Iron Mountain Mobile application end user license agreement
Iron Mountain mobile application end user license agreement
This Iron Mountain Mobile Application End User License Agreement (“EULA”) governs your use of the Iron Mountain® mobile application ("Application"). You acknowledge and agree to be bound by the terms of this EULA by taking one or more of the following actions: clicking on an accept button or similar buttons or links to show these terms, installing the Application, or otherwise accessing or using the Application. Subject to this EULA, your use of this Application and any associated services are governed by any other rules or policies that Iron Mountain may make available on its website or update from time to time.
1. Subject to the terms and conditions of this EULA, Iron Mountain grants you a limited, worldwide, non-exclusive, royalty-free, revocable right to use the Application only for your business use in accordance with the terms contained herein. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g., your wireless data service agreement).2. Iron Mountain owns, or is the licensee to, all right, title, and interest in and to the Application together with the underlying database and code, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not (nor allow third parties on your behalf to) modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from the Application and you will not remove, obscure, or alter Iron Mountain's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Iron Mountain Application.
3. You understand that by using the Application, you consent to the collection, use and disclosure of your personally identifiable information and aggregate data solely in accordance with this EULA and the Privacy Notice attached hereto as Exhibit A.
4. The application may not contain the same functionality available on the https://www.ironmountainconnect.com or https://www.ironmountain.com/en-ca/login websites.
5. The Application is currently made available to you free of charge for your business use. Iron Mountain reserves the right to amend or withdraw the Application at any time and for any reason.
6. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges that may arise. You accept responsibility for any such charges that arise.
7. If you are not the bill payer for the mobile device being used to access the Application, you warrant and represent that you have received permission from the bill payer for using the Application. Additionally, if you are able to access Iron Mountain Connect or RequestWeb with your username and password, you warrant and represent that you have the appropriate permission from your employer to access the Iron Mountain Connect or RequestWeb portals by using the Application.
8. The Application is available to mobile devices running Apple iOS and Android OS Operating Systems. Iron Mountain will use reasonable efforts to make the Application available at all times. However, you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Iron Mountain’s reasonable control.
Iron Mountain, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
9. The version of the Application software may be upgraded from time to time to add support for new functions and services.
10. Iron Mountain may terminate use of the Application at any time without providing notice of termination to you. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Application.
11. You expressly acknowledge that use of the application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the application and any services performed or provided by the application (" services") are provided " as is" and “as available”, with all faults and without warranty of any kind to the extent permitted by law, and iron mountain hereby disclaims all warranties and conditions with respect to the application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/ or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Iron mountain does not warrant against interference with your enjoyment of the application, that the functions contained therein or services will meet your requirements, that the operation of the application or services will be uninterrupted or error-free, or that defects in the application services will be corrected. No oral or written information or advice given by iron mountain or its authorised representative shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusions and limitations may not apply to you. To the extent not prohibited by law, in no event shall iron mountain, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the application be liable for personal injury, or any direct, incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to this eula, the application, or your use or inability to use the application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if iron mountain has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and the parties acknowledge that iron mountain would not grant access to the application without your agreement to this term.
Iron mountain is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the application.
If any statutory guarantees apply to the application provided under this eula, iron mountain limits its maximum liability under any non-excludable statutory guarantee or warranty to the original purchase price paid by you for the application.
12. Iron Mountain has not vetted the Application for each country in which you may access or use the Application, and Iron Mountain makes no representation that materials in the Application are appropriate or available for use in your location. If you choose to access or use the Application, you are responsible for compliance with local laws.
13. In the event any disputes arise relating to your use of the Application, all such disputes shall be governed in all respects by the laws of the Commonwealth of Massachusetts, United States of America.
Exhibit a – privacy notice
Your privacy is important to iron mountain
This Privacy Notice is adopted by the local Iron Mountain entity which will use your personal information when you access our portals through Iron Mountain Mobile Application (“App”). In addition, Iron Mountain Incorporated, its European subsidiaries and joint venture partners which are part of the Iron Mountain service system, and other entities which directly or indirectly are controlled by Iron Mountain (each, an Affiliate; Iron Mountain and its Affiliates being collectively referred to as “Iron Mountain”, "we", "us") may also process your personal information.
Where we collect your information to allow you access and use of the Iron Mountain Mobile Application, the local Iron Mountain entity is responsible for the processing of your personal data and will act as data controller.
Iron Mountain understands your concerns about the privacy of data you may submit through the Iron Mountain Mobile application. This Notice provides information about what type of data is gathered and tracked on the App, how the data is used, and with whom the data is shared. You should also review Iron Mountain’s Privacy Notices of our websites/portals which contain our commitment to protecting our customers’ privacy. By downloading the App, you agree to the terms and conditions of this Notice.
1. The data we collect
Iron Mountain collects two types of data from users of the App: “Personal Data” (anything which identifies an individual, either on its own or by reference to other data) and “Aggregate Data” (non-personally identifiable and anonymous data).
Personal Data (such as names, addresses, telephone numbers, or email addresses) is only collected when you voluntarily submit it through the App, such as during the registration process, or when entered into a data field. Other data that may also constitute Personal Data (such as device version, the number of times the App has been used by you, dates you used it, and the amount of time spent using the App) and Aggregate Data (such as how many times visitors log onto this App generally) may also be collected.
Other data collected specifically by the App includes, but is not limited to:
- Device model
- Whether the device is jailbroken
- Last time the App was opened
- OS version
- City/country (Approximated from IP location)
- App version
- First install of App
- SDK version
Please note that once you have accessed the App and provided your log-in credentials (username and password), you will be accessing either the IMConnect or RequestWeb portals. Your use of IMConnect or RequestWeb, including any Personal Data collected by Iron Mountain during your use of these portals, is governed by the applicable Privacy Notice for each. A copy of the IMConnect Privacy Notice is available via IMConnect.
2. Legal basis for collecting & using your personal data
The use of your Personal Data will be justified by one condition for processing. In the majority of cases this condition will be that:
- you have provided your consent to us using the Personal Data for the purpose of providing you access to the App;
- our use of your Personal Data is in our legitimate interest as a commercial organisation (for example to enhance or administer the App), provided it is conducted at all times in a way that is proportionate, and that respects your privacy rights.
3. How we use the data we collect
The data collected through this App will primarily be used for the purpose of providing access to the IM Connect or RequestWeb portals and so to verify your identity (we may send you push notifications that are relevant to your use of the App). Additionally we may use the data we collect to administer and enhance the App.
4. The information we disclose
Access to Personal and Aggregate Data will be limited to the purposes provided for by this Notice. Iron Mountain will at all times comply with applicable privacy and data protection legislation.
We and our service providers (as defined below) may disclose and share Personal and Aggregate Data:
- among Iron Mountain and our Affiliates;
- to third party service providers (“Service Providers”) that perform services for us or on our behalf (including those which may help manage our IT and back office systems). Such Service Providers are required under their contract with us to handle Personal Data in accordance with applicable laws and principles related to privacy and data protection.
5. Cross-border transfer
Iron Mountain’s Affiliates and Service Providers are located throughout the world. Accordingly, your Personal Data may be sent to countries which have different levels of data protection laws than your country of residence. Iron Mountain complies with all applicable laws before transferring Personal Data to a recipient in a country with data protection laws that do not have a data protection standard equivalent to the laws where you live.
We will always take steps to ensure that any international transfer of information is carefully managed to protect your rights and interests. For further details please see the local privacy notice that you can access at our local website.
6. Your rights and how to request changes
For further details please see the local privacy notice that you can access at our local website
7. Notification of changes
We recommend that you check this Notice every time you visit our App as we may update it from time to time, by posting the amended notice on this App. Any changes will be effective when posted and your continued use of the App or not objecting to the use of your Personal Data by the App will indicate your acceptance of any changes.
8. How we protect and store your data
We take the security of the information we collect seriously. We have implemented and we maintain technical and organisational security measures, policies and procedures intended to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the data concerned.
For further details please see the local privacy notice that you can access at our local website.
9. Retention of your personal data
We will retain your Personal Data for as long as is reasonably necessary for the purposes for which it was collected, as explained in this Notice. In some circumstances we may retain your Personal Data for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax or accounting requirements.
In specific circumstances we may retain your Personal Data for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges.
10. Contact us
If you have any questions, concerns or complaints regarding our compliance with this Notice and the data protection laws or if you wish to exercise your rights, we encourage you to first contact us. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Data in accordance with this Notice and the notice of the relevant portal that you access through this App.
Questions regarding this Notice
If you have questions concerning this Notice, you can contact us at:
Iron Mountain Data Protection Officer
Iron Mountain Europe
Czuczor utca 10
You can also contact us via e-mail at email@example.com or by writing to the Global Privacy Officer, Iron Mountain, 1 Federal Street, Boston, MA 02110, U.S.A.