Specific conditions (RCS & WhatsApp)

Access to RCS Communication channel

RCS (Rich Communication Services) is a GSMA standard and a messaging channel for 5G networks, and enables businesses to communicate with end users. Customer has chosen to use RCS as a communication channel under this Agreement, and agrees that the terms hereinafter , and all other applicable terms and policies that are incorporated by reference, are an integral part of the Agreement for Customer’s use of RCS. Customer understands and accepts that it is Customer’s responsibility to ensure compliance with the Service Specific terms.

Acts or omissions by Customer, resulting in a breach of the RCS- Specific terms or terms referenced, including Jibe terms may at any time prohibit Customer’s use of RCS.

Service Specific terms

RCS MaaP providers

In order to enable RCS, Operators depend on RCS MaaP providers. RCS MaaP providers provide the core infrastructure to support the capabilities, message sending, and formatting of RCS Business Messaging, and are selected by Mobile Network Operators in order to achieve the required quality of service for the messaging in question.

Customer accepts and understands that policies and terms related to RCS MaaP providers are an integral part of Operator terms as referenced in the GTC, and that Customer must comply with all terms in order to use RCS as a messaging channel.

Furthermore, Customer accepts and understands that LINK has no liability and provides no guarantees regarding RCS MaaP providers.

RCS limitations

The use of RCS depends on certain requirements to be fulfilled: i)available to recipients with Android devices only, and ii)each individual recipient must have accepted RCS as a channel on his/her device, and iii) each recipient must at the time the message is received have access to his/her native operator network. Consequently, roaming, Wi-Fi or access to other networks will prevent receipt of messages through RCS as a messaging channel. Customer accepts and understands that in such case that all requirements are not fulfilled, the messaging through RCS as a channel will not be possible, and messaging will be completed as standard SMS Message to the recipient(s) where the requirements are not fulfilled.

Specific terms for Jibe

In the case that the MaaP provider selected by Operator is Jibe Mobile Inc., a wholly owned subsidiary of Google LLC, Customer accepts and understands that the specific terms in this section shall apply for Customer’s use of RCS as a channel.

Customer has chosen to use RCS as a communication channel under this Agreement, and agrees that the terms of this Service Order, the Terms of Service for RCS Business Messaging (available at https://developers.google.com/business-communications/rcs-business-messaging/support/tos/, https://developers.google.com/terms/, https://business.safety.google/controllerterms et https://developers.google.com/terms/api-services-user-data-policy) and all other applicable terms and policies that are incorporated by reference, (jointly referred to as the “Jibe terms”) are an integral part of the Agreement for Customer’s use of RCS with Jibe as a RCS MaaP provider.

Customer understands and accepts that it is Customer’s responsibility to ensure compliance with this Service Order and the Jibe Terms.

Access to the WhatsApp Business Solution

The WhatsApp Business Solution, provided by WhatsApp Ireland Limited (“WhatsApp”) and distributed by Meta Platforms Ireland Limited (“Meta”), enables businesses to communicate with consumer users on the WhatsApp network. Customer has chosen to use the WhatsApp Business solution as a Channel for Transmission of Messages. The terms herein are an integral part of Service agreement between Customer and LINK and include the specific terms for Customer’s use of WhatsApp as communication channel.

If the WhatsApp Business Client, required to use the WhatsApp Business Solution, is hosted by WhatsApp, as described in Meta Terms for WhatsApp Business (https://www.whatsapp.com/legal/meta-terms-whatsapp-business, the Customer will adhere to the Hosting terms for Cloud API available at https://www.facebook.com/legal/Meta-Hosting-Terms-Cloud-API

Service Specific terms

Customer has chosen to use WhatsApp Business Solution as a Channel under the Agreement, and agrees that the terms of this Service Order and the WhatsApp terms are an integral part of the Agreement for Customer’s use of WhatsApp. Customer understands and accepts that it is Customer’s responsibility to ensure compliance with this Service Order and the WhatsApp Terms.

The WhatsApp terms include the WhatsApp Business Terms of Service, available at https://www.whatsapp.com/legal/business-terms/, the Meta Terms for WhatsApp Business available at https://www.whatsapp.com/legal/meta-terms-whatsapp-business, the WhatsApp business Solution Terms available at https://www.whatsapp.com/legal/business-solution-terms/, the WhatsApp Business Solution Policy available at https://www.whatsapp.com/legal/business-solution-policy, and all other applicable terms and policies that are incorporated by reference, (jointly referred to as the “WhatsApp terms”)

Information about WhatsApp’s provision of electronic communication services, as required by the European Electronic Communication’s code, is available at https://www.whatsapp.com/legal/eecc-notice-eea

WhatsApp transparency report under the EU Digital Services Act (DSA) is available at https://www.whatsapp.com/legal/?fbclid=IwAR0zxymEMeoyu8MeN-JZPFt0BoXeuqv-1wzc-uv8pkkOORs3OXOtTEwET9U

Customer understands and accepts that LINK will provide Meta with reports related Customers’ usage of the WhatsApp Business Solution, as may be requested by WhatsApp from time to time.

Customer accepts and understands that the terms if this Service Order do not in any way provide Customer with a right to (a) resell the WhatsApp Business Solution or allow third parties to integrate with, access or use the WhatsApp Business Solution, or (b) use any of the Meta or WhatsApp names and trademarks in any way.

Customer accepts and understands that any processing of personal data when using WhatsApp as a channel is governed by the WhatsApp Data Processing Terms available at https://www.whatsapp.com/legal/business-data-processing-terms and all other applicable terms and policies that are incorporated by reference.

Acts or omissions by Customer, resulting in a breach of this Service Order or the WhatsApp terms, may at any time prohibit Customer’s use of the WhatsApp Business Solution.

Audits

Upon reasonable prior notice to Customer, Customer will provide LINK or WhatsApp and its auditors with access to, and assistance and information that they may reasonably require with respect to, Customer’s compliance with the WhatsApp terms. If an audit identifies that Customer is not in compliance with the WhatsApp terms, Customer will correct such noncompliance no later than 72 hours after notice of noncompliance, and will reimburse LINK, Meta or WhatsApp., as applicable, for all reasonable costs and expenses of such audit, and upon completion of such remediation, certify to LINK in writing that Customer has addressed the non-compliance, and is now in compliance.

Scope Appendix under Data Processing Agreement

The Parties agree that this Scope Appendix shall replace the Scope Appendix under Data Processing Agreement between LINK and Customer.

Scope of the processing

The DPA concerns LINK's processing of Personal Data on behalf of the Controller in connection with provision of messaging services. The Messaging Services include Controller’s access to LINK’s solutions for managing messaging to message recipients chosen by Controller for purposes and frequency as chosen by Controller by use of the service. The Agreement will provide further insight into the specific type of messaging services provided to Controller under the Agreement.

LINK provides a set of services under its service agreement, many of which include the processing of personal data. All services provided by LINK as a processor on the customer’s behalf are governed by a Data Processing Agreement (DPA) as required by the EU General Data Protection Regulation (GDPR).

DPA is an agreement as defined in the GDPR Article 28, where a controller and a processor (or a processor and a sub-processor) enter into an agreement to ensure that the processing performed by the processor (or sub-processor) follows the GDPR requirements. The DPA is thus relevant in the relationship between LINK as a processor or sub-processor to its customer.

Not all processing of personal data as part of services provided to another entity constitutes processing by a Processor on a Controller’s behalf, as defined in the GDPR. LINK’s services include the transmission of messages from LINK’s environment to the recipient chosen by the customer and over a messaging channel chosen by the customer.

The channel type can include various types of messages using different communication protocols and standards, such as SMS, MMS, RCS, and other OTT (Over The Top) messaging services, as well as other channels like ex., e-mail, and voice.

The process of such message transmission is considered Electronic Communications Services (ECS) and is subject to the requirements of the directive (EU) 2018/1972 establishing the European Electronic Communications Code (EECC). Processing of personal data necessary for ECS is a process where instruction and/or control by a customer is on practice not possible if efficient transmission to the end recipient shall take place. This means that LINK be the entity who determines the purposes and means of processing this data (GDPR Art. 4 (7)), the GDPR thus defines LINK as a Controller for these processes.

As a provider of ECS, LINK and other providers of ECS are considered Controllers under GDPR, who are under obligation to process data in accordance with GDPR, with the obligations relevant to Controllers. For transmission of messages, the Data Processing Agreement will therefore not apply.

Based on the above, the Parties agree that Customer’s use of the OTT provider WhatsApp as a channel for transmission is outside the Scope of this DPA. Customer accepts and understands that any processing of personal data when using WhatsApp as a channel is governed by the WhatsApp Data Processing Terms available at https://www.whatsapp.com/legal/business-data-processing-terms and all other applicable terms and policies that are incorporated by reference.