DuelCapture Terms of Use

These Terms of Use ("Terms") govern access to and use of DuelCapture, including the DuelCapture website, browser-based recording platform, DuelCapture Connect extension, storage, export tools, support services and related functionality (collectively, the "Service").

DuelCapture is operated by DuelCapture ("DuelCapture", "we", "us" or "our").

By creating an account, purchasing a subscription, accessing the Service or otherwise using DuelCapture, you agree to these Terms.

If you use DuelCapture on behalf of a company or other organisation, you confirm that you have authority to bind that organisation to these Terms.

Data Protection Legislation

DuelCapture processes personal data in accordance with applicable United Kingdom data protection and privacy legislation, including where relevant:

• the UK General Data Protection Regulation ("UK GDPR");
• the Data Protection Act 2018;
• the Privacy and Electronic Communications (EC Directive) Regulations 2003 ("PECR"); and
• any legislation replacing, amending or supplementing those laws.

Where DuelCapture processes Customer Content containing personal data on your behalf, you will generally act as the data controller and DuelCapture will generally act as the data processor.

Where DuelCapture determines the purposes and means of processing personal data necessary to operate its own service, including account, billing, security, support and administrative information, DuelCapture will act as the data controller.

Data Security

DuelCapture applies appropriate technical and organisational measures designed to protect personal data and Customer Content from accidental or unlawful:

• destruction;
• loss;
• alteration;
• unauthorised disclosure;
• unauthorised access; and
• misuse.

These safeguards may include:

• encryption of data in transit and at rest;
• secure cloud storage;
• logical separation of customer data;
• authentication and access controls;
• restricted administrative access;
• security monitoring and logging;
• vulnerability management;
• secure development practices;
• backup and resilience measures; and
• incident response procedures.

No online service can guarantee absolute security. DuelCapture will maintain safeguards proportionate to the nature of the Service and the risks associated with the information being processed.

Storage and Customer Control

Recordings created through DuelCapture are stored within private storage associated with your account.

You retain control over your recordings and may delete them through the DuelCapture platform.

DuelCapture does not acquire ownership of Customer Content merely because it is created, processed or stored through the Service.

Customer Content will only be processed to the extent necessary to:

• provide the DuelCapture Service;
• process and generate recordings;
• store recordings;
• produce previews, screenshots and exports;
• provide support;
• maintain security and reliability; and
• comply with applicable law.

Deletion and Permanent Purging

When you delete a recording:

1. 1.it is removed from your active DuelCapture library;
2. 2.it becomes unavailable through the normal user interface;
3. 3.deletion is propagated across relevant production systems; and
4. 4.residual copies within backup, replication or deletion systems are scheduled for permanent removal.

Deleted Customer Content will ordinarily be permanently purged within 30 days of deletion.

Once permanently purged, the data cannot ordinarily be recovered.

DuelCapture may retain limited information for longer where necessary to:

• comply with law;
• comply with a valid court or regulatory order;
• investigate fraud or cybersecurity incidents;
• maintain financial or accounting records; or
• protect the legal rights of DuelCapture or its users.

Any such retention will be limited to what is reasonably necessary.

Your Privacy Responsibilities

You are responsible for ensuring that your use of DuelCapture complies with applicable privacy and data protection legislation.

Where your recordings contain personal data, you are responsible for:

• identifying an appropriate lawful basis for processing;
• providing required privacy notices;
• obtaining consent where legally required;
• complying with data-subject rights;
• determining appropriate retention periods;
• ensuring recordings are shared only with authorised persons;
• maintaining appropriate internal security controls; and
• conducting a data protection impact assessment where required.

You must not use DuelCapture to unlawfully record, monitor or process another person's personal data.

Recording and Consent

You are responsible for obtaining any permissions or consents necessary before recording:

• another person's voice;
• another person's image;
• confidential communications;
• employee information;
• customer information;
• personal data;
• sensitive information; or
• information displayed within restricted systems.

DuelCapture provides the recording technology but does not determine what you choose to record.

You must comply with all applicable laws relating to privacy, confidentiality, monitoring and recording.

Governing Law

These Terms and any dispute or claim arising from them or from your use of DuelCapture shall be governed by the laws of England and Wales.

Subject to any mandatory consumer rights, the courts of England and Wales shall have jurisdiction over disputes arising in connection with these Terms or the Service.

Contact

Questions concerning these Terms may be sent to: