- Affiliate(s): in relation to a company, any subsidiary or any holding company from time to time of that company, and any subsidiary from time to time of a holding company of that company except that in respect of Customer, an “Affiliate” will not include any Skillcast Competitor.
- Agreement: these Terms of Service, the Data Processing Addendum, Service Level Commitment and any applicable Service Specific Terms, as well as the applicable Order Form between Skillcast and Customer for the provision of the Service (and all annexes or schedules to the aforementioned documents).
- Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
- Confidential Information: information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 9.1.
- Contract Year: means each successive 12-month period (or portion thereof) during the Term.
- Customer: the person or entity identified as “Customer” on the Order Form.
- Customer Data: the data and documents inputted, submitted, provided, uploaded, transmitted, imported, displayed or otherwise made available by (or on behalf of) the Customer through the Service.
- Data Processing Addendum or DPA: means the Data Processing Addendum available at Data Processing Addendum, which sets out additional terms with regard to the processing of personal data in order to meet the requirements of Data Protection Legislation (as defined in the Data Processing Addendum).
- EU/UK Data Protection Law:
- Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "EU GDPR");
- the EU GDPR as saved into United Kingdom law by virtue of section 3 of the United Kingdom's European Union (Withdrawal) Act 2018 (the "UK GDPR");
- the EU e-Privacy Directive (Directive 2002/58/EC); and
- any and all applicable national data protection laws made under, pursuant to or that apply in conjunction with any of (a), (b) or (c).
- executed (including electronically) by the Customer; or
- not executed by the Customer but which the Customer has accepted as demonstrated by the Customer subsequently downloading, accessing or using the Service detailed therein.
Skillcast Competitor: any business or person which develops and/or sells and/or licenses software, products and/or services which are the same as, or similar to, or are an alternative to, those provided by Skillcast.