Please read the Terms of Use below. By accessing and using Konecranes Customer Sites you agree to the following Terms of Use. If you do not agree to all of the following Terms of Use, please note that you are not allowed to use Konecranes Customer Sites.

Terms of Use

The web sites located at store.konecranes.com, your.konecranes.com and portal.konecranes.com and the related Customer App (available from App Store and/or Google Play) (such web sites, any ancillary materials and Customer App jointly referred to as “Konecranes Customer Sites”) are provided/operated by Konecranes Plc and/or its affiliates. Access to and use of the Konecranes Customer Sites are subject to and governed by these Terms of Use, our Data Protection and Cookie Policies, found at https://www.konecranes.com/data-protection and incorporated herein by reference, and, when applicable, a Data Processing Agreement (collectively, the "Agreement"). You understand that Konecranes Customer Sites are only for Business-to-Business use and cannot be used for consumer transactions. You hereby confirm that you or the company or other entity you are representing is not a consumer under applicable law.

As used in the Agreement, "we", "us", and "our" refers to Konecranes Plc, its subsidiaries and/or affiliates, as applicable. The "Company" refers to the company that has entered into an agreement with us regarding products and/or services provided by us (the "Customer Agreement"). If any term of the Agreement conflicts with any term of the Customer Agreement, the terms of the Agreement shall supersede. "You" and "your" refers to the individual using Konecranes Customer Sites as an employee, agent or other representative of the Company. All of your access or usage of Konecranes Customer Sites shall be deemed to be as an authorized representative of the Company. "User" refers to both you, who accesses Konecranes Customer Sites on behalf of the Company and to the Company. By accessing Konecranes Customer Sites, the User agrees to the posting of the Company's and User’s information at Konecranes Customer Sites.

By entering into the Agreement, the Company consents to the User's use of Konecranes Customer Sites. The Agreement does not apply to or serve as the Company’s consent to the User’s use of the publicly available Konecranes web sites or other web sites maintained by us.

1. Access and Passwords

As part of access to Konecranes Customer Sites, you have selected or been assigned a username and password. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS KONECRANES CUSTOMER SITES USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS (INCLUDING OTHER EMPLOYEES, AGENTS OR REPRESENTATIVES OF THE COMPANY) TO ACCESS KONECRANES CUSTOMER SITES USING YOUR USERNAME OR PASSWORD. All actions taken by the User, or any other user that accesses Konecranes Customer Sites using your username and password, at or through Konecranes Customer Sites will be attributed to the User and legally bind the User, even with respect to acts for which the User had no actual authority or were made in error. The User assumes all resulting liability from use of Konecranes Customer Sites and any services available on it by the User or others using your username or password. If you lose your username or password or know or have reason to believe that your username or password has been shared with someone, please contact us at digital.support@konecranes.com. By authorizing your access to Konecranes Customer Sites on its behalf, the Company agrees that we are not liable for your actions related to Konecranes Customer Sites.

2. License and Restrictions

(a) Konecranes Customer Sites contain our trademarks, other information and material provided by us relating, for example, to sale of spare parts and components, the inspection, sale and service of equipment, such as but not limited to, lists of equipment, contracts, service schedules, inspection results, and the like, and also material that others may have licensed to us (collectively, the "Konecranes Information"), all of which may be protected by copyright law, trademark law, trade secret law and/or other intellectual property rights. We or the owners thereof retain all rights in the Konecranes Information. The User may not use the Konecranes Information except as expressly permitted under the Agreement.

(b) We grant to the User a limited, revocable (at our sole discretion), non-exclusive, non-transferable, personal license to access and view the Konecranes Information on screen and print paper copies and download electronic copies of any service reports including Konecranes Information for use by the User only for the sole purpose set forth in the Customer Agreement, provided that the User preserves and acknowledges all copyright and other notices contained in the Konecranes Information. Any redistribution of any portion of the Konecranes Information to any third party is expressly prohibited.

(c) No part of the Konecranes Information may be duplicated in any medium or format beyond the express terms of the Agreement without our prior written authorization. Any use of the Konecranes Information not authorized by the Agreement is prohibited.

(d) Even though portions of the Konecranes Information may have been, are being, or will be provided to the User and/or the Company without being marked or otherwise designated "confidential", the Konecranes Information as provided may be highly proprietary and confidential in nature and the unauthorized copying, transfer or use may cause us immediate and irreparable injury that cannot be adequately compensated for by means of monetary damages. Any breach of this Section 2 by the User may be enforced by us by means of equitable relief (including, but not limited to, injunctive relief without the requirement that we demonstrate any actual damages as a result thereof or post a bond) in addition to any other available rights and remedies. Any supplier of any portion of the Konecranes Information may enforce its rights against you even though that supplier is not a party to the Agreement.

(e) Access to Konecranes Customer Sites may not be legal by certain persons or in certain countries. If you access the Konecranes Customer Sites from such a country, you do so on your own initiative and risk and are responsible for the failure to comply with local laws.

3. Uploading Information to Konecranes Customer Sites by the User

In certain countries the User may be allowed to choose to upload information other than Personal Data (collectively, the “User’s Information”) to Konecranes Customer Sites. Should you be allowed and choose to do so, you acknowledge and agree that the User is responsible for any material the User may submit to or through Konecranes Customer Sites, including the legality, reliability, correctness, truthfulness, completeness, appropriateness, originality, and copyright of any such material. We do not and cannot review any such User’s Information and are not responsible for it. We may however at any time at our discretion remove any User’s Information submitted by the User.

By submitting User’s Information to Konecranes Customer Sites, the User agrees, represents, covenants and warrants:

(a) the material will not contain any item that is unlawful, obscene, infringing, confidential or otherwise unfit for submitting (which may be determined in our sole discretion);

(b) not to upload any materials to Konecranes Customer Sites that contains any viruses, worms, malware, spyware, Trojan horses or other contaminating or destructive features before submitting any material;

(c) the User owns the material or has the right to provide it to us and that doing so will not violate the terms of any agreement between the User and third party or violate any applicable laws;

(d) not to present claims or take action against us in relation to User’s Information that you submit or submit User’s Information that may result in any third-party taking action against us in relation to User’s Information you submit; and

(e) that we will not monitor and have no duty to monitor the User’s Information or Konecranes Customer Sites to determine whether the User has submitted any User’s Information. The User hereby agrees to indemnify and hold us harmless in the event of its or your breach of the foregoing agreements, representations, covenants, and warranties.

If you do submit User’s Information, you grant to us an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media within Konecranes Group of companies. You further agree that we are free to use, without any compensation, any ideas, concepts, know-how that you or individuals acting on your behalf provide to us.

The User hereby acknowledges and agrees that submission of any User’s Information to Konecranes Customer Sites does not establish a bailment or similar relationship that may apply to property that does not constitute personal property (should User’s Information be deemed not to be personal property) that requires us to safeguard User’s Information. We make no warranty, written or oral, express or implied, regarding our ability to safeguard or retain User’s Information submitted to Konecranes Customer Sites.

4. Privacy

Your privacy is important to us.

Definitions

“Controller” shall mean controller as such term is used or defined in applicable law or regulation (if any).

“Customer Personal Data” shall mean Personal Data in relation to which the Customer acts as a Controller (if any).

“Personal Data” shall mean personal data as such term is used or defined in applicable law or regulation (if any).

“Processor” shall mean processor as such term is used or defined in applicable law or regulation (if any).

“Supplier Group” shall mean the group of companies which directly, or indirectly through one or more intermediaries, control, are controlled by, or are under common control with, the Supplier.

For the Personal Data that we process when providing access to and enabling use of the Customer App, we act as a Processor in accordance with our Data Processing Agreement (if applicable).

However, in certain instances, such as:

(a) when we provide access to and enable use of the Konecranes Customer Sites and/or

(b) when the Company specifically discloses Personal Data to us to be processed by us as a Controller for the purposes, including but not limited to marketing purposes and product development,

we act as a Controller, as described in our Customer data Protection Statement valid at the time and are responsible for our Controller obligations.

5. Online Purchasing and Service Requests

All purchases through Konecranes webshop or other transactions for the sale of goods are governed by our Website General Terms and Conditions of Sale, which you are requested to read and must accept when making purchases.

You may also choose to purchase goods and services from us, to the extent applicable, by approving quotations from us, placing order to us or by placing service requests to us through Konecranes Customer Sites.

Unless otherwise agreed in writing, such purchases are subject to Customer Agreement and additionally incorporates as if fully rewritten herein Konecranes General Terms and Conditions of Sale (latest version applicable to the country/state/province in which you are located), a copy of which is made available to you upon request. Should there be a conflict between the terms of the Customer Agreement and Konecranes General Terms and Conditions of Sale (latest version), the Customer Agreement shall supersede.

6. Limitations on Use

(a) Konecranes Information. Other than as provided in the Agreement, the User may not and may not permit others to:

(b) Other than the limited rights granted above, no right or license is given to the User, or any user accessing Konecranes Customer Sites to download, reproduce, or use any of our trademarks or other intellectual property rights. The trademarks may not be used in connection with any product or service that is not associated with us or in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits our organization. All other trademarks that appear on Konecranes Customer Sites are the property of their respective owners, who may or may not be affiliated with or connected with us, and all rights therein shall remain with the respective owners thereof.

(c) The User is permitted to access only the information in Konecranes Customer Sites that relates specifically to the User. If the User by accident accesses another party’s information, User agrees not to read it. The User is prohibited from disseminating, distributing, or copying any other party’s information contained in Konecranes Customer Sites. If the User accesses another party’s information by accident, User agrees to immediately exit that webpage and notify us as soon as possible at digital.support@konecranes.com.

(d) Without limitation to the foregoing, the User may not:

7. Access contingent to Customer Agreement

The User's authorization to access Konecranes Customer Sites is at all times contingent upon the Company having a valid Customer Agreement with u s or intention to enter into similar type of agreement with us.

8. Confidentiality

We take reasonable efforts to protect the confidentiality, security, and privacy of the Konecranes Information; however, we cannot, and do not guarantee the security, confidentiality, or privacy of any Konecranes Information or any other information within Konecranes Customer Sites, if not required by applicable law or agreed otherwise in the Agreement. By authorizing your access to Konecranes Customer Sites, the User has assumed all liability for any unauthorized publication of Konecranes Information pertaining to the Company and/or User’s Information.

9. Accuracy and Availability of Information

(a) Konecranes Customer Sites contains Konecranes Information in a database and other content compiled by us. While we try to provide accurate Konecranes Information, unless otherwise agreed in the Customer Agreement, we give no warranty as to the accuracy of the Konecranes Information and other content on Konecranes Customer Sites. We reserve the right to withdraw or delete Konecranes Information or User’s Information or content from Konecranes Customer Sites at any time;

(b) In no event shall we be liable for any loss or expense arising from or in connection with:

10. Links from and to Third Party Sites

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

You agree to cooperate with us in causing any unauthorized framing of or linking to Konecranes Customer Website immediately to cease. We reserve the right to withdraw linking permission without notice to you or any other party.

We do not control the content of any third-party company site ("Third Party Sites", which shall include but not be limited to the sites of our parents, subsidiaries, and affiliates). We are not responsible for the content of Third-Party Sites that you reach through links on Konecranes Customer Sites, sites framed within Konecranes Customer Sites, or third-party advertisements on Konecranes Customer Sites, and we do not make any representations regarding their content or accuracy. The User's use of Third-Party Sites is at the User's own risk and subject to the terms and conditions of use for such companies and their sites. Any transaction that you conduct at a Third-Party Site will be between the User and the party providing that service. We are not a party to any transaction at a Third-Party Site.

11. Representations and Warranties

The User represents and warrants to us that:

(a) the User possesses the legal right to enter into the Agreement on behalf of the Company;

(b) the User possesses the legal right to make service requests it may submit to us and that they bind the Company.

(c) all information submitted by the User to Konecranes Customer Sites is true and accurate;

(d) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission;

(e) you are at least 18 years old; and

(f) the User will not use Konecranes Customer Sites for any purpose that is unlawful or prohibited by the Agreement; and

(g) if applicable, to the extent that we process User’s Personal Data as a Processor on the Company’s behalf (as defined in the Data Processing Agreement), the Company is subject to and undertakes to comply with the Data Processing Agreement, which is incorporated into (as an Annex I) and forms an integral part of these Terms of Use.

12. Disclaimer of Warranties

ALL INFORMATION, MATERIAL, CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN KONECRANES CUSTOMER SITES OR RELATED SERVICES PROVIDED ELSEWHERE BY US ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF KONECRANES CUSTOMER SITES AT ANY PARTICULAR TIME; (b) ACCURACY OF THE INFORMATION OR HOW CURRENT ANY INFORMATION IS THAT IS FOUND ON KONECRANES CUSTOMER SITES OR IN ITS ANCILLARY CONTENT; (c) TRANSMISSIONS TO, FROM OR WITHIN KONECRANES CUSTOMER SITES; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE INFORMATION WITH APPLICABLE LAWS; OR (g) THAT THE INFORMATION WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

13. Limitation of Damages

IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE AND/OR ACCESS TO AND/OR RELIANCE UPON KONECRANES CUSTOMER SITES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON OUR PART, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO THE USER AND/OR ANY OTHER PARTY FOR ANY AMOUNT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY RECEIVED BY US FROM THE USER SPECIFICALLY FOR ACCESS TO KONECRANES CUSTOMER SITES DURING THE YEAR PRIOR TO ANY SUCH CLAIM.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Some jurisdictions do not permit the exclusion of certain warranties or the exclusion or limitation of liability for incidental or consequential damages and accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permissible by applicable law.

14. Indemnity

The User hereby agrees to indemnify, defend and hold us, and all of our officers, directors, owners, agents, employees, content and information providers, subsidiaries, affiliates, partners, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties, including, without limitation, attorney fees and costs, in connection with any claim by third parties arising out of the User's use of Konecranes Customer Sites, the User's reliance upon the Konecranes Information or User’s Information, or the User' s breach of the Agreement.

15. Consent to Electronic Notices and Other Communications

All interactions relating to Konecranes Customer Sites may, at our option, be conducted electronically, including any that we are otherwise required to provide in writing. For example, we may send the User notices via postings at Konecranes Customer Sites or via email to any email address that the User provides to us during registration as a Data Site/Customer App user. If the User does not wish to deal with us electronically, the User should not use Konecranes Customer Sites or enter into the Agreement. By authorizing your access to Konecranes Customer Sites, the Company agrees to accept all notices electronically. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give the User notice by mail to the address provided during registration.

16. Termination

(a) The User may terminate the Company’s and/or your access to Konecranes Customer Sites at any time by e-mailing us at digital.support@konecranes.com. When termination is requested, access will be terminated as soon as possible. Termination of the access shall not relieve the User of any obligations to pay any accrued charges associated with the Customer Agreement (including access of Konecranes Customer Sites).

(b) We, in our sole discretion, may terminate the User’s access to Konecranes Customer Sites for any reason, with or without notice. Any such termination of access to Konecranes Customer Sites may be effected without prior notice. Further, we shall not be liable to the User or any third party for any termination of the User’s access to Konecranes Customer Sites.

(c) The Company shall immediately notify us of each employee whose employment is terminated from the Company who has access to Konecranes Customer Sites. If you are an employee of the Company, you agree to cease your access to Konecranes Customer Sites upon the termination of your employment with the Company. Any access to Konecranes Customer Sites by you after the termination of your employment with the Company is strictly prohibited; however, we are not responsible for blocking your access to Konecranes Customer Sites after the termination. By authorizing access to Konecranes Customer Sites, the Company agrees that we are not liable for any access to Konecranes Customer Sites by the Company’s employees after their termination from the Company.

(d) If you breach any provision of the Agreement, in addition to any other available rights and remedies, we may immediately terminate the Agreement and all licenses granted hereunder without prior notice.

(e) Upon termination of the Agreement, the User’s license to the Konecranes Information is terminated and the User will have no further right to access the Konecranes Information or Konecranes Customer Sites.

17. Assignment

The User may not assign its rights under the Agreement without the written consent of our authorized representative in a non-electronic record, and any assignment without our consent will be voidable at our option. The Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.

18. Applicable Law and Disputes

This Agreement is governed by the laws of Finland without regard to principles of conflict of laws. All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The arbitration shall take place in Helsinki, Finland and you consent to such jurisdiction. The language of the arbitration proceedings shall be English. Notwithstanding the above, we shall be entitled to take legal actions related to disputes or collection of our receivables at the courts of the Company's place of domicile.

We may seek injunctive or other appropriate relief in court in Helsinki, Finland, or other applicable court.

19. Amendments

We reserve the right, at our sole discretion, to change, modify, add, or remove any portion of the Agreement, in whole or in part, at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions. The User shall review the Agreement periodically to be aware of such modifications and the User’s continued access to or use of Konecranes Customer Sites shall be deemed the User’s conclusive acceptance of the modified terms and conditions.

20. Entire Agreement; Severability; No Waiver; Survivability

The Agreement, along with any Service Agreement, constitutes the entire agreement between the User and us for the User’s use of Konecranes Customer Sites. No term of the Agreement may be waived except in a signed, non-electronic writing signed by our authorized representative. All provisions of the Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, privacy, confidentiality, warranty disclaimers, limitations of liability, and applicable law.

21. Miscellaneous

If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, and the allocation of risks described herein shall be given effect to the fullest extent possible. Our failure to act with respect to a User’s breach does not waive our right to act with respect to subsequent or similar breaches. No joint venture, partnership, employment, or agency relationship exists between the User and us or any of our subsidiaries and affiliates as a result of the Agreement or the User’s use of Konecranes Customer Sites.

	Annex I
	Data Processing Agreement
	This Data Processing Agreement is incorporated into and is subject to the terms and conditions of Terms of Use, binding upon Konecranes Plc (together with its subsidiaries and/or affiliates, “Supplier”) and the Company (for the purpose of this Data Processing Agreement, the Company is hereinafter referred to as the “Customer”).
	All capitalized terms not defined in this Data Processing Agreement shall have the meanings set forth in the Terms of Use.
1.	The Customer (as a controller) appoints the Supplier (as a Processor) to process the Customer Personal Data for the purposes of providing access to and allowing the use of Customer App under the Service Agreement and as further specified herein below.
2.	DATA SECURITY
2.1.	The Supplier as Processor, shall be responsible for implementing technical and organizational measures appropriate to the risk to safeguard Customer Personal Data from unauthorized, unlawful, or accidental access, use, processing, loss, destruction, or damage.
3.	DATA PROTECTION
3.1.	The Customer and the Supplier are responsible for complying with their respective obligations under the applicable data protection laws and regulations.
	The Supplier, as a Processor, is responsible for implementing the means necessary for fulfilling the processing activities of the Supplier’s processing of the Customer Personal Data in accordance with applicable data protection laws and regulations. The Supplier shall at the request of the Customer provide the Customer with guarantees (including, needed information) on the implementation of the aforementioned technical and organisational measures for the processing to meet the requirements of applicable laws and regulations and to ensure the protection of the rights of the data subjects.
	The Supplier, as a Processor, shall process the Customer Personal Data only in accordance with documented instructions (including those in this Data Protection Agreement) of the Customer unless processing is required by applicable data protection laws or regulations to which the Supplier is subject. In such a case, the mentioned laws and regulations allowing, the Supplier shall inform the Customer of that legal requirement before processing.
	The Supplier shall notify the Customer in case the Supplier notices that the instruction of the Customer infringes applicable data protection laws or regulations unless such law(s) or regulations(s) prohibit such information.
	The Customer, as a Controller, is responsible for the Customer Personal Data processed, specifically for the purposes and means of the processing and for ensuring that processing has a legal basis.
	The Customer, as a Controller, shall provide the Supplier as a Processor with documented instructions on the processing of the Customer Personal Data.
	The Customer, as a Controller, shall ensure that it has provided all information as required by applicable data protection laws or regulations to the data subjects and that the Customer has the right in accordance with applicable data protection laws or regulations to transfer the Customer Personal data to the Supplier.
3.2.	The subject-matter of Customer Personal Data processing is the provision of access to and use of the Customer App by the Customer and/or data subjects specified herein in accordance with the Service Agreement.
3.3.	The processing commences when username is entered into the Customer App and ends upon termination of the Service Agreement or exclusion of the Customer App from the Service Agreement, unless otherwise required by applicable laws or regulations to which the Supplier is subject to.
3.4.	Customer Personal Data is processed in connection with access to and use of the Customer App by the Customer and/or data subjects.
3.5.	Customer Personal Data shall be processed by the Supplier exclusively for the purpose of provision of the services by the Supplier.
3.6.	The types of Customer Personal Data and categories of data subjects processed by the Supplier are available in the Annex II (Data Subjects and Attributes) herein below.
3.7.	Customer Personal Data is processed by automated means within Processor’s Customer App, including databases, API’s, and the software itself.
3.8.	The Customer (including any reputable third parties not being or representing competitors of the Supplier, acting on behalf of and mandated by the Customer) is entitled at Customer’s cost to carry out sample checks and audits (including inspections), regarding Customer Personal Data protection and data security, always to be announced in advance with reasonable notice, however never shorter than fifteen (15) business days. The Supplier shall provide the Customer with reasonable assistance and information required to meet the Customer Personal Data sample check and audit obligations and make the necessary non-confidential documentation (existing at the time of sample check or audit in whatever common form) available for the Customer for the purpose and duration of the sample check and/or audit. The Customer is responsible for executing the sample checks and audits without causing disturbance to the Supplier's data processing or other operations. The Supplier is entitled to charge the reasonable costs (including those of the Supplier's subcontractors) for participating into sample check(s) and audit(s) from the Customer. Any materials or information concerning the Supplier, or its business disclosed to or otherwise viewed by the Customer, or its mandated auditor shall be treated as confidential information of the Supplier.
3.9.	If requested by the Customer, the Supplier provides the Customer with all information and documentation necessary to demonstrate compliance with the Processor obligations laid down in applicable data protection laws and regulations. The Supplier shall inform the Customer without undue delay after becoming aware of any relevant data breaches occurring during the data processing.
3.10	The Supplier shall meet the requirements specified in applicable laws and regulations, in order to engage sub-processor(s) for processing of Customer Personal Data.
	The Supplier has Customer’s general authorisation for the engagement of sub-processors. The Supplier shall inform in writing the Customer of any intended changes concerning the addition or replacement of sub-processors at least 30 days in advance, thereby giving the Customer the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). The Supplier shall have the right to terminate the Service Agreement in the event that the Customer rejects addition or replacement of a sub-processor.
	Supplier’s sub-processors authorised by the Customer include the Supplier Group.
	Where the Supplier engages a sub-processor for carrying out processing of Customer Personal Data, not less strigent data protection obligations as set out in this Data Processing Agreement shall be imposed on that sub-processor, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the applicable requirements.
3.11.	The Supplier shall be responsible for requiring that a sub-processor complies with the obligations of at least same level to which the Supplier is subject pursuant to this Data Processing Agreement and the applicable data protection laws and regulations.
3.12.	The Supplier shall ensure that Supplier’s employees, as well as sub-processors authorised by the Customer to process Customer Personal Data, commit themselves in writing to confidentiality or are under an appropriate statutory obligation of confidentiality.
3.13.	The Supplier shall reasonably assist the Customer based on the Customer's information and instructions, to respond to and to comply with the requests for exercising the data subjects’ rights under the applicable laws and regulations.
	The Supplier shall without unnecessary delay forward to the Customer any and all enquiries and requests (including but not limited to those related to above rights) received from data subject(s). The Supplier shall not independently respond to or further process any referred enquiries and requests, other than providing acknowledgment of receiving such, without having received instructions from the Customer, unless required to do so by applicable data protection laws or regulations to which the Supplier is subject. In such a case, the Supplier shall inform the Customer of that legal requirement before processing, unless that law prohibits such information.
3.14.	Taking into account the nature of processing and the information available, the Supplier shall reasonably assist the Customer in ensuring compliance with the requirements of applicable data protection laws and regulations.
3.15.	The Supplier shall stop processing the Customer Personal Data as soon as possible, however, never later than one (1) month, after the expiration or termination of the Service Agreement. At the Customer's request, all Customer Personal Data will then be forwarded to the Customer, or a third party defined by Customer and destroyed from the Supplier's possession except for mandatory legal or archival purposes or as otherwise agreed in writing between the Supplier and the Customer. Alternatively, upon the Customer’s request, the Supplier will destroy all Customer Personal Data in its possession except for mandatory legal or archival purposes.
	In case the Customer has not within thirty (30) business days from the termination or expiration of the Service Agreement decided whether the Customer Personal Data must be returned and/or destroyed, the Supplier shall destroy all Customer Personal Data in its possession except for mandatory legal or archival purposes, without unnecessary delay.

	Annex II
	Data Subjects and Attributes
	Within the framework of Customer App, data of following categories of data subjects (without limitation) is processed: (a) Current and former employees of the Customer; (b) External temporary labor, subcontractors and contractors of the Customer.
	Processing of data within the framework of Customer App includes, but is not necessarily limited the following personal data attributes – the data set can also be restricted to contain only subset of the following attributes: (a) Full name; (b) Telephone number; (c) Email address; (d) Fingerprint identifier; (e) Country; (f) Language preference; (g) IP address received during last data processing activity; (h) Contents of inspections; (i) Last data processing activity (time stamp); (j) Cookie consent and its date; and (k) Acceptance of General Terms and Conditions for Remote Services.

© Konecranes Plc 2024. All rights reserved.

v. 29.1.2024