Contracts
- GoodData Platform Trial Terms of Use
- GoodData Platform Free Terms of Use
- GoodData Platform Terms of Use
- GoodData.CN PoweredBy Data as a Service Program Agreement
- GoodData Privacy Policy
- GoodData Cookie Policy
- GoodData Data Processing Addendum
- GoodData List of Sub-processors
- GoodData Business Associate Agreement
- GoodData Ancillary Services Terms of Use
- GoodData Community and University Terms of Use
- GoodData for Freshdesk Terms of Use
- GoodData Enterprise Shield Add-Ons Terms
- GoodData Cloud Terms of Service
- GoodData Patents
GoodData Platform Trial Terms of Use
Version 1.3
Effective August 23, 2021
DownloadTable of Contents
Updated: 07/01/2020
- modify, alter, tamper with, repair or otherwise create derivative works of the Platform;
- reverse engineer, disassemble, decompile the Platform or the Subscription Services used to provide or access the Platform, or attempt to discover or recreate the source code used to provide or access the Platform, except and only to the extent that the applicable law expressly permits doing so;
- use the Platform in any manner or for any purpose other than as expressly permitted by the Agreement or this TOU, the Privacy Policy, or any other policy, instruction or terms applicable to the Platform;
- sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to You with respect to the Platform to any third party;
- remove, obscure or alter any proprietary rights notice pertaining to the Platform;
- use the Platform to: (i) store or transmit inappropriate content, such as content that violates the intellectual property rights or rights to the publicity or privacy of others; (ii) store or transmit any content that contains or is used to initiate a denial of Platform attack, Subscription Services viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (iii) otherwise violate the legal rights of a third party;
- interfere with or disrupt servers or networks used by GoodData to provide the Platform or used by other users to access the Platform, or violate any third-party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of any Subscription Services or the Platform;
- access or attempt to access GoodData’s other accounts, computer systems or networks not covered by these TOU, through password mining or any other means;
- cause, in GoodData’s sole discretion, inordinate burden on the Platform or GoodData’s system resources or capacity;
- use the Platform, or permit such to be used, for purposes of product benchmarking or other comparative analysis intended for publication without GoodData's prior written consent; or
- share passwords or other access information or devices or otherwise authorize any third party to access or use the Platform.
5. Confidential Information.
6. Report Abuse.
7. TOU Changes.
8. Consent to Electronic Communications and Solicitation.
9. Updates to the Platform.
10. Privacy.
11. Proprietary Rights; Intellectual Property; Feedback.
12. Indemnity.
13. Governing Law; Limitation of Liability.
14. Suspension and Termination of Your Use of the Platform.
15. General.
GoodData Platform Free Terms of Use
Version 1.9
Effective August 25, 2021
DownloadTable of Contents
GOODDATA PLATFORM FREE TERMS OF USE
THESE GOODDATA PLATFORM FREE TERMS OF USE (THIS “AGREEMENT“) CONSTITUTE AN AGREEMENT BETWEEN THE ENTITY THAT YOU REPRESENT AND ALL AFFILIATES THEREOF (COLLECTIVELY “YOU” OR “YOUR”), AND GOODDATA CORPORATION (“GOODDATA”). THIS AGREEMENT GOVERNS THE ACCESS TO AND USE OF THE GOODDATA PLATFORM FREE SUBSCRIPTION SERVICES BY YOU AND YOUR CUSTOMERS. BY CLICKING TO SIGNIFY YOUR ACCEPTANCE OF THIS AGREEMENT, OR BY YOUR SETTING UP A USER ACCOUNT, OR ACCESSING OR USING THE SUBSCRIPTION SERVICE IN ANY MANNER, YOU AGREE TO BE BOUND BY ALL OF THESE PROVISIONS HEREIN, AND ALL OTHER SUPPLEMENTAL TERMS.
YOU REPRESENT AND WARRANT THAT YOU (I) HAVE READ AND UNDERSTAND THIS AGREEMENT, (II) HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON YOUR ENTITY’S BEHALF; (II) NEITHER YOU NOR YOUR AFFILIATES HAVE BEEN A PAYING CUSTOMER OF GOODDATA IN THE PREVIOUS TWELVE (12) MONTHS OF SIGNING THIS AGREEMENT; (III); AND (IV) ACCEPT THIS AGREEMENT ON YOUR ENTITY’S BEHALF. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT INDICATE ACCEPTANCE AND MAY NOT USE THE SUBSCRIPTION SERVICES.
YOU ACKNOWLEDGE RECEIPT OF OUR PRIVACY POLICY AND BY ORDERING THE SUBSCRIPTION SERVICES ON OUR WEBSITE, USING OUR WEBSITE, OR OTHERWISE ENGAGING IN ANY ELECTRONIC TRANSACTION WITH RESPECT TO THE SUBSCRIPTION SERVICES, THEN YOU AGREE TO RECEIVE ANY UPDATES TO OUR PRIVACY POLICY BY ACCESSING OUR WEBSITE.
1. Definitions.
(a) “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity; for purposes of this definition, “control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
2. Overview.
3. Technology License Grant.
4. Intellectual Property Rights.
6. Confidential Information.
7. Security; Transmission.
8. Indemnification.
9. Limitation of Liability.
10. Suspension and Termination.
11. General.
GoodData Platform Terms of Use
Version 2.1
Effective January 6, 2022
DownloadTable of Contents
UNLESS YOU HAVE OBTAINED PERMISSION TO USE THE SUBSCRIPTION SERVICES UNDER A SEPARATE, DULY SIGNED AGREEMENT WITH GOODDATA, OR UNLESS YOU HAVE AGREED TO THE GOODDATA PLATFORM FREE TERMS OF USE, ACCESS TO THE SUBSCRIPTION SERVICES IS PROVIDED UNDER THE FOLLOWING TERMS AND CONDITIONS AND ANY SUPPLEMENTAL TERMS REFERENCED BELOW AND YOUR RIGHT TO USE THE SUBSCRIPTION SERVICES IS CONDITIONED UPON YOUR ACCEPTANCE OF, AND COMPLIANCE WITH, THESE TERMS. THE GOODDATA PLATFORM TERMS OF USE DOES NOT GOVERN USE OF GOODDATA.CN SOFTWARE.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS AND YOU DO NOT HAVE AN APPLICABLE SEPARATE SIGNED AGREEMENT AS REFERENCED ABOVE, YOU MAY NOT USE, ACCESS OR COPY THE SUBSCRIPTION SERVICES AND YOU MUST DELETE ANY COPIES OF IT FROM YOUR SYSTEMS.
1. Definitions.
All capitalized terms not otherwise defined herein shall have the meaning set forth below.
2. Overview.
3. Technology License Grant.
4. Intellectual Property Rights.
(b) Feedback. From time to time, GoodData may request that You and Your Customer's may provide GoodData with verbal and/or written suggestions, comments or other feedback related to GoodData’s existing or prospective GoodData Technology or Subscription Services, including, without limitation, design input, and troubleshooting or other assistance provided in response to support requests (collectively, “Feedback”). You and Your Customers are not obligated to provide GoodData with Feedback. You and Your Customer's hereby assign to GoodData all right, title and interest in and to such Feedback. All Feedback is provided “AS IS” and You make no warranties whatsoever about any Feedback.
(c) Trademark License. Each party hereby grants to the other, subject to the terms and conditions set forth in this Agreement, a temporary, limited, revocable, nonexclusive, non-transferable, worldwide license, without the right to sublicense, to use, during the Term of this Agreement, their respective trademarks, service marks and logos (collectively referred to as “Marks”) on their respective websites, marketing materials in connection with GoodData identifying You as a customer, and in mutually agreed-upon collateral sales materials. You will only use and display GoodData’s Marks and copyrighted information in accordance with the applicable guidelines provided by GoodData. Each party will ensure that proper trademark and copyright notices are displayed at all times. All of the benefit and goodwill associated with a party’s use of the other party’s Marks will inure entirely to the Mark owner.
(d) Customer Data. You shall own and retain ownership of all right, title, and interest in and to the Customer Data. Subject to the terms of this Agreement, You hereby grant to GoodData and its Affiliates a non-exclusive, worldwide, royalty-free right to collect, store, process and disclose the Customer Data solely to the extent necessary to provide the services to You or as may be required by law. The foregoing license includes the right to share Your contact information with third party service providers solely for the purposes of providing You or Your Customers with information related to the Subscription Services. You shall ensure that GoodData has the right to access and use Your and Your Customers’ account information and any data You or Your Customer upload to the Subscription Services for the purposes of delivering the Subscription Services, responding to any technical problems, troubleshooting, and testing. You are solely responsible for the accuracy, content and legality of all Customer Data. You warrant that You have and will have sufficient rights in the Customer Data to grant the rights to GoodData under this Agreement and that the Customer Data and its use in the Subscription Services will not violate the rights of any third party.
(e) Usage Data. GoodData may collect and use Usage Data to develop, improve, support, and operate its products and services. GoodData may not share any Usage Data that includes Customer Data with a third party except (i) to provide you with the Subscription Services in accordance with this Agreement, or (ii) to the extent the Usage Data is aggregated and anonymized such that You and Your Customers cannot be identified.
5. Your Obligations; Restrictions.
(a) Obligations. Your access to and use of the Subscription Services shall be subject to and conditioned upon Your continued compliance with the terms and conditions of this Agreement. You agree that You will be liable for any acts or omissions by You or Your Customers or Users that would otherwise constitute a material breach of this Agreement (including with respect to data uploads into GoodData Technology, which are not authorized hereunder). Without limitation of the foregoing, You hereby agree that You will provide the Subscription Services to Your Customers or Users subject to the same terms and conditions that You provide to Your Customers for Your own product or services, including, such terms and conditions that: (i) are no less protective of GoodData’s rights and ownership than this Agreement, and contain restrictions at least equivalent to those set forth in Sections 4 and 5; (ii) do not grant greater use or access rights to the Subscription Services than those rights, licenses and permissions described in this Agreement; (iii) contain warranty disclaimers consistent with those set forth in this Agreement, including conspicuous disclaimers of warranties of merchantability, satisfactory quality and fitness for particular purpose, and a statement that GoodData and its licensors do not grant any warranty and shall not have any direct or indirect liability to Your Customers; (iv) include the restrictions described in this Section 5. You shall use best efforts to cooperate with GoodData to enforce all such limitations, restrictions and protections with respect to Your Customers. If You offer terms to Your Customers that create greater liability than the liability assumed by GoodData under this Agreement You hereby agree that You and Your Customers will not have any recourse with GoodData for such terms and that you shall indemnify and hold GoodData harmless for such excess liability. You hereby agree not to provide Your Customers with any terms that permit Your Customers to enforce this Agreement against GoodData and that you shall indemnify and hold GoodData harmless for any such claims.
(b) Restrictions on Sensitive Personal Data Uploads. You expressly acknowledge and agree that You and Your Customers shall not upload, store or transmit, through the Subscription Services, and GoodData shall neither accept nor have any liability to You or Your Customers for (i) Protected Health Information subject to the Health Insurance Portability and Accountability Act (“HIPAA”) (where “Protected Health Information” or “PHI” has the meaning set forth in HIPAA); or (ii) Special Categories of Personal Data (as defined by applicable regulation, including the EU General Data Protection Regulation or similar concepts under the California Consumer Privacy Act) or such other personally identifiable information or data (collectively the, "Sensitive Personal Data"), unless and until You purchase the GoodData platform and services package intended for the processing of such Sensitive Personal Data (“Additional Security and Compliance Add-Ons”). Upon the purchase of the Additional Security and Compliance Add-Ons, You may use the Subscription Services to collect, transmit or process Sensitive Personal Data if (i) You enter into and complete applicable mutually executed schedule hereto to provision the GoodData platform for the processing and distribution of such Sensitive Personal Data; (ii) You inform GoodData by email and receive a written confirmation from GoodData prior to the commencement of Your initial loading of such Sensitive Personal Data onto the GoodData platform by either You or Your Customers; and (iii) You comply with GoodData policies for such Sensitive Personal Data processing, set forth in the Documentation or in the applicable mutually executed schedule hereto. For the avoidance of doubt, You also shall not upload, store or transmit, through the Subscription Services the following Sensitive Personal Data: passwords, user credentials, access tokens or the like, social security numbers, drivers license numbers, bank account numbers or any data subject to PCI-DSS.
(c) Restrictions. You will not make any representations or warranties regarding the GoodData Technology and Subscription Services beyond those contained in this Agreement or published materials made available to You as part of the Program. You shall not engage in, and shall contractually restrict each Customer or User to: (i) copy, edit, modify, adapt, translate, port, reproduce (except as necessary for installation), distribute, transfer, lend, sell, sublicense, assign or otherwise transfer any of the GoodData Technology, or any component thereof; (ii) prepare any derivative work based upon the GoodData Technology or any component thereof; (iii) reverse engineer, disassemble, or decompile the GoodData Technology or any component thereof, or attempt to discover or disclose the source code of the GoodData Technology or any component thereof; (iv) encumber, time-share, rent, or lease the rights granted under this Agreement; (v) use the GoodData Technology in a manner that is in violation of any third party rights of privacy or intellectual property rights; or (vi) remove, obscure, or alter any notice of intellectual property rights present on or in the GoodData Technology or any component thereof; (vii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; or (viii) send or store material containing malware or any other harmful computer code, files, scripts, agents or programs.
(d) Access; Security. You are responsible for all activities conducted under all login credentials assigned to or created by You and Your Users, including the failure to adequately safeguard login credentials or as a result of any sharing of login credentials. You shall ensure You and Your Customers safeguard and protect the GoodData Technology, Subscription Services and account passwords with the same level of care used to protect Your or Your Customer’s own highly proprietary information, but not less than a commercially reasonable level of care for highly proprietary information. You shall not (i) permit the concurrent use of a single login credential, or time-sharing of the GoodData Technology; (ii) attempt to circumvent the authentication required to access the GoodData Technology or other security measures of the GoodData Technology, or (iii) authorize or permit any person or entity to do any of the foregoing.
6. Confidential Information.
7. Security; Transmission.
8. Fees and Payment.
9. Indemnification.
10. Warranties and Limitation of Liability.
11. Suspension and Termination.
12. General.
GoodData.CN PoweredBy Data as a Service Program Agreement
Version 1.7
Effective March 1, 2022
DownloadTable of Contents
2. Licenses.
3. Intellectual Property Rights.
4. Confidential Information.
5. Fees and Payment.
6. Indemnification.
7. Warranties and Disclaimers.
9. Term and Termination.
(a) Term. This Agreement will commence on the date You accept this Agreement and will remain in effect until terminated in accordance with Section 9(b) (“Term”).
Your Domicile | GoodData Contracting Entity | Jurisdiction | Venue | Notice Address | Designated Currency |
Anywhere worldwide | GoodData Corporation, a Delaware corporation | The State of California | San Francisco, California | Attn: General Counsel 1 Post St. Suite 400 San Francisco, CA 94104 with copy to legal@gooddata.com | USD |
GoodData Privacy Policy
Version 2.10
Effective April 21, 2022
DownloadTable of Contents
Updated: 04/21/2022
INTRODUCTION
PERSONAL DATA WE COLLECT FROM YOU
Personal Data You May Choose to Provide to GoodData
Personal Data that are Collected Passively
Data Collected from Downloadable Products
Information About Your Customers
HOW WE USE PERSONAL DATA WE COLLECT FROM YOU
Authentication and Personalization in Usage of the GoodData Platform
Schedule Notices and Alert Emails
Workspace Invitations
Referrals
Improvement of Our Services
Improvement of Our Products and Your Ease of Use
- Analyze the user journey to identify pain points and improvement opportunities for the user experience
- Monitor the usage of individual software features in order to help us prioritize feature development
- Make decisions about product functionality and Our product roadmap based on overall usage trends and patterns
- Control access to downloadable products
- Track entitlements and verify compliance with any license limitations or restriction
Feedback Collection
We may contact You and/or Your Customers to ask You and/or Your Customers to voluntarily provide Us with Your feedback in connection with Our services or products and Your user experience. Should You choose to do so, You may provide us with feedback and suggestions electronically by various means, including Our Portals, Third Party Agent websites, or directly in the GoodData Platform.
Joint Offerings
Legal Obligations
YOUR RIGHTS AND CHOICES
Removal and Objection
Correcting, Updating and Accessing
Cookies
PERSONAL DATA RETENTION
LINKS TO OTHER WEBSITES
SECURITY
NOTIFICATION OF CHANGES
CONTACT US
JURISDICTION-SPECIFIC PROVISIONS
- Identifiers, including name, address, email address, account name, Social Security Number, IP address - and an ID number assigned to Your account.
- Customer records, phone number, billing address, credit or debit card information, employment or education information.
- Commercial information, including purchases of our Services, downloads of Our downloadable products, and engagement with the Services and Our downloadable products.
- Internet activity, including history of visiting and interacting with Our Service, the GoodData Site, browser type, browser language and other information collected automatically.
- Geolocation data, including location enabled services such as WiFi and GPS.
- Inferences, including information about interests and preferences.
- Commercial Information;
- Customer Records;
- Demographic Data;
- Location Data;
- Identifiers;
- Inferences; and
- Internet activity.
- The categories of personal data We have collected about You;
- The categories of sources from which the personal data was collected;
- The categories of personal data about You that We disclosed for a business purpose or sold;
- The categories of third parties to whom the personal data was disclosed for a business person or sold;
- The business or commercial purpose for collecting or selling the personal data; and
- The specific pieces of personal data We have collected about You.
Canada
European Union and Switzerland
- Right of access
- Right to rectification
- Right to erasure (Right to be forgotten)
- Right of restriction of processing
- Right to data portability
- Right to object
- Right to access details around any automated individual decision-making, including profiling*.
GoodData Cookie Policy
Version 1.7
Effective April 21, 2022
DownloadTable of Contents
Updated: 4/22/2022
What are Cookies?
Why do we use cookies?
- log you into our Website
- to protect your security
- to help us detect and fight spam, abuse and other activities that violate GoodData’s user agreements and term; and
- to authenticate your access to the Website.
COOKIE TABLE
Types of cookie | Use of cookies | Who serves these cookies on our Website? |
Strictly necessary cookies: These cookies are strictly necessary to provide you with services available through our Websites, to analyze traffic and to use some of its features, such as access to secure areas. | We use these "Strictly necessary" cookies to:
| HubSpot Verifalia |
Website and Content Experience cookies: These cookies provide us with information on how our Websites are being used, to help us improve the quality and relevance of content we place on our Websites. Additionally, they also allow us to show you embedded videos, remember your preferences and actions, so that the Websites do not bother you with the same request repeatedly (e.g. filling a form to download a PDF file) and provide feedback about such actions to our affiliated entities. | We use 'Website and Content Experience' cookies to:
| Google Analytics HotJar G2 Triblio Appcues |
Communications cookies: These cookies remember what content you visited on our Websites, to help us serve to you only relevant marketing content that addresses your needs and interests. Our marketing content (i.e. banners) will appear on other websites. When visiting our Website, plugins are embedded in a manner which ensures that a connection to the servers of the respective plugin provider will only be established if you click on the plugin. Your internet browser establishes a direct connection to the respective plugin provider’s servers only when you activate the plugins. This way, the plugin provider receives information that your internet browser has accessed the respective site of our Website, even when you do not maintain a user account with the provider or are not logged in. Log files (including the IP address) are transmitted directly from your internet browser to a server of the respective plugin provider and may be stored there. This server may be located outside the EU or EEA (e.g. in the U.S.). We have no influence on the scope of data gathered and stored by the plugin provider through the plugin. If you do not wish for the plugin providers to receive, save, and use data gathered through this Website, you should not use the respective plugins. You can also block the plugins from being loaded with browser add-ons (so-called script blockers). | We may use "Communication" cookies to:
We may use Communication cookies to track your browser across other sites, building up a profile of your interests and possibly other personal data - but we have ensured that this only happens if you have requested us to share information with the respective social network. Our website uses social media plug-ins (“Plugins”) by the following providers: Twitter plugin; Twitter is operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA ("Twitter"). Find an overview of Twitter's plugins and their appearance here: https://twitter.com/about/resources/buttons; You can find out more about the purpose and scope of the data collection as well as about processing and use of your data by Twitter here: https://twitter.com/privacy. | Medium GoogleAds |
What about other tracking technologies, like web beacons?
Do you use Flash Cookies or Local Shared Objects?
Do you serve targeted advertising?
How can I refuse cookies?
How can I control cookies?
- Google Analytics is a web analytics service provided by Google, Inc. (“Google”). Google uses cookies to help us analyze how users use the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on your activity for us and third parties who help operate and provide services related to the website. Google will not associate your IP address with any other data held by Google. You may refuse the use of these cookies by selecting the appropriate settings on your browser as discussed in this policy. However, please note that if you do this, you may not be able to use the full functionality of the website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB or here. Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at https://www.google.de/intl/en_uk/policies/.
- Google Ads is provided by Google LLC located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Find further information on this tool here. You may object to the collection or processing of your data by this tool by contacting Google using the contact form.
How often will you update this Cookie Policy?
GoodData Data Processing Addendum
Version 2.4
Effective April 14, 2022
DownloadTable of Contents
MODULE ONE: Transfer controller to controller MODULE TWO: Transfer controller to processor MODULE THREE: Transfer processor to processor |
MODULE ONE: Transfer controller to controller MODULE TWO: Transfer controller to processor MODULE THREE: Transfer processor to processor |
- Prospects, customers, business partners and vendors of data exporter (who are natural persons);
- Employees or contact persons of data exporter’s prospects, customers, business partners and vendors; and
- Employees, agents, advisors, freelancers of data exporter (who are natural persons).
MODULE ONE: Transfer controller to controller MODULE TWO: Transfer controller to processor MODULE THREE: Transfer processor to processor |
- First and last name
- Title
- Position
- Employer
- Contact information (company, email, phone, physical business address)
- ID data
- Professional life data
- Personal life data (including but not limited to home addresses, personal phone numbers, resumes, attendance records, bank details)
- Connection data
- Localisation data
- Support Data
MODULE TWO: Transfer controller to processor MODULE THREE: Transfer processor to processor |
MODULE ONE: Transfer controller to controller |
MODULE TWO: Transfer controller to processor MODULE THREE: Transfer processor to processor |
MODULE ONE: Transfer controller to controller MODULE TWO: Transfer controller to processor MODULE THREE: Transfer processor to processor |
MODULE ONE: Transfer controller to controller |
- Provision of user account and enabling of end user access to the services
- Maintaining information security of the services and ensuring compliance of end users with the terms and conditions
- Processing of aggregated and pseudonymized Personal Data necessary for analysis of usage of various service capabilities for the purpose of operations and improvement of the services.
MODULE TWO: Transfer controller to processor MODULE THREE: Transfer processor to processor |
MODULE ONE: Transfer controller to controller |
- Provision of infrastructure and/or software as a service
MODULE TWO: Transfer controller to processor MODULE THREE: Transfer processor to processor |
- Provision of infrastructure and/or software as a service
- Provision of the professional services pursuant to Agreement between data exporter and data importer
MODULE ONE: Transfer controller to controller MODULE TWO: Transfer controller to processor MODULE THREE: Transfer processor to processor |
MODULE ONE: Transfer controller to controller MODULE TWO: Transfer controller to processor MODULE THREE: Transfer processor to processor |
13. Incident Reporting and Response Process. GoodData proactively monitors the Platform for security incidents, including alert notifications generated by GoodData systems and those of its infrastructure partners, open source and industry alerts and community alerts. When an alert is raised, the risk level is assessed first by internal GoodData personnel. Based on this assessment, the GoodData security team will select and launch the prescribed response process. Documented internal escalation procedures and communication protocols clarify when and how an internal escalation takes place, and who is notified. For events classified as an “Incident” (meaning an event impacting the Platform that triggers an alert and requiring prompt or immediate investigation by GoodData), GoodData personnel will respond to the incident within thirty (30) minutes from receipt of a triggered notice on a 24x7, 365 day, annual basis.
14. Data Breach Notice Procedures. GoodData will use all commercially reasonable efforts to notify You in writing within seventy-two (72) hours after confirming or determining reasonable suspicion of an Incident involving unauthorized access to Customer data, and will take all necessary steps and measures to promptly remediate any vulnerabilities involving Customer data as soon as GoodData becomes aware of the security incident. You must sign up and consent to receive security- and support-related emails from GoodData at the Online Support Portal.
15. Continuous Improvement. As the industry standards, regulations and technology evolve, GoodData will from time to time implement changes to improve its information security program. GoodData reserves the right to update or replace any of its information security practices, providing that such change (i) adequately addresses GoodData commitments outlined in this document and (ii) does not materially reduce the level of information security of the Platform.
16. Applicability of this Annex II. GoodData will make all commercially-reasonable efforts to ensure the information security of the Platform; however, to the extent that in the Agreement, a Statement of Work, or any other agreement, You request or require that GoodData modify its standard practices in a way that is inconsistent with the terms of this Annex II, this Annex II will not apply. To the extent that You implement changes to the Platform configuration which are inconsistent with the terms of this Annex II, this Annex II will not apply.
17. Shared Responsibilities for Information Security. GoodData’s obligations under this Annex II apply solely to the extent that You comply with Your own responsibilities under the Agreement, including all applicable Statements of Work. You acknowledge that You are responsible for ensuring the security of Your own network, equipment, and Customers. You understand the need to comprehensively assess risks related to Your usage of the Platform and implement applicable security controls including complementary user entity controls to achieve a desired level of security. These complementary user entity controls include but are not limited to controls related to user access management, user security considerations such as endpoint protection, implementation of supplementary user access technical safeguards offered by GoodData such as SSO, IP whitelisting and custom session expiration, change management of Your implementation, and notification to GoodData in case of a suspected or confirmed data security incident by sending email to security@gooddata.com, each of which will facilitate the achievement of Your desired level of security.
18. Additional Safeguards for Protection of Sensitive Personal Data. If the Customer Data includes Sensitive Personal Data, GoodData will employ additional safeguards for protection of such Sensitive Personal Data. These safeguards are available under the Enterprise Shield package, which You must purchase in order to be able to upload Sensitive Personal Data to the GoodData platform. The Enterprise Shield package employs more stringent logical access controls, formal assurance, and security review of the implementation, along with coverage of the implementation by SOC 2 Type II audit, and a complete audit trail of access to data by GoodData personnel and access to platform events audit log by You.
MODULE ONE: Transfer controller to controller MODULE TWO: Transfer controller to processor MODULE THREE: Transfer processor to processor |
GoodData List of Sub-processors
Version 1.2
Effective April 13, 2022
DownloadTable of Contents
List of GoodData Sub-processors
Name | Purpose of processing |
Rackspace US, Inc. | Hosting centre provider in US and EU |
ThinkOn, Inc. | Hosting centre provider in Canada |
Amazon Web Services, Inc. | IaaS provider, Infrastructure in US, EU and Canada |
Google, Inc. | IaaS provider, Infrastructure in US |
Microsoft Corporation | Desktop-as-a-Service environment provider |
KMS Technology Solutions, Inc. | Professional Services Outsourcing |
BigHub s.r.o. | Professional Services Outsourcing |
Brightpoint Consulting Inc. | Professional Services Outsourcing |
Cloud-IAM SAS | Identity Provider |
GoodData Business Associate Agreement
Version 1.0
Effective August 6, 2021
DownloadTable of Contents
- Definitions. Terms used in this BAA that are specifically defined in HIPAA shall have the same meaning as set forth in HIPAA. A change to HIPAA which modifies any defined HIPAA term, or which alters the regulatory citation for the definition shall be deemed incorporated into this BAA. As used herein:
- “Electronic Protected Health Information” and/or “ePHI” has the meaning given to the term under the Privacy Rule at 45 CFR § 160.103, and includes, without limitation, any ePHI provided by You or created or received by GoodData on Your behalf.
- “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-91, as amended, and related HIPAA regulations (45 CFR Parts 160, 162 and 164).
- “Individual” has the meaning given to the term under the Privacy Rule at 45 CFR § 160.103. It also includes a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g).
- “Service Agreement” means the underlying agreement(s) that outline the terms of the services that GoodData agrees to provide to You and that fall within the functions, activities or services described in the definition of “Business Associate” at 45 CFR § 160.103.
- “Privacy Rule” means the Standards for Privacy of Individually Identifiable Health Information, codified at 45 CFR Parts 160 and Subparts A and E of Part 164, and any other applicable provision of HIPAA and any amendments to HIPAA.
- “Protected Health Information” and/or “PHI” has the meaning given to the term under the Privacy Rule at 45 CFR § 164.103, and includes, without limitation, any PHI provided by You or received by GoodData on Your behalf. Unless otherwise stated in this BAA, any provision, restriction, or obligation in this BAA related to the use of PHI shall apply equally to ePHI.
- “Secretary” means the Secretary of the Department of Health and Human Services or his or her designee.
- “Security Rule” means the Security Standards for the Protection of Electronic Protected Health Information, codified at 45 CFR Part 160 and Subparts A and C of Part 164, and any other applicable provision of HIPAA.
- “Unsecured PHI” means PHI that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary from time to time.
- Applicability. This BAA shall be applicable only in the event and to the extent that GoodData is a Business Associate with respect to You.
- GoodData Obligations and Permitted Uses and Disclosures.
- GoodData will only use or disclose PHI for the purpose of performing GoodData’s obligations to You as permitted under this BAA or as Required by Law.
- Except as otherwise limited in the Service Agreement or this BAA, GoodData may use or disclose PHI to perform functions, activities, or services for, or on Your behalf, provided that such use or disclosure would not violate the Privacy Rule if done by You.
- To the extent that GoodData is carrying out an obligation of Yours under the Privacy Rule, GoodData will comply with the requirements of the Privacy Rule that apply to You in the performance of such obligation.
- So long as such use or disclosure does not violate the Privacy Rule or this BAA, GoodData may:
- Use PHI as is necessary for the proper management and administration of GoodData‘s organization, or to carry out the legal responsibilities of GoodData, as provided in 45 CFR § 164.504(e)(4); and
- Disclose PHI for these purposes, in accordance with the provisions of 45 CFR § 164.504(e)(4)(ii), if either (i) the disclosure is Required by Law or (ii) GoodData obtains reasonable assurances from the person to whom GoodData discloses the PHI that the PHI will be held confidentially and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person and that the person will notify GoodData of any instances of which it is aware in which the confidentiality of the information has been breached.
- GoodData will develop, implement, maintain, and use appropriate safeguards to prevent any use or disclosure of the PHI other than as provided by this BAA. GoodData will implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of ePHI.
- GoodData will report to You any use or disclosure of PHI not authorized by this BAA of which it becomes aware, including any Breach of Unsecured PHI. In addition, GoodData will report to You any Security Incident of which it becomes aware involving or potentially involving Your ePHI. Notice shall be provided to You within fifteen (15) business days of becoming aware of the non-authorized use or disclosure or Security Incident.
- The parties acknowledge and agree that this section constitutes notice by GoodData to You of the ongoing existence and occurrence of attempted but Unsuccessful Security Incidents (as defined herein) for which no additional notice to You shall be required. For purposes of this paragraph, “Unsuccessful Security Incidents” shall include, but shall not be limited to, pings and other broadcast attacks on GoodData’s firewall, port scans, unsuccessful log-on attempts, denials of service and any combination of the above, so long as no such incident results in unauthorized access to, use of, or disclosure of, PHI.
- GoodData agrees to mitigate, to the extent reasonably practicable, any harmful effect that is known to GoodData of any (A) use or disclosure of PHI or ePHI by GoodData in violation of the requirements of this BAA, (B) Breach of Unsecured PHI or (C) Security Incident related to ePHI in violation of the requirements of this BAA.
- All PHI maintained by GoodData for You will be available to You in a time and manner that reasonably allows You to comply with the requirements under 45 CFR § 164.524. GoodData shall not be obligated to provide any such information directly to any individual or person other than You.
- All PHI maintained by GoodData for You will be available to You in a time and manner that reasonably allows You to comply with the requirements under 45 CFR § 164.526.
- You acknowledge that GoodData is not required under this BAA to make disclosures of PHI to individuals or any person other than You, and that GoodData does not, therefore, expect to maintain documentation of such disclosure as described in 45 CFR § 164.528. In the event that GoodData does make such disclosure, it shall document the disclosure as would be required for You to respond to a request by an individual for an accounting of disclosures in accordance with 45 CFR § 164.504(e)(2)(ii)(G) and § 164.528, and shall provide such documentation to You promptly on Your request. In the event that a request for an accounting is made directly to GoodData, GoodData shall, within fifteen (15) Business Days, forward such request to You.
- To the extent required by applicable law, GoodData shall make its internal practices, books and records relating to the use and disclosure of PHI available to the Secretary for purposes of determining Your compliance with the Privacy Rule.
- GoodData will ensure that any agents, including subcontractors, to whom it provides PHI or ePHI agree in writing to the same restrictions and conditions, including but not limited to those relating to termination of the contract for improper disclosure, that apply to GoodData with respect to such information. Further, GoodData shall take reasonable steps to cure a material breach of an agent or subcontractor or terminate its association and/or agreement with the agent or subcontractor. GoodData shall not provide any PHI or ePHI to any third party other than GoodData’s agents and subcontractors as necessary for performance under the Service Agreement without Your express written permission or as otherwise required by law.
- GoodData agrees that GoodData does not and will not have any ownership rights in any of the PHI.
- Customer Obligations. You shall notify GoodData of:
- Any change in its notice of privacy practices, to the extent that such change may affect GoodData's use or disclosure of PHI;
- Any change in, or revocation of, permission by individual to use or disclose PHI, to the extent that such change may affect GoodData's use or disclosure of PHI; and
- Any restriction to the use or disclosure of PHI agreed by You, including, but not limited to, any restriction agreed by You under 45 CFR § 164.522, to the extent that such restriction may affect GoodData's use or disclosure of PHI.
- You shall not instruct or request that GoodData use or disclose any PHI in any manner not permitted by this BAA.
- Term; Termination.
- This BAA shall be effective as of the date on which the Service Agreement becomes effective and shall continue until terminated by You or until any underlying Service Agreement expires or is terminated; provided however, that the requirements of this BAA shall continue to apply to GoodData to the extent that it maintains Your PHI or ePHI after such termination as provided in Section 5.3.
- If GoodData violates a material term of this BAA, as determined by You, You may terminate this BAA, provided that You have provided written notice of the violation to GoodData and GoodData has not cured the violation within thirty (30) days of receiving written notice of the violation from You.
- Upon termination of this BAA for any reason, GoodData shall, if feasible, return or destroy all PHI received from You or created or received by GoodData on behalf of You that GoodData still maintains in any form. If return or destruction of PHI is not feasible, GoodData will retain the PHI, subject to all of the protections of this BAA, and limit further uses and disclosures of the PHI to those purposes that make the return or destruction of the PHI infeasible for so long as GoodData maintains the PHI.
- Miscellaneous
- This BAA may be also executed in counterparts, and, if so executed, each counterpart shall be considered part of the entire, original document and shall have the same force and effect as if executed in one original document. Facsimile, PDF (Portable Document Format) signatures, and/or electronic mail signatures or online acceptance will be deemed original signatures under the terms of this BAA.
- Nothing express or implied in this BAA is intended to confer, nor shall anything herein confer, upon any person other than You, GoodData, or their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever.
- The parties are independent contractors and nothing in this BAA shall be deemed to make them partners or joint venturers.
- GoodData will comply with all appropriate federal and state security and privacy laws, to the extent that such laws apply to GoodData.
- All notices which are required or permitted to be given pursuant to this BAA shall be in writing and shall be sufficient in all respects if delivered personally, by electronic mail, by facsimile (with a confirmation by registered or certified mail placed in the mail no later than the following day), or by registered or certified mail, postage prepaid, addressed to a party as indicated below:
If to GoodData: If to You: GoodData Corporation
ATTENTION: Legal Department
1 Post Street, Suite 400
San Francisco, CA 94104
With a copy to legal@gooddata.comto the email address provided during Your registration - Notice shall be deemed to have been given upon transmittal thereof as to communications which are personally delivered or transmitted by electronic mail or facsimile and, as to communications made by United States mail, on the third day after mailing. The above addresses may be changed by giving notice of such change in the manner provided above for giving notice.
- Any ambiguity in this BAA shall be resolved to permit the parties to comply with HIPAA.
- If any provision of this BAA is determined by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions hereof shall continue in full force and effect.
- Unless otherwise specified in the Service Agreement and except to the extent preempted by federal law, this BAA shall be governed by the law of the State of California, without regard to applicable conflict of law principles.
GoodData Ancillary Services Terms of Use
Version 1.0
Effective August 6, 2021
DownloadTable of Contents
Updated: 07/01/2020
5. Relationship of the Parties.
6. Fees and Compensation.
7. Ownership.
8. Warranty.
9. Entire TOU.
GoodData Community and University Terms of Use
Version 1.3
Effective August 12, 2021
DownloadTable of Contents
The online community provided by GoodData Corporation (“we” or “GoodData”) at community.gooddata.com is designed to create and support an online community where GoodData users, customers or partners can share their experiences about GoodData services, easily receive information about GoodData services, and get a peer-to-peer support and thought leadership on best practices (“GoodData Community”).
Separately, the online educational portal provided by GoodData at university.gooddata.com is designed to provide individuals, customers, and partners with a centralized source of training materials for GoodData products and services (“GoodData University”) including videos, live streams, papers, and quiz questions and answers (“University Content”).
These Portal Terms of Use and all materials referred to or linked to here (“Terms”) are the terms that apply to all persons or entities using the GoodData Community or GoodData University (“you”), but only in relation to your use of GoodData Community or GoodData University (together, the “Portals”). If you do not accept these Terms, you shall not access or use the Portals.
Every Portal user agrees to abide by these Terms and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate these Terms.
We reserve the right to modify these Terms in our sole discretion at any time without giving you prior notice. Your use of the Portals following any such modification constitutes your agreement to follow and be bound by these Terms as modified. You agree to review the Terms on a regular basis and always remain in compliance.
1. Access to the Portals.
You may not use a username that: (i) belongs to someone else, (ii) impersonates another person, (iii) is misleading, (iv) violates any intellectual property or other proprietary rights, (v) is vulgar or offensive, (vi) uses ‘GoodData’ as all or part of it, unless we provide express permission to do so, or (vii) we reject, which we may choose to do in our discretion. All information you provide in your profile must be accurate. Your account will be accessed through a username and password that you will create (your "Credentials"). Your Credentials are solely for your use. You are responsible for maintaining the confidentiality of your Credentials and you are fully and solely responsible for all activities that occur under your Credentials, whether authorized by you or not. It is your responsibility to take adequate precautions with your Credentials. If you believe your access to or use of the Portals has been breached, compromised, or unauthorized, notify us immediately at security@gooddata.com.
The Portals are not intended for users under the age of thirteen (13). By creating your account for one of the Portals, you represent and warrant that you are at least thirteen (13) years of age.
2. Your Conduct and Content.
You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in the Portals or Portal Content. (“Portal Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Portals, whether by us, our customers, or other users of the Portals, together with the University Content. Portal Content does not include Your Content, as defined herein).
In addition, you may not (directly or indirectly) use the Portals in a manner that is in violation of these Terms, including without limitation, posting content that:
- is confidential, proprietary or considered Personal Information under applicable law;
- is threatening, abusive, harassing, stalking, or defamatory;
- is deceptive, false, misleading or fraudulent;
- is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
- contains vulgar, obscene, indecent or unlawful material;
- infringes a third party's intellectual property right(s);
- uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
- downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
- falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
- harvests or otherwise collects information about others, including email addresses, without their consent;
- damages, disables, overburdens, or impairs any GoodData website or interferes with any other party's use and enjoyment of the Portals or any GoodData website or product;
- mirrors or frames the Portals’ websites, or any part of them, on any other GoodData website or webpage;
- attempts to gain unauthorized access to the Portals, or access the Portals by any means other than through the interface that we provide to you; and/or
- is in violation of any applicable law or regulation, or a third-party’s rights.
(b) Suspension and Notice of Violations. We may immediately suspend your use of the Portals, without notice, for actual or suspected violations of the terms contained in this Section 2 (Your Conduct and Content). If you know of usage that is in violation of these Terms, please let us know at support@gooddata.com.
(c) Claims of Copyright Infringement. We may, in our sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights. If you have a good faith belief that your intellectual property rights have been infringed upon in the Portals, you may send GoodData a written copyright infringement notice via mail or email to support@gooddata.com.
(d) Our Use of Your Content. You grant to us and certain third parties all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use all content, including without limitation, language, data, information, and images, provided through or disclosed through use of the Portals, by you (“Your Content”) in connection with a Portal. We may edit or remove Your Content, or block or disable replies on a topic, at any time in our sole discretion. GoodData alone (and its licensors, where applicable) shall own all rights, title and interest, including all related intellectual property rights in and to GoodData’s technology. If you choose to post feedback, such as suggestions to improve GoodData products or services on the Portals, GoodData may act on your feedback, including by incorporating it in GoodData products or services, without any obligation to you.
(e) Privacy. Your use of Portals is subject to the GoodData Privacy Policy effective at the time of your use, which is incorporated herein as though set forth in full.
(f) Content Posted by Third Parties. GoodData cannot control and has no obligation to control Portal Content, and does not guarantee the accuracy, integrity or quality of such Portal Content. You understand that by using the Portals you may be exposed to Portal Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will GoodData be liable in any way for any Portal Content, including without limitation any errors or omissions, or any loss or damage of any kind incurred as a result of your use of any Portal Content. You understand that you must evaluate and bear all risks associated with the use of, or reliance on, any Portal Content. You may report objectionable materials at support@gooddata.com.
(g) Cookies. Your use of Portals’ websites is subject to the GoodData Cookie Policy and to the Cookie Policy of any third-party service provider used to deliver the Portals which are in effect at the time of your use. Such cookie policies are incorporated herein as though set forth in full.
3. International Use.
4. GoodData’s Proprietary Rights.
5. Third-Party Sites and Products.
6. Term and Termination.
7. Your Representations and Warranties.
8. Indemnification.
9. Disclaimers; Limitations of Liability.
(b) Disclaimer of Warranties. WE AND OUR AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE GOODDATA PRODUCTS OR SERVICES, THE PORTALS, OR THE PORTAL CONTENT FOR ANY PURPOSE. THE PORTALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE PORTALS AND THE PORTAL CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FURTHER, GOODDATA AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE PORTALS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOODDATA DOES NOT WARRANT THAT THE PORTALS WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PORTALS ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GOODDATA OR THE PORTALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
(c) No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
(d) Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THESE TERMS WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED DOLLARS.
YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE PORTALS TO YOU. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
10. General.
(b) Applicable Law. If you use the Portals for business purposes: These Terms and your relationship with GoodData under these Terms shall be governed by the laws of the State of California, U.S.A., without regard to its conflict of laws provisions. You and GoodData agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco County, California, U.S.A., to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that GoodData shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If you use the Portals for personal purposes: The courts in some countries will not apply California law to some types of disputes. If you reside in one of those countries, then where California law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of California, U.S.A., excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these Terms or the Portals. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in San Francisco County, California, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of San Francisco County, California, U.S.A., and you and GoodData consent to personal jurisdiction in those courts.
(c) Compliance with Applicable Laws. You shall comply with all applicable foreign and domestic laws (including without limitation, export laws), governmental regulations, ordinances, and judicial administrative orders. Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to the Portal Content and the GoodData products and services. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the Portal Content or the GoodData products and services to prohibited countries or individuals or permit use of the Portal Content or the GoodData products and services by prohibited countries or individuals.
(d) Severability. If any part of these Terms is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in effect.
(e) Consent to Electronic Communications and Solicitation. You understand and expressly agree that we may send you communications or data regarding the Portals via electronic mail. You agree that all such notices, disclosures and other communications that GoodData provides to you electronically satisfy any legal requirement that such communications be in writing.
(f) Entire Agreement. These Terms constitute the entire agreement between us for the Portals and supersede all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. It is the express wish of both you and us that these Terms and all related documents be drafted in English.
(g) No Third Party Beneficiaries. Nothing in these Terms, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
GoodData for Freshdesk Terms of Use
Version 1.2
Effective January 6, 2022
DownloadTable of Contents
GoodData for Freshdesk Terms of Use
1. Definitions.
2. Overview.
3. Intellectual Property Rights.
4. Your Obligations; Restrictions.
5. Confidential Information.
6. Security; Transmission.
7. Fees and Payment.
8. Indemnification.
9. Warranties and Limitation of Liability.
10. Suspension and Termination.
11. General.
Your Domicile | GoodData Contracting Entity | Jurisdiction | Venue | Notice Address | Designated Currency |
Anywhere worldwide | GoodData Corporation, a Delaware corporation | The State of California | San Francisco, California | Attn: General Counsel | USD |
GoodData Enterprise Shield Add-Ons Terms
Version 1.0
Effective February 22, 2022
DownloadTable of Contents
1. DESCRIPTION
2. YOUR RESPONSIBILITIES UNDER MANAGED ENTERPRISE SHIELD
2.1. You are required to separately purchase Professional Services implementation package and/or Success Advisory services to allow GoodData to develop and maintain the Data Product.
2.2. You will not implement any changes to the Data Product beyond the customization of dashboards, reports and metrics. For any changes to the data loading and data transformation processes, You will engage GoodData personnel as described in 2.1
2.3. When integrating the Data Product into Your environment, You will follow the applicable requirements in accordance with the Protocol. Furthermore, You should consider GoodData’s recommendation with respect to the requirements of the Protocol, as well as Your internal security and compliance standards and practices, and decide whether a corrective action is needed.
2.4. You will at all times remain responsible for following Your own internal security and compliance processes, standards, and policies in areas outside the scope of the Data Product’s implementation in accordance with the Protocol.
2.5. You assume full responsibility for the confidentiality, integrity, and availability of Your Customer Data in the Subscription Services to the extent it may be affected by Your or Your Users acts or omissions, including Your settings, configurations, or modifications to the Subscription Services, the Data Product, or any systems used to access or upload Customer Data to the Subscription Services.
3. SELF-SERVICE ENTERPRISE SHIELD INITIAL IMPLEMENTATION PROCESS
3.2. Scenario 2. This Section 3.2 describes the Self-Service Enterprise Shield implementation for existing Managed Enterprise Shield customers and new customers whose Data Product relies on ADS:
3.3. Scenario 3. This Section 3.3 describes the Self-Service Enterprise Shield implementation for existing customers who use ADS and do not have any Enterprise Shield Add-Ons:
3.3.1. Setup Package and PS Hours. If Your Data Product relies on ADS You will be required to purchase an Enterprise Shield “Setup Package” and Professional Services hours in order for GoodData to review the Data Product and implement any changes necessary to bring the Data Product into Compliance with the Protocol.
3.3.2. GoodData will provide You with all credentials and access tokens necessary to manage the Data Product. Whenever possible and practical, You must change the passwords, rotate the keys and to implement additional technical safeguards, such as IP whitelisting and access monitoring using the audit events API.
3.3.3. Upon delivery, You will assume responsibility for the Data Product’s Compliance with the Protocol going forward subject to Section 6 below.
4. YOUR RESPONSIBILITIES UNDER SELF-SERVICE ENTERPRISE SHIELD
4.3. You assume full responsibility for the confidentiality, integrity, and availability of Your Customer Data in the Subscription Services to the extent it may be affected by Your or Your Users acts or omissions, including Your settings, configurations, or modifications to the Subscription Services, the Data Product, or any systems used to access or upload Customer Data to the Subscription Services.
5. PROTOCOL REVIEWS AND MAINTENANCE REQUIREMENTS UNDER SELF-SERVICE ENTERPRISE SHIELD
5.1.2. In addition to the Protocol review conducted during the initial implementation as described in Section 2, You may request additional Protocol reviews no more than once in any 12 month period for no additional charge. More frequent Protocol reviews must be charged against Success Advisory hours. These subsequent reviews may be planned by You at Your own discretion and must be aligned with changes to the Data Product that may potentially bring it out of Compliance.
5.2. Protocol Compliance. During the applicable Subscription Term, You will: (a) ensure that the Data Product Complies with the Protocol throughout the Data Product’s lifecycle, and (b) monitor the GoodData Documentation portal, release notes, and service notifications and advisories.
5.3. Failure to Comply. If the Data Product is not in Compliance with the Protocol, then with respect to Sensitive Personal Data, GoodData will not be liable for any warranties, indemnities, or other liabilities or obligations under the Agreement that may arise during or result from any period of non-Compliance.
6. PROFESSIONAL SERVICES AND CUSTOMER SUCCESS ADVISORY HOURS
6.2. Scope of Services. Success Advisory services are limited to consultation and advice (including diagnostics and troubleshooting), but do not include any changes to Your production environment, implementation work, or software development conducted by GoodData personnel. You must engage GoodData’s Professional Services team for any services outside the scope of Success Advisory services and purchase the requisite number of Professional Services hours.
7. SWITCHING FROM SELF-SERVICE ENTERPRISE SHIELD TO MANAGED ENTERPRISE SHIELD
7.2. If You need assistance in deploying the Data Product into production, You must switch to the Managed Enterprise Shield Add-On as described above until the Data Product Goes Live.
8. DEFINITIONS
8.1. “Comply” or “Compliance” (and derivatives thereof) will mean that (a) a Protocol review has been requested and completed, and (b) following a Protocol review, (i) all requirements for which the Data Product has been deemed “Non-Compliant” by GoodData have been corrected (if any); and (ii) all requirements for which the Data Product has been deemed “Partially Compliant” (if any) have been addressed. The terms “Non-Compliant” and “Partially Compliant” are defined in Section 4 above.
8.2. “Data Product” means Your software product or software-as-a-service solution which is integrated into, or interacts directly with, the Subscription Services.
8.3. “Go-Live” and derivatives thereof refer to a Data Product becoming generally available to Your Users.
8.4. “Protocol” means (a) the GoodData Enterprise Shield security and compliance protocol published on the GoodData Support Portal, which describes appropriate measures and safeguards with respect to a Data Product’s use of the Subscription Services in conjunction with Sensitive Personal Data based on industry standards and best practices; and (b) additional security or compliance requirements GoodData may provide specific to You. The Protocol may not include Your internal processes, controls, policies, or standards.
GoodData Cloud Terms of Service
Version 1.2
Effective May 5, 2022
DownloadTable of Contents
GoodData Contracting Entity | Jurisdiction | Notice Address |
GoodData Ireland | Ireland | Attn: General Counsel 12 Merrion Square Dublin 2 Dublin, Ireland with copy to legal@gooddata.com. |
GoodData Corporation, a Delaware corporation | The State of California | Attn: General Counsel 1 Post St. Suite 400 San Francisco, CA 94104 with copy to legal@gooddata.com |
- GoodData analytics engine that performs analytical queries on data stored in customer-provided database.
- Analytics tools: LDM modeler, MAQL editor, Analytical Designer, and Dashboard Designer.
- GoodData.UI SDK that allows embedding analytical insights to web applications and portals.
- GoodData Python SDK that provides consumption and configuration of analytics to Python applications.
- Declarative API layer that enables consumption and configuration of analytics via REST APIs.
- GoodData Cloud’s supported database engines, integrations with user management platforms, single-sign-on, and other tools and functionalities are further described in the GoodData Documentation.
GoodData Patents
Version 1.1
Effective April 27, 2022
DownloadTable of Contents
- US Patent No. 9,870,543
- US Patent No. 10,810,522
- US Patent No. 9,286,329
- US Patent No. 10,121,157