TERMS AND CONDITIONS OF USE

1. INTRODUCTION

1.1 Company Information

The present Terms and Conditions of Use (hereinafter "Terms") regulate the use of the whistleblowing platform (hereinafter "Platform" or "Service") provided by ADVISION PLUS LTD, a company registered in England with its registered office at C/O Pollock Accounting, 3 - 4 Sentinel Square, London, England, NW4 2EL, company registration number 12586003 (hereinafter "we", "our/our" or "Company").

1.2 Definitions

For the purposes of these Terms:

• "Whistleblowing" refers to the act of reporting suspected illegal conduct, irregularities or risks within an organization.
• "Whistleblower" refers to an individual who makes a report through the Platform.
• "Customer": company or organization that subscribes to a plan to use the Platform.
• "User": any person who accesses or uses the Platform, including whistleblowers and investigators.
• "Investigator": person designated by the Customer to examine and manage reports.
• "Branch": specific section within the Customer's account to which multiple investigators can be assigned.

1.3 Acceptance of Terms

Using the Platform, the User accepts these Terms in full. If these Terms are not accepted, please do not use the Platform.

2. DESCRIPTION OF THE SERVICE

2.1 Purpose of the Platform

The Platform is designed to allow confidential reporting of potential irregularities within Customer organizations. The Service is provided to organizations through subscription plans that allow their employees, collaborators or other subjects to make reports.

2.2 Service Availability

The Company commits to maintaining the Platform operational and accessible, but does not guarantee that the Service will be available continuously or without errors. The Company reserves the right to temporarily suspend the Service for planned or unplanned maintenance, updates, or for any other reason, without prior notice.

2.3 Service Termination

The Company reserves the right to terminate the Service at any time, with or without notice. In case of termination, the Company may send an email communication to the Customers, but is not obligated to provide a notice period. The Customers agree that the Company will not be responsible for any damages or losses resulting from the termination of the Service.

3. SUBSCRIPTIONS AND PLANS

3.1 Subscription Plans

The Platform is available through various subscription plans, each with specific features and limitations:

• Starter Plan: Data storage for 6 months, standard reporting form.
• Medium Plan: Data storage for 2 years, possibility to create customized forms.
• Advanced Plan: Data storage for 5 years, possibility to create customized forms and additional features.

3.2 Registration

To use the Platform, Customers must register and subscribe to a plan. Registration requires the provision of accurate and complete information. The Customer is responsible for maintaining the confidentiality of their access credentials.

4. USE OF THE PLATFORM

4.1 Mode of Use

The Customer will receive a dedicated link that they can share with potential whistleblowers through their communication channels. Anyone with access to this link can make reports.

4.2 Report Management

The reports received will be visible exclusively to the investigators designated by the Customer. The reports will remain in the "new reports" category for 5 days, after which they will be moved to the "expiring reports" category, and after 7 days, to the "reports that need a response" category if their status is not updated.

4.3 Branch Organization

Customers can create specific branches within their organization and assign investigators to each branch. Investigators will have access only to reports related to the branches they have been assigned to.

5. PRIVACY AND DATA SECURITY

5.1 Anonymity

The Platform is designed to ensure the anonymity of whistleblowers who choose to remain anonymous. Email addresses or IP addresses of anonymous whistleblowers are not tracked. Personal data (name, surname, email, etc.) will only be collected when a whistleblower explicitly chooses to remain anonymous.

5.2 Encryption

All data received within reports is protected using AES-256 encryption. Communications with the Platform are protected by SSL certificates.

5.3 Data Retention

The duration of data retention varies based on the subscribed plan, as specified in section 3.1. At the end of the retention period, the data will be permanently deleted.

5.4 Data Access

Access to reports is limited to the investigators designated by the Customer. The Company does not access reports unless it is necessary to provide the Service or required by competent authorities.

5.5 Requests from Judicial Authorities

In case of legitimate requests from judicial authorities, the Company may create specific access to allow authorities to access relevant data. The Company reserves the right to disclose information when required by law.

6. CUSTOMER LIABILITY

6.1 General Liability

The Customer is responsible for the use of the Platform and for ensuring that all users acting on their behalf comply with these Terms.

6.2 Investigator Appointment

The Customer is responsible for appointing competent investigators and training them adequately to handle reports appropriately and in compliance with applicable laws.

6.3 Whistleblowing Laws Compliance

The Customer is responsible for ensuring compliance with all applicable laws and regulations in the field of whistleblowing and data protection, including the EU Directive 2019/1937 and the General Data Protection Regulation (GDPR).

7. WHISTLEBLOWER LIABILITY

7.1 Accuracy of Information

The whistleblower must provide accurate and truthful information. The intentional presentation of false information may constitute a violation of these Terms and may have legal consequences.

7.2 Two-Way Communication

The Platform offers a two-way communication function between the whistleblower and investigators. The whistleblower is invited to respond to requests for clarification or further information from investigators.

8. LIMITATION OF LIABILITY

8.1 Exclusion of Warranties

The Platform is provided "as is" and "as available", without any warranties of any kind, express or implied. The Company does not guarantee that the Platform will meet the specific needs of the Customer or the whistleblower, or that it will be uninterrupted, timely, secure or error-free.

8.2 Limitation of Liability

The Company will not be liable for direct, indirect, incidental, consequential, special or exemplary damages resulting from the use or inability to use the Platform, even if the Company has been advised of the possibility of such damages.

8.3 Exclusion of Liability for Web Hosting

The Company declines any responsibility for issues arising from the web hosting provider, including but not limited to: service interruptions, data loss, security violations or other technical issues caused by the hosting provider.

8.4 Force Majeure

The Company will not be responsible for the failure to fulfill its obligations due to circumstances beyond its reasonable control, including but not limited to: natural events, terrorist acts, wars, uprisings, mutinies, acts of civil or military authorities, fires, floods, accidents, epidemics, strikes or shortages of transport, fuel, energy, labor or materials.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Platform Ownership

The Platform and all its contents, features and functionalities are owned by the Company, its licensors or other suppliers and are protected by international copyright, trademark, patent, trade secret and other intellectual property laws.

9.2 License to Use

The Company grants the Customer a limited, non-exclusive, non-transferable and revocable license to use the Platform in accordance with these Terms and for the purpose of the Platform.

10. CHANGES TO THE TERMS

10.1 Updates

The Company reserves the right to modify these Terms at any time. The changes will be effective after the updated Terms are published on the Platform or after notification to the Customers via email.

10.2 Acceptance of Changes

The continued use of the Platform after the publication of the changes to the Terms constitutes acceptance of such changes. If the new Terms are not accepted, the Platform must be discontinued.

11. APPLICABLE LAW AND COMPETENT COURT

11.1 Applicable Law

The present Terms are governed and interpreted in accordance with the laws of England and Wales. However, nothing in these Terms will limit the rights of whistleblowers or exclude the application of mandatory provisions in the field of whistleblower protection and data protection applicable in the countries of the European Union where the Service is used. The Company commits to comply with all applicable whistleblowing regulations, including the EU Directive 2019/1937 and the relevant national implementation laws in the countries where it operates.

11.2 Resolution of Disputes

In case of disputes arising from or related to these Terms, the parties agree to initially seek a friendly resolution through negotiations in good faith. If an agreement cannot be reached within 30 days of the start of negotiations, the disputes will be referred to the non-exclusive jurisdiction of the courts of London, England. However, this provision does not preclude the Customer or the User from initiating legal proceedings in their own jurisdiction of residence or establishment, provided that local mandatory regulations allow it.

11.3 Compliance with Whistleblowing Regulations

The Company recognizes that whistleblowing regulations may vary between the different countries of the European Union. Therefore, the Company commits to adapt its services, if necessary, to ensure compliance with the applicable local regulations in each country where it operates. Users and Customers are invited to inform the Company of any specific requirements applicable in their jurisdiction.

12. GENERAL PROVISIONS

12.1 Entire Agreement

The present Terms constitute the entire agreement between the Customer and the Company regarding the subject of this document and supersede all previous agreements.

12.2 Waiver

The failure or non-exercise by the Company of any right or provision of these Terms will not constitute a waiver of such right or provision.

12.3 Severability

If any provision of these Terms is deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will remain in full force and effect.

12.4 Assignment

The Customer cannot assign or transfer these Terms, in whole or in part, without the prior written consent of the Company. The Company can freely assign or transfer these Terms without restrictions.

13. CONTACTS

For questions or clarifications regarding these Terms, please contact the Company at the following address:

ADVISION PLUS LTD
C/O Pollock Accounting, 3 - 4 Sentinel Square
London, England, NW4 2EL
Email: info@whistleblowingtool.com

Last modified: March 15, 2025