Openings Studio™
EU Data Portability and Data Switching Addendum (“Addendum”)
European Subscribers have the right to port data limited to the scope and extent of the rights granted to the Subscriber under Regulation (EU) 2023/2854 (the “Data Act”). Non-capitalized terms and expressions used in this Addendum relating to the Data Act shall be construed in accordance with the meaning given to them in the Data Act (e.g., “exportable data,” “switching,” “digital assets”).
Data Portability
If Subscriber elects to port data, Subscriber will undertake all necessary measures to achieve an effective, smooth and successful process for all data porting activities. Subscriber is responsible for all measures related to import and implementation of the exportable data and digital assets in the Subscriber’s own systems or in the systems of the third-party data processing provider, if any.
Subscriber may request access to and porting of Exportable Data for facilitating interoperability for the purposes of in-parallel use of data processing services. When data porting for interoperability purposes, Provider will exercise due care to maintain business continuity, ensure stability of the services provided under the license agreement and maintain a reasonably high level of security throughout the porting process. Subscriber acknowledges that the systems and interfaces used to share data are designed and maintained in accordance with relevant open interoperability specifications as determined by the Provider. Provider shall not be required to develop an interoperability solution specifically for Subscriber.
When a data porting request involves services of the same type, as reasonably determined by Provider, Provider will export all Exportable Data (see below) in a structured, commonly used and machine-readable format.
Switching Process
Subscriber may elect to initiate a process to either transition to an alternative service provider or migrate exportable data to its own on-premises ICT infrastructure (“Switching Process”).
In connection with a Switching Process, Provider will provide reasonable assistance to facilitate the porting of exportable data and digital assets, including (i) supporting the Subscriber in implementing its exit strategy in relation to the servicers provided, (ii) making available the necessary resources, information, documentation and technical support, (iii) exercising due care to maintain business continuity and the stability of services under the license agreement, and (iv) ensuring that a reasonably high level of security is maintained throughout the Switching Process. Provider shall not be required to develop new technologies or services to facilitate the Switching Process.
Scope of Data
Specific categories of exportable data and digital assets available to port or switch are listed below (“Exportable Data”).
Categories of data | Categories of digital assets |
Project information and parameters | Reports (e.g., Word, Excel, PDF) |
Hardware, door and frame information |
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The data or digital assets listed below, which may expose or otherwise divulge Provider’s trade secrets, are protected by intellectual property rights, or compromise the security and integrity of the services, shall be excluded from the scope of porting or switching and shall not be subject to transfer (“Exempted Data”).
Categories of data | Categories of digital assets |
Source code | Smart tags and associated links |
Database structure | Manufacturer building information modeling objects and door families |
Meta data with sensitive content or context | Price books, vendor lists and pricing information |
Security logs and penetration tests | Building design and building floorplans |
APIs |
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User analytics and performance metrics |
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ASSA ABLOY-written specifications |
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Custom products |
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Notification to Port or Switch
To notify Provider of the intent to port or switch, Subscriber shall provide Provider with written notice indicating the Subscriber’s intent. Subscriber will cooperate to specify and confirm all information reasonably required by Provider to fulfill its obligations hereunder. Notification must be sent via email to: openingsstudio@assaabloy.com. Please provide sufficient information about your account to help us efficiently address your request.
Switching Period
The Switching Process will begin as mutually agreed between Subscriber and Provider, but no later than 2 months from receipt of Subscriber’s notification. In the event Subscriber elects to proceed solely with the erasure of Exportable Data and not to initiate a transfer, the services will be terminated in accordance with the license agreement.
Subscriber and Provider will complete the Switching Process within 30 days from the commencement of the Switching Process. Subscriber may request a one-time reasonable extension, which shall not exceed 3 months beyond the original completion date. In the event Provider determines, in its reasonable discretion, that it is not technically feasible to complete the Switching Process within these timeframes, Provider shall notify Subscriber within 14 business days of receipt of Subscriber’s notification of intent to switch including an explanation of the technical limitations or constraints and propose a revised transition period not to exceed 7 months from the commencement of the Switching Process.
Data Retrieval
Upon concluding the Switching Process, Subscriber shall be entitled to access and retrieve any residual data for a period of 30 days. After this 30 day allowance, Provider will erase all data and digital assets generated directly by the Subscriber, or relating to the Subscriber directly unless retention is required by law, litigation purposes, cybersecurity monitoring (e.g., detecting ongoing or recent breaches), or fraud detection or prevention. Provider may keep anonymized or aggregated data and digital assets.
Charges
If Subscriber elects to use another service provider in parallel with services provided under the licensing agreement, Provider may pass on any incurred data egress charges to Subscriber.
In consideration for its assistance under the Switching Process, Subscriber shall reimburse Provider for all of its reasonable and verifiable costs incurred in providing such assistance. The payment terms and invoicing procedures set forth in the licensing agreement shall apply to any amounts payable by the Subscriber under this section.
Termination
Without prejudice to any termination rights in the licensing agreement, services under the licensing agreement and this Addendum shall automatically be terminated upon the earlier of: (i) the completion of the Switching Process, as confirmed by Subscriber and Provider or (ii) at the end of the Switching Process period if Subscriber has elected to proceed solely with the erasure of Exportable Data. Termination under this section shall apply only to the services provided in the licensing agreement and shall not result in termination of the licensing agreement as a whole, unless the licensing agreement exclusively governs the service, in which case the licensing agreement shall be deemed terminated in full upon such event.