Terms & Conditions

Last updated: 28 November 2023

These terms and conditions (“Agreement”) govern the use of the Phoenix Whistleblowing Systems (“Phoenix application” or “Service”), a Software as a Service (SaaS) solution for whistleblowing management operated by Integrity International SA. By accessing or using the Phoenix application, the user (“User”) agrees to be bound by these terms and conditions. If the User does not agree to these terms and conditions, the User must immediately stop using the Phoenix application.

Definition of the Service:
Phoenix is a SaaS solution for whistleblowing management operated by Integrity International SA. SaaS is a cloud-based service model where software applications are hosted by a provider and made available to clients over the internet. The clients subscribe to the service on behalf of their own organization or as third-party operators of whistleblowing for their clients. Phoenix offers various features and functionalities for managing whistleblowing incidents, including secure and anonymous reporting channels, case management tools, and analytics reporting.
User Rights and Obligations:
The users have the right to use all features provided in the Phoenix application and must comply with all applicable laws and regulations in the countries they operate, including the General Data Protection Regulation (GDPR) and local data protection laws. They must also comply with whistleblowing laws, witness protection laws related to whistleblowing activities, and shall protect the whistleblowers based on their choice for anonymity or confidentiality. Users are responsible for ensuring that the information they provide in the Phoenix application is accurate and truthful.
Users shall not use the Phoenix application to engage in any fraudulent, illegal, or unethical activities, including but not limited to disclosing false or misleading information or using the application to harass or intimidate other users. Users shall not attempt to gain unauthorized access to the Phoenix application or interfere with its operation or functionality in any way.
Users shall not engage in any fraudulent or misleading activities, including but not limited to providing false, inaccurate, or incomplete information in the Phoenix application, impersonating any person or entity, or misrepresenting their identity, affiliation, or relationship with any other person or entity. Integrity International SA reserves the right to suspend or terminate a user’s access to the Phoenix application if the user engages in any such activities.”
Phoenix reserves the right to suspend or terminate a user’s access to the service if the user violates these terms and conditions.
Payment Terms:
Users pay based on the subscription model they have chosen and for the time period proposed. The pricing and subscription models are described on the Phoenix website. Integrity International SA reserves the right to change the subscription models and pricing, and any changes will be communicated to the user through notifications in the Phoenix application or via email. Users will be notified of any changes to the subscription models and pricing before the end of the subscription period. At the end of the subscription period, the user can choose to continue subscribing to the service under the new subscription models and pricing or to stop using the service. Users are responsible for paying all fees and charges associated with their subscription to the Phoenix application, including any applicable taxes. Failure to pay fees may result in the suspension or termination of the user’s access to the service. If the account is suspended or terminated in accordance with clause 2, the user will not be eligible for a refund
Data Privacy and Security:
Phoenix Whistleblowing Systems complies with the General Data Protection Regulation (GDPR) and provides a system that allows for data privacy and security. However, users of the Phoenix application will be acting as data processors and are responsible for managing the data that they process in compliance with applicable data protection laws and regulations. Users are responsible for ensuring that they obtain all necessary consents and authorizations for processing personal data through the Phoenix application. Phoenix will implement appropriate technical and organizational measures to protect the confidentiality, integrity, and availability of user data. Phoenix will not access or use user data except as necessary to provide the Phoenix application and related support services. In the event of a data breach or other security incident, Phoenix will promptly notify the affected users and take appropriate measures to mitigate the impact of the incident.
Intellectual Property:
The users must recognize that all intellectual property rights, including but not limited to trademarks, trade names, copyrights, and patents, in the Phoenix application are owned by Integrity International SA or its licensors. Users are granted a limited, non-exclusive, non-transferable, and revocable license to use the Phoenix application for the duration of their subscription. Users must not use the Phoenix application in any way that infringes on the intellectual property rights of Integrity International SA or its licensors. Users retain all intellectual property rights in the data and information they provide through the Phoenix application. However, users must ensure that they have the necessary rights and authorizations to use any intellectual property, including names and copyrights, that they input in the Phoenix application. Phoenix reserves the right to remove any content that infringes on the intellectual property rights of others. Users must immediately notify Phoenix of any suspected infringement of intellectual property rights related to the Phoenix application.
Termination and Cancellation:
1. Contract Termination:
  The contractual agreement between the user and Integrity International SA will conclude when the user’s subscription to the Phoenix application expires or is terminated. Once the subscription ends, the user’s rights to access and use the Phoenix application will cease immediately.
2. No Compensation:
  Upon termination or expiration of the subscription, the user will not be entitled to any form of compensation or reimbursement from Integrity International SA for any potential losses or inconveniences incurred due to the loss of access to the Phoenix application.
3. Continuing Obligations:
  Despite the termination of the subscription, certain obligations will persist. This includes adherence to provisions concerning intellectual property rights, data protection, confidentiality, liability, and the application of governing law and jurisdiction. These clauses will remain in effect and enforceable even after the contract has ended.
4. Data Deletion:
  In the event of subscription expiration or termination:
  - Data submitted by whistleblowers will be purged from our systems within one month.
  - User-inputted data will be deleted within three months. This deletion process is subject to any prevailing legal or regulatory requirements that mandate the retention of certain types of data.
5. Record Retention:
  Integrity International SA is obligated to retain certain data, such as billing records and other necessary documentation, as dictated by applicable laws and regulations.
6. Refund Policy:
  All fees paid for the Phoenix application are non-refundable, except in circumstances where refunding is mandated by law.
7. Rights of Phoenix:
  Phoenix reserves the unequivocal right to suspend or terminate a user’s access to the application at any time, for any reason. This includes scenarios involving a breach of the terms and conditions by the user. Such actions will be taken at Phoenix’s discretion to ensure compliance and protect our interests.
Liability and Indemnification:
Integrity International SA shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Phoenix application, including but not limited to loss of profits, revenue, data, or business opportunities, or any other damages arising from the use or inability to use the Phoenix application. To the extent permitted by applicable law, the liability of Integrity International SA shall be limited to the amount paid by the user for the Phoenix application during the preceding twelve (12) months. Users agree to indemnify and hold harmless Integrity International SA, its affiliates, and its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with the user’s use of the Phoenix application, including but not limited to any breach of these terms and conditions, any infringement of intellectual property rights, or any violation of applicable laws or regulations.
Governing Law and Jurisdiction:
These terms and conditions shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to any choice of law or conflict of law provisions. Any disputes arising from or related to the use of the Phoenix application shall be exclusively resolved by the courts of Switzerland. However, users shall also comply with all applicable laws and regulations in the countries where they operate, including but not limited to data protection laws and whistleblowing laws. Users are responsible for ensuring that their use of the Phoenix application complies with all applicable laws and regulations.
Amendments and Updates:
Integrity International SA reserves the right to amend or update these terms and conditions at any time in its sole discretion. Any changes will be communicated to the user through notifications in the Phoenix application or via email. The user’s continued use of the Phoenix application following any such changes constitutes the user’s acceptance of the revised terms and conditions. It is the user’s responsibility to regularly review these terms and conditions to ensure compliance. If the user does not agree to any changes to the terms and conditions, the user must immediately stop using the Phoenix application.
Support and Maintenance:
Integrity International SA shall provide technical support and maintenance for the Phoenix application during the subscription period. The technical support and maintenance shall include resolving technical issues related to the Phoenix application and responding to inquiries related to the use of the Phoenix application. Users can communicate with Integrity International SA’s technical, commercial, or administrative team through the Phoenix application’s ticketing system or via email. Integrity International SA shall use commercially reasonable efforts to respond to support inquiries within a reasonable timeframe. The response time may vary depending on the severity and complexity of the issue. Integrity International SA shall provide updates and patches to the Phoenix application as necessary to maintain its functionality and performance. Integrity International SA shall use commercially reasonable efforts to minimize the disruption to the Phoenix application during any updates or maintenance activities. However, Integrity International SA shall not be liable for any damages or losses arising from any disruption to the Phoenix application during updates or maintenance activities.
Entire Agreement:
These terms and conditions constitute the entire agreement between the user and Integrity International SA regarding the use of the Phoenix application and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the user and Integrity International SA. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of Integrity International SA to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision.
Severability Clause:
1. Validity of Provisions:
  In the event that any provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
2. Adjustment of Invalid Provisions:
  If a provision is deemed unenforceable due to its scope or breadth, such provision shall be amended and interpreted in a manner that renders it enforceable, reflecting as closely as possible the original intent of the parties, while maintaining the Agreement’s overall intent and economic effect.
3. Survival of Agreement:
  The unenforceability of any part of this Agreement will not affect the enforceability of the rest of the Agreement. The remaining provisions shall continue in full force and effect.
Contact Information:
If the user has any questions or concerns about these terms and conditions, please contact Integrity International SA by email at [email protected]