1) Description of the Roger Application
1.1 Roger is a mobile application for internal company communication, which aims to improve the efficiency of internal company communication and to stimulate employee involvement within a company (the “Roger Application”). Your Employer can use the Roger Dashboard to create and send certain content such as articles, employee satisfaction surveys, event information or other items to you (the “Employer Content”). All Employee Feedback shall be transferred to the Roger Dashboard via the Roger Platform. The Roger Platform interacts with and transmits the Employee Feedback through the Roger Dashboard. 1.2 All Employee Feedback is automatically transferred to your Employer through the Roger Platform. Please note that this automatic transfer is only possible if you log in to the Roger Application with your Account.
3) Use of the Roger Application
3.1 To use the Roger Application, your mobile device requires a WIFI or mobile internet connection. The access to such WIFI or mobile internet connection is your sole responsibility. Please make sure that your mobile device meets the minimum system requirements as set out on the download page of the Apple app store. If your mobile device does not meet these minimum system requirements, we cannot ensure that the Roger Application will function properly. Roger will not be liable for any loss or damage arising from your failure to comply with the above requirements. 3.2 You shall be solely responsible for maintaining the confidentiality and security of your Account login information such as your password and shall be fully responsible for all activities that occur under your Account. You agree to immediately notify Roger of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. Roger will not be liable for any loss or damage arising from your failure to comply with the above requirements. 3.3 During the Term, Roger may, in its sole discretion, provide you with certain updates of the Roger Application. For the avoidance of doubt, Roger is not obligated to provide any updates of the Roger Application.
4) License – restrictions
5.1 As between the User and Roger, the Roger Solution and all Intellectual Property Rights pertaining thereto, are the exclusive property of Roger and/or its licensors. 5.2 All rights, titles and interests in and to the Roger Application or any part thereof not expressly granted to the User in this Agreement are reserved by Roger and its licensors. Except as expressly set forth herein, no express or implied license or right of any kind is granted to the User regarding the Roger Application, including any right to obtain possession of any source code, data or other technical material related to the Roger Application.
In consideration for the License, the Fees shall be paid by your Employer in accordance with the Agreement.
10) Warrantees and disclaimers
10.1 By Roger. Except as expressly provided in this section 10 and to the maximum extent permitted by applicable law, the Roger Application is provided “AS IS,” and Roger makes no (and hereby disclaims all) other warranties, covenants or representations, or conditions, whether written, oral, express or implied including, without limitation, any implied warranties of satisfactory quality, course of dealing, trade usage or practice, merchantability, suitability, availability, title, non-infringement, or fitness for a particular use or purpose, with respect to the use, misuse, or inability to use the Roger Application or any other products or services provided to the User by Roger. Roger does not warrant that all errors can be corrected, or that access to or operation of the Roger Application shall be uninterrupted, secure, or error-free.The User acknowledges and agrees that there are risks inherent to transmitting information over and storing information on the internet and that Roger is not responsible and cannot be held liable for any losses of your data, including but not limited to the Employee Feedback. 10.2 By User. You represent and warrant to Roger that (a) you have the authority to enter into this binding agreement personally and (b) that any Employee Feedback provided by you is accurate and truthful and shall not (i) infringe any Intellectual Property Rights of third parties; (ii) misappropriate any trade secret; (iii) be deceptive, defamatory, obscene, pornographic or unlawful; (iv) contain any viruses, worms or other malicious computer programming codes intended to damage Roger’s system or data; or (v) otherwise violate the rights of a third party. The User acknowledges and agrees that Roger is not obligated to back up any Employee Feedback. You agree that any use of the Roger Application contrary to or in violation of these representations and warranties shall constitute unauthorized and improper use of the Roger Application for which Roger cannot be held liable.
Roger recognizes and understands the importance of your privacy and wants to respect your desire to store and access personal information in a private and secure environment. Please note that Roger has to be considered as the “Data Processor” and your Employer as the “Data Controller” for the processing of any Personal Data via the Roger Solution or any part thereof. Please note that Roger shall only process any Personal Data relating to you on the documented instructions from the Data Controller and takes appropriate technical and organizational measures against any unauthorized or unlawful processing of your Personal Data or its accidental loss, destruction or any unauthorized access thereto. In the event you as User request Roger of a copy, correction, deletion of the Personal Data or you want to restrict or object to the processing activities, Roger shall inform the Employer of such request within two (2) calendar days. Roger shall, as Data Processor, provide the Employer with full details of such request, objection or restriction of the User, together with a copy of the Personal Data held by Roger. Furthermore, Roger shall promptly direct you as user to the Employer, who will deal with the request in accordance with the applicable data protection legislation. The Personal Data that shall be processed by Roger as Data Processor may include (without limitation) a picture that you have uploaded via the Mobile Application to personalize the settings of your Account. We shall not use your Personal Data for any other purpose than instructed by the Data Controller and allowing you to make use of the features of the Mobile Application and the technial operation of the Roger Dashboard.
“Account” means your account for the Roger Application which shall be provided to you by your Employer; “Agreement” means the agreement concluded between Roger and your Employer relating to the use of the Roger Solution; “Data Controller” means the physical or legal person, which, alone or jointly with others, determines the purposes and means of the processing of Personal Data; “Data Processor” means the physical or legal person which processes Personal Data on behalf of the Data Controller; !6
“Employee Feedback” means all feedback, data or answers provided by the User via the Roger Application in response to any Employer Content; “Employer” shall mean your employer who has provided you with your Account details and has entered into the Agreement; “Fees” means the fees to be paid by the Employer to Roger for the use of the Roger Solution as set out in the Agreement; “Intellectual Property Rights” means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, (f) trade and business names, domain names, database rights, rental rights and any other industrial or intellectual proprietary rights or similar right (whether registered or unregistered); (g) all registrations, applications for registration, renewals, extensions, divisions, improvements or reissues relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world; “Personal Data” shall mean any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; “Roger Dashboard” means the web-based application made available to your Employer, to allow your Employer to receive and review the Employee Feedback and create Employer Content. This application is also connected with the Roger Platform; “Roger Platform” means the platform on which the Roger Application and the Roger Dashboard are connected and collectively function; “Roger Solution” means the Roger Dashboard, the Roger Application and the Roger Platform; “Term” means the period as agreed upon between Roger and the Employer in the Agreement; Last revision: January 11, 2017.