Engage Team Addendum
This Betterworks Engage Addendum is entered into as of the Effective Date (as set forth in the Order Form) and is by and between Betterworks Systems, Inc. (“Betterworks”) and the Customer specified in the Order Form (the “Customer”) (“Betterworks Engage Addendum”). While Betterworks reserves the right to update or change its compliance efforts to meet regulatory requirements or industry standards, Betterworks will notify Customer of any material changes. Capitalized terms used in this Betterworks Engage Addendum and not defined herein shall have the meanings given to them in the applicable Order Form, including the Terms and Conditions incorporated therein, entered into by the Parties (including its Exhibits, “Agreement”). In the event of a conflict between the requirements (or defined terms) under this Betterworks Engage Addendum and the Agreement, this Betterworks Engage Addendum shall take precedence and prevail as it relates to the conflicting terms in respect of the subject matter of this Betterworks Engage Addendum and specifically the Customer Engage Data (as defined below). The Effective Date of this Betterworks Engage Addendum shall be the later date between (i.) the Effective Date of the Agreement; or (ii.) date of Betterworks’ signature below. As used herein, the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”.
This Betterworks Engage Addendum shall apply as follows:
As between Customer and Betterworks, Customer will retain sole and exclusive ownership of all Customer Engage Data. “Customer Engage Data” means confidential or proprietary data supplied by Customer or end users of Customer (“Users”) to Betterworks through the use of the Engage Services. Customer Engage Data will be void of sensitive personal information (e.g., Customer will not pass to Betterworks or store inside the Betterworks Engage website or space (“Engage Site”) sensitive personal information including, but not limited to, Social Security number, driver’s license number, other government-issued identification number, financial account number, credit or debit card number, insurance ID or account number, health or medical information, consumer reports, background checks, biometric data, digital signatures, any code or password that could be used to gain access to financial resources, or any other unique identifier of a user or individual). For purposes of clarity, information that is reasonably in scope of this Agreement includes certain human resource (“HR”) information, and other information about Users, from the Customer, and at the Customer’s option, such as: region of origin, name, email address, phone number, education, demographic data, and gender. When Users answer surveys or engage in conversations with peers through the Betterworks Engage Service by voting on surveys or engaging in text conversations between peers, Betterworks Engage collects employee opinions from Users. User votes or comments are connected to their authors. Notwithstanding the foregoing, Customer Engage Data does not include Betterworks’ Engage Aggregated Anonymous Data (as defined herein).
- Aggregated Anonymous Data. Betterworks may aggregate the metadata and usage data of Customer so that the results are non-personally identifiable with respect to Customer or User (“Aggregated Anonymous Data”). The Aggregated Anonymous Data will be deemed Betterworks’ Technology, and Customer acknowledges that Betterworks may use the Aggregated Anonymous Data (i) for its own internal, statistical analysis, (ii) to develop and improve the Services, and (iii) to create and distribute reports and other materials regarding use of the Services. For purposes of clarity, nothing in this Section 3 gives Betterworks the right (or ability) to publicly identify Customer as the source of any Aggregated Anonymous
- Data.Service Levels, Support. Subject to the terms and conditions of the Agreement and the applicable Order Form(s), Betterworks will provide the Betterworks Engage Service in accordance with the Betterworks Engage SLA, located at https://www.betterworks.com/sla (“SLA”). Betterworks will also provide support services in accordance with the applicable Order Form(s).”
- This Betterworks Engage Addendum shall survive until the date when any and all associated Order Form(s) expire or are earlier terminated by the written agreement between Parties.