
(d) not transfer the Customer l Data outside of the UK unless, in accordance with the Data Protection Legislation, MEDDICC ensures that:

(i) the transfer is to a country approved as providing an adequate level of protection for the Personal Data; or 
(ii) there are appropriate safeguards in place for the transfer of the Personal Data; or
(iii) binding corporate rules are in place; or 
(iv) one of the derogations for specific situations applies to the transfer.  


(e)    assist the Customer at the Customer's cost in responding to any data subject access requests and to ensure compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, privacy impact assessments and consultations with supervisory authorities or regulators;
(f)    notify the Customer without undue delay on becoming aware of a Personal Data Breach or communication which relates to the Client's or MEDDICC's compliance with the Data Protection Legislation;
(g)    at the written request of the Customer, delete or return the Customer Data (and any copies of the same) to the Customer on termination of the TOS unless required by the Data Protection Legislation to store the Customer Data; 
(h)    maintain complete and accurate records and information to demonstrate compliance with this Clause 7 and allow for audits by the Customer or the Client's designated auditor; and 
(i)     inform Customer if, in its opinion, an instruction infringes Data Protection Legislation.
 
MEDDICC shall ensure that they have in place appropriate technical or organisational measures, to protect against unauthorised or unlawful processing of the Customer Data and against accidental loss or destruction of, or damage to, the Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures.
 
The Customer acknowledges and consents generally to the appointment by MEDDICC of third parties as sub-processors of the Customer Data being processed under this DPA.  A current list of the sub-processors that MEDDICC has appointed can be found here
 
MEDDICC confirms that a) it shall impose on all sub-processors the same data protection obligations as set out in this DPA and shall remain liable for the actions of its sub-processors.  
 
MEDDICC shall give the Customer notice of the appointment of any new sub-processors and provide the Customer with full details of the processing to be undertaken by the sub-processor, thereby giving the Customer the opportunity to object to such appointment. If MEDDICC so notifies the Customer  of any changes to sub-processors and the Customer objects to such changes, the Customer will be entitled to terminate this DPA (without liability for either party, and such termination will be deemed to be a no-fault termination) provided always that the Customer has reasonable grounds for objecting to such changes by reason of the changes causing or being likely to cause the Customer to be in breach of the Data Protection Legislation.
 
The Customer agrees to indemnify, keep indemnified and defend at its own expense MEDDICC against all costs, claims, damages or expenses incurred by MEDDICC or for which MEDDIC may become liable due to any failure by the Customer or its employees, subcontractors or agents to comply with any of its obligations under this DPA and/or the Data Protection Legislation, in particular any failure by the Customer to comply with the provisions of Clause 6.
 
Any limitation of liability set forth in the TOS will not apply to this DPA's indemnity or reimbursement obligations. The total aggregate liability of whatever nature, whether in TOS, tort or otherwise, of MEDDICC for any losses whatsoever and howsoever caused arising from or in any way connected with the DPA shall be limited to the total value of the fees actually received by MEDDICC in the 12 months preceding this claim under the TOS between the Parties to which this DPA relates. Notwithstanding the foregoing, nothing in this DPA limits either party’s liability which can not be legally limited, including (but not limited to) liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.  
 
SCHEDULE 1
INSTRUCTIONS REGARDING PROCESSING, CUSTOMER DATA AND DATA SUBJECTS

SCOPE, NATURE AND PURPOSE OF THE PROCESSING
MEDDICC shall be processing the Customer Data, received from the Customer, for the purpose of providing Services to the Customer under the TOS.  
 
DURATION OF THE PROCESSING
The duration of the TOS.
 
TYPES OF PERSONAL DATA
First name, last name, employer, account information, job title.  
 
CATEGORIES OF DATA SUBJECT
Representatives, employees, staff of the Customer.

 

The Great Promotion 2023 

  • The promoter is MEDDICC LTD (”MEDDICC”). MEDDICC is registered in England under company number 12886938 and the registered office is The Crescent, Wisbech PE13 1EH
  • The competition is open globally except employees of MEDDICC and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
  • There is no entry fee and no purchase necessary to enter this competition.
  • By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
  • Route to entry for the competition and details of how to enter are via: https://www.linkedin.com/company/meddicc/
  • One entry will be accepted per person. Bonus entries will be allocated to those who share the post. A maximum of two entries per person.
  • Closing dates for entry in “The Great Promotion” is Tuesday 24th January 5pm GMT. After the closing date and time, no further entries to the competition will be permitted.
  • No responsibility can be accepted for entries not received for whatever reason.
  • The rules of the competition and how to enter are as follows:

Comment on the original post with the words “I’m In” or nominate someone by tagging their profile on the post. For an extra entry, you can share the original LinkedIn post.

  • The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
  • The first twenty winners, chosen at random will receive an enrolment to our MEDDPICC Masterclass. The next one hundred winners, chosen at random, will receive a free MEDDICC book. The prizes are as stated and no cash or other alternatives will be offered. The prizes are not transferable. The books can only be delivered to countries where Amazon has a presence.
  • The winner will be chosen at random by software, from all entries received and verified by Promoter.
  • The winners will be notified by DM on LinkedIn within 14 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner
  • The promoter will notify the winner when and where the prize can be collected / is delivered.
  • The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
  • The winners agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
  • This promotion is in no way sponsored, endorsed or administered by, or associated with a Social Network. You are providing your information to MEDDICC and not to any other party. The information provided will be used in conjunction with our Privacy Policy.
  • MEDDICC shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage.

 

MEDDICON Giveaway 2023 

The promoter is MEDDICC LTD (“MEDDICC”). MEDDICC is registered in England under company number 12886938 and the registered office is The Crescent, Wisbech PE13 1EH

The competition is open globally except for employees of MEDDICC and their close relatives and anyone otherwise connected with the organisation or judging of the competition. There is no entry fee and no purchase necessary to enter this competition.

By entering this competition, an entrant is indicating their agreement to be bound by these terms and conditions.
Route to entry for the competition and details of how to enter are via: https://www.instagram.com/p/CwUz0x9sPJy/?igshid=MzRlODBiNWFlZA%3D%3D
One entry will be accepted per person. Closing dates for entry in “MEDDICON Registration Competition” is Wednesday 6th September 1pm GMT.
After the closing date and time, no further entries to the competition will be permitted. MEDDICC accepts no responsibility for entries not received for any reason.

The rules of the competition and how to enter are as follows: The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
The winner will receive a set of AirPod Pros or the option to have the equivalent in Amazon vouchers up to the value of £250.The winner will be chosen at random by software, from all entries received and verified by Promoter.

The winners will be notified by email within 14 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner. The promoter will notify the winner when and where the prize can be collected / is delivered. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into. The winners agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

This promotion is in not sponsored, endorsed or administered by, or associated with anyone/organization but the Promoter. You are providing your information to MEDDICC and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at https://meddicc.com/privacy-policy/

MEDDICC shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage.

12 days of Christmas: MEDDICC The Book Giveaway

The promoter is MEDDICC LTD (“MEDDICC”). MEDDICC is registered in England under company number 12886938 and the registered office is The Crescent, Wisbech PE13 1EH

The competition is open globally except for employees of MEDDICC and their close relatives and anyone otherwise connected with the organisation or judging of the competition. There is no entry fee and no purchase necessary to enter this competition.

By entering this competition, an entrant is indicating their agreement to be bound by these terms and conditions.
Route to entry for the competition and details of how to enter are via: https://www.linkedin.com/feed/update/urn:li:activity:7139975425497161728

One entry will be accepted per person. Closing dates for entry in “12 days of Christmas: MEDDICC” is 18th December 1pm GMT. After the closing date and time, no further entries to the competition will be permitted. MEDDICC accepts no responsibility for entries not received for any reason.

The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

The winner will receive one MEDDICC: The Book, with 10 Winners to be chosen at random by software, from all entries received and verified by Promoter.

The winners will be notified by email within 14 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner. The promoter will notify the winner when and where the prize can be collected / is delivered. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into. The winners agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

This promotion is in not sponsored, endorsed or administered by, or associated with anyone/organization but the Promoter. You are providing your information to MEDDICC and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at https://meddicc.com/terms-and-conditions

MEDDICC shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage.