LoudCanary TERMS OF SERVICE

Last Updated: 3 August 2026

These Terms of Service (“Terms”) govern access to and use of the LoudCanary platform and services provided by:

CONVAIANCE LIMITED (Company Number: 17239400), trading as LoudCanary (“LoudCanary”, “we”, “us”, or “our”).

By registering for, accessing, or using the Services, the Customer agrees to be bound by these Terms.

1. DEFINITIONS

In these Terms:

Agreement means these Terms together with any Order Form, Subscription Plan, Trial Agreement, or other document expressly incorporated into these Terms.

Customer means the business entity subscribing to or using the Services.

Customer Data means any information uploaded, submitted, or provided by the Customer.

Services means the LoudCanary platform and related monitoring, alerting, reporting, and risk intelligence services.

Subscription Term means the period during which the Customer is entitled to access the Services.

Alert means any notification generated by the Services.

Third-Party Data means information obtained from public sources, regulatory bodies, government agencies, news providers, court listings, insolvency notices, sanctions databases, or other third-party sources.

2. THE SERVICES
   2.1

LoudCanary provides business risk monitoring and alerting services, which may include:

Companies House monitoring;
Insolvency monitoring;
Gazette monitoring;
Court listing monitoring;
Litigation monitoring;
Director change monitoring;
Adverse media monitoring;
Sanctions screening;
Risk scoring;
Email alerts;
Dashboard reporting;
Other related services.
2.2

LoudCanary may add, modify, suspend, or remove features from the Services at any time.

2.3

LoudCanary does not guarantee that all monitored events will be identified, captured, or notified.

2.4

The Services are provided solely for business purposes.

The Services must not be used for personal, household, or consumer purposes.

3. ELIGIBILITY
   3.1

The Services are available only to businesses and organisations.

3.2

By using the Services, the Customer warrants that:

it is acting in the course of business;
it has authority to enter into this Agreement;
all information supplied is accurate.

4. FREE TRIALS
   4.1

LoudCanary may offer a free trial period.

4.2

Unless stated otherwise, the free trial period shall be sixty (60) days.

4.3

LoudCanary may restrict access to certain functionality during a trial.

4.4

At the end of a trial period access may be terminated unless a paid subscription is purchased.

4.5

Trial accounts are provided strictly on an “as-is” basis.

5. SUBSCRIPTIONS
   5.1

Subscriptions shall commence on the date specified in the Order Confirmation.

5.2

Unless otherwise agreed in writing:

subscriptions are for a minimum term of twelve (12) months;
subscriptions automatically renew for successive twelve-month periods.
5.3

Either party may prevent renewal by providing at least thirty (30) days written notice before the renewal date.

5.4

Unused subscriptions, credits, alerts, reports, or allowances do not roll over unless expressly stated.

6. FEES AND PAYMENT
   6.1

The Customer shall pay all fees specified in the Order Confirmation.

6.2

All fees are exclusive of VAT unless expressly stated otherwise.

6.3

Payments shall be made by:

GoCardless Direct Debit;
bank transfer; or
another method approved by LoudCanary.
6.4

Where payment by Direct Debit is agreed, the Customer shall maintain a valid Direct Debit mandate at all times.

6.5

Failure of a Direct Debit payment shall constitute non-payment.

6.6

Late payments may accrue interest at:

4% per annum above the Bank of England base rate

calculated daily.

6.7

The Customer shall indemnify LoudCanary for reasonable debt recovery costs incurred due to non-payment.

7. CUSTOMER ACCOUNTS
   7.1

The Customer is responsible for:

all user accounts;
passwords;
account activity.
7.2

Login credentials must remain confidential.

7.3

Accounts may not be shared between multiple users unless expressly permitted.

7.4

The Customer must immediately notify LoudCanary of any suspected unauthorised access.

8. INTELLECTUAL PROPERTY
   8.1

All intellectual property rights in the Services remain the property of LoudCanary or its licensors.

8.2

Nothing in this Agreement transfers ownership of any intellectual property to the Customer.

8.3

The Customer may not:

copy;
reproduce;
modify;
reverse engineer;
decompile;
scrape;
extract;
republish;
resell; or
commercially exploit

the Services or any part thereof.

8.4

The Customer may use outputs generated by the Services solely for its own internal business purposes.

9. ACCEPTABLE USE

The Customer shall not:

break applicable laws;
use the Services for unlawful purposes;
attempt unauthorised access;
interfere with platform security;
upload malicious code;
resell the Services;
offer the Services to third parties;
create competing products using the Services;
conduct automated extraction or screen scraping.

10. DATA SOURCES AND ALERTS
    10.1

The Services rely on Third-Party Data.

10.2

LoudCanary does not control Third-Party Data.

10.3

Third-Party Data may:

contain inaccuracies;
be incomplete;
be delayed;
be withdrawn;
be amended after publication.
10.4

LoudCanary does not warrant the accuracy or completeness of Third-Party Data.

10.5

Alerts are provided for informational purposes only.

10.6

The absence of an Alert does not indicate the absence of risk.

11. DATA PROTECTION
    11.1

Each party shall comply with applicable data protection laws including:

UK GDPR;
Data Protection Act 2018;
PECR;
any successor legislation.
11.2

Where the Customer provides personal data, it warrants that it has a lawful basis to do so.

11.3

The Customer is solely responsible for ensuring that its use of information obtained through the Services complies with applicable law.

11.4

The LoudCanary Privacy Policy forms part of this Agreement.

12. ARTIFICIAL INTELLIGENCE
    12.1

Where the Customer uses information obtained from the Services within AI systems, the Customer remains solely responsible for compliance with applicable laws.

12.2

The Customer shall not use LoudCanary data to train, fine-tune, improve, or create machine learning models intended for commercial resale.

12.3

The Customer shall ensure any AI processing is lawful, secure, and compliant with applicable data protection legislation.

13. CONFIDENTIALITY

Each party shall keep confidential all confidential information disclosed by the other party and shall not disclose such information except:

where required by law;
to professional advisers;
to employees requiring access for legitimate business purposes.

14. WARRANTIES
    14.1

The Services are provided on an “as available” and “as is” basis.

14.2

LoudCanary does not warrant that:

the Services will be uninterrupted;
the Services will be error-free;
Alerts will always be delivered;
all monitored events will be detected;
information provided will always be accurate.
14.3

No information supplied through the Services constitutes:

legal advice;
financial advice;
credit advice;
compliance advice; or
professional advice.

15. LIMITATION OF LIABILITY
    15.1

The Services assist risk assessment but must not be relied upon as the sole basis for decision-making.

15.2

LoudCanary shall not be liable for:

loss of profits;
loss of revenue;
loss of contracts;
loss of goodwill;
loss of anticipated savings;
indirect losses;
consequential losses.
15.3

LoudCanary shall not be liable for decisions made by the Customer based upon information or Alerts supplied through the Services.

15.4

Subject to Clause 15.5, LoudCanary’s total aggregate liability shall not exceed the fees paid by the Customer during the twelve (12) months immediately preceding the event giving rise to the claim.

15.5

Nothing in this Agreement excludes liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
any liability that cannot lawfully be excluded.

16. SUSPENSION

LoudCanary may suspend access immediately where:

fees remain unpaid;
these Terms are breached;
security concerns arise;
misuse of the Services is detected;
required by law.

17. TERMINATION
    17.1

Either party may terminate for material breach if the breach remains unremedied for fourteen (14) days following notice.

17.2

LoudCanary may terminate immediately where the Customer:

becomes insolvent;
enters administration;
enters liquidation;
ceases trading.
17.3

Upon termination:

access rights cease immediately;
all licences terminate;
unpaid fees become immediately due.

18. CUSTOMER INDEMNITY

The Customer shall indemnify LoudCanary against all losses, claims, liabilities, and expenses arising from:

misuse of the Services;
unlawful use of data;
breach of these Terms;
breach of applicable law.

19. FORCE MAJEURE

Neither party shall be liable for failure to perform obligations caused by events beyond reasonable control, including:

internet outages;
power failures;
cyber incidents;
natural disasters;
war;
strikes;
governmental action.

20. ASSIGNMENT

The Customer may not assign this Agreement without LoudCanary’s written consent.

LoudCanary may assign or transfer this Agreement as part of a business reorganisation, merger, acquisition, or sale.

21. CHANGES TO THESE TERMS

LoudCanary may update these Terms from time to time.

Material changes shall be notified via the website, email, or platform.

Continued use of the Services constitutes acceptance of revised Terms.

22. GENERAL
    22.1 Entire Agreement

These Terms constitute the entire agreement between the parties.

22.2 Severability

If any provision is invalid, the remaining provisions shall continue in force.

22.3 Third Party Rights

A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999.

22.4 Waiver

Failure to enforce any right shall not constitute a waiver.

23. GOVERNING LAW

This Agreement shall be governed by the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

Last Updated: 1 August 2026

1. Introduction

This Privacy Policy explains how CONVAIANCE LIMITED, trading as LoudCanary(“LoudCanary”, “we”, “our”, or “us”) collects, uses, stores, shares and protects personal data.

CONVAIANCE LIMITED is a company registered in England and Wales with company number 17239400.

LoudCanary provides credit risk monitoring, business intelligence, adverse media monitoring, sanctions screening, insolvency monitoring, court monitoring and related business risk services.

We are committed to protecting your privacy and processing personal data lawfully, fairly and transparently.

2. Who We Are

Data Controller

CONVAIANCE LIMITED t/a LoudCanary

Company Number: 17239400

England and Wales

Email: privacy@LoudCanary.co.uk

Website: www.LoudCanary.co.uk

For the purposes of UK data protection legislation,LoudCanary is the Data Controller in relation to personal data collected through its website and services.

3. Scope of this Policy

This Privacy Policy applies to:

visitors to our website;
prospective customers;
customers and trial users;
authorised users of customer accounts;
suppliers and service providers;
individuals whose personal information may appear in public records monitored through our Services.

4. Information We Collect
   4.1 Information You Provide

We may collect:

name;
business name;
job title;
email address;
telephone number;
billing address;
account login information;
correspondence you send to us;
support enquiries;
feedback and survey responses.
4.2 Information Collected Automatically

When you visit our website or use our platform we may collect:

IP address;
browser type;
operating system;
device information;
usage activity;
pages visited;
referring website addresses;
date and time of access.
4.3 Payment Information

Payments may be processed through third-party payment providers including GoCardless.

We do not store full bank account details or payment card details on our systems.

Payment providers process payment information in accordance with their own privacy policies.

4.4 Publicly Available Data

As part of our Services, we may collect and process information from publicly available sources including:

Companies House;
The Gazette;
UK insolvency records;
court listings;
sanctions registers;
regulatory notices;
company websites;
publicly available news sources.

This information may occasionally contain personal data relating to company directors, officers, partners, members or sole traders.

5. How We Use Personal Data

We use personal data to:

provide our Services;
administer accounts;
authenticate users;
provide customer support;
process payments;
send service notifications;
deliver alerts requested by customers;
improve platform functionality;
monitor platform security;
prevent fraud;
comply with legal obligations;
enforce our contractual rights.

6. Lawful Bases for Processing

Under UK GDPR, we rely on one or more of the following lawful bases:

Contract

Processing necessary to provide requested Services.

Legitimate Interests

Processing required for:

operating our business;
improving Services;
preventing fraud;
network security;
responding to customer enquiries;
providing business risk monitoring services.
Legal Obligation

Processing required to comply with applicable laws and regulations.

Consent

Where required, we rely on consent for marketing communications and certain cookie technologies.

7. Business Risk Monitoring Services

LoudCanary provides monitoring and alerting services based on publicly available and third-party information.

Our Services may identify and store information relating to:

directors;
officers;
shareholders;
beneficial owners;
sole traders;
individuals named in public notices;
individuals named in court or insolvency records.

Where personal data is processed for these purposes, LoudCanary relies on legitimate interests and the lawful publication of such information by official or publicly available sources.

8. Marketing Communications

We may send communications relating to:

product updates;
service announcements;
new features;
industry insights;
promotional offers.

Recipients may opt out at any time by:

using the unsubscribe link;
contacting us directly.

Service-related communications cannot be opted out of where they are necessary for account administration.

9. Cookies and Tracking Technologies

Our website uses cookies and similar technologies.

Cookies may be used to:

operate the website;
remember preferences;
improve functionality;
analyse usage;
enhance security.

Full details are provided in our Cookie Policy.

10. Sharing Personal Data

We may share information with:

Service Providers

Third-party suppliers providing:

hosting;
cloud infrastructure;
payment processing;
customer support systems;
website analytics;
email delivery services.
Professional Advisers

Including:

solicitors;
accountants;
insurers;
auditors.
Legal Authorities

Where required by law, court order or regulatory obligation.

We do not sell personal data.

11. International Transfers

Some of our service providers may process information outside the United Kingdom.

Where international transfers occur, we implement appropriate safeguards including:

adequacy regulations;
International Data Transfer Agreements (IDTA);
Standard Contractual Clauses (SCCs);
other approved transfer mechanisms.

12. Data Security

We maintain appropriate technical and organisational safeguards to protect personal data.

Measures may include:

encryption;
secure hosting environments;
firewalls;
access controls;
authentication procedures;
monitoring and logging;
regular security updates.

While we take appropriate precautions, no internet transmission or storage system can be guaranteed to be completely secure.

13. Data Retention

We retain personal data only for as long as necessary.

Retention periods will depend on:

legal obligations;
contractual requirements;
legitimate business needs;
dispute resolution requirements.

Where information is no longer required, it will be securely deleted or anonymised.

14. Your Rights

Under applicable data protection law, individuals may have rights including:

access to personal data;
correction of inaccurate information;
erasure of personal data;
restriction of processing;
objection to processing;
data portability;
withdrawal of consent (where applicable).

These rights are not absolute and may be subject to legal exemptions.

Requests should be submitted to:

privacy@LoudCanary.co.uk

15. Complaints

If you have concerns regarding our handling of personal data, please contact us first.

You also have the right to complain to the Information Commissioner’s Office (ICO):

Information Commissioner’s Office

Website: https://ico.org.uk

Telephone: 0303 123 1113

16. Third-Party Websites

Our website or Services may contain links to third-party websites.

We are not responsible for the privacy practices or content of external websites.

Users should review those websites’ privacy policies separately.

17. Children’s Privacy

LoudCanary’s Services are intended solely for business users.

They are not directed at individuals under the age of 18.

We do not knowingly collect personal data from children.

18. Changes to this Policy

We may update this Privacy Policy from time to time.

Updated versions will be published on our website.

Where appropriate, we will notify customers of material changes.

19. Contact Us

For privacy-related enquiries, please contact:

CONVAIANCE LIMITED t/a LoudCanary
Company Number: 17239400

Email: privacy@LoudCanary.co.uk

Website: www.LoudCanary.co.uk

Last Updated: 1 August 2026

This Cookie Policy explains how CONVAIANCE LIMITED, trading as LoudCanary (“LoudCanary”, “we”, “our”, or “us”), uses cookies and similar technologies when you visit our website and use our services.

Company: CONVAIANCE LIMITED
Company Number: 17239400
Website: www.LoudCanary.co.uk
Email: privacy@LoudCanary.co.uk

By continuing to use our website, you consent to the use of cookies in accordance with this Cookie Policy, subject to your preferences and applicable law.

1. What Are Cookies?

Cookies are small text files placed on your computer, tablet, mobile phone, or other device when you visit a website.

Cookies help websites function correctly, improve user experience, remember preferences, and provide information about website usage.

Cookies cannot typically be used to identify you directly, although some cookies may be associated with information that could identify you when combined with other data.

2. How We Use Cookies

We use cookies to:

Ensure our website functions properly;
Maintain website security;
Remember user preferences;
Analyse website traffic and usage;
Improve website performance;
Measure marketing effectiveness;
Support account login functionality;
Identify and resolve technical issues.

3. Types of Cookies We Use
   Strictly Necessary Cookies

These cookies are essential for the operation of our website and services.

Without these cookies, parts of the website may not function correctly.

Examples may include:

User session management;
Security and authentication;
Load balancing;
Cookie preference storage;
Website functionality.

Because these cookies are essential, they cannot usually be disabled through our cookie banner.

Performance and Analytics Cookies

These cookies help us understand how visitors use our website.

Information collected is generally aggregated and anonymised.

Examples include:

Website traffic volumes;
Visitor journeys;
Page performance;
Error tracking;
User interaction metrics.

Examples of tools that may use these cookies include:

Google Analytics;
Google Search Console;
Website platform analytics.

These cookies help us improve our website and customer experience.

Functionality Cookies

These cookies allow the website to remember settings and preferences.

Examples include:

Language preferences;
Form information;
User interface settings;
Login preferences.
Marketing and Advertising Cookies

These cookies may be used to measure the effectiveness of advertising campaigns and improve future marketing activity.

Examples may include:

Google Ads;
LinkedIn advertising tools;
Meta (Facebook) advertising technologies;
Remarketing tools.

These cookies may track visits across websites.

We will obtain consent where required before placing such cookies.

4. Third-Party Cookies

Some cookies may be placed by third-party providers that support our website and services.

Examples include:

Google Analytics;
Google Ads;
Microsoft Advertising;
LinkedIn Insight Tag;
Website hosting providers;
Live chat providers;
Payment providers.

The operation of these cookies is subject to the privacy policies of the relevant third parties.

We do not control third-party cookies.

5. Consent

Where required by law, we will ask for your consent before placing non-essential cookies on your device.

You may:

Accept all cookies;
Reject non-essential cookies;
Customise your preferences.

You may change your preferences at any time through our cookie settings tool.

6. Managing Cookies

Most web browsers allow you to control cookies through browser settings.

You may:

Block cookies;
Delete cookies;
Receive notifications when cookies are placed.

Please note that disabling cookies may impact website functionality.

Guidance for managing cookies can be found via your browser provider.

7. Cookie Retention

Cookies may remain on your device for different periods of time.

Session Cookies

Session cookies are automatically deleted when you close your browser.

Persistent Cookies

Persistent cookies remain on your device until:

They expire; or
You delete them manually.

Retention periods vary depending on the cookie and service provider.

8. Do Not Track Signals

Some browsers offer a “Do Not Track” setting.

As there is currently no universally accepted standard for responding to these signals, our website may not respond to such requests.

9. Changes to This Cookie Policy

We may update this Cookie Policy from time to time.

Changes may be made to reflect:

Legal requirements;
Regulatory guidance;
Changes to our website;
Changes to third-party services.

Updated versions will be posted on our website.

Your continued use of the website after an update constitutes acceptance of the revised policy.

10. Contact Us

If you have any questions regarding this Cookie Policy or our use of cookies, please contact:

CONVAIANCE LIMITED t/a LoudCanary
Company Number: 17239400

Email: privacy@LoudCanary.co.uk

Website: www.LoudCanary.co.uk

Last Updated: 1 August 2026

This Acceptable Use Policy (“Policy”) forms part of the Terms of Service between CONVAIANCE LIMITED, trading as LoudCanary (“LoudCanary”, “we”, “our”, or “us”) and any individual or organisation using our website, platform, services, reports, alerts, data, or related products (“Customer”, “you”, or “your”).

By accessing or using the Services, you agree to comply with this Policy.

1. PURPOSE OF THIS POLICY

The purpose of this Policy is to ensure that LoudCanary’s Services are used lawfully, responsibly, and in a manner that protects:

our customers;
public data sources;
third-party providers;
our intellectual property rights;
the integrity and security of the Services.

2. PERMITTED USE

You may use the Services solely for legitimate internal business purposes, including:

monitoring customers, suppliers, prospects, or business partners;
assessing business risk;
supporting credit control activities;
conducting business due diligence;
monitoring insolvency risks;
monitoring legal and court activity;
monitoring sanctions exposure;
monitoring adverse media coverage;
internal risk management and compliance activities.

Use of the Services must always comply with applicable laws and regulations.

3. PROHIBITED USES

You must not use the Services:

3.1 Unlawful Activities
for any unlawful purpose;
to violate any applicable law or regulation;
to assist or facilitate fraud;
to support criminal activity;
to infringe the rights of any person or organisation.
3.2 Consumer Credit Activities

Unless expressly authorised by applicable law and your own regulatory permissions, you must not use the Services as the sole basis for:

consumer lending decisions;
consumer credit scoring;
consumer profiling;
consumer financial eligibility assessments.
3.3 Harassment or Abuse

You must not use information obtained through the Services to:

harass individuals;
intimidate individuals;
discriminate unlawfully;
publish personal information unlawfully;
target individuals for malicious purposes.
3.4 Competitor Services

You must not use the Services to:

develop a competing product or service;
benchmark the platform for competitive purposes;
copy platform functionality;
reverse engineer the Services.
3.5 Reselling

You must not:

resell access to the Services;
sublicense access;
provide login credentials to third parties;
provide the Services as part of another commercial offering without our written consent.

4. DATA ACCESS AND USAGE RESTRICTIONS
   4.1 Internal Business Use Only

Unless expressly agreed in writing, all information obtained through the Services is licensed solely for your internal business use.

4.2 No Redistribution

You must not:

publish data extracted from the Services;
redistribute reports on a commercial basis;
create databases from the information provided;
sell or licence data obtained through the Services.
4.3 No Bulk Extraction

You must not:

download excessive quantities of information;
scrape data;
harvest information;
systematically extract content;
create mirror databases.

5. ACCOUNT SECURITY

You are responsible for maintaining the security of your account.

You must:

keep passwords confidential;
use strong passwords;
ensure only authorised personnel access the platform;
promptly remove access for former employees or contractors;
notify LoudCanary immediately if account credentials are compromised.

You must not:

share login credentials;
permit unauthorised account access;
circumvent account restrictions.

6. TECHNICAL RESTRICTIONS

You must not:

attempt to gain unauthorised access to any system;
interfere with platform operation;
bypass security controls;
probe or test vulnerabilities without our express written consent;
transmit viruses, malware, ransomware, or malicious code;
attempt denial-of-service attacks;
overload or disrupt infrastructure.

7. CUSTOMER DATA

Where you provide information to LoudCanary, you warrant that:

you have the right to provide such information;
the information is accurate to the best of your knowledge;
the information does not infringe third-party rights;
you have complied with applicable data protection laws.

You remain responsible for all Customer Data submitted to the platform.

8. DATA PROTECTION AND PRIVACY

You must comply with all applicable data protection legislation, including:

UK GDPR;
Data Protection Act 2018;
Privacy and Electronic Communications Regulations (PECR);
and any successor legislation.

You are solely responsible for establishing an appropriate lawful basis for any personal data processed using information obtained through the Services.

LoudCanary is not responsible for your compliance obligations.

9. ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING

Unless expressly authorised by LoudCanary in writing, you must not:

use LoudCanary data to train AI models;
use LoudCanary data to fine-tune AI systems;
create machine learning datasets from LoudCanary outputs;
use LoudCanary data to develop competing AI products.

You may use LoudCanary outputs within your internal business workflows provided such use complies with applicable law and does not breach any provision of this Policy.

10. AUTOMATED ACCESS

You must not access the Services through:

bots;
automated scripts;
web crawlers;
data scraping tools;
robotic process automation systems;

unless expressly authorised by LoudCanary in writing.

11. MONITORING AND ENFORCEMENT

LoudCanary may monitor use of the Services to:

maintain security;
prevent abuse;
investigate breaches;
comply with legal obligations.

Where we reasonably believe a breach of this Policy has occurred, we may:

suspend access;
restrict functionality;
terminate accounts;
remove content;
report activity to relevant authorities;
pursue legal remedies.

12. REPORTING MISUSE

If you believe the Services are being misused, please contact:

Email: support@LoudCanary.co.uk

We will investigate all reasonable reports.

13. BREACH OF THIS POLICY

A breach of this Policy may constitute a material breach of the LoudCanary Terms of Service.

LoudCanary reserves the right to:

suspend access immediately;
terminate subscriptions;
deny future access;
seek compensation for losses arising from misuse.

14. CHANGES TO THIS POLICY

We may amend this Policy from time to time.

Updated versions will be published on our website and will become effective on publication unless otherwise stated.

Continued use of the Services following publication constitutes acceptance of the updated Policy.

15. CONTACT DETAILS

CONVAIANCE LIMITED t/a LoudCanary
Company Number: 17239400

Email: support@LoudCanary.co.uk
Website: www.LoudCanary.co.uk

Last Updated: 1 August 2026

This Data Processing Addendum (“DPA”) forms part of the agreement between:

CONVAIANCE LIMITED, trading as LoudCanary, a company incorporated in England and Wales under company number 17239400 (“LoudCanary”, “Processor”, “we”, “our”, or “us”);

and

the customer using the Services (“Customer”, “Controller”, “you”, or “your”).

This DPA applies where LoudCanary processes Personal Data on behalf of the Customer in connection with the Services.

1. PURPOSE

This DPA sets out the parties’ obligations regarding the processing of Personal Data under:

UK GDPR;
Data Protection Act 2018;
Privacy and Electronic Communications Regulations (PECR);
and any applicable successor legislation.

2. DEFINITIONS

In this DPA:

Controller, Processor, Data Subject, Personal Data, Processing, Special Category Data, and Personal Data Breach have the meanings given in applicable Data Protection Legislation.

Customer Data means any Personal Data provided by, uploaded by, submitted by, or otherwise made available to LoudCanary by the Customer.

Data Protection Legislation means:

UK GDPR;
Data Protection Act 2018;
PECR;
any successor legislation.

Services means the LoudCanary platform and related monitoring, alerting, reporting, and risk intelligence services.

3. RELATIONSHIP OF THE PARTIES
   3.1

The parties acknowledge that:

the Customer acts as Controller of Customer Data;
LoudCanary acts as Processor of Customer Data.
3.2

Nothing in this DPA shall make LoudCanary a Controller of Customer Data provided by the Customer.

3.3

Where LoudCanary independently determines the purposes and means of processing personal data relating to its own customers, users, prospects, suppliers or website visitors, LoudCanary acts as an independent Controller.

4. PROCESSING INSTRUCTIONS
   4.1

LoudCanary shall process Customer Data only:

to provide the Services;
on documented instructions from the Customer;
to comply with applicable law.
4.2

The Agreement, Terms of Service, use of the platform, and Customer configuration of the Services constitute documented instructions for processing.

4.3

If LoudCanary believes an instruction infringes applicable Data Protection Legislation, LoudCanary may inform the Customer and suspend implementation until the matter is resolved.

5. NATURE AND PURPOSE OF PROCESSING

LoudCanary may process Personal Data for the following purposes:

account administration;
user authentication;
monitoring services;
alert delivery;
customer support;
subscription management;
system maintenance;
platform security;
backup and recovery.

6. TYPES OF PERSONAL DATA

Depending upon the Customer’s use of the Services, Personal Data may include:

names;
business email addresses;
telephone numbers;
job titles;
user account details;
IP addresses;
login records;
system activity logs;
information contained within monitoring lists uploaded by Customers.

7. CATEGORIES OF DATA SUBJECTS

Data Subjects may include:

Customer employees;
Customer users;
company directors;
sole traders;
shareholders;
officers of corporations;
business contacts;
suppliers;
customers of the Customer.

8. CONFIDENTIALITY
   8.1

LoudCanary shall ensure that personnel authorised to process Personal Data:

are subject to confidentiality obligations; or
are bound by appropriate contractual duties of confidentiality.
8.2

Access to Personal Data shall be restricted to personnel with a legitimate business need.

9. SECURITY MEASURES
   9.1

LoudCanary shall implement appropriate technical and organisational measures designed to protect Personal Data against:

accidental loss;
unauthorised access;
destruction;
alteration;
disclosure;
misuse.
9.2

Security measures may include:

encryption in transit;
password protection;
access controls;
authentication measures;
secure hosting environments;
backup procedures;
logging and monitoring.
9.3

LoudCanary shall regularly review security measures and update them as appropriate.

10. SUB-PROCESSORS
    10.1

The Customer grants general authorisation for LoudCanary to appoint Sub-Processors.

10.2

Sub-Processors may include providers of:

cloud hosting;
email delivery;
customer support systems;
analytics;
payment services;
infrastructure services.
10.3

LoudCanary shall ensure Sub-Processors are subject to written contractual obligations providing appropriate protection for Personal Data.

10.4

LoudCanary remains responsible for the performance of its Sub-Processors.

11. INTERNATIONAL TRANSFERS
    11.1

LoudCanary shall not transfer Customer Personal Data outside the United Kingdom unless appropriate safeguards are in place.

11.2

Appropriate safeguards may include:

UK adequacy regulations;
International Data Transfer Agreements (IDTA);
UK Addendum to Standard Contractual Clauses;
other lawful transfer mechanisms.

12. ASSISTANCE WITH DATA SUBJECT RIGHTS
    12.1

Taking into account the nature of processing, LoudCanary shall provide reasonable assistance to enable the Customer to respond to requests relating to:

access;
rectification;
erasure;
restriction;
objection;
portability.
12.2

Where LoudCanary receives a request directly from a Data Subject relating to Customer Data, LoudCanary may:

refer the request to the Customer; or
notify the Customer without undue delay.

13. PERSONAL DATA BREACHES
    13.1

LoudCanary shall notify the Customer without undue delay after becoming aware of a Personal Data Breach affecting Customer Data.

13.2

To the extent available, LoudCanary shall provide:

the nature of the breach;
categories of affected data;
likely consequences;
remediation actions taken.
13.3

The Customer remains responsible for determining whether notification to regulators or Data Subjects is required.

14. AUDIT RIGHTS
    14.1

The Customer may request reasonable information demonstrating LoudCanary’s compliance with this DPA.

14.2

Any audit rights shall:

be exercised no more than once per calendar year;
be conducted during business hours;
not interfere with LoudCanary’s operations;
be subject to confidentiality obligations.
14.3

LoudCanary may satisfy audit requirements through the provision of policies, certifications, reports, or other documentation.

15. RETURN AND DELETION OF DATA
    15.1

Upon termination of the Services, LoudCanary shall, at the Customer’s election:

return Customer Data; or
securely delete Customer Data,

unless retention is required by law.

15.2

Backup copies may be retained for standard business continuity purposes until automatically overwritten in accordance with retention schedules.

16. LIABILITY
    16.1

The liability provisions contained within the LoudCanary Terms of Service apply to this DPA.

16.2

Nothing in this DPA expands LoudCanary’s liability beyond the limitations stated in the Terms of Service.

17. ORDER OF PRECEDENCE

In the event of conflict between:

this DPA; and
the Terms of Service,

this DPA shall prevail solely with respect to data protection matters.

18. GOVERNING LAW

This DPA shall be governed by the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction over disputes arising from or relating to this DPA.

SCHEDULE 1 – PROCESSING DETAILS
Subject Matter

Provision of LoudCanary’s business monitoring and alerting services.

Duration

For the duration of the Customer’s subscription and any applicable retention period.

Nature of Processing
collection
storage
organisation
transmission
retrieval
deletion
alert generation
reporting
Categories of Data Subjects
Customer users
directors
shareholders
sole traders
business contacts
suppliers
customers
Types of Personal Data
names
business contact information
account details
monitoring data
login records
IP addresses
Purpose

Provision of LoudCanary’s Services and fulfilment of contractual obligations.