Legal & Compliance in itm8
This site contains itm8 Holding A/S (and associated companies) ("itm8") legal terms for the delivery of our Services etc., as well as documents and policies that address our approach to compliance and governance in itm8.
The documents on the site are available to view online but can also be downloaded. If you have questions about the content, you can contact compliance@itm8.com
Terms and conditions
Your purchase of all types of products, deliverables and services (“Services”) from itm8 is governed by the Terms & Conditions, unless otherwise agreed in our specific agreement with you. These Terms & Conditions is supplemented by separate terms regarding licensing of itm8 owned software, third party and standard third party deliveries, which you will find below under the item "License Terms" and “Third Party Suppliers terms and conditions for Standard Third-Party Services”.
It is your responsibility as a customer to familiarize yourself with the content of the agreed terms for the delivery of agreed Services, etc.
Third Party Services
In the event that itm8 Services contains Third Party Services, additional terms, notices and/or information that may be applicable to such Third-Party Services. itm8's liability in connection with the use of Third-Party Services and the terms for replacement of and changes to Third Party Services are governed by the terms below.
The overview of Standard Third-Party Services used and applicable terms and conditions for access to and use of such services are available to Customers below under ‘Third Party Suppliers terms and conditions for Standard Third-Party Services’.
Commercial terms - Consultancy Services
The Commercial terms apply to itm8’s delivery of consultancy services unless otherwise specifically agreed in an agreement.
License terms
The Licence terms apply to the use of software (including Software-as-a-service) developed and owned by itm8.
Data Processing Agreement
In the event that itm8 is acting as a data processor for customers under an agreement (hereinafter “Service Agreement”), and unless otherwise agreed upon in the Service Agreement, any processing activity in terms of Article 4(2) of the General Data Protection Regulation (GDPR), will be subject to the itm8 Data Processing Agreement (hereinafter “Data Processing Agreement”) included in the link below. Itm8’s Data Processing Agreement serves as an integrated part of the applicable Service Agreement, including subsequent agreements on Services entered into between the parties in accordance with the Service Agreement. Itm8 A/S’s Data Processing Agreement is based on the Danish Data Protection Agency’s standard contractual provisions pursuant to the data protection regulation, Article 28, as these were published in December 2019.
Service Targets
Service targets applicable for customers with Managed Service agreements with active links to service targets.
Independent Assurance Report, Certifications and Appendices
Here you will find our independent assurance report and servicedescriptions that document that we are focused on continuously complying with current standards in the market regarding e.g. IT security and GDPR.
Security on our locations and Operational Centers
A high level of security at our locations and in our operational centers has a high priority. Here you will find our instructions for employees and visitors at our locations and in our operational centers.
Terms for external suppliers and business partners
itm8 wishes to create a trusting collaboration with the various suppliers and business partners ("Business Partners") that interact with itm8. This commitment is based on obeying the laws in force in the different jurisdictions in which it operates and on displaying conduct in line with itm8's culture and values of Integrity, Excellence, Trust, Sustainability, and Profitability ("Compliance culture").
Here you find our requirements for suppliers and business partners. The content is derived from the itm8 Code of Conduct, and compliance is mandatory for all of our Business partners, regardless of their geographic location or the Group company to which they are contractually bound.
However, if Business partners can show that they have a Code of Conduct and other internal rules similar in content to those required under this section, these will, in agreement with itm8, be able to take the place of the below.
itm8 also has a number of basic legal requirements for the deliveries from our Business Partners, in which connection our Terms and Conditions of Purchase will apply and take precedence over any Delivery Terms & Conditions from the Business Partner.
Compliance in itm8
Compliance refers to the fulfillment of obligations, both mandatory and as a result of compliance with laws, as well as other principles and guidelines that itm8 has decided to assume voluntarily.
At the epicenter of the itm8 Compliance Culture is the Code of Conduct, which sets out the behavior guidelines expected of all Group Companies. In this regard, all workers, managers and people linked to itm8 are expected to comply with the aforementioned Code, as well as with the rest of the internal policies.
Third Party Suppliers terms and conditions for Standard Third-Party Services
When delivering our Services, products, software etc., we utilise third-party deliverables, including Standard Third-Party Services. These are defined as deliveries from a Third-Party supplier that do not specifically contribute to the fulfilment of a single agreement between a customer and us. They are characterised as a standard service used by itm8 as a supporting delivery to a multitude of customers. Furthermore, such deliveries are provided on standard terms from the supplier. Please find the applicable Third-Party Terms for these Standard Third-Party Services here.
As a customer, it is your responsibility to familiarise yourself with the content of these terms. Please note that the suppliers can continuously change the terms, therefore it is important that you keep yourself informed about the currently valid versions of the terms.
Use of Sub-data Processors
In our Services we can utilize Third Party Suppliers, that also as part of the execution of their deliveries will become a sub-processor for itm8, to ensure optimized solutions for our customers. Here you will find the list of sub-processors supporting the delivery of our services.
The list is updated continuously, and it is therefore important that you as a customer keep yourself informed about our choice of new business partners.
