SISRA Observe Terms and Conditions

THIS AGREEMENT was last updated on 20th April 2018 and 9 November 2020 to address the data processing requirements of GDPR

BETWEEN:

  • SISRA Limited part of the Juniper Education Group a company registered in the UK under number 11992947 whose registered office is at Boundary House 4 County Place Chelmsford Essex CM2 0RE, England and
  • school name (as per signed sales order form)

It becomes effective as of the date of You signing the SISRA Quotation & Sales Order Form. SISRA TERMS OF USE:

YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) GOVERNING YOUR USE OF SISRA’S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE “SERVICE”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A SCHOOL, COLLEGE, ACADEMY, LOCAL AUTHORITY OR OTHER LEGAL ENTITY, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY.

As part of the OBSERVE Service, SISRA will allow you access via a browser interface, including transmission and storage of data if applicable. Your registration for, or use of, the OBSERVE Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the SISRA website incorporated by reference herein, including but not limited to SISRA’s privacy and security policies. For reference, a Definitions section (24) is included at the end of this Agreement.

1. Data Protection and Processing

(a)     Both parties will comply with all applicable requirements of the Data Protection Legislation.   This clause 1 is in addition to and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.

(b)     The parties acknowledge that for the purposes of the Data Protection Legislation you are the Data Controller and SISRA is the Data Processor.  Schedule 1 sets out the scope, nature and purpose of processing by SISRA, the duration of the processing and the types of Personal Data and categories of Data Subject.

(c)     Without prejudice to the generality of clause 1(a) you will ensure that:

(i)    you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to SISRA for the duration and purposes of this agreement; and

(ii)    you maintain complete and accurate records and information to demonstrate your compliance with this clause 1 and allow SISRA to audit such records and information by SISRA’s designated data protection officer to ensure all necessary consents are in place to enable SISRA to perform the services under this agreement.

(d)     Without prejudice to the generality of clause 1(a), SISRA shall, in relation to any Personal Data processed in connection with the performance by SISRA of its obligations under this agreement:

  • (i) process that Personal Data only in accordance with this agreement as to which Schedule 1 shall constitute your written instructions and unless SISRA is required by the laws of any member of the European Union or by the laws of the European Union applicable to SISRA to process Personal Data (Applicable Laws). Where SISRA is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, SISRA shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit SISRA from so notifying you;
  • (ii) ensure that SISRA has in place appropriate technical and organisational measures, which can be reviewed and approved by you, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, 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.

Those measures may include, where appropriate;

  • pseudonymising and encrypting Personal Data,
  • ensuring confidentiality, integrity, availability and resilience of its systems and services, which should involve;
    • regular penetration testing;
    • monitoring and logging vital systems to reduce the possibility of unlawful breaches such as brute force attacks;
    • following strict change management processes when implementing key system changes;
    • ensuring software and hardware systems are patched and updated in an appropriate manner;
  • ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and
  • regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it;
    • (iii) ensure that all SISRA personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
    • (iv) not transfer any Personal Data outside of the European Economic Area unless with your prior written consent and the following conditions are fulfilled:
  • You or SISRA has provided appropriate safeguards in relation to the transfer;
  • the Data Subject has enforceable rights and effective legal remedies;
  • SISRA complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
  • SISRA complies with reasonable instructions notified to it in advance by you with respect to the processing of the Personal Data;
  • SISRA only processes personal data that has been provided by you
    • (v) notify you immediately if SISRA receives:
  • a request from a Data Subject to have access to that person’s Personal Data;
  • a request to rectify, block or erase any Personal Data;
  • any other request, complaint or communication relating to either party’s obligations under the Data Protection Legislation (including any communication from the Information Commissioner).
    • (vi) assist you, at your cost, in responding to any request from a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
    • (vii) notify you without undue delay on becoming aware of a Personal Data breach including without limitation any events that results or may result in unauthorised access, loss, destruction or alteration of Personal Data in breach of this agreement; and
    • (viii) co-operate with you to report, manage and recover data that we have had access to in relation to a data breach;
    • (ix) at your written direction delete Personal Data and copies thereof on termination of the agreement unless required by Applicable Law to store the Personal Data; and
    • (x) maintain complete and accurate records and information to demonstrate SISRA’s compliance with this clause 1(d) and allow for audits by you or your designated auditor.
    • (xi) will not appoint any sub-data processor without your consent and will ensure that any such sub-data processor is signed up to terms with SISRA equivalent to this clause 1 and further acknowledges that SISRA will remain responsible to you for the actions of any such sub-data processor.
  • For the purposes of this clause 1 any requirement for written consent from you shall be acted on by SISRA if such consent is received from the Data Administrator or (where different) the head teacher.
  • Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications in respect of the key personnel of you and SISRA for the purposes of communications concerning this Agreement and the Services provided under the Data Protection Legislation, and any other directly applicable European Union regulation relating to data protection and privacy (for so long as and to the extent that the law of the European Union has legal effect in the UK).
  • Either party may, at any time on not less than six weeks’ written notice to the other party revise this clause 1 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when incorporated by attachment to this agreement).
  • The provisions of this clause 1 shall apply during the continuance of the agreement and indefinitely after its expiry or termination.

2. Privacy & Security; Disclosure

SISRA reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Note that because the Service is a hosted, online application, SISRA occasionally may need to notify all users of the Service of important announcements regarding the operation of the Service. As a customer of the Service, you agree that SISRA can disclose the fact that you are a customer and the UBIO Service Edition that you are using.

3. Service Grant & Restrictions

SISRA hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by SISRA and its licensors. You may not access the Service if you are a direct competitor of SISRA, except with prior written consent from SISRA. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not:

  • licence, sub-licence, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way;
  • modify or make derivative works based upon the Service or the Content;
  • create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or
  • reverse engineer or access the Service in order to
  • build a competitive product or service,
  • build a product using similar ideas, features, functions or graphics of the Service, or
  • copy any ideas, features, functions or graphics of the Service.

User(s) subscriptions are for designated individual Users and cannot be shared or used by more than one User. For each authorised User registration they must provide their First name, Surname and an identifiable school email address. Under no circumstances will Pseudonyms and/or group emails be permitted. It is Your responsibility to determine the validity of User registrations especially those no longer authorised to use the service. You may use the Service only for your internal business purposes and shall not:

  • send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;

(ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;

(iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

(iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or

(v) attempt to gain unauthorised access to the Service or its related systems or networks.

4. Your Responsibilities

You are responsible for all activity occurring under your User accounts and shall abide by all applicable UK and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall:

  • notify SISRA immediately of any unauthorised use of any password or account or any other known or suspected breach of security;
  • report to SISRA immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and
  • not impersonate another SISRA user or provide false identity information to gain access to or use the Service.

5. Account Information and Data

SISRA does not own any data, information or material that you submit to the Service in the course of using the Service (“Customer Data”). You, not SISRA, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and subject to clause 1 of this agreement SISRA shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data, although SISRA will make best endeavours to maintain the reliability of any Customer Data. SISRA subject to clause 1 of this agreement reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and SISRA shall have no obligation to maintain or forward any Customer Data.

6. Intellectual Property Ownership

SISRA alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the SISRA Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the SISRA Technology or the Intellectual Property Rights owned by SISRA. The SISRA name, the SISRA logo, the UBIO logo and the product names associated with the Service are trademarks of SISRA or third parties, and no right or licence is granted to use them.

7. Charges and Payment of Fees

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be as per the Schedule 2 shown at the end of this agreement. Payments must be made in advance unless otherwise mutually agreed upon in a Sales/Purchase Order Form. All payment obligations are non-cancellable and all amounts paid are non-refundable. You are responsible for paying for the User licence ordered for the duration of the agreed “Initial 3 Year Term”, as specified on the SISRA Sales Order form and for each “Successive Renewal Term” of 3 years whether or not such User licence was actively used. You must provide SISRA with a signed copy of our Quotation and Sales Order Form (last page of this agreement) as a condition to signing up for the Service. An authorised Administrator may add additional users as part of your user agreement. Added users will be subject to the following: (i) added users will co-exist with the current Term (either Initial 3 Year Term or Successive Renewal Term of 3 years); (ii) the present fees allow for unlimited additional users however this may change upon review. SISRA reserves the right to modify its fees and charges and to introduce new charges at any time, including any reasonable fee increase, upon at least 30 days prior notice to you, which notice may be provided by e-mail. Upon notification, if you disagree with any revised charges, you are required to notify SISRA in writing within thirty (30) days stating your objection. After thirty (30) days, if you fail to notify SISRA of your objection, continued use of the Service after any such changes shall constitute your consent to such changes. All pricing terms are confidential and you agree not to disclose them to any third party.

8. Excess Data Storage Fees

SISRA reserves the right to establish or modify its general practices and limits relating to storage of Customer Data. Any such changes shall be in accordance with the Data Protection Act where such a requirement exists.

9. Billing and Renewal

This Initial 3 (Three) Year Term Agreement commences on the date You sign the SISRA Quotation and Sales order form. SISRA charges and collects in advance for use of the Service. Upon receipt of your signed order for the Initial 3 Year Term, SISRA will issue an invoice to you for the first year (1st year) subscription fee and activation fee. Within thirty (30) days prior to each first and second anniversary of the agreement date SISRA will automatically issue an invoice to you for the second year (2nd year) subscription fees and third year (3rd year) subscription fees respectively. Upon the expiration of the Initial 3 (Three) Year Term or Successive Renewal Term, this Agreement will automatically renew for a further Successive Renewal Term equal in duration to the Initial 3 (Three) Year Term. The renewal charge will be as per the subscription fees identified in the Schedule 2 in effect during the preceding term, unless SISRA has given you at least 30 days prior written notice of a fee increase, which shall be effective on renewal and thereafter. SISRA will notify the Customer by way of invoice within thirty (30) days prior to the renewal date for the successive renewal term. Customer will then have the option to terminate the successive renewal term agreement by notifying SISRA in writing, on letter headed paper (not email), within thirty (30) days of receipt of said invoice. After thirty (30) days beyond the renewal date, continued use of the Service shall constitute your consent to a further Successive Renewal Term. Termination arrangements are set out in Clause 11. Fees for other services will be charged on an as quoted basis. SISRA’s fees are exclusive of VAT. You agree to provide SISRA with complete and accurate billing and contact information. This information includes your legal entity name, street address, email address, and name and telephone number of an authorised billing contact and Licence Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, SISRA reserves the right to terminate your access to the Service in addition to any other legal remedies. If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

10.          Non-Payment and Suspension

In addition to any other rights granted to SISRA herein, SISRA reserves the right to suspend or terminate this Agreement and your access to the Service if your account falls into arrears. Accounts in arrears are subject to interest of 3% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for User licences during any period of suspension. If you or SISRA initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that SISRA may bill you for such unpaid fees. SISRA reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. Unless the payment is disputed, which should be notified in writing (not email) to SISRA within 30 days of due payment, you agree and acknowledge that SISRA has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more in arrears. If in dispute and SISRA has been notified in writing (not email) of valid reasons, SISRA will agree to retain Customer Data to a minimum 365 days or until the dispute has been settled.

11. Termination upon Expiration

Either party may terminate this Agreement, effective only upon the expiration of the then current Term, by notifying the other party in writing on letter headed paper (not email). In the event this Agreement is terminated, you agree and acknowledge that SISRA has no obligation to retain the Customer Data and may delete such Customer Data more than 30 days after termination.

12. Termination for Cause

Any breach of your payment obligations or unauthorised use of the SISRA Technology or Service will be deemed a material breach of this Agreement. SISRA, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. You agree and acknowledge that SISRA has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

13. Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. SISRA represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.

14. Disclaimer of Warranties

SISRA AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. SISRA AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SISRA AND ITS LICENSORS. THAT SAID, SISRA WILL MAKE BEST ENDEAVOURS TO ENSURE THE SERVICE IS DELIVERED “FIT FOR PURPOSE”.

15. Internet Delays

SISRA’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SISRA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

16. Service Upgrades

SISRA Ltd is committed to continuous improvement of its service offering and reserves the right to modify or upgrade the service as appropriate. Any new release could include additional and/or revised functionality. You accept that this enhancement of the service is for the benefit of all our customers and SISRA Ltd cannot be held liable for any additional cost incurred by your school to implement the amended functionality. Furthermore you accept that any revision, modification or upgrade of the Service forms part of the terms of this agreement and therefore your obligations under it.

17. Notice

SISRA may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in SISRA’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in SISRA’s account information. Such notice shall be deemed to have been given upon the expiration of 4 working days after mailing or posting (if sent by first class mail or pre-paid post) or 2 working days after sending (if sent by email). You may give notice to SISRA (such notice shall be deemed given when received by SISRA) at any time by any of the following: written communication sent by first class mail or pre-paid post to our trading address (as confirmed on our web site www.sisra.com under the contact page) or letter sent by confirmed facsimile to SISRA at the following fax number 0870 1253 730.

18. Modification to Terms

SISRA reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement and cannot unreasonably reject the modification. If you disagree with any amendment you are required to notify SISRA in writing within thirty (30) days stating your objection. After thirty (30) days, continued use of the Service after any such changes shall constitute your consent to such changes.

19. Assignment; Change in Control

In the event of you changing status to an Academy, Trust or other legal entity this agreement and your obligations under this agreement are automatically assigned to that new entity. With effect from the date of Assignment, Change in Control, School conversion to Academy status:

  • You transfer all your rights and obligations under this Agreement to the new entity
  • The new entity will perform this Agreement and be bound by its terms in every way as if it were the original contracting party
  • SISRA Ltd will perform this Agreement and be bound by its terms in every way as if the new entity were the original party to this Agreement
  • SISRA Ltd has the right to enforce this Agreement and pursue any claims and demands under it against the new entity with respect to matters arising before, on or after the conversion date, as if the new entity were the original party to this Agreement and the new entity will have the same enforcement rights against SISRA Ltd.
  • This Agreement will in all other respects continue on existing terms

You are obliged, under this circumstance, to notify SISRA Ltd in writing on school letter headed paper of your new legal status. In all other circumstances this Agreement may not be assigned by you without the prior written approval of SISRA whose approval will not be unreasonably withheld, but may be assigned without your consent by SISRA to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of SISRA directly or indirectly owning or controlling 50% or more of you shall entitle SISRA to terminate this Agreement for cause immediately upon written notice.

20. Fair usage policy:

Designed to protect the available bandwidth for all our customers your SISRA Administrators have a responsibility to ensure the STAFF numbers are retained within the designated banding (Currently set to a maximum STAFF figure of 200) so as not to impact the on-going Level of Service offered to all users. SISRA, within reason, may accept/force a minimum tolerance of this figure but reserve the right to restrict the available bandwidth further if any increase beyond the current figure (which can be revised up or down) causes degradation to our standard service offering. SISRA Ltd reserves the right to suspend your account until your STAFF numbers are revised or terminate your account if you fail to address the issue after a warning.

21. General

This Agreement shall be governed by UK law. No text or information set forth on any other purchase order, pre-printed form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and SISRA as a result of this agreement or use of the Service. The failure of SISRA to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SISRA in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and SISRA and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

22. Recommendations

You give SISRA an irrevocable, perpetual and royalty-free licence to include within their Service(s) any recommendations, enhancement requests or other feedback provided by You or Your users, relating to the operation of the Service(s).

23. Online Service Support

The SISRA support desk operates 5 days per week Monday to Friday from 09:00 to17:00 GMT excluding UK National Holidays. All support is offered in English only, using written word via the online chat facility (we do not offer telephone support). Any support requirements outside of these hours should be via email and addressed to support@sisra.com.  All support related enquiries via email will be responded to within 24 hours excluding Saturday and Sunday and UK National Holidays. Without prejudice to the generality of clause (1a), as part of the provision of service, the SISRA support team will on occasion contact your registered SISRA Administrators and/or registered SISRA Users, initially by email, to offer appropriate advice on gaining full value from the service. This will generally be as a direct result of your registered users engaging online via the chat facility or as a consequence of a scheduled health check of your data.

24. Definitions

As used in this Agreement and in any Order Forms now or hereafter associated herewith:

“Agreement” means these terms of use, any Order Forms, whether written or submitted online via email and any materials available on the SISRA website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by SISRA from time to time in its sole discretion.

“Content” means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service.

“Customer Data” means any data, information or material provided or submitted by you to the Service in the course of using the Service.

“Data Administrator” the person appointed by you to input the Customer Data in to SISRA Observe

“Data Controller” shall have the same meaning as set out in the Data Protection Legislation.

“Data Processor” shall have the same meaning as set out in the Data Protection Legislation.

“Data Protection Legislation” means (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.

“Data Subject” shall have the same meaning as set out in the Data Protection Legislation.

“Effective Date” means the earlier of either the date this Agreement is signed or the date you begin using the Service.

“GDPR” means the General Data Protection Regulation EU 2016/679.

“Initial 3 Year Term” means the initial 3 year period during which you are obligated to pay for the Service.

“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.

“Licence Administrator(s)” means those Users designated by you who are authorised to create User accounts and otherwise administer your use of the Service.

“Licence Term(s)” means the period(s) during which an unspecified number of Users are licenced to use the Service pursuant to the Order Form(s).

“New Entity” means the recognised legal body, whether it be an individual, group, trust, local authority or Academy that the Agreement has been assigned to.

“Order Form(s)” means the form evidencing the initial subscription for the Service and any subsequent order forms including customer purchase order forms submitted online via email or in written form either via fax or post, specifying among other things, the subscription term, the applicable fees, the billing period and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail).

“Personal Data” shall have the same meaning as set out in the Data Protection Legislation.

“Service(s)” means the specific edition of SISRA’s online UBIO services identified during the ordering process, developed, operated and maintained by SISRA.

“Service Upgrade” means any updated release which introduces new features or change of functionality.

“SISRA” means collectively SISRA Ltd.

“SISRA Technology” means all of SISRA’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by SISRA in providing the Service.

“Successive Renewal Term” means each and every renewed 3 year term after the “Initial 3 Year Term” during which you are obliged to pay for the service.

“UBIO” means the technical platform that SISRA Ltd has created to deliver their Online Services

“User(s)” mean(s) individuals who are authorised by You to use the Services and have been supplied User identifications and passwords by you (or by SISRA at your request).

“You” or “Your” means the School, College, Academy, Local Authority or other legal entity for which you are accepting this Agreement and Affiliates of that entity.

“Your Data” means all electronic data or information submitted by You to the subscribed Services.

IN WITNESS WHEREOF this Agreement has been duly executed upon signature of the SISRA sales order form

by an authorised representative of: School Name(as per signed sales order form)

SCHEDULE 1

Processing, Personal data and Data Subjects

 

  1. PROCESSING

SCOPE: The scope of the processing covers staff across the school who are subject to routine observations and any data relevant to analysing their progress and performance as defined by you.

NATURE: The processing is provided via a secure online portal with staff and curriculum data entered in manually by you, or uploaded by you, in CSV format and observation and self-evaluation notes and grades entered and analysed by you via a web browser.

PURPOSE: The purpose of processing of personal data is to provide performance analysis across staff, departments, faculties and the whole school.

DURATION: Processing will take place during the agreement term only.

RETENTION: Data will be removed/deleted:

  • 30 days from expiry of this Agreement
  • 30 days from termination of this Agreement
  • Immediately upon written request for removal/deletion from a data subject (only with the data controller’s permission)
  • Immediately upon written request from you.
  1. TYPES PERSONAL DATA

STAFF

              Title

Forename

Surname

Initials

Subject(s) they teach

Staff identifier (as determined by school)

USERS (a USER account needs to be created in order for that person to have access to Observe)

Forename

Surname

Initials

Email Address

OPTIONAL DATA

(Further data that may be uploaded by you into Observe, but is not mandatory, is shown below and is not a complete list)

Pay scale

Role (senior leader, middle leader, class teacher)

% attendance in bands

CPD groups (to indicate what courses people have been on)

Coaching groups (to show which mentor they are working with)

TLR (teaching and learning responsibility relating to pay)

Length of service

Time in employment / date started employment

Pay fraction

Part time / Full time

  1. CATEGORIES OF DATA SUBJECT

Teachers (limited data held, see 2. STAFF above)

Support Staff (limited data held, see 2. STAFF above)

Users (limited data held, see 2. USERS above)