Between the Parties: Penneo A/S
Company Reg. no. 35633766
Enghavevej 40, 4th floor
DK-1674 København V
(Hereinafter referred as “Penneo”)
&
End User
(Penneo and the End User hereinafter individually referred to as “Party” and collectively as the “Parties”)
1. SCOPE AND PURPOSE
1.1. Scope. The Penneo Digital Signature Platform (the “Platform”) is LICENSED, NOT SOLD, only in accordance with the terms of this End-User License Agreement (hereinafter referred to as the “EULA”). This license grants the End User a non-exclusive, non-transferable right to sign documents using the Platform. Depending on the identification method used, the End User may store signed documents in their personal Penneo archive.
1.2. Purpose. The purpose of the EULA is to lay down the conditions for the End User’s use of the Platform.
2. ENTRY INTO FORCE AND TERMINATION
2.1. Entry into force. The EULA enters into force when the End User signs the first document using the Platform.
2.2. Termination. The EULA terminates either:
- 2.2.1. If no archive was created: the EULA terminates upon the End User’s receipt of either a copy of the signed document or a link to the signed document provided by Penneo or Penneo’s Customer.
- 2.2.2. If an archive was created: the EULA terminates upon the End User’s request for Penneo to delete the archive through https://www.support.penneo.com/hc/en-gb/requests/new.
3. PROCESSING OF PERSONAL DATA
3.1. Purpose of processing. The processing of documents for digital signing requires the processing of the personal data stated under 3.5. Penneo only processes personal data that is relevant for the delivery of the Platform. Penneo does not sell any personal data collected.
3.2. Legal basis. The processing of personal data is based on performance of contract, as defined in art. 6.1. (b) of the General Data Protection Regulation (“GDPR”)
3.3. Penneo as Controller. In relation to the End User’s archive, Penneo is the Data Controller. Penneo provides the End User a space to store and access documents signed through Penneo Sign when applicable, based on the identification method used for signing.
3.4. Penneo as Processor. For any personal data contained in the signed document, the Penneo Customer acts as the Data Controller, while Penneo acts as a Data Processor. The End User shall contact the Data Controller directly with any questions regarding how the data is processed in that case.
3.5. Types of personal data. The following personal data of the End User will be processed each time the End User signs a document:
- 3.5.1. Required data: full name, email address, IP address.
- 3.5.2. Optional (as defined by Penneo’s Customer): job title, phone number, electronic ID information, National identification number.
3.6. Data subject’s rights. The End User shall have all rights under Chapter III of the GDPR
4. CONTACT
4.1. Contact. The End User may contact Penneo regarding the processing of the personal data using the following information.
- 4.1.1. Postal address
- Penneo A/S (CVR nr. 35633766)
- Enghavevej 40, 4. sal
- DK 1674 København V
- 4.1.2. Website: https://penneo.com
- 4.1.3. Penneo’s Support Team: https://www.support.penneo.com/hc/en-gb/requests/new
- 4.1.4. Data Protection Officer: Christel Høst (Email: compliance@penneo.com)
4.2. Complaint. The End User may direct any complaints relating to the processing of personal data to Penneo using the contact information in 4.1. If a complaint cannot be resolved after contacting Penneo, the End User may direct the complaint to the relevant data protection authority in accordance with applicable data protection laws.
5. RIGHT TO USE AND INTELLECTUAL PROPERTY RIGHTS
5.1. Right to use. The End User only acquires a non-exclusive, non-transferable and conditional right to use the Platform upon the acceptance of this EULA.
5.2. Intellectual property rights. Penneo retains all intellectual property rights on the Platform. The End User shall respect all intellectual property rights associated with the Platform.
5.3. Restrictions. The End User is prohibited from engaging in any misleading, unethical, fraudulent or illegal activities in connection to the Platform(s) or use the Platform(s) to store or transmit any material containing illegal or unethical content.
6. MAINTENANCE AND SECURITY MEASURES
6.1. Status. If the End User detects failure or irregularities, the End User can check whether the matter has been registered at status.penneo.com.
6.2. Uptime commitment. Penneo commits to maintain an uptime of at least 99.9% on a monthly basis. Penneo maintains a publicly available website to allow the Customer to monitor Penneo’s uptime available at https://status.penneo.com/.
6.3. Security measures. Penneo shall implement and maintain appropriate security measures to ensure secure and reliable delivery of the services specified in the EULA. Penneo’s security measures shall form part of Penneo’s Information Security and Privacy Management System, which includes formal policies, clearly defined roles and responsibilities, as well as technical, organisational and physical controls. Penneo shall engage an independent auditor to audit Penneo’s Information Security and Privacy Management System.
7. LIABILITY AND LIMITATION OF LIABILITY
7.1. Ownership of documents. Penneo is not responsible for the management or use of signed documents after the signing process is complete. It is the responsibility of the End User and Penneo’s Customer to establish ownership of the signed documents and to ensure they are delivered to the appropriate recipient.
7.2. Limitation of liability. Penneo disclaims liability for any direct and/or indirect loss or consequential loss, including, but not limited to, business interruption, loss of profits, loss of the End User’s data and goodwill with the End User.
7.3. Product liability. Penneo is liable for liability in accordance with the general rules of damages of Danish law. However, Penneo’s liability for damages in each case is limited to the amount which is paid out in accordance with Penneo’s liability insurance in force at any time.
7.4. Force majeure. Penneo cannot be held liable for any damages arising from the unavailability of the Platform due to force majeure. Force majeure refers to circumstances beyond Penneo’s control that cannot be mitigated through reasonable financial or practical measures, including but not limited to war, mobilisation, terrorist attacks, failure or breakdown of public electricity supply, strikes, pandemics, fires, or flooding.
8. DUTY OF CONFIDENTIALITY
8.1. Definition. Confidential information means any information disclosed by one Party (“the Disclosing Party”) to the other Party (“the Receiving Party”) under or in connection to the EULA that should be reasonably considered to be confidential due to its nature and the circumstances of disclosure (hereinafter referred to as “Confidential Information”).
8.2. Duty of confidentiality. The Receiving Party may only use Confidential Information in accordance with the EULA and may not disclose such information to third parties, both during and after the term of the EULA, unless authorised in writing by the Disclosing Party.
8.3. Exclusion. The duty of confidentiality does not apply to information that (a) was already known to the Receiving Party prior to the EULA (b) becomes publicly available through no fault of the Receiving Party, (c) is received from a third party without breach of confidentiality obligations, or (d) is required to be disclosed by law, by court order or by order of a public authority.
9. DISPUTES
9.1. Applicable law. The EULA, and any dispute arising from the EULA, shall be governed in accordance with Danish law.
9.2. Jurisdiction. In the event of a dispute arising from the EULA, the Parties shall first attempt to resolve the matter through good-faith negotiations. If an amicable resolution cannot be reached, the dispute may be submitted to the City Court of Copenhagen, which shall have jurisdiction as the court of first instance.
10. OTHER PROVISIONS
10.1. Enforceability. If any provision of the EULA is found to be illegal, invalid, or unenforceable, it shall be enforced to the fullest extent permitted by law to reflect the original intent of the Parties. The invalidity of any provision will not affect the validity or enforceability of the remaining provisions.
10.2. Survival of provisions. Any provision of the EULA intended to survive termination, in whole or in part, shall remain valid, binding and enforceable on the Parties beyond the termination of the EULA.
11. A BIG THANK YOU
11.1. A BIG THANK YOU for using Penneo. The savings in time, print, paper, ink and money are significant. By signing your documents digitally you have not only secured a faster and more safe signature process, but have also reduced the usage of paper, ink and power consumption, so Mother Nature salutes you!
Version 1.7 / 27.01.2025