Terms of Use and Privacy Notice
This agreement ("Agreement") governs your access to, and use
of, the Project Mapper software and services at https://emeaapps.jacobs.com/apps/pm/pm.html (“Project Mapper” or the
"Application"), and any information, text, graphics, or other
materials uploaded, downloaded or appearing on the Application. For definitions
of defined terms herein, you are referred to the Definitions Section at the end
of this Agreement.
WHO WE ARE AND HOW TO CONTACT US
Project Mapper is operated by Jacobs U.K. Limited (“Jacobs”, “We”, “Us”
or the “Supplier”). The Supplier is
registered in England and Wales under company number 02594504 and has its
registered address at Cottons Centre, Cottons Lane, London, SE1 2QG,
United Kingdom.
To contact the Supplier, please email our Project Mapper team at projectmapper_support@jacobs.com.
Jacobs and its suppliers own all Intellectual Property Rights in the
Application. The works within this Application is
protected by copyright laws and treaties around the world. All such rights are reserved.
The Supplier has, subject to a project agreement entered
into with the Customer
(the “Customer Agreement”), agreed to allow the Customer (and you, the End User) to use
the Application, Services and User Documentation.
The Customer
has provided you as End User with access to the Application, Services and User
Documentation subject to the terms of this Agreement and the Customer Agreement
(together referred to as the “Terms”).
BY USING THIS APPLICATION YOU ACCEPT THE TERMS
Your compliance as End User with the Terms is a condition of your access
to and use of the Application. By accessing or
using the Application you agree to be bound by the Terms. Please read the Terms carefully
before using the Application. If you do not accept the Terms, do not use the
Application.
If you do not comply with the Terms, and/or the Customer or the Supplier suspect that
you are not complying with the Terms, the Customer
or the Supplier may end your right to use the Application, Services and User
Documentation.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
The Supplier has the right to disable
any user identification code or password, whether chosen by you or allocated by
us, at any time, if in our reasonable opinion you have failed to comply with
any of the provisions of the Terms. If
you know or suspect that anyone other than you knows your user identification
code or password, you must promptly notify us at projectmapper_support@jacobs.com.
HOW YOU MAY USE MATERIAL ON THE APPLICATION
1. PERMISSIONS
You are permitted to:
1.1 access any part of the Application which your log in permissions allow;
1.2 print a copy of any or all of the pages contained in the Application
for the purposes for which access to this Application was granted only;
1.3 download copies of information contained within the Application solely
for the purposes for which access to this Application was granted;
1.4 only use the information contained on the Application for the
purpose for which access to this Application was granted;
1.5 use the Application, Services and User Documentation only for lawful
purposes and in accordance with this Agreement.
You are prohibited from:
1.6 sub-licensing or transferring your rights to any third party at any time;
1.7 accessing the Application if you cease to be an employee or
authorised third party of the Customer,
or if the purpose for which you have been given access to the Application has
ceased. Your unauthorised access to the Application will be a breach by you of the
Terms;
1.8 uploading any defamatory, pornographic, racist, offensive or
unlawful material of any kind to the Application, including (without
limitation) anything infringing the intellectual property rights, confidence or
privacy of any person, anything published in breach of obligations, or any
inducement or incitement to breach of obligations or of law;
1.9 copying (whether by printing on to paper, storing on disk or in any
magnetic or electronic format, downloading or in any other way), distributing (including
distributing any copies), transmitting, broadcasting, displaying, publishing,
licensing, performing in public, altering, adapting, tampering, creating
derivative works from, transfer, or otherwise use the Application or any part
of it except as expressly permitted above;
1.10 removing any copyright, trademark or other intellectual property
notices contained in the Application.
2. CUSTOMER DATA
2.1 You and the Customer
are entirely responsible for Customer
Data and your use of it for any purpose.
2.2 You must not enter, upload, transmit into or download from the
Application any item of Customer
Data or any message or material that:
a. is defamatory, racist or sexist, threatening or menacing to any
person or group of people, or contains any obscene elements or which in the
Supplier's reasonable opinion is likely to cause annoyance or distress to any person;
b. infringes the copyright or other Intellectual Property Rights of any
other person, company or partnership, anywhere in the
world; or
c. infringes any applicable data protection laws or regulations anywhere
in the world.
2.3 The Customer
Data may contain data of a personal nature, for which the Customer is the
Data Controller. You may also be required to input, create
or otherwise provide your own or others’ Personal Data. You and the Customer are
entirely responsible for using the Application in accordance with the
Applicable Data Protection Law.
3. HOW THE SUPPLIER MAY USE YOUR PERSONAL
DATA
For the purposes of this clause 3, the
Supplier is Controller of your Personal Data in the areas described in this
Agreement. The Supplier shall comply with its
obligations under the Applicable Data Protection Law.
3.1 What Personal Data do we collect
Provision of personal data is neither a
statutory nor contractual requirement, or a requirement necessary to enter into a contract. If you do not provide the requested data we may not be able to respond to your respective
queries.
We may collect, use, store and transfer
different kinds of Personal Data about you which we have grouped together as
follows:
•
Identity data may include title, first name, last name and
job title.
•
Contact data may include business email address, telephone numbers, company name.
•
Technical data may include internet protocol (IP) address, your business email address,
browser type and version, time zone setting and location, browser plug-in types
and versions, operating system and platform, and other technology on the
devices you use to access this website.
•
Profile data may include your username (business email address).
•
Usage data may include information about how you use our Application, Services and
User Documentation (pages viewed, links clicked, data submitted, data exported,
on specific dates and time).
•
Communication data may include records of email communications and phone calls with the Project
Mapper support team or in call logging system.
We do not collect any Special Categories of Personal Data
about you (this includes details about your race or ethnicity, religious or
philosophical beliefs, sex life, sexual orientation, political opinions, trade
union membership, information about your health, and genetic and biometric
data). Nor do we collect any information about criminal convictions and
offences.
3.2 If you fail to provide Personal Data
Provision of personal data is neither a
statutory nor contractual requirement, or a requirement necessary to enter into a contract.
Where we need to collect Personal Data
by law, to run the Application or to give effect to the Terms, and you fail to
provide that data when requested, we may not be able to provide you with access
to the Application and Services and we may not be able to respond to your
queries. Should this occur, we will
notify you if this is the case at the time.
3.3 How we use your Personal Data
We will only use your Personal Data
when the law allows us to and most commonly in the
following circumstances:
•
Where we need to perform the Agreement with you or the Customer
Agreement
•
Where it is necessary for our legitimate interests (or those of a third
party) and your interests and fundamental rights do not override those
interests.
•
Where we need to comply with a legal obligation.
3.4 Purposes for which we will use your Personal Data
We have set out below, in a table
format, a description of all the ways we plan to use your Personal Data, and
which of the legal bases we rely on to do so. We have also identified what our
legitimate interests are where appropriate.
|
Purpose/Activity |
Type of data |
Lawful basis for processing including basis of
legitimate interest |
|
To register you as a new User |
(a) Identity data (b) Contact data |
Performance of a contract with the Customer |
|
To authenticate your user session and let you
access the Application |
(a) Identity data (b) Technical data (c) Profile data |
(a) Performance of a contract with the Customer (b) Necessary for our legitimate interest (provision
of administration and IT services, network security and to prevent fraud) (c) Necessary to comply with a legal obligation |
|
To send you asset monitoring alerts generated by
the Application |
(a) Contact data |
Performance of a contract with the Customer |
|
To monitor calls with the support team and
support you in your use of the Application, Services and User Documentation |
(a)
Identity
data (b)
Contact
data (c)
Communication
data |
Performance of a contract with the Customer |
|
To administer and protect our business and this
website (including troubleshooting, data analysis, testing, system
maintenance, support, reporting and hosting of data) |
(a) Identity data (b) Contact data (c) Technical data |
(a) Necessary for our legitimate interests (for
running our business, provision of administration and IT services, network
security, to prevent fraud and in the context of a business reorganisation or
group restructuring exercise) (b) Necessary to comply with a legal obligation |
|
To monitor your use of the Application and your
compliance with the Terms |
(a) Profile data (b) Technical data (c) Usage data |
(a) Performance
of a contract with the Customer (b) Necessary
for our legitimate interest (provision of administration and IT services,
network security and to prevent fraud) (c) Necessary to comply with a legal obligation |
The Application uses essential cookies only to authenticate your access.
Cookies are small text files that are stored on your computer or device to
collect information from you automatically and distinguish you from other users
when you visit a website, and have different
functions.
You may change your cookie settings through your browser and the help
section. For example, in Internet Explorer you can refuse all cookies by
clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all
cookies” using the sliding selector.
However, we only use essential cookies to authenticate users and prevent
fraudulent use of user accounts, to allow us to track your individual user
session and enable you to use the Application. If you change your cookie
setting or preferences, you will not be able to access the Application.
You will need to accept our cookies when the cookie popup displays on
your screen to be able to access the page.
You can find information on cookies and
web beacons at http://www.allaboutcookies.org/.
3.6 Whom are we sharing your Personal Data with
Your Personal Data is securely stored
within our encrypted servers and can only be accessed by our Project Mapper team
solely for the purpose of providing the Services.
Your Personal Data may also be shared,
consistent with applicable law and in accordance with the purposes each time
served, as follows:
·
With third parties as may be required to provide the Services and as per
the Terms, or as specifically agree between the Customer and the Supplier (for example,
auditors in the case of an audit);
·
With law enforcement agencies if required by law and under the relevant
safeguards for the protection of your fundamental rights, in particular where the
Supplier reasonably believes unlawful activities, fraud, or bodily injury or
death have occurred, or the Personal Data may aid an ongoing investigation.
3.7 How long are we keeping your Personal Data for
We will only store and process your
Personal Data for as long as we need it to deliver the Services to you and the Customer and as
per any retention plan agreed with the Customer
in the Customer Agreement. This typically means that we will delete all records
on termination of the Customer Agreement, or after a short archiving period
agreed with the Customer
(6 months as a default, unless agreed otherwise with the Customer).
4.1 You have the right to enquire about how we are processing your
Personal Data and to request access to or a copy of the Personal Data we are
holding for you. In addition to this, you can object to our processing of your
Personal Data, and request correction, amendment, deletion
or restriction of the processing of your Personal Data and data portability. To
do so please contact the Project Mapper team at projectmapper_support@jacobs.com.
If you are unhappy with how we’ve handled your Personal Data, please
contact the Supplier at: privacy@jacobs.com.
If you are not satisfied with our response to your complaint or believe
our processing of your Personal Data does not comply with the applicable data protection
laws, you can make a complaint to the data protection authority in the country
where you usually reside, your country of work or the country of alleged
infringement.
For EU residents, you can find your local authority here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
4.2 The Freedom of Information (FOI) Act gives the right for anyone to
access recorded information held by a public body or non-public body carrying
out a public function. By using the Application you
consent to your data and/or Personal Data being subject to FOI requests. Where
the Supplier receives these requests it will endeavour
to consult you and gain your consent prior to disclosure, however this will be
subject to requirements under law.
5. SUPPLIER RIGHTS
5.1 The Application and the information contained in it are provided for
your use "AS IS" without any express or implied warranties, representations or endorsements of any kind. The Supplier
does not accept any liability or loss of damage of any kind arising from any
inaccuracy or omission in or the use of or reliance upon any information on the
Application.
5.2 COPYRIGHT: The concepts and information contained in this document
are the property of the Supplier.
5.3 If at any time you are not in compliance with any applicable law or
regulation, the Supplier will be entitled at its sole discretion to suspend
and/or terminate the Services for you or any such End User.
RESPONSIBILITY FOR WEBSITES LINKS
The Application may contain links to
other websites. Neither the Supplier nor any member, director, employee,
officer, or agent of the Supplier assumes any responsibility for the owners or
operators of such other websites, any goods and services
they supply, or the content of their websites. No condition, warranty or other
terms or representation is given in relation to any such website (including any
liability arising out of any claim that the content of any external website to
which this Application includes a link infringes the intellectual property
rights of a third party). Hypertext links are not to be taken as an endorsement
of such websites or as a warranty that such websites will be free of viruses or
other such items of a destructive nature.
The Supplier does not
control and cannot be responsible for the content or privacy practices of
website links referred to in this Agreement.
WE MAY MAKE CHANGES TO THE AGREEMENT OR THE APPLICATION
5.5 The Supplier may update and change
the Application from time to time to reflect changes to the product available,
user needs or business priorities.
5.6 This Agreement shall be governed by and construed in accordance with
the laws of England and Wales.
6. DEFINITIONS AND INTERPRETATIONS
In this Agreement the following
expressions shall have the following meanings unless the context otherwise
requires:
|
"Applicable
Data Protection Law" |
means the GDPR / General Data Protection
Regulation ((EU) 2016/679 (“GDPR”), read in conjunction with and subject to
any applicable UK national legislation that provides for specifications or
restrictions of the GDPR’s rules; or from the date of implementation, any
applicable legislation that supersedes or replaces the GDPR in the UK or
which applies the operation of the GDPR as if the GDPR were part of UK
national law, which may include the Data Protection Act 2018; |
|
"Customer" |
means
the client with whom the Supplier has entered a contract with to deliver the Project
Mapper Services, for which the use of this Application is required; |
|
"Customer
Data" |
means data input or created by the Customer or
any Customer End User in using the Application and Services, and which could
include Personal Data; |
|
"End
User" |
means you and any person, being a current
employee or third party of the Customer authorised by the Customer to use the
Application, Services and User Documentation; |
|
"Intellectual
Property Rights" |
means all patents, database rights, inventions,
rights in designs, trademarks, copyright and all other intellectual property
rights and other rights and forms of protection of a similar nature or effect
which may subsist, anywhere in the world for the full term of such rights and
any extensions or renewals thereof subsisting prior to, at or after the date
of this Agreement (whether or not any of these rights are registered, and
including applications and the right to apply for registration of any such
rights as registered rights anywhere in the world); |
|
means
such of the Customer Data as constitutes “personal data” in accordance with
the Applicable Data Protection Law; |
|
|
"Services" |
means the services to be provided by the Supplier
under this Agreement and as further described in the Customer Agreement or
any related services agreement between the Supplier and the Customer; |
|
"User
Documentation" |
means any information which may be distributed or
otherwise made available by the Supplier to the Customer and Customer End
Users either online or in any other format, providing instructions and
guidance in the use of the Services and Trial Application by them, and which
may be amended or updated from time to time by the Supplier. |
I agree to the Project Mapper Terms of Use