Terms & Conditions
Effective: April 8, 2020
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, www.ftrack.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by ftrack.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The terms “us” or “we” or “our” refers to ftrack, the owner of the Website.
A “Visitor” is someone who merely browses our Website, but has not registered as Member.
A “Member” is an individual that has registered with us to use our Service.
Our “Service” represents the collective functionality and features as offered through our Website to our Members.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. ftrack has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Our Legal Terms shall be treated as though it were executed and performed in Sweden, and shall be governed by and construed in accordance with the laws of Sweden, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of ftrack under our Legal Terms shall survive the termination of our Legal Terms.
Data Processing Addendum
This Data Processing Addendum (the “Addendum”) is made by and between ftrack AB (“ftrack”) with registered office in c/o Epicenter, Mäster Samuelsgatan 36, 111 57 Stockholm, Sweden and “Customer”. This Addendum is incorporated into ftrack Terms of Service (“Agreement”) and applies in respect of the provision of the Services to the Customer if the Processing of Customer Personal Data (as defined below) is subject to the GDPR, only to the extent the Customer is a Controller of Customer Personal Data and ftrack is a Processor. The Addendum is intended to satisfy the requirements of Article 28(3) of the GDPR and, prior to the date on which the GDPR takes effect, the requirements of Article 17(3) of the EU Data Protection Directive (95/46/EC). This Addendum shall be effective for the term of the Agreement.
1.1. For the purposes of the Addendum: 1.1.1. “Customer Personal Data” means the Personal Data described under Annex 1 of this Addendum, in respect of which the Customer is the Controller; 1.1.2. “Data Protection Legislation” means all applicable legislation relating to data protection and privacy including without limitation the EU Data Protection Directive 95/46/EC and Directive 2002/58/EC and all local laws and regulations which amend or replace any of them, including the GDPR, together with any national implementing laws in any Member State of the European Union or, to the extent applicable, in any other country, as amended, repealed, consolidated or replaced from time to time; 1.1.3. “GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data; and 1.1.4. “Personal Data”, “Data Subject”, “Personal Data Breach”, “Process”, “Processor” and “Controller” will each have the meaning given to them in the GDPR. 1.2. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement.
2. Processing of Customer Personal Data
2.1. The parties acknowledge and agree that Customer is the Controller of Customer Personal Data and ftrack is the Processor of that data. ftrack will only Process Customer Personal Data as a Processor on behalf of and in accordance with the Customer’s prior written instructions and for no other purpose. ftrack is hereby instructed to Process Customer Personal Data to the extent necessary to enable ftrack to provide the Services in accordance with the Agreement.
2.2. If ftrack cannot process Customer Personal Data in accordance with Customer’s instructions due to a legal requirement under any applicable European Union or Member State law, ftrack will (i) promptly notify the Customer of such inability, providing a reasonable level of detail as to the instructions with which it cannot comply and the reasons why it cannot comply, to the greatest extent permitted by applicable law; and (ii) cease all Processing of the affected Customer Personal Data (other than merely storing and maintaining the security of the affected Customer Personal Data) until such time as the Customer issues new instructions with which ftrack is able to comply. If this provision is invoked, ftrack will not be liable to the Customer under the Agreement for failure to perform the Services until such time as the Customer issues new instructions. ftrack will immediately inform Customer if, in its opinion, an instruction from Customer infringes the Data Protection Legislation.
2.3 Each of the Customer and ftrack will comply with their respective obligations under the Data Protection Legislation. Customer shall ensure that Customer has informed its data subjects and obtained (or will obtain) all rights and consents (if required by the applicable Data Protection Legislation) to allow ftrack to Process Customer Personal Data to provide the Services in accordance with this Addendum and the Agreement.
3.1. ftrack will ensure that any person whom ftrack authorizes to Process Customer Personal Data on its behalf is subject to confidentiality obligations in respect of that Customer Personal Data.
4. Security Measures
4.1. ftrack will implement appropriate technical and organisational measures to protect against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Personal Data. 4.2. ftrack will, at the Customer’s request and subject to the Customer paying all of ftrack’s fees at prevailing rates, and all expenses, provide the Customer with reasonable assistance as necessary for the fulfilment of the Customer’s obligation to keep Customer Personal Data secure.
5.1. Customer authorizes ftrack to appoint sub-Processors to perform specific services on ftrack’s behalf which may require such sub-Processors to Process Customer Personal Data. If ftrack engages a sub-Processor to Process any Customer Personal Data, it will:
inform Customer of any intended changes concerning the addition or replacement of such sub-Processors and Customer will have an opportunity to object to such changes on reasonable grounds within thirty (30) calendar days after being notified. If the parties are unable to resolve such objection, either party may terminate the agreement by providing written notice to the other party; and
enter into a binding written agreement with the sub-Processor that imposes on the sub-Processor the same obligations that apply to ftrack under this Addendum. Where any of its sub- Processors fails to fulfil its data protection obligations, ftrack will be liable to the Customer for the performance of its sub-Processors’ obligations.
6. Data Subject Rights
6.1. ftrack will, at the Customer’s request and subject to the Customer paying all of ftrack’s fees at prevailing rates, and all expenses, provide the Customer with assistance necessary for the fulfilment of the Customer’s obligation to respond to requests for the exercise of Data Subjects’ rights. ftrack shall not respond to such requests without Customer’s prior written consent and written instructions. Customer shall be solely responsible for responding to such requests.
7. Personal Data Breaches
7.1. ftrack will notify the Customer as soon as practicable after it becomes aware of any of any Personal Data Breach affecting any Customer Personal Data. At the Customer’s request and subject to the Customer paying all of ftrack’s fees at prevailing rates, and all expenses, ftrack will promptly provide the Customer with all reasonable assistance necessary to enable the Customer to notify relevant security breaches to the competent data protection authorities and/or affected Data Subjects, if Customer is required to do so under the GDPR. Customer is solely responsible for complying with data incident notification requirements applicable to Customer and fulfilling any third-party notification obligations related to any data incidents.
8. Data Protection Impact Assessment; Prior Consultation
8.1. ftrack will, at the Customer’s request and subject to the Customer paying all of ftrack’s fees at prevailing rates, and all expenses, provide the Customer with reasonable assistance to facilitate:
conduction of data protection impact assessments if the Customer is required to do so under the GDPR; and
consultation with data protection authorities, if the Customer is required to engage in consultation under the GDPR,
in each case solely to the extent that such assistance is necessary and relates to the Processing by ftrack of the Customer Personal Data, taking into account the nature of the Processing and the information available to ftrack.
9. Deletion of Customer Personal Data
9.1. ftrack will return or delete, at Customer’s choice, Customer Personal Data to the Customer after the end of the provision of Services relating to the Processing and delete existing copies unless the applicable European Union or member state law requires storage of the data.
10.1. ftrack will, at Customer’s request and subject to the Customer paying all of ftrack’s fees at prevailing rates, and all expenses, provide the Customer with all information necessary to enable the Customer to demonstrate compliance with its obligations under the GDPR, and allow for and contribute to audits, including inspections, conducted by the Customer or an auditor mandated by the Customer, to the extent that such information is within ftrack’s control and ftrack is not precluded from disclosing it by applicable law, a duty of confidentiality, or any other obligation owed to a third party, and provided that such audits shall be carried out with reasonable notice during regular business hours not more often than once per year.
11.1. Each party’s liability towards the other party under or in connection with this Addendum will be limited in accordance with the provisions of the Agreement.
11.2. The Customer acknowledges that ftrack is reliant on the Customer for direction as to the extent to which ftrack is entitled to Process Customer Personal Data on behalf of Customer in performance of the Services. Consequently, ftrack will not be liable under the Agreement for any claim brought by a Data Subject arising from any action or omission by ftrack, to the extent that such action or omission resulted directly from the Customer’s instructions or from Customer’s failure to comply with its obligations under the applicable data protection law.
12. General Provisions
12.1. With regard to the subject matter of this Addendum, in the event of inconsistencies between the provisions of this Addendum and the Agreement, the provisions of this Addendum shall prevail.
13. Refund Policy
We offer a free 14-day trial on new subscriptions to ftrack Studio. Cancel within the first 14 days and you won’t be charged.
For monthly subscription, payment is taken upfront for that month, cancel before 30 days and you won’t be charged again.
You are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 18th of every month, and you cancel on the 24th, you’ll still have to pay for the current month, but you won’t be charged again after that. You will remain to have access to ftrack until the paid period ends.
For annual subscriptions, payment is taken upfront for the year, cancel within 365 days and the subscription won’t renew. Any cancellation allows you to have access to ftrack for the remainder of the paid period. No refunds are provided for any periods not in use.
How do I cancel my account?
You can cancel your account at any time by emailing [email protected] and tell us to cancel your account.