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Swimlane’s SaaS Terms of Service and Software License Agreement – Direct Agreement

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Service Level Commitment

March 2023

Swimlane commits to provide 99.9% uptime with respect to the SaaS Software during each month of the Term, excluding periods of unavailability due to Excluded Items. If in any calendar month this uptime commitment is not met by Swimlane and Licensee was negatively impacted (i.e., attempted to log into or access the SaaS Software and failed due to the downtime of the SaaS Software not due to an Excluded Item), Swimlane shall provide Licensee, as Licensee’s sole and exclusive remedy, a service credit equal to the following:

• Uptime of at least 99.9%: NO CREDIT
• Uptime between 97%-99.9%: 5% of the monthly fee for the SaaS Software
• Uptime between 95%-97%: 10% of the monthly fee for the SaaS Software
• Uptime between 90%-95%: 20% of the monthly fee for the SaaS Software
• Uptime between 80%-90%: 30% of the monthly fee for the SaaS Software
• Uptime of less than 80%: 50% of the monthly fee for the SaaS Software

Downtime shall begin to accrue as soon as Customer notifies Swimlane that downtime is taking place and will continue to accrue until service is restored.  Credit is triggered for each period of 60 consecutive minutes of downtime, provided that no more than one such credit will accrue per day.  If Customer requests maintenance during these hours, the SLA calculation will exclude periods affected by such maintenance.  Any downtime resulting from outages of third-party connections or utilities or other reasons beyond the control of Swimlane will also be excluded from the calculation.

Exclusions

Swimlane shall not be responsible for any unavailability of the SaaS Software caused by the following (none of which shall constitute downtime) (collectively, “Excluded Items”):

• Scheduled maintenance.
• Any emergency maintenance if Licensee is notified of such emergency maintenance at least two days in advance.
• The inability, through no fault of Swimlane, of Licensee to access the internet or properly use the SaaS Service.
• Any force majeure event impacting Licensee or Swimlane.
• The hardware, software, servers, networks, or other infrastructure of Licensee, including as a result of any bugs, errors, breakdowns, or faults of any of the foregoing, or outdated software or firmware; or
• Limitations on the bandwidth of Licensee’s internet connection or the failure of the internet connection to handle the number of users accessing the SaaS Software.

Credit Request

To receive a credit under this Addendum, Licensee must request the credit directly by sending an email to Swimlane at [email protected] within five days of the end of the applicable month. If Licensee is past due or in default with respect to any payment or any material contractual obligations to Swimlane, Licensee shall not be eligible for any credit under this Addendum. Swimlane shall calculate any service level downtime using Swimlane’s system logs and other records.

Updates

This Addendum may be amended by Swimlane in its sole discretion but only after providing thirty days advance notice to Licensee. Notices will be sufficient if provided to a user designated as an administrator of Licensee’s account either: (a) as a note on the screen of the SaaS Software presented immediately after completion of logging in, or (b) by email to the registered email address provided for the administrator(s) for Licensee’s account.

This privacy policy has been compiled to better serve those who are concerned with how their personally identifiable information (PII) is being used online.

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Swimlane may use cookies, web beacons, tracking pixels, and other tracking technologies when you visit our website at https://swimlane.com

Effective Date: April 5, 2021

Swimlane (“Swimlane”, “we”, “us” or “our”) may use cookies, web beacons, tracking pixels, and other tracking technologies when you visit our website at https://swimlane.com, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively the “Site”). This Cookie Policy is part of and is incorporated into our Privacy Policy. By using the Site, you agree to be bound by this Cookie Policy and our Privacy Policy.

We reserve the right to make changes to this Cookie Policy at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Cookie Policy. Any changes or modifications will be effective immediately upon posting the updated Cookie Policy on the Site, and you waive the right to receive specific notice of each such change or modification.

You are encouraged to periodically review this Cookie Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Cookie Policy by your continued use of the Site after the date such revised Cookie Policy is posted.

What is a Cookie and Why Do We Use Them?
“Cookies” are small text files that are stored on your computer or mobile device. They are widely used in order to make websites work, or work in a better, more efficient way. They can do this because websites can read and write these files, enabling them to recognize you and remember important information that will make your use of a website more convenient (e.g., by remembering your user preferences). 

By using cookies, we may automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site.

What Cookies Do We Use?
Below we list the different types of cookies we may use on the Site.

Essential Cookies. These cookies are essential to our Site in order to enable you to move around it and to use its features. Without these absolutely necessary cookies, we may not be able to provide certain services or features and our Site will not perform as smoothly for you as we would like.

Performance Cookies. Performance cookies, which are sometimes called analytics cookies, collect information about your use of this Site and enable us to improve the way it works. For example, performance cookies show us which are the most frequently visited pages on the Site, allow us to see the overall patterns of usage on the Site, help us record any difficulties you have with the Site and show us whether our advertising is effective or not.

Functionality Cookies. In some circumstances, we may use functionality cookies. Functionality cookies allow us to remember the choices you make on our Site and to provide enhanced and more personalized features, such as customizing a certain webpage, remembering if we have asked you to participate in a promotion and for other services you request, like watching a video. All of these features help us to improve your visit to the Site.

Flash Cookies. We may, in certain situations, use Adobe Flash Player to deliver special content, such as video clips or animation. To improve your user experience, Local Shared Objects (commonly known as Flash cookies) are employed to provide functions such as remembering your settings and preferences. Flash cookies are stored on your device, but they are managed through an interface different from the one provided by your web browser. This means it is not possible to manage Flash cookies at the browser level, in the same way you would manage cookies. Instead, you can access your Flash management tools from Adobe’s website directly. The Adobe website provides comprehensive information on how to delete or disable Flash cookies. See here for further information. Please be aware that if you disable or reject Flash cookies for this Site, you may not be able to access certain features, such as video content or services that require you to sign in.

Targeting or Advertising Cookies. We and our service providers may use targeting or advertising cookies to deliver ads that we believe are more relevant to you and your interests. For example, we may use targeting or advertising cookies to limit the number of times you see the same ad on our Site and to help measure the effectiveness of our advertising campaigns. These cookies remember what you have looked at on the Site and we may share this information with other organizations, such as advertisers.

• Google Analytics. To help facilitate the delivery of relevant content, we use Google Analytics. Google Analytics uses cookies to report on user interactions on our and others’ websites. We use the data collected for optimizing marketing, refining advertising and/or programming strategies, and generally improving user experience. For more information about Google Analytics and how it collects and processes data, please visit: https://policies.google.com/technologies and instructions on opting out of Google Analytics using a specific plug-in is available at the following link: https://tools.google.com/dlpage/gaoptout. Note that this opt-out is specific to Google activities and does not affect the activities of other ad networks or analytics providers that we may use.
  • Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. More information available here. We have not enabled Google AdSense on our Site but we may do so in the future.
• Facebook Analytics. We also use Facebook Analytics to measure your use of our Site, tailor our Site to your interests, and improve our products and services. Please note, Facebook can connect this data with your Facebook account and use it for its own advertising purposes, in accordance with Facebook’s Data Policy which can be found at Facebook.com/about/privacy/. Please click here if you would like to withdraw your consent.

How do I Control Cookies?
Most browsers are set to accept cookies by default. However, you may refuse to accept cookies from this Site at any time by activating the setting on your browser. You may also refuse to accept cookies through our cookie banner. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) to learn more and opt-out of interest-based advertising by clicking here. Please note that you will have to change your settings for each browser and device you use. Moreover, such methods will not work with respect to certain non-cookie online tracking technologies. The procedure for changing your settings and cookies differ from browser to browser. If necessary, use the help function on your browser or click one of the links below to go directly to the user manual for your browser.

• Apple Safari
• Blackberry
• Google Chrome
• Microsoft Edge
• Microsoft Internet Explorer
• Mozilla Firefox
• Opera

Please be aware that if cookies are disabled (in particular the essential and functionality cookies), not all features of the Site may operate as intended. However, you can still contact our customer service at 1-844-SWIMLANE (1-844-794-6526) to place orders and obtain other online interactions over the phone. 

Contact Us
We hope that this cookie policy helps you understand, and feel more confident about, our use of cookies. If you have any further questions, please see our privacy policy here or contact us at [email protected], 844-794-6526, or through our webform here.

Our mission

The Swimlane mission is to automate the world of cybersecurity, helping security and IT professionals overcome the struggles of alert fatigue, vendor proliferation and chronic staffing shortages. But our work doesn’t end there. Our commitment extends beyond our core business objectives as a responsible and ethical participant in the global community. 

At Swimlane, we recognize we have an impact on the world in which we live and the people we interact with. This includes our employees, our customers and suppliers, the communities in which we live and work, and the environment. As such, Swimlane is committed to operating in an economically, socially, and environmentally sustainable manner, while recognizing the interests of its stakeholders. 

Our standard

At Swimlane, we have implemented and maintained a commitment to be a responsible corporate citizen and positive contributor to the global community since our founding. We expect all of our employees to hold themselves to the highest ethical standards, and our corporate mission mandates that we will strive to positively impact the people we work with, the customers we serve, and the communities we live in. 

We live these values continuously through our policies and our actions, working to empower personal and professional growth for all of our employees, embrace diversity and inclusion as a tenet of our identity, and follow responsible business practices and standards in our all dealings with clients and suppliers. This includes giving back our time, money, and resources, when possible, to our communities through philanthropy, volunteering, and/or personal engagement.

Our action

Swimlane strives to be a responsible business representing the highest standards of ethics and professionalism. We continuously review global best practice guidelines and standards, and strive to maintain awareness of current environmental issues, informing, educating, and standing alongside our employees to improve the environment and minimize our impact through the adoption of sustainable practices.

Swimlane’s social responsibilities are defined by both compliance and proactiveness. We are committed to upholding all legal requirements, and our willingness to observe, acknowledge, and respect community values and laws. Our proactiveness is manifested by emphasizing and recognizing human rights locally and globally, and actively engaging with our communities through volunteering, community service, pro-bono service, and philanthropy, while always protecting and respecting our natural environment through our actions and policies.

For our employees, we implement policies and take action to drive diversity and inclusion by fostering an environment where all team members are empowered to share their diverse perspectives and experiences so we can ultimately be better together. Our policies, practices, programs, activities, and decisions regarding employment, hiring, assignment, promotion, compensation, volunteerism, and internships are not based on a person’s race, color, sex, age, religion, national origin, mental or physical disability, ancestry, military discharge status, sexual orientation, gender identity or expression, marital status, source of income, parental status, housing status, or other protected status. We strongly encourage women, people of color, veterans, individuals with disabilities, and members of the LGBTQ community to join the company and live the shared values of Swimlane.

Our commitments

At Swimlane, we will:

• Respect and uphold applicable local, state, and federal laws to the best of our abilities
• Honor and review all internal policies for complete and responsible implementation
• Ensure that all business transactions and relationships are legitimate, free of influence and bribery
• Keep all partnerships and collaborations transparent and open
• Recognize that privacy is a fundamental right, and we will comply with all privacy laws and expectations. In addition, we will work whenever possible to ensure that we respect the ability for all to manage their personal data.

Our reach

Swimlane operates in several countries and it is our intention to comply with all applicable legal requirements. If a provision of our policy conflicts with applicable local legal requirements, we will work to develop country-specific policies in order to accommodate the differing local regulations/legal requirements.

To request access, amend, move, or delete any personal information we have about you, please visit our Data Subject Access Request page

End of Life Announcement (EOLA): Issuance of an EOLA marks the beginning of the EOL life cycle for a software product.

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