The legal bit

This document constitutes a Supply of Goods and Services Agreement ("Agreement") concerning the provision of SIMs and Connectivity Services. It is entered into by: (1) S-IMSY Ltd, a company registered in England & Wales (15594994), and registered address 1 Fishers Road, Southampton, Hampshire, UK, SO40 9JB ("S-IMSY"); (2) and the party specified in the Order ("You"). By using our services you agree to be bound by this Agreement and the terms contained within it, unless you have an alternative agreement with S-IMSY that specifically excludes You from being bound by this Agreement. If an individual places an Order and agrees to this Agreement on your behalf, you confirm that such individual is duly authorized to act on your behalf and bind you as a party to this Agreement.

1. Definitions

API: means an Application Programming Interface we make available to you in connection with your use of the Platform.

API Documentation: means all documents made available in connection with your use of the API including user guides and technical documentation up to date copies of which can be found via our Website.

Account: means a user account, which is created for the purpose of accessing the Platform.

Affiliate: in relation to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party from time to time.

Applicable Laws: all applicable laws, statutes, regulations from time to time in force.

Applicable Data Protection Laws: means:

a. To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data.

b. To the extent the EU GDPR applies, the law of the law of the European Union or any member state of the European Union to which we are subject, which relates to the protection of personal data.

Authorised Provider: means a third party who we have authorised to sell and distribute SIMs on our behalf.

Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

Business Hours: 9am-5pm on a Business Day.

Charges: any sums which you are required to pay under this Agreement.

Commencement Date: means the earlier of: (a) the supply of the SIMs by us or an Authorised Provider; and (b) the date on which you enter into this Agreement.

Connectivity Charges: means the charges payable by for Connectivity Services.

Connectivity Services: means access to mobile data connectivity and SMS services through use of SIMs embedded or otherwise installed within a Device which enables the transmission of information between Devices and computer servers or other machines or devices.

Credit: means the balance of credit allocated to your SIMs based on the amount of Connectivity Charges paid which enables you to receive the benefit of the Connectivity Services.

Device: means a device which is used directly or indirectly by you in order to receive the benefit of the SIMs and Connectivity Services provided under this Agreement.

Documentation: means all documents made available in connection with the Agreement including user guides and technical documentation up to date copies of which can be found via our Website.

End-User: means an end-user making use of the Services whether that be you or another individual who you have re-sold the Services to in accordance with the provisions of this Agreement.

End-User Portal: means the portal through which you enable End-Users to access the Services when reselling the Services which shall either be: (a) through the Platform on a white labelled basis; or (b) through a separate application, software or platform that is connected to the API.

EU GDPR: means the General Data Protection Regulation ((EU) 2016/679), as it has effect in EU law.

GSMA Guidelines: means the GSMA standard guidelines for device efficiency, as set forth in the GSMA IoT Device Connection Efficient Guidelines version 7.1, dated 9 June 2021, as amended from time to time.

Intellectual Property Rights: patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Mobile Carrier: means any mobile network operator, mobile virtual network operator, or other third party that enables, directly or indirectly, Connectivity Services under this Agreement.

Mobile Carrier Conditions: are limitations, restrictions, terms, conditions and obligations relating to the Connectivity Services of any specific Mobile Carrier which are provided to you via our Website, Platform or otherwise and as may be established and/or amended from time to time.

Order: means an order for SIMs and/or Services placed by you.

Platform: means the platform supplied by S-IMSY under this Agreement via the Website which enables you to monitor and control the SIMs and Connectivity Services.

Platform Documentation: means all documents made available in connection your use of the Platform including user guides and technical documentation up to date copies of which can be found via our Website.

Platform Fee: the fee for being granted access to use the Platform as specified on the Price List.

Price List: S-IMSY’s price list for the Charges which may be updated by us from time to time.

Roaming List: means a list of countries where the Connectivity Services will be available published by S-IMSY on the Website as may be amended from time to time.

Services: the provision of SIMs, the provision of the Platform, the API and the Connectivity Services.

SIMs: a subscriber identity module chip, which may be installed into a Device to enable that Device to receive the Connectivity Services.

UK GDPR: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

Usage Charges: the charges for using the Connectivity Services as specified the Price List.

VAT: value added tax or any equivalent tax chargeable in the UK or elsewhere.

Website: means S-IMSY’s website currently at [https://www.s-imsy/] or any other web address we notify you of from time to time.

1.2 – Clause, Schedule and paragraph headings shall not affect the interpretation of this Agreement.

1.3 – A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.4 – Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.5 – Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, s-imsy.com (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Content” Means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site

“We/Us/Our” Means S-IMSY Ltd, a company registered in England under 15594994, whose registered address is 1 Fishers Road, Southampton, Hampshire, UK, SO40 9JB

Information About Us

2.1 Our Site S-IMSY.com is owned and operated by S-IMSY Ltd, a limited company registered in England under 15594994 whose registered address is 1 Fishers Road, Southampton, Hampshire, UK, SO40 9JB.

Access to Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

Intellectual Property Rights

4.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

4.2 Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

4.3 You may:

4.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

4.3.2 Download Our Site (or any part of it) for caching;

4.3.3 Print one copy of any page from Our Site;

4.3.4 Download extracts from pages on Our Site; and

4.3.5 Save pages from Our Site for later and/or offline viewing.

4.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

4.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

4.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

Links to Our Site

5.1 You may link to Our Site provided that:

5.1.1 You do so in a fair and legal manner;

5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

5.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and

5.1.4 You do not do so in a way that is calculated to damage Our reputation, misrepresent the information or to take unfair advantage of it.

5.2 You may link to any page of Our Site

Framing or embedding of Our Site on other websites is not permitted without Our

express written permission. Please contact Us at info@s-imsy.com for further information.

5.3 You may not link to Our Site from any other site the main content of which contains material that:

5.3.1 is sexually explicit

5.3.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;

5.3.3 promotes violence;

5.3.4 promotes or assists in any form of unlawful activity;

5.3.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

5.3.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

5.3.7 is calculated or is otherwise likely to deceive another person;

5.3.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

5.3.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);

5.3.10 implies any form of affiliation with Us where none exists;

5.3.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or

5.3.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

5.4 The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

Disclaimers

7.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to Connectivity and Communications.

7.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

7.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up to date.

Our Liability

8.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

8.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

8.3 We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

8.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

8.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

Viruses, Malware and Security

9.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

9.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

9.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

Acceptable Usage Policy

You may only use Our Site in a manner that is lawful. Specifically:

10.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

10.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

10.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

10.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

10.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:

10.2.1 suspend, whether temporarily or permanently, your right to access Our Site;

10.2.2 issue you with a written warning;

10.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

10.2.4 take further legal action against you as appropriate;

10.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

10.2.6 any other actions which We deem reasonably appropriate (and lawful).

10.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from https://s-imsy.com/terms-conditions. These policies are incorporated into these Terms and Conditions by this reference.

Changes to these Terms and Conditions

12.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

12.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

Contacting Us

To contact Us, please email Us at info@s-imsy.com

Communications from Us

14.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.

14.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 5 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.

14.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at info@s-imsy.com.

Data Protection

15.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://s-imsy.com/privacy-policy/

Law and Jurisdiction

16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.

16.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

16.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

16.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wale

S-IMSY Ltd is a company registered in England and Wales with company number 15594994 and whose registered office is at 1 Fishers Road, Southampton, Hampshire, UK, SO40 9JB (We, Us, Our) and are committed to protecting and respecting your privacy.

This Privacy Policy (Policy), together with any other documents referred to on s-imsy.com (Our Site) set out the basis on which any personal data We collect from you, or that you provide to Us, will be processed by Us for the purpose of any and all applicable data protection legislation in force from time to time including but not limited to the Data Protection Act 1998 and any replacement legislation, the General Data Protection Regulation (Regulation (EU) 2016/679), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive 2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and any replacement legislation and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or any other supervisory authority, and the equivalent of any of the foregoing in any relevant jurisdiction (DP Legislation).

Please read the following carefully to understand Our views and practices regarding your personal data and how We will treat it. By continuing to use Our Site or any of the functionalities displayed on it you are accepting and consenting to the practices described in this Policy.

Information we may collect from you

We may collect and process the following data about you:

Information you give Us. You may give Us information about you by filling in forms on Our Site or by corresponding with Us by phone, e-mail or otherwise. This includes information you provide when you use the contact functionalities via Our Site, participate in any interactive services which We operate via Our Site or social media platforms, enter a competition, promotion or survey, and when you report a problem with Our Site. The information you give Us may include without limitation your name, address, e-mail address and phone number, financial and credit card information, membership details, lifestyle and social circumstances, education and employment details, racial or ethnic origin, religious or other beliefs of a similar nature, personal description and photograph.

Information We collect about you. With regard to each of your visits to Our Site We may automatically collect the following information:

• technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

• information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from Our Site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call Our customer service number.

• Information We receive from other sources. We may receive information about you if you use any of the other websites We operate from time to time or the other services We provide. We may also work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, survey and research organisations, professional advisors, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

• We also keep a record of merchant company information, address details and primary/support contacts within your user profile section. All data held is accessible to Our merchant customers through their unique secure login.

Uses made of the information

We use information held about you in the following ways:

Information you give to Us. We will use this information:

• to carry out Our obligations arising from any contracts entered into between you and Us and to provide you with the information, products and services that you request from Us;

• to maintain Our accounts and records, undertake research and to support and manage Our employees;

• to provide you with information about other products and services We offer that are similar to those that you have already purchased or enquired about (where and to the extent that you have positively opted-in to receive the same);

• (where and to the extent that you have positively opted-in to receive the same) to provide you, or permit selected third parties to provide you, with information about products or

services We feel may interest you. If you are an existing customer, We will only contact you by electronic means (e-mail or SMS) with information about products and services

similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where We permit selected third parties to use your data,

We (or they) will contact you by electronic means only if you have consented to this. If you do not want Us to use your data in this way, or to pass your details on to third parties

for marketing purposes, please tick the relevant box situated on the form on which We collect your data or otherwise notify Us in writing;

• to notify you about changes to Our service;

• to ensure that content from Our Site is presented in the most effective manner for you and for your computer.

Information We collect about you. We will use this information:

• to administer Our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

• to improve Our Site to ensure that content is presented in the most effective manner for you and for your computer;

• to allow you to participate in interactive features of Our service, when you choose to do so;

• as part of Our efforts to keep Our Site safe and secure;

• to measure or understand the effectiveness of advertising We serve to you and others, and to deliver relevant advertising to you;

• to make suggestions and recommendations to you and other users of Our Site about products or services that may interest you or them.

Information We receive from other sources. We may combine this information with information you give to Us and information We collect about you. We may Us this information

and the combined information for the purposes set out above (depending on the types of information We receive and where applicable, where and to the extent that you have positively

opted-in to receive the same).

Disclosure of your information

Where and to the extent that you have positively opted-in to permit Us to do so, We may share your personal information with any member of Our group from time to time, which means Our subsidiaries, Our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. Where and to the extent that you have positively opted-in to permit Us to do so, We may share your information with selected third parties including:

• Business partners, suppliers and sub-contractors for the performance of any contract We enter into with them or you.

• Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. Analytics and search engine providers that assist Us in the improvement and optimisation of Our Site.

• Survey and research organisations.

• Credit reference agencies for the purpose of assessing your credit score where this is a condition of Us entering into a contract with you. We may disclose your personal information to third parties:

• In the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets, where and to the extent that you have positively opted-in to permit Us to do so.

• If We are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply contractual agreements; or to protect Our rights, property, or safety and those of Our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Where we store your personal data

Whilst not presently the case, the data that We collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for Us or for one of Our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy and in the event that this ever becomes necessary shall ensure that this is carried out subject to a Data Transfer Agreement for compliance with the Act. All information you provide to Us is stored on Our secure servers. Any payment transactions will be encrypted between the Our platform and the payment partner processing the payment. We do not store any card holder data or sensitive authentication data. Where We have given you (or where you have chosen) a password which enables you to access certain parts of Our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although We will do Our best to protect your personal data, We cannot guarantee the security of your data transmitted to Our Site; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.

How long we keep your personal data

We will keep your personal data for a period of your contracted term.

Your rights

You have the right to ask Us to rectify that information at any time. You may also have the right, in certain circumstances, to request that We delete your personal information, to block any further processing of your personal information or to object to the processing of your personal information. There are some specific circumstances where these rights do not apply and We can refuse to deal with your request. Where You have opted in You have the right to ask Us not to continue to process your personal data for marketing purposes. You can exercise your right to prevent such continued processing by contacting Us at info@s-imsy.com. If We are processing your personal information based upon your consent (e.g. as part of our marketing or promotional activities), you have the right to withdraw your consent at any time. If you require any further information about your right to rectification, erasure, restriction of or object to processing or you wish to withdraw your consent please contact Us at info@s-imsy.com. Our Site may, from time to time, contain links to and from the websites of Our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. If you think Our collection or use of personal information is unfair, misleading or inappropriate or if you have concerns about the security of your personal information, you also have the right to make a complaint to the Information Commissioner’s Office. You can contact the Information Commissioner’s Office at the following address:

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Access to your information

You can find out if We hold any personal information about you by making a ‘subject access request’ under the DP Legislation. If We do hold information about you, We will:

• Give you a description of it;

• Tell you why We are holding;

• Tell you who it has been disclosed to; and

• Let you have a copy of the information in an intelligible form.

You may also have the right for your personal information to be transmitted electronically to another organisation in certain circumstances. You can request access to the information we hold about you at any time by contacting info@s-imsy.com.

Changes to this Policy

Any changes We may make to this Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to this Policy.

Contact

Questions, comments and requests regarding this Policy are welcomed and should be addressed to info@s-imsy.com.

Last updated 17th April 2024

Introduction

This Policy sets out the obligations of S-IMSY Limited, a company registered in England & Wales under number 15594994, whose registered office is at 1 Fishers Road, Southampton, Hampshire, UK, SO40 9JB (“the Company”) regarding data protection and the rights of data subjects; staff, clients, business contacts, partners. (“data subjects”) in respect of their personal data under Data Protection Law (all legislation and regulations in force from time to time regulating the use of personal data and the privacy of electronic communications including, but not limited to, EU Regulation 2016/679 General Data Protection Regulation (“GDPR”), the Data Protection Act 2018, and any successor legislation or other directly applicable EU regulation relating to data protection and privacy for as long as, and to the extent that, EU law has legal effect in the UK). This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.

Definitions

“consent” means the consent of the data subject which must be a freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify their agreement to the processing of personal data relating to them;

“data controller” means the natural or legal person or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data. For the purposes of this Policy, the Company is the data controller of all personal data relating to staff, clients, partners, business contacts.

“data processor” means a natural or legal person or organisation which processes personal data on behalf of a data controller;

“data subject” means a living, identified, or identifiable natural person about whom the Company holds personal data;

“EEA” means the European Economic Area, consisting of all EU Member States, Iceland, Liechtenstein, and Norway;

“personal data” means any information relating to a data subject who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that data subject;

“personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored, or otherwise processed;

“processing” means any operation or set of operations performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

“pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person; and

“special category personal data” means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sexual life, sexual orientation, biometric, or genetic data.

Scope

1. The Company is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.

2. The Company’s Data Protection Officer is Elizabeth Malia-Taylor. The Data Protection Officer is responsible for administering this Policy and for developing and implementing any applicable related policies, procedures, and/or guidelines.

3. All managers are responsible for ensuring that all employees, agents, contractors, or other parties working on behalf of the Company comply with this Policy and, where applicable, must implement such practices, processes, controls, and training as are reasonably necessary to ensure such compliance.

4. Any questions relating to this Policy or to Data Protection Law should be referred to the Data Protection Officer. In particular, the Data Protection Officer should always be consulted in the following cases:

1. if there is any uncertainty relating to the lawful basis on which personal data is to be collected, held, and/or processed;

2. if consent is being relied upon in order to collect, hold, and/or process personal data;

3. if there is any uncertainty relating to the retention period for any particular type(s) of personal data;

4. if any new or amended privacy notices or similar privacy-related documentation are required;

5. if any assistance is required in dealing with the exercise of a data subject’s rights (including, but not limited to, the handling of subject access requests);

6. if a personal data breach (suspected or actual) has occurred;

7. if there is any uncertainty relating to security measures (whether technical or organisational) required to protect personal data;

8. if personal data is to be shared with third parties (whether such third parties are acting as data controllers or data processors);

9. if personal data is to be transferred outside of the EEA and there are questions relating to the legal basis on which to do so;

10. when any significant new processing activity is to be carried out, or significant changes are to be made to existing processing activities, which will require a Data Protection Impact Assessment;

11. when personal data is to be used for purposes different to those for which it was originally collected;

12. if any automated processing, including profiling or automated decision making, is to be carried out; or

13. if any assistance is required in complying with the law applicable to direct marketing.

The Data Protection Principles

This Policy aims to ensure compliance with Data Protection Law. The GDPR sets out the following principles with which any party handling personal data must comply. Data controllers are responsible for, and must be able to demonstrate, such compliance. All personal data must be:

• processed lawfully, fairly, and in a transparent manner in relation to the data subject;

• collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;

• adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed;

• accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay;

• kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of the data subject;

• processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.

The Rights of Data Subjects

The GDPR sets out the following key rights applicable to data subjects:

• The right to be informed;

• the right of access;

• the right to rectification;

• the right to erasure (also known as the ‘right to be forgotten’);

• the right to restrict processing;

• the right to data portability;

• the right to object; and

• rights with respect to automated decision-making and profiling.

Lawful, Fair, and Transparent Data Processing

• Data Protection Law seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. Specifically, the GDPR states that processing of personal data shall be lawful if at least one of the following applies:

o the data subject has given consent to the processing of their personal data for one or more specific purposes;

o the processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract;

o the processing is necessary for compliance with a legal obligation to which the data controller is subject;

o the processing is necessary to protect the vital interests of the data subject or of another natural person;

o the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data

controller; or

o the processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

• If the personal data in question is special category personal data (also known as “sensitive personal data”), at least one of the following conditions must be met:

o the data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless EU or EU Member State law prohibits them from doing so);

o the processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by EU or EU Member State law or a collective agreement pursuant to EU Member State law which provides for appropriate safeguards for the fundamental rights and interests of the data subject);

o the processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;

o the data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects;

o the processing relates to personal data which is manifestly made public by the data subject;

o the processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;

o the processing is necessary for substantial public interest reasons, on the basis of EU or EU Member State law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject;

o the processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of EU or EU Member State law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the GDPR;

o the processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of EU or EU Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy);

o or the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the GDPR based on EU or EU Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

Consent

• If consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, the following shall apply:

o Consent is a clear indication by the data subject that they agree to the processing of their personal data. Such a clear indication may take the form of a statement or a positive action. Silence, pre-ticked boxes, or inactivity are unlikely to amount to consent.

o Where consent is given in a document which includes other matters, the section dealing with consent must be kept clearly separate from such other matters.

o Data subjects are free to withdraw consent at any time and it must be made easy for them to do so. If a data subject withdraws consent, their request must be honoured promptly.

o If personal data is to be processed for a different purpose that is incompatible with the purpose or purposes for which that personal data was originally collected that was not disclosed to the data subject when they first provided their consent, consent to the new purpose or purposes may need to be obtained from the data subject.

o In all cases where consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, records must be kept of all consents obtained in order to ensure that the Company can demonstrate its compliance with consent requirements.

Specified, Explicit, and Legitimate Purposes

• 1.26 The Company collects and processes the personal data set out in Part 24 of this Policy. This includes:

o personal data collected directly from data subjects and

o personal data obtained from third parties.

• The Company only collects, processes, and holds personal data for the specific purposes set out in Part 24 of this Policy (or for other purposes expressly permitted by the GDPR).

• Data subjects must be kept informed at all times of the purpose or purposes for which the Company uses their personal data. Please refer to Part 15 for more information on

Adequate, Relevant, and Limited Data Processing

• The Company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as under Part 8, above, and as set out in Part 24, below.

• Employees, agents, contractors, or other parties working on behalf of the Company may collect personal data only to the extent required for the performance of their job duties and only in accordance with this Policy. Excessive personal data must not be collected.

• Employees, agents, contractors, or other parties working on behalf of the Company may process personal data only when the performance of their job duties requires it. Personal data held by the Company cannot be processed for any unrelated reasons.

Accuracy of Data and Keeping Data Up to Date

• The Company shall ensure that all personal data collected, processed, and held by it is kept accurate and up to date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Part 17, below.

• The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

Data Retention

• The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.

• When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.

• For full details of the Company’s approach to data retention, including retention periods for specific personal data types held by the Company, please refer to our Data Retention Policy.

Secure Processing

• The Company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 25 to 30 of this Policy.

• All technical and organisational measures taken to protect personal data shall be regularly reviewed and evaluated to ensure their ongoing effectiveness and the continued security of personal data.

• Data security must be maintained at all times by protecting the confidentiality, integrity, and availability of all personal data as follows:

o only those with a genuine need to access and use personal data and who are authorised to do so may access and use it;

o personal data must be accurate and suitable for the purpose or purposes for which it is collected, held, and processed; and

o authorised users must always be able to access the personal data as required for the authorised purpose or purposes.

Accountability and Record-Keeping

• The Data Protection Officer is responsible for administering this Policy and for developing and implementing any applicable related policies, procedures, and/or guidelines.

• The Company shall follow a privacy by design approach at all times when collecting, holding, and processing personal data. Data Protection Impact Assessments shall be conducted if any processing presents a significant risk to the rights and freedoms of data subjects (please refer to Part 14 for further information).

• All employees, agents, contractors, or other parties working on behalf of the Company shall be given appropriate training in data protection and privacy, addressing the relevant aspects of Data Protection Law, this Policy, and all other applicable Company policies.

• The Company’s data protection compliance shall be regularly reviewed and evaluated by means of Data Protection Audits.

• The Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:

o the name and details of the Company, its Data Protection Officer, and any applicable third-party data transfers (including data processors and other data controllers with whom personal data is shared);

o the purposes for which the Company collects, holds, and processes personal data;

o the Company’s legal basis or bases (including, but not limited to, consent, the mechanism(s) for obtaining such consent, and records of such consent) for collecting, holding, and processing personal data;

o details of the categories of personal data collected, held, and processed by the Company, and the categories of data subject to which that personal data relates;

o details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;

o details of how long personal data will be retained by the Company (please refer to the Company’s Data Retention Policy);

o details of personal data storage, including location(s);

o detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data.

Data Protection Impact Assessments and Privacy by Design

• In accordance with the privacy by design principles, the Company shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and where the processing involved is likely to result in a high risk to the rights and freedoms of data subjects.

• The principles of privacy by design should be followed at all times when collecting, holding, and processing personal data. The following factors should be taken into consideration:

o the nature, scope, context, and purpose or purposes of the collection, holding, and processing;

o the state of the art of all relevant technical and organisational measures to be taken;

o the cost of implementing such measures; and

o the risks posed to data subjects and to the Company, including their likelihood and severity.

• Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:

o the type(s) of personal data that will be collected, held, and processed;

o the purpose(s) for which personal data is to be used;

o the Company’s objectives;

o how personal data is to be used;

o the parties (internal and/or external) who are to be consulted;

o the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;

o risks posed to data subjects;

o risks posed both within and to the Company; and

o proposed measures to minimise and handle identified risks.

Keeping Data Subjects Informed

• The Company shall provide the information set out in Part 15.2 to every data subject:

o where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and

o where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose:

 if the personal data is used to communicate with the data subject, when the first communication is made; or

 if the personal data is to be transferred to another party, before that transfer is made; or

 as soon as reasonably possible and in any event not more than one month after the personal data is obtained.

• The following information shall be provided in the form of a privacy notice:

o details of the Company including, but not limited to, contact details, and the names and contact details of any applicable representatives and its Data Protection Officer;

o the purpose(s) for which the personal data is being collected and will be processed (as detailed in Part 24 of this Policy) and the lawful basis justifying that collection and processing;

o where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data;

o where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;

o where the personal data is to be transferred to one or more third parties, details of those parties;

o where the personal data is to be transferred to a third party that is located outside of the EEA, details of that transfer, including but not limited to the safeguards in place (see Part 31 of this Policy for further details);

o details of applicable data retention periods;

o details of the data subject’s rights under the GDPR;

o details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time;

o details of the data subject’s right to complain to the Information Commissioner’s Office (the “supervisory authority” under the GDPR);

o where the personal data is not obtained directly from the data subject, details about the source of that personal data;

o where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it; and

o details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences.

Data Subject Access

• Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Company holds about them, what it is doing with that personal data, and why.

• Employees wishing to make a SAR should do using a Subject Access Request Form, sending the form to the Company’s Data Protection Officer at info@S-IMSY.com

• Responses to SARs must normally be made within one month of receipt, however, this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.

• All SARs received shall be handled by the Company’s Data Protection Officer.

• The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

Rectification of Personal Data

• Data subjects have the right to require the Company to rectify any of their personal data that is inaccurate or incomplete.

• The Company shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Company of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

• In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.

Erasure of Personal Data

• Data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances:

o it is no longer necessary for the Company to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;

o the data subject wishes to withdraw their consent to the Company holding and processing their personal data;

o the data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see Part 21 of this Policy for further details concerning the

right to object);

o the personal data has been processed unlawfully;

o the personal data needs to be erased in order for the Company to comply with a particular legal obligation

• Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

• In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

Restriction of Personal Data Processing

• Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.

• In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).

Data Portability

• The Company processes personal data using automated means. We may use automatic data collection tools like cookies, web beacons, and other tracking technologies in our products to collect data and related information, including IP addresses, geolocation information, device identifiers, advertising identifiers and other information about your device, system and application software and peripherals. We may collect information about your browser and what sites you visit. We might also look at how and how often you use one of our applications and certain features.

• Where data subjects have given their consent to the Company to process their personal data in such a manner, or the processing is otherwise required for the performance of a contract between the Company and the data subject, data subjects have the right, under the GDPR, to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers).

• To facilitate the right of data portability, the Company shall make available all applicable personal data to data subjects in the following formats:

o Electronically;

o Manually.

• Where technically feasible, if requested by a data subject, personal data shall be sent directly to the required data controller.

• All requests for copies of personal data shall be complied with within one month of the data subject’s request. The period can be extended by up to two months in the case of complex or numerous requests. If such additional time is required, the data subject shall be informed.

Objections to Personal Data Processing

• Data subjects have the right to object to the Company processing their personal data based on legitimate interests, for direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes.

• Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing immediately, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.

• Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing promptly.

• Where a data subject objects to the Company processing their personal data for scientific and/or historical research and statistics purposes, the data subject must, under the GDPR, “demonstrate grounds relating to his or her particular situation”. The Company is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.

Automated Processing, Automated Decision-Making, and Profiling

• The Company uses personal data in automated decision-making processes as follows:

o Service and Subscription Renewals

o Service and Subscription Updates and Alerts

o Support Information Updates

o S-IMSY Connect Future Product Announcement

• The Company uses personal data for profiling purposes as follows:

o Future Product Announcements

• The activities described in this Part 22 are generally prohibited under Data Protection Law where the resulting decisions have a legal or similarly significant effect on data subjects unless one of the following applies:

o the data subject has given their explicit consent;

o the processing is authorised by law; or

o the processing is necessary for the entry into, or performance of, a contract

between the Company and the data subject.

• If special category personal data is to be processed in this manner, such processing can only be carried out if one of the following applies:

o the data subject has given their explicit consent; or

o the processing is necessary for reasons of substantial public interest.

• Where decisions are to be based solely on automated processing (including profiling), data subjects have the right to object, to challenge such decisions, request human intervention, to express their own point of view, and to obtain an explanation of the decision from the Company. Data subjects must be explicitly informed of this right at the first point of contact.

• In addition to the above, clear information must be provided to data subjects explaining the logic involved in the decision-making or profiling, and the significance and envisaged consequences of the decision or decisions.

• When personal data is used for any form of automated processing, automated decision making, or profiling, the following shall apply:

o appropriate mathematical or statistical procedures shall be used;

o technical and organisational measures shall be implemented to minimise the risk of errors. If errors occur, such measures must enable them to be easily corrected; and

o all personal data to be processed in this manner shall be secured in order to prevent discriminatory effects arising (see Parts 25 to 30 of this Policy for more details on data security and organisational measures).

Direct Marketing

• The Company is subject to certain rules and regulations when marketing its products and services

• The prior consent of data subjects is required for electronic direct marketing including email, text messaging, and automated telephone calls subject to the following limited exception:

o The Company may send marketing text messages or emails to a customer provided that that customer’s contact details have been obtained in the course of a sale, the marketing relates to similar products or services, and the customer in question has been given the opportunity to opt-out of marketing when their details were first collected and in every subsequent communication from the Company.

• The right to object to direct marketing shall be explicitly offered to data subjects in a clear and intelligible manner and must be kept separate from other information in order to preserve its clarity.

• If a data subject objects to direct marketing, their request must be complied with promptly. A limited amount of personal data may be retained in such circumstances to the extent required to ensure that the data subject’s marketing preferences continue to be complied with.

Personal Data Collected, Held, and Processed

The following personal data is collected, held, and processed by the Company (for details of data retention, please refer to the Company’s Data Retention Policy):

Data Ref. Type of Data Purpose of Data

Name Personal Identification

Customer Name Personal Customer Contact for Delivery, Subscription Information, Support Information, Billing and Alerting

Customer Email Address Personal Customer Contact for Delivery, Subscription Information, Support Information and Billing

Customer Address Personal Customer Contact for Delivery, Subscription Information, Support Information and Billing

Customer Billing Details Personal Credit Card Details for Billing

Alternative Contact Names Personal Alternate Contact details for Support and Alerting

Alternative Contact email Details Personal Alternate Contact details for Support and Alerting

Alternative Telephone Number(s) Personal Contact details for Support and Alerting

Other captured data Anonymized DeviceID, Network Interface ID, other

Data Security – Transferring Personal Data and Communications

The Company shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:

• All emails containing personal data are encrypted using TLS 1.2+

• All emails containing personal data must be marked with a “confidential” label;

• Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;

• Personal data may not be transmitted over a public wireless network unless using encryption;

• Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted];

• Where personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data;

• Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient or sent using a trackable delivery method;

• All personal data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container.

Data Security – Storage

• The Company shall ensure that the following measures are taken with respect to the storage of personal data:

• All electronic copies of personal data should be stored securely using passwords and data encryption;

• All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar;

• All personal data stored electronically will be backed up

• No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to the Company or otherwise without the formal written approval of CEO and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary;

• No personal data should be transferred to any device personally belonging to an employee, agent, contractor, or other party working on behalf of the Company and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the GDPR (which may include demonstrating to the Company that all suitable technical and organisational measures have been taken);

Data Security – Disposal

When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. For further information on the deletion and disposal of personal data, please refer to the Company’s Data Retention Policy.

Data Security – Use of Personal Data

The Company shall ensure that the following measures are taken with respect to the use of personal data:

• No personal data may be shared informally and if an employee, agent, contractor, or other party working on behalf of the Company requires access to any personal data that they do not already have access to, such access should be formally requested from a designated HR manager.

• No personal data may be transferred to any employee, agent, contractor, or other party, whether such parties are working on behalf of the Company or not, without the authorisation of designated HR manager;

• Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, contractors, or other parties at any time;

• If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it;

• Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of the Data Protection officer to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third party service such as the TPS;

Data Security – IT Security

The Company shall ensure that the following measures are taken with respect to IT and information security:

• All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols. All software used by the Company is designed to require such passwords;

• Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of the Company, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;

• All software (including, but not limited to, applications and operating systems) shall be kept up to date. The Company’s IT staff shall be responsible for installing any and all security-related updates not more than 30 working days after the updates are made available by the publisher or manufacturer OR as soon as reasonably and practically possible, unless there are valid technical reasons not to do so;

• No software may be installed on any Company-owned computer or device without the prior approval of the IT Department;

Organisational Measures

The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:

• All employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under Data Protection Law and under this Policy, and shall be provided with a copy of this Policy;

• Only employees, agents, contractors, or other parties working on behalf of the Company that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Company;

• All sharing of personal data shall comply with the information provided to the relevant data subjects and, if required, the consent of such data subjects shall be obtained prior to the sharing of their personal data;

• All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately trained to do so;

• All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately supervised;

• All employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;

• Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;

• All personal data held by the Company shall be reviewed periodically, as set out in the Company’s Data Retention Policy;

• The performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;

• All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of Data Protection Law and this Policy by contract;

• All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and Data Protection Law;

• Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure;

Transferring Personal Data to a Country Outside the EEA

• The Company may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA

• The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:

o the transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data;

o the transfer is to a country (or international organisation) which provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the GDPR); contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority;

o the transfer is made with the informed and explicit consent of the relevant data subject(s);

o the transfer is necessary for the performance of a contract between the data subject and the Company (or for pre-contractual steps taken at the request of the data subject);

o the transfer is necessary for important public interest reasons;

o the transfer is necessary for the conduct of legal claims;

o the transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent; or

o the transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.

Data Breach Notification

• All personal data breaches must be reported immediately to the Company’s Data Protection Officer.

• If an employee, agent, contractor, or other party working on behalf of the Company becomes aware of or suspects that a personal data breach has occurred, they must not attempt to investigate it themselves. Any and all evidence relating to the personal data breach in question should be carefully retained.

• If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.

• In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 32.3) to the rights and freedoms of data subjects, the Data Protection Officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.

• Data breach notifications shall include the following information:

o The categories and approximate number of data subjects concerned;

o The categories and approximate number of personal data records concerned;

o The name and contact details of the Company’s data protection officer (or other contact point where more information can be obtained);

o The likely consequences of the breach;

o Details of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.

Implementation of Policy

This Policy shall be deemed effective as of 10th April 2024. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

Our business:

S-IMSY Ltd is a Communications Solutions Provider

Our supply chains:

Manufacturers, Network Providers and Software Providers.

Slavery and Human Trafficking:

We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business. Our Anti-slavery Policy reflects our commitment to acting ethically and with integrity in all our business relationships and to implementing and enforcing effective systems and controls to ensure slavery and human trafficking is not taking place anywhere in our business and in our supply chains.

Due diligence process for slavery and human trafficking:

As part of our initiative to identify risk and mitigate against such risks we nominate senior representations of the business units and functions, who in turn report to the Security Council. We have in place systems across our business; our trading partners; and our supply chains to:

• Identify inappropriate employment

• Identify and assess other potential risk

• Mitigate the risk of slavery and human trafficking

• Monitor potential risk

• Protect whistle-blowers.

Supplier adherence to our values and ethics:

We have zero tolerance to slavery and human trafficking. To ensure all those in our supply chain and contractors comply with our values we operate in line with principles of responsible sourcing, including paying employees at the prevailing minimum wage applicable within their relevant county of operations. We have in place a supply chain compliance programme that is maintained by the relevant account manager or relevant management. This consists of client reviews; audit; and self- certification declarations.

Training

To ensure a high level of understanding of the risks of modern slavery and human trafficking in our business, in our supply chains and in our business partners, we provide relevant training to our staff. This statement is made pursuant to section 54(1) of the Modern Slavery Act 2015 and constitutes our Group’s slavery and human trafficking statement for the financial year ending 31st December 2018 and was approved by the Board of Directors of S-IMSY Ltd on 26th March 2024.