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© Winningtemp 2026
1. Background
These general terms and conditions (the “Terms”), apply for all services provided to the Customer by Winningtemp.
2. Definitions
“Access Date” refers to the date stated in the Main Agreement when the Customer gets access to, or is given the opportunity to get access to, the Service.
”Access Point” refers to the point or the points where Winningtemp connects the Service to a public electronic communications network (internet) from which the Customer and the Users can access the Service via a web- or mobile application.
“Add-ons” refers to any additional features and functions that the Customer purchases from Winningtemp. Any Add-ons purchased by the Customer are included in the Service.
”Agreement” refers to all documentation that constitutes contractual content between the parties: the Main Agreement; the Terms; any appendices mentioned in the Main Agreement or in the Terms and any Additional Orders.
”Additional Orders” refers to purchases of Add-ons, Consulting Services, Plan upgrades or additional functionality of the Service not agreed in the Main Agreement.
”Consulting Services” refers to the consulting services that Winningtemp performs, on behalf of the Customer, in any form and that have either been agreed upon at the conclusion of the Agreement or as Additional Orders.
”Customer Data” refers to all data that the Customer, Users or Winningtemp, on behalf of the Customer, submit to the Service or that is created in the Service and which does not form part of the Service or the Documentation or can otherwise be considered to constitute Winningtemp Data.
”Customer” refers to the company that is specified in the Main Agreement as the customer.
”Defect” refers to deviations from what the parties have explicitly agreed on in a Consultant Order or if the Service deviates from the Service Specification. Deviations due to circumstances beyond Winningtemp’s control never constitute a defect.
”Documentation” refers to any instructions or other documentation that Winningtemp provides to the Customer at any time, for example by publishing such documentation at Winningtemp’s website.
”License” refers to a licence paid for by the Customer in order for a specific User to be able to use the Service according to what is specified in the Main Agreement.
”Main Agreement” refers to the commercial agreement between the parties in which the Service and/or Consulting Services that Winningtemp shall provide to the Customer are specified. The Main Agreement may be an order made by the Customer on Winningtemp’s website or consist of a quote submitted by Winningtemp and approved by the Customer orally or in writing, or a (digitally or physically) signed agreement.
“Plan” refers to one of the plans with different features and functionalities which the Customer may choose from when purchasing the Service.
”Service” refers to the Winningtemp platform that Winningtemp provides as a cloud-based standard web- and mobile application (including any Add-ons) and for which the Customer purchases Licenses. The Service is provided in different Plans, depending on what has been agreed to by the parties.
“Service Specification” refers to a description of the Service, including the different Plans and thereto related functions and functionalities, available on Winningtemp’s website.
“User” refers to the individual using the Service and for which the Customer has purchased Licenses.
“Winningtemp Data” refers to all data that Winningtemp adds to the Service, including data in Documentation, features and functions in the Service, index or other data.
3. The Service
3.1 Winningtemp provides the Service as a standardized cloud-based service. The Service is offered as different Plans that the Customer can choose from depending on the Customer’s needs and priorities.
3.2 The Customer can purchase Add-ons to add features and functions to the Service. All purchased Add-ons are integrated in the Service upon the Customer’s purchase.
3.3 Provided that the Customer fulfils its payment obligations and that the Customer uses the Service in accordance with this Agreement, the Customer is granted a non-exclusive, non-transferable and time limited right to use the Service in accordance with the terms of the Agreement.
3.4 The Customer has the right to use the Service for the number of Users for which the Customer has paid Licenses, provided that the Customer fulfils its payment obligations and other obligations under the Agreement.
3.5 Winningtemp reserves the right to make improvements, additions and changes to the Service.
3.6 The Service is delivered when Winningtemp makes the Service available at the Access Point.
4. Winningtemp obligations
4.1 Winningtemp shall deliver the Service and Consulting Services in a qualified, technically competent and professional manner and in accordance with the Service Specification.
4.2 If the Service does not comply with what the parties have agreed on in the Agreement, Winningtemp shall, within a reasonable time and where practicable, rectify any Defect that the Customer has issued a complaint about without undue delay. Winningtemp’s obligation to remedy the Defect does not apply if the remedy would cause inconvenience and costs to Winningtemp that are unreasonable in relation to the significance of the Defect for the Customer. Should Winningtemp not remedy the Defect without undue delay, and this materially affects the Customer negatively, the Customer has the right to terminate the Agreement in accordance with what is stated in 13.3 a).
4.3 Winningtemp is not responsible for changes in the Service or Consulting Services that are due to changes within the Customer’s control.
5. Use of the Service
5.1 The Service may not be used (i) for any unlawful purpose or other purpose for which the Service is not intended, including such unpermitted purpose stated in section 5.3, and to transmit, upload or submit any computer viruses or other harmful files or codes; (ii) in any way that impairs the function of the Service, or in a way that is damaging or disturbing to other of Winningtemp’s customers or their use of the Service; (iii) in a way that could be perceived as defamatory or offensive in any way; or (iv) in any other way that could reasonably be expected to negatively affect Winningtemp or the Service or reflect negatively on the goodwill, name or reputation of Winningtemp or the Service.
5.2 The Customer is responsible for the following:
a) to comply with applicable law when using the Service; and
b) to follow applicable user guidelines and usage restrictions and limitations set out in the Service Description, Documentation or any other instructions from Winningtemp regarding the use of the Service.
5.3 The primary purpose of the Service is to serve as an employee sentiment platform. For the avoidance of doubt, under no circumstances may the Service be used to monitor any individual employee. Furthermore, it is not permitted under this Agreement to use the system in any way intended to identify or infer which employees hold specific opinions.
6. Information Security
6.1 The security and reliability of the Service are of utmost importance to Winningtemp. Winningtemp always takes sufficient and appropriate security measures and provides the Service in accordance with customary security standards and applicable legislation. Winningtemp shall ensure such compliance by taking the measures provided for in Winningtemp’s at the time applicable information security policy. Winningtemp is entitled to make changes to its information security policy on an ongoing basis, for example to comply with mandatory legal requirements and recommendations from the authorities or to meet changes in the outside world. However, such changes may not impair the security of the Service or contravene applicable legislation.
6.2 The Customer shall ensure a safe management of login details into the customer portal, passwords and similar as well as keep passwords and login details confidential. The Customer shall promptly inform Winningtemp if anyone, for whom the Customer is responsible, has gained unauthorized access to the Service, or if the Customer otherwise becomes aware of such unauthorized access.
6.3 The Customer is fully responsible for maintaining the security of its own IT-environment, such as the operating environment, networks and applications. The Service may require a certain version of web browser or operative system to function and/or that a mobile application affiliated with the Service can be downloaded. The Customer is also responsible for the security, quality and lawfulness of the Customer Data.
7. The Customer´s obligations
7.1 The Customer shall purchase the Service and the number of Licenses as stated in the Main Agreement.
7.2 Unless otherwise agreed, the Customer is responsible for the following:
a) to maintain and update the equipment, software and communication services necessary to connect to and use the Service;
b) to provide the information to Winningtemp that is required for Winningtemp to be able to provide the Service and Consulting Services; and
c) to not allow any third parties not specifically mentioned in the Main Agreement to use the Service.
7.3 The Customer shall not copy, modify, create derivative work, reverse engineer or otherwise attempt to discover any source code of, or assign, sub-license or transfer any right in, the Service, the data in the Service or other part of the Service.
7.4 The Customer is responsible for the Users’ use of the Service in accordance with the Agreement.
7.5 If the Customer does not comply with the terms of the Agreement and does not make a correction within ten (10) days of Winningtemp notifying the Customer of the non-compliance, Winningtemp is entitled to suspend and/or cease to provide the Service or Consulting Services until corrective measures have been taken. The Customer shall indemnify Winningtemp for any costs or claims arising from the Customer´s use of the Service in violation of the terms of the Agreement.
8. Availability, support and maintenance
8.1 Winningtemp shall provide the Service in accordance with applicable service levels and support of Service as set forth in Winningtemp’s SLI, as applicable at any given time and appended to the Service Specification for the Service that the Customer has purchased.
8.2 Winningtemp´s responsibility for the provision of the Service in accordance with what is stated in this section 8 constitutes Winningtemp’s total undertaking and responsibility as regards Service availability, support and maintenance in relation to the Customer.
9. Consulting Services
9.1 For the Customer to get the maximum benefit from the Service, Winningtemp offers Consulting Services.
9.2 Winningtemp shall perform Consulting Services in a professional manner and by personnel that is appropriate, qualified and competent for the purpose. The parties shall cooperate and consult during the provision of the Consulting Services.
9.3 Unless otherwise agreed, Consulting Services are performed on running account and in accordance with the prices in Winningtemp’ s price list as applicable at any given time.
9.4 The Customer shall, if so is required, ensure that Winningtemp has access to any necessary internal resources as well as information and documentation regarding the Customer's operations that are required for Winningtemp to be able to perform the Consulting Services.
9.5 If Winningtemp is unable to use the resources allocated for the provision of Consulting Services purchased by the Customer, due to circumstances attributable to the Customer or for which the Customer is otherwise responsible, Winningtemp has the right to charge compensation for such allocated unused resources. The same applies if the Customer cancels a scheduled training. This applies to the extent that Winningtemp cannot reallocate the resources to other external undertakings.
10. Additional Orders
10.1 The Customer may purchase more Licenses, Add-ons and Consulting Services as well as upgrade the Plan at the prices specified in Winningtemp’s price list as applicable at any given time, or according to a separate quote.
10.2 Such Additional Orders can be changed in accordance with what is stated in section 14.
11. Prices and payment
11.1 The Customer shall pay for the Service and Consulting Services in accordance with Winningtemp’ s price list as applicable at any given time. Winningtemp has the right to adjust the prices upon renewal of the Agreement.
11.2 If the parties have agreed on the price in the Main Agreement, such prices apply. The prices may be adjusted annually based on Winningtemp’s assessment of market conditions and cost developments, with effect from the Customer’s next payment period. Such annual price increase shall not exceed five (5) % compared to the Customer’s current payment period.
11.3 All fees related to the Service are invoiced for one year (twelve (12) month period) at a time in advance. The invoice is sent in connection with the conclusion of the Main Agreement, and thereafter each year. The Customer may instead of annual invoicing choose to pay semi-annually at a time in advance (six-month period). A surcharge of seven (7) % in case of semi-annual invoicing will in such case apply to the base price. The invoice for semi-annual invoicing is sent in connection with the beginning of each relevant period.
11.4 Consulting Orders are invoiced on a running account monthly in arrears as the work is carried out.
11.5 Payment of invoices shall be made within twenty-one (21) days from the issuance of the invoice unless otherwise agreed in writing.
11.6 If payment is late or incomplete, Winningtemp is entitled to default interest in accordance with the Swedish Interest Act (Sw. Räntelagen (1975: 635)) and a reminder fee and/or collection fees in accordance with applicable laws.
11.7 If payment is not received by Winningtemp within ten (10) days from the date on which a written payment reminder was sent, Winningtemp, in addition to other available funds under the Agreement, has the right to (i) immediately suspend the Service and/or (ii) terminate the Agreement with immediate effect in accordance with section 13.4.
12. Personal data
12.1 Within the scope of fulfilling the obligations under this Agreement, Winningtemp will process personal data on behalf of the Customer. The Customer is the controller for the processing of such personal data and Winningtemp is the processor.
12.2 The parties have entered into a data processing agreement for this purpose.
12.3 Winningtemp may use Customer Data in aggregated or anonymous form for statistics and product development purposes, for example to develop and improve the Service.
13. Term and termination
13.1 If the parties have not agreed otherwise, the Agreement becomes effective when the Main Agreement has been entered into (for example by the Customer approving Winningtemp offer) and applies for twelve (12) months from the Access Date.
13.2 Customer can terminate the Agreement by giving Winningtemp written notice of termination at the latest ninety (90) days prior to the end of the term of the Agreement. Such notice of termination shall be sent by e-mail to the Customer’s at the time appointed customer contact at Winningtemp. If the Agreement is not terminated, the Agreement will be automatically renewed for a period of twelve (12) months at a time. The Agreement is automatically renewed at the corresponding Terms and Conditions and the corresponding number of Licences and type of Plan in force at the time of the end of the previous term of the Agreement. In the event of a renewal, the prices set out in Winningtemp´s price list, as applicable at any given time, shall apply regardless of the prices having been previously agreed to by the parties.
13.3 Each party has the right to terminate the Agreement with immediate effect if:
a) the other party has committed a material breach of the Agreement and does not take full correction of such breach within thirty (30) days of the other party giving written notice thereof; or
b) the other party is declared bankrupt, enters into liquidation, cancels its payments or can otherwise reasonably be assumed to have become insolvent.
13.4 Winningtemp has the right to terminate the Agreement with immediate effect in the event of the Customer´s breach of any of its obligations pursuant to section 5 or 11.7, or if Winningtemp cannot meet the Customer’s request to change the documented instructions regarding processing of personal data.
13.5 When the Agreement has expired or been terminated, regardless of the cause of termination, the Customer shall immediately cease to use the Service and both parties shall return or delete such information covered by confidentiality in accordance with section 19, including Documentation. For the avoidance of doubt, any fees already paid by the Customer for the Service is never repaid upon termination of the Agreement.
13.6 Winningtemp shall, upon the Customer´s written request, return the Customer Data in a generally accepted format chosen by Winningtemp.
14. Amendments
14.1 Winningtemp is constantly developing its services and business and may make amendments to these Terms and any SLI from time to time. Winningtemp shall provide the Customer with at least three (3) months´ written notice of any material changes of the Terms or SLI. The Customer has the right to terminate the Agreement with immediate effect if such change entails a significant inconvenience for the Customer.
14.2 Customer may increase the number of Licenses or Add-ons, upgrade the Plan and/or purchase Consulting Services by notifying Winningtemp. The Customer has the right to make other changes (such as reduction of the number of Licenses or Add-ons and reduction to a smaller Plan) before each new term of Agreement. Changes are made by the Customer giving Winningtemp written notice of the desired change ninety (90) days prior to the end of the term of the Agreement.
14.3 If the grounds for the Agreement change significantly as a result of changes in law, constitution or by the decision of an authority, Winningtemp shall always have the right to unilaterally amend the Agreement. If such amendment constitutes a material change, Winningtemp shall inform the Customer in advance in accordance with section 14.1.
14.4 Winningtemp may make changes to Winningtemp’s information security policy as set out in section 6.
15. Intellectual property rights
15.1 The Customer retains the ownership of all rights, including intellectual property rights to the Customer Data. During the term of the agreement, Winningtemp may use the Customer Data and data related to the Customer´s use of the Service in order to develop the Service and otherwise provide the Service and Consulting Services in the best possible way.
15.2 Winningtemp or its licensors hold all rights, including intellectual property rights, to the Service, Winningtemp Data and the Documentation (including, but without limitation to, any development or improvements specifically performed on behalf of the Customer and any results of Consulting Services) including software and source code. Nothing in this Agreement shall be interpreted as a transfer of such rights, or any part thereof, to the Customer.
15.3 Subject to the limitation of liability in section 17, Winningtemp undertakes to compensate the Customer for claims from third parties based on the Customer´s use of the Service, or part thereof, that infringes on such third party´s intellectual property rights.
15.4 Winningtemp’s obligation to indemnify the Customer pursuant to this section 15 applies only provided that the Customer:
a) without undue delay notifies Winningtemp in writing of claims made against the Customer;
b) allows Winningtemp to control the defence and make all decisions alone in all related settlement negotiations; and
c) acts in accordance with Winningtemp’s instructions and cooperates with and assists Winningtemp to the extent that Winningtemp reasonably requests.
15.5 If it is finally settled or comes to the knowledge of Winningtemp that there is an infringement of a third party´s intellectual property rights, Winningtemp may choose to either:
a) ensure the Customer a continued right to use the Service;
b) change the Service so that infringement no longer exists;
c) replace the infringing part of the Service, with any other non-infringing equivalent service; or
d) terminate or temporarily cease to provide Service and, after deducting the Customer´s reasonable benefit, repay the fee paid by the Customer´s for the Service, without interest.
15.6 Winningtemp has the right to freely use the know-how, professional knowledge, experience and skills that Winningtemp acquires through or in connection with providing the Service.
15.7 Winningtemp´s obligations under this section 15 are conditional upon the Customer’s use of the Service exclusively in accordance with the terms of the Agreement.
15.8 This section 15 constitutes Winningtemp’s total liability towards the Customer for infringement of third parties´ intellectual property rights.
15.9 Winningtemp has the right to use the Customer’s name and logotype in Winningtemp’s marketing to state that the Customer is a customer of Winningtemp. Winningtemp shall comply with any brand guidelines regarding the use of such logotypes that the Customer provides to Winningtemp. If a Customer employee leaves an opinion/quote, Winningtemp has the right to use such opinion/quote in its marketing, provided that the employee has accepted it.
16. Subcontractors
16.1 Winningtemp has the right to assign subcontractors for the performance of its obligations under the Agreement. Winningtemp is responsible for the subcontractors´ work as for its own work.
17. Limitation of liability
17.1 In no event shall either party be liable for (i) any indirect, incidental, special, consequential, punitive or tort damages, nor for (ii) any loss of use or data, or production or for lost profits, savings, goodwill or revenues of any kind (whether direct, indirect or consequential), no matter what theory of liability, even if the party has been advised of the possibility of such damages.
17.2 Party´s total liability for all damages, losses and causes of action under one (1) year is limited to 100% of the amount paid by the Customer to Winningtemp for the Service in accordance with the Agreement during the twelve (12) months preceding the time of such damage, loss or cause of action.
17.3 Winningtemp is not liable for damages unless the Customer notifies Winningtemp in writing no later than ninety (90) days after the Customer has discovered or should have discovered the actual damage or loss, but never later than six (6) months from the time when the damage occurred.
17.4 The limitation of liability set forth herein does not apply in case of wilful misconduct or gross negligence.
18. Force majeure and other disturbances
18.1 Either party shall be released from liability for failure to fulfil an obligation under this Agreement to the extent that performance is prevented by circumstances beyond the control of the party, such as but not limited to: power outages; network intrusion; pandemics; labour disputes; ordinances; and defects and delays in deliveries from subcontractors, provided that the other party is notified immediately.
18.2 The parties have the right to terminate the Agreement if force majeure or other disturbance according to section 18.1 continues or will obviously continue for more than sixty (60) days.
19. Confidentiality
19.1 Winningtemp shall always keep all Customer Data secret and shall have implemented routines to ensure that all employees and consultants that may access any such data are bound by confidentially obligations.
19.2 Both parties undertake not to publish or otherwise disclose to third parties without the written consent of the other party such information about the other party´s activities that is or can reasonably be assumed to be considered confidential except for:
a) information that is or has become generally known without the receiving party having violated this Agreement;
b) information from third parties without confidentiality undertaking that is generally known to the receiving party;
c) information without confidentiality undertaking that was known to the receiving party prior to receipt by the disclosing party;
d) disclosure or use of information required by law, regulation or by a regulatory authority. In the event of such disclosure, the disclosing party shall, if possible, notify the other party before such disclosure takes place; or
e) disclosure to advisors who are in turn bound by confidentiality.
19.3 Information that a party has stated must be confidential shall always be regarded as confidential information.
19.4 Each party is responsible for compliance with this confidentiality undertaking by its respective subcontractors, consultants and employees. The confidentiality undertaking under this section applies during the term of the agreement and for a period of three years after the Agreement has expired.
20. Miscellaneous
20.1 The Customer and Winningtemp shall appoint contact persons who shall be responsible for establishing and maintaining effective cooperation regarding the Agreement. A party may change the contact person by notifying the other party in writing.
20.2 The primary means of communication between the parties concerning the Service or Consulting Services shall be via the medium that Winningtemp directs the Customer to.
20.3 The Agreement constitute the entire agreement between the parties on all matters related to the Agreement. All written or oral commitments and commitments that preceded the Agreement will be replaced by the content of the Agreement and its appendices.
20.4 The following order of priority shall apply to the respective documents described in the definition of the Agreement, unless otherwise expressly stated in any appendices: (i) additional terms agreed upon in the Main Agreement (ii) Additional Orders, (iii) the Main Agreement, (iv) the Terms and (v) any appendices. Any appendices shall have priority over each other in accordance with the order set out in the Main Agreement (if any) and unless otherwise specified in the appendix. Any data processing agreement shall, however, always prevail.
20.5 The Agreement may not be transferred to a third party without the other party´s prior written consent. However, Winningtemp has the right to transfer the Agreement to a third party if it takes place in connection with the transfer of Winningtemp’s operations or part thereof. Winningtemp also has the right to transfer the Agreement to companies within the same corporate group as Winningtemp.
20.6 The failure of a party to exercise any right under this Agreement or the failure to point out any condition attributable to this Agreement shall not constitute a waiver by a party of such right.
20.7 If the Data Act is applicable, the parties' respective rights and obligations are governed by the Data Act appendix entered into between the parties for this purpose.
20.8 The following sections apply even after the termination of this Agreement: 13 (Term and termination), 15 (Intellectual property rights), 17 (Limitation of liability), 19 (Confidentiality), 21 (Applicable law and disputes).
21. Applicable law and disputes
21.1 This Agreement shall be governed by and construed in accordance with the laws of Sweden.
21.2 Any dispute arising out of or in connection with this Agreement shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”).
21.3 The Rules for Expedited Arbitrations shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.
21.4 The place of arbitration shall be Gothenburg. The language of the proceedings shall be Swedish and Swedish law shall apply to the dispute. Regardless of what has just been stated, Winningtemp shall always have the right to apply for a payment order or bring an action regarding non-payment in a general court.
Data processing agreement
1. Background and interpretation
1.1 Winningtemp will, upon performance of the Agreement when providing its services, process personal data on behalf of the Customer in capacity of the Customer’s processor. The purpose of this data processing agreement (the “DPA”) is to guarantee a secure, correct and legal processing of personal data and meet current requirements according to law. This DPA forms an integral part of the Agreement.
1.2 Terms and concepts applied or referred to in this DPA shall be interpreted in accordance with GDPR and corresponding applicable national legislation of EU member states regarding data protection (jointly, the “Data Protection Rules”). The concepts in the DPA shall have the meaning as stipulated primarily in the Data Protection Rules and otherwise in the Agreement, unless otherwise clearly stated in the circumstances.
2. Responsibility and Instruction
2.1 The type of personal data and categories of data subjects processed by Winningtemp under this DPA and the purpose, nature, duration of the processing is specified in Appendix A (Data Processing instructions).
2.2 The Customer is the data controller of all personal data processed by Winningtemp on behalf of the Customer under this DPA. Winningtemp shall:
a) only process personal data in accordance with the Customer’s documented instructions and not for other purposes than those Winningtemp has been engaged for;
b) comply with obligations laid down in the Data Protection Rules, of which the Customer has informed Winningtemp of and instructed Winningtemp to comply with;
c) put in relation to the degree of sensitivity to the personal data being processed, implement appropriate technical and organisational measures, as required by the Data Protection Rules (including Article 32 of the GDPR) in order to ensure a level of security that is appropriate to protect the processed personal data from accidental or illegal destruction, loss, alteration, unauthorised disclosure of or unauthorized access to the personal data being processed;
d) assist the Customer in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of processing and the information available to Winningtemp, which includes assisting with data protection impact assessments and notifying the Customer of a personal data breach without undue delay after becoming aware of such breach;
e) provide the Customer with such information required to demonstrate that Winningtemp´s obligations under the Data Protection Rules have been met. This shall be done within reasonable time from the Customer’s request and to the extent that the Customer has specified the content and scope of such information in a reasonable time in advance.
f) enable and contribute to audits, including inspections, carried out by the Customer or by an independent auditor authorized by the Customer and which Winningtemp can reasonably accept;
g) inform the Customer about any contacts with the supervisory authority in matters regarding processing of personal data;
h) assist the Customer, to the extent possible and by technical and organisational measures that are appropriate with regard to the nature of the processing, in fulfilling the Customer’s duty to respond to a request from the data subject when the data subject is exercising his or her rights laid down in the Data Protection Rules; and
i) ensure that the Customer can fulfill any obligations to enable data portability for the personal data that Winningtemp is processing on behalf of the Customer under this DPA.
2.3 The Customer, as controller, is responsible for compliance with the Data Protection Rules. The Customer specifically undertakes:
a) to give Winningtemp instructions of the processing and promptly inform Winningtemp of change of the Customer’s processing affecting Appendix A;
b) to promptly inform Winningtemp if a third party takes action or makes claim against Winningtemp as a result of Winningtemp´s processing under this DPA;
c) in conducting audits, including inspections in accordance with section 2.2(f), make the necessary confidentiality undertakings and comply with Winningtemp´s security regulations at the place where the inspection is to be carried out, without risking hindering Winningtemp´s operations or the protection of Winningtemp´s other customers´ data; and
d) to promptly inform Winningtemp in case anyone else jointly with the Customer is controller of the personal data.
2.4 The documented instructions from the Customer to Winningtemp, which apply for the term of this DPA, are set out in Appendix A (Data Processing instructions). In addition to the instructions, this DPA and the Agreement shall be deemed to constitute the Customer’s documented instructions to Winningtemp regarding the processing of personal data.
2.5 The security measures that Winningtemp takes in accordance with sections 2.2(c) and 2.2(d) are, in the Customer´s assessment, sufficient for Winningtemp to fulfill its obligations under the DPA. If the Customer requires additional security measures during the term of the DPA Winningtemp shall, as far as possible, meet these requirements. The Customer shall compensate Winningtemp for all costs for the adoption of such additional security measures that goes beyond the security measures that Winningtemp has implemented for its other customers and/or what the Data Protection Rules require.
2.6 If Winningtemp finds that an instruction, in its opinion, e.g. regarding agreed security measures, is in breach of the Data Protection Rules, Winningtemp shall without undue delay notify the Customer of its finding and await the Customer´s changed written instructions. If the Customer does not submit new instructions within a reasonable time, Winningtemp shall have the right to take reasonable and necessary security measures to comply with the Data Protection Rules at the Customer´s expense.
2.7 Notwithstanding the provisions of this section 2, Winningtemp may process personal data for the Customer if such processing is required under Union law or EU member state law to which Winningtemp or the entity hired by Winningtemp to process personal data on behalf of the Customer (“Sub-Processor”) fall under. In this case, Winningtemp or the Sub-Processor shall inform the Customer of the legal requirement before processing, to the extent that such information is not prohibited.
2.8 Winningtemp has the right to, during the term of this DPA, store and otherwise process user data originating from the Customer and Users for analysis purposes, provided that such data is aggregated and processed only for the purposes stated in the Agreement.
3. Confidentiality and disclosure of information
3.1 Winningtemp shall ensure all personal data are kept secret. Winningtemp shall ensure that persons authorised to process the personal data have committed themselves to confidentiality for processing or are under an appropriate statutory obligation of confidentiality. This confidentiality obligation is valid during the term of this DPA and shall remain in force after termination. However, the commitment does not apply to information that Winningtemp is required to disclose to an authority or that Winningtemp is required to disclose in order to comply with the Data Protection Rules or other statutory rules.
3.2 Winningtemp shall forward any received request of receipt of information, regarding personal data that Winningtemp processes on behalf of the Customer, to the Customer. Winningtemp, or anyone working under Winningtemp´s supervision, shall not disclose personal data, or information about the processing of personal data, without the Customer’s express instruction within ten (10) days, unless required by the Data Protection Rules or other legislation to which Winningtemp or Sub-Processor is subject.
4. Sub-Processors and transfer
4.1 The Customer hereby gives Winningtemp a prior, general authorisation to engage Sub-Processors for processing of personal data. The Sub-Processor may only process personal data if Winningtemp and the Sub-Processor enters into a written agreement, or other legal act under Union law or EU member state law, in which such data protection obligations that correspond to those imposed on Winningtemp under this DPA, shall be imposed upon the Sub-Processor.
4.2 Winningtemp is responsible for ensuring compliance with Articles 28.2 and 28.4 of the GDPR when engaging Sub-Processors, and to ensure that Sub-Processors provide sufficient guarantees about implementing appropriate technical and organizational measures, in such a manner that the processing meets the requirements of the GDPR.
4.3 Upon the Customer’s request, Winningtemp shall provide the Customer with information regarding which Sub-Processors have been engaged and provide the Customer with such specified information regarding the processing by Sub-Processors, which the Customer may reasonably request according to the Data Protection Rules. Sub-Processors at the conclusion of the Agreement are listed in Appendix A.
4.4 Winningtemp shall inform the Customer of any intended changes concerning the addition or replacement of Sub-Processors at least thirty (30) days before Winningtemp intends to make such changes. The Customer is entitled to object to such changes and Winningtemp shall then, at the Customer´s expense, take reasonable measures to satisfy the Customer´s objection. The Customer´s objection must be made in writing and within thirty (30) days from Winningtemp´s information about the engagement or replacement as above. If Winningtemp cannot reasonably satisfy the Customer´s objection, Winningtemp has the right to terminate this DPA and/or relevant parts of the Agreement in whole or in parts with a thirty (30) day notice period.
4.5 Winningtemp and its Sub-Processors only processes personal data within the EU/EEA.
5. Term and termination
5.1 This DPA becomes effective when the Main Agreement has been entered into and remains in force as long as Winningtemp process personal data on behalf of the Customer, including by deleting or returning personal data in accordance with section 5.2 below.
5.2 Upon termination of the Agreement and to the extent Winningtemp stores any personal data, Winningtemp shall delete, in accordance with instructions provided by Customer, all personal data that Winningtemp processes under this DPA, including any existing copies, unless storage of the personal data is required by applicable law. Winningtemp can, should the Customer wish so at the termination of the Agreement, return the personal data instead of deleting it.
6. Amendments in the DPA
6.1 If the Data Protection Rules are changed during the term of this DPA, or if the supervisory authority issues guidelines, decisions or regulations concerning the application of the Data Protection Rules that result in this DPA no longer meeting the requirements for a data processing agreement, necessary changes shall be made to this DPA, in order to meet such new or additional requirements. Such changes shall enter into force no later than thirty (30) calendar days after Winningtemp sends a notice of change to the Customer, or otherwise no later than prescribed by the Data Protection Rules, guidelines, decisions or regulations of the supervisory authority.
6.2 Any change to Appendix A (Data Processing instructions) must be documented and notified to Winningtemp in writing no later than thirty (30) days before the change takes effect. If Winningtemp within these thirty (30) days notifies the Customer that Winningtemp has objective reasons to oppose the Customer´s amendments to the instructions in Appendix A, Winningtemp shall have the right to terminate the Agreement in accordance what is stated in the Agreement.
6.3 Other amendments to this DPA shall enter into force thirty (30) days after Winningtemp has informed the Customer of an updated version, if the Customer has not objected to such amendments within the same time period. If the parties cannot agree to the updated version each party shall have the right to terminate this Agreement in accordance what is stated in the Agreement.
7. Miscellaneous
7.1 This DPA supersedes and replaces any prior data processing agreements entered into between the parties and supersedes any deviating provisions of the Agreement concerning the subject matter of this DPA, notwithstanding anything to the contrary in the Agreement.
7.2 Winningtemp shall be entitled to compensation in accordance with the current price list for all assistance and work that Winningtemp shall perform according to this DPA, including compensation for work and additional costs that arise as a result of changes in the Customer´s instructions that require Winningtemp to make special adjustments on behalf of the Customer.
7.3 If any section of this DPA is held invalid or unenforceable, the validity of the remaining sections shall not be affected. To the extent that the invalidity has a materially burdensome effect regarding the parties´ obligations under the DPA, reasonable adjustment of the DPA shall take place.
7.4 If a party transfers the Agreement, the DPA shall also be deemed to have been transferred to the person taking over the Agreement. However, this DPA may still be valid between the original parties. The DPA may not be transferred separately from the Agreement.
7.5 What is stipulated in the Agreement shall apply also in relation to this DPA, for example any limitation of liability.
7.6 This DPA shall be governed by and construed in accordance with the laws of Sweden. Any dispute arising out of or in connection with this DPA shall be settled in accordance with the dispute resolution provision in the Agreement.
Appendix A – Data Processing instructions
These documented instructions describe all features within the Service. Depending on which features used by the Customer, different parts of these documented instructions apply. Which processing that takes place for which feature of the Service is specified below.
Purposes
Winningtemp processes personal data for the following purposes:
Winningtemp only performs processing of personal data for the purpose of providing the Service to the Customer.
Categories of data subjects
All categories of data subjects whose data will be processed by Winningtemp are as follows:
The Customer´s employees and if Customer so decides also any hired consultants who use the Service.
Categories of personal data
Categories of personal data that will be processed by Winningtemp include:
Depending on what features of the Service the Customer will make use of, the following categories of personal data will be processed by Winningtemp:
User profiles: Names, e-mail, organisational belonging, sex, photos, birth date and time of employment. Winningtemp will as a main rule not process any special categories of personal data (as defined under the Data Protection Rules) nor other information more sensitive than those mentioned above.
Feedback: Information submitted and stored by the Customer in the Service, e.g. information in conversations between the Users.
Temperature: Information submitted and stored by the Customer in the Service, e.g. information in answers provided by the Users. As part of this feature, Winningtemp also provides index (based on companies similar to the Customer etc.) for the Customer to compare the result from its own users and thus processes personal data necessary to perform analysis, e.g. personal data in comment fields provided by the users.
Personal development: Information submitted and stored by the Customer in the Service, e.g. information in meeting notes from a staff appraisal.
User support: Names, organisational belonging, company role, telephone number, e-mail address and information about the support matter. Winningtemp will as a main rule not process any special categories of personal data nor other information more sensitive than those mentioned above.
Whistleblowing function: Information submitted in the whistleblowing report.
The Customer is fully responsible for the fact that no other categories of personal data than those mentioned above or in instructions linked to the Service are processed by Winningtemp.
Retention time
The retention time that applies for the personal data processed by Winningtemp is as follows:
Winningtemp enables the Customer to delete personal data in the Service itself and the Customer is responsible for the deletion. In cases where the Customer instructs Winningtemp to delete specific data, Winningtemp will delete such data.
Practical handling
Specification of how processing should proceed is as follows:
The personal data is processed only to the extent necessary for Winningtemp´s provision of the Service. This includes for example storing of personal data, sending out questions to Users, providing statistics and analyzing data. Winningtemp’s processing may also, on behalf of the Customer, include the sharing of personal data to Sub-Processors. The Sub-Processors used when entering into the Agreement are listed below in this Appendix A.
IT security measures:
Winningtemp´s IT security measures are described in Winningtemp´s security policy document
Sub-Processors at the time of entering into the Agreement:
Winningtemp for Teams - Addendum
You can only use this application in Microsoft Teams if the organization you work for have an agreement with Winningtemp. If you have downloaded this application by mistake, please remove the application. Contact us at Winningtemp which is responsible for providing the application if you have any questions regarding this.
1.1. Winningtemp provides its Customers with the possibility to use the Service as an application in Microsoft Teams (“Winningtemp for Teams”). Winningtemp for Teams is available within Microsoft Teams for any Customer using Microsoft Teams in its business. Winningtemp for Teams is provided without extra costs.
1.2. This addendum forms an integral part of the Agreement and applies to any use of Winningtemp for Teams. In all other regards, the Terms and the DPA applies to the use of Winningtemp for Teams. In the event of conflict between this addendum and any other part of the Agreement, the terms set out in this addendum shall take precedence.
1.3. The Customer has concluded a separate agreement with Microsoft to use Microsoft Teams. Microsoft’s and the Customer’s relationship is solely governed by the agreement between Microsoft and the Customer. The Customer shall direct any questions and claims inrelation to Teams to Microsoft and any questions and claims in relation to Winningtemp for Teams to Winningtemp.
1.4. Winningtemp for Teams can only be provided ifthe Customer has the right to use Microsoft Teams and if Microsoft Teams works without errors.
1.5. To provide Winningtemp for Teams, Winningtemp processes personal data on the Customer´s behalf as processor. The DPA governs any such processing. If Microsoft processes any personal data on behalf of the Customer such processing shall be governed in agreement between Microsoft and the Customer.
1.6. Winningtemp for Teams is provided “as is” as a free add-on to the Service. Any errors to Winningtemp for Teams shall not result in the Service being considered unavailable and shall neither give the Customer a right to reduction of payment or any other remedy.
This Data Act Notice was adopted by Winningtemp on 2025-09-12
The information set out on in this notice shall be read together with Winningtemp's “Annex: Switching and Exit plan.
This notice sets out general information regarding Winningtemp’s compliance with the applicable requirements under the Data Act in respect of data processing services. To the extent that Winningtemp provides services that constitute data processing services within the meaning of the Data Act, the information contained herein is relevant.
Jurisdictionof ICT infrastructure
Sweden,Netherlands, Germany, Ireland
Measures toprevent international unlawful government access
Pseudonymizatistorage at Euro owned server
Tools for switching
CSV exporting and uploading
Estimated time needed for export and transfer of exportable data
90 days from order date
The Customer acknowledges that the above estimate is based on that the Customer uses the tools for switchingin accordance with Winningtemp’s instructions and documentation, and that the time required by the Customer to import and implement the data into the destination environment may affect the time needed to transfer the exportable data.
Known risks to continuity in the provision of functions or services
No known risks
Other restrictions and technical limitations
Integrity rules will apply
Securing of IT resources
Integrations team
Winningtemp may in certain cases charge standard fees or fees for early termination of an agreement due to that the customer has initiated a switching process, as set out in Winningtemp's exit plan. If the Customer requests special support or assistance from Winningtemp that goes beyond Winningtemp's obligations under the Data Act, Winningtemp may e.g. charge fees for such assistance in accordance with Winningtemp's standard fees.
Exportable data
All data imported by the Customer at the beginning of the Agreement including metadata ("input data"):
Name in format CSV
E-mail in format CSV
Gender in format CSV
employment date informat CSV
Age in format CSV
Termination date informat CSV
Picture in format CSV
Position in format CSV
All data directly or indirectly co-generated through the Customer's use of the Service
Responses in format CSV
Appraisals in formatCSV
Analyzed data informat CSV
Free text Feedback in format CSV
Excluded categories of data and digital assets
Categories of data and digital assets specific to the internal functioning of the Service where a risk of breach of Winningtemp’s ora third party’s trade secrets exists:
Encryption keys
Data and digital assets protected for privacy and security reasons
Identifiable data
Reference to online register
This Exit-documentation is deemed a “online register”
1. The purpose of this annex for switching and exit (the "Exit Plan") is to ensure that customers of data processing services (including cloud and edge computing services) can switch suppliers or transfer their data to their own on-premises ICT infrastructure in accordance with Regulation (EU) 2023/2854 on rules for fair access to and use of data (the "DataAct").
2. Terms used in this Exit Plan such as "data processing services" and "switching" shall primarily have the meaning set out in the Data Act, unless otherwise clearly indicated by the circumstances. Terms with initial capital letters used in this Exit Plan shall have the same meaning as in the Data Act, if such terms are defined therein, and otherwise in the Agreement, unless otherwise expressly stated or indicated by the circumstances.
3. This Exit Plan consists of this main document and theapplicable exit documentation that contains specifications of exportable data,including digital assets, and specifications for switching as well as other information regarding switching, such as but not limited to excluded categories of data (the "Exit Documentation"). When this Exit Plan refers to the term “exportable data”, it shall also includethe Customer’s digital assets as applicable. This Exit Plan, including the Exit Documentation, forms an integral part of the Agreement between the parties. Notwithstanding anything else stated in the Agreement, in the event of a conflict between the provisions of this Exit Plan and other parts of the Agreement, the provisions of this Exit Plan shall take precedence in relationto the areas covered by this Exit Plan.
4. This Exit Plan is only applicable to the services covered by the Data Act and shall therefore not apply to, for example, non-production versions of data processing services provided solely for testing and evaluation purposes for a limited period of time.
5. If the Service has been custom-built or customized exclusively for the Customer, Winningtemp’s obligations according to Articles 23d, 29, 30.1 och 30.3 in the Data Act shall not apply. Neither shall Winningtemp’s obligations that follows from the Agreement apply, as regards: i) achieving functional equivalence in a new ICT environment with another supplier, ii) facilitating and taking measures for functional equivalence, and iii) ensuring compatibility with common specifications or harmonized standards.Furthermore, Winningtemp has the right to charge fees in such cases according to sections 11-14.
Switching Process
6. Notwithstanding anything else in the Agreement, theCustomer has the right to terminate applicable parts of the Agreement inadvance, in order to initiate a switching process in accordance with section 1.7 below (the “Switching Process”) by notifying Winningtemp in writing two (2) months in advance regarding which Service(s) the Switching Process relates to in accordance withthe Data Act. For the avoidance of misunderstanding, this does not entitle the Customer to a refund of fees already paid or an exemption from payment for already ordered Services and/or Consulting Services. The Customer is therefore still responsible for payment of the remaining time of the current term of the Agreement.
7. The Customer has the right to, no later than thirty(30) days prior to the expiry of the notice period set out in section 6 above, request:
a) switching from the Service to another service of the same service type. “The same service type” means a service that shares the same primary objective, service model and mainfunctionalities as the Service, provided by another supplier (the “New Supplier”);
b) porting all exportable data specified in the Exit Documentation to the Customer'so n-premises ICT infrastructure; and/or
c) erasure of Customer's exportable data in the Service.
Such switching, erasure or porting shall take place without undue delay and no laterthan within thirty (30) calendar days after the notice period in section 1.6 has expired (the"Transitional Period"). The Agreement, including the parties' rights and obligations stated there in, remains valid during the Transitional Period and until the Agreement is terminated in accordance with this section 2.
8. During the Transitional Period, Winningtemp shall:
a) provide the Customer, and third parties authorised by the Customer, with reasonable assistance in the Switching Process;
b) act with due care to maintain business continuity and continue to provide the Service under the Agreement;
c) provide clear information concerning known risks to continuity in the provision of the Service;
d)maintain a high level of security throughout the Switching Process, including the security of the Customer’s exportable data during the porting and data retrieval period referred to in section 10 in accordance with applicable law; and
e)support the relevant exit strategy for the Customer in relation to the Service, including by providing all relevant information.
In the Exit Documentation, additional information is provided about the tools used during the Switching Process, as well as time estimates, securing of IT resources, and continuity risks associated with switching.
9. During the Transitional Period, the Customer, or a third party appointed by the Customer, including the New Supplier, shall:
a) take all reasonable measures to achieve an effective Switching Process;
b) be responsible for importing and implementing the Customer’s exportable data into the Customer’s local infrastructure or into the New Supplier’s system/environment;
c) undertake to fully respect the intellectual property rights to any material provided by Winningtemp in connection with the Switching Process as well as Winningtemp’s trade secrets;
d) undertake to grant access to and, where necessary, sub-license the use of such material to third parties or to the New Supplier only to the extent permissible and necessary to complete the Switching Process until the end of the agreed Transitional Period,while fully respecting the confidentiality obligations and any intellectual property rights granted by Winningtemp.
The Customer is liable for any third party appointed by the Customer, including the New Supplier’s, compliance with the above sections as if it were the Customer’s own compliance.
10. The Customer is entitled to a data retrieval periodfor the Customer's exportable data of thirty (30) calendar days after the expiry of the Transitional Period. After the expiry of the data retrieval period, Winningtemp shall erase the Customer's exportable data, provided that the Switching Process has been successfully completed.
11. If the Transitional Period is technically unfeasible, Winningtemp shall notify the Customer within fourteen (14) working days after receiving the Customer's request of switching, of an alternative Transitional Period, which may not exceed seven (7) months from the date of the Customer'sswitching notice. Winningtemp shall also give the Customer a proper justification as to why the Transitional Period is technically unfeasible. Ifthe Customer does not object to such extended Transitional Period within seven(7) days from Winningtemp's notification, the extended Transitional Period notified by Winningtemp shall apply.
12. The Customer has the right to extend the Transitional Period one (1) time by a period that the Customer reasonably considers appropriate for its own purposes, however maximum 3 months. The Customer shall notify Winningtemp of such extension in writing as soon as possible, but no later than before the end of the Transitional Period. If Winningtemp does not object to such extended Transitional Period within seven (7) days, the extended Transitional Period shall apply.
In-parallel Use
13. Winningtemp shall, where applicable according to the Data Act, enable the Customer to simultaneously use multiple data processing services from different suppliers (“In-parallel Use”).
14. In the event of In-parallel Use, Winningtemp’s obligations under sections 8 b) and d) aboves hall apply.
15. The Customer is responsible for ensuring that the New Supplier takes measures in accordance with the Data Act to enable In-parallel Use. The Customer’s obligations under section 9 above also apply to the extent they are relevant for enabling In-parallel Use.
Fees and charges
16. The Customer is responsible for all costs for the IT services or tools required to import and implement the solution, including the Customer's data, in the New Supplier's environment or in the Customer's on-premises ICT infrastructure. Winningtemp has the right to charge fees, corresponding to Winningtemp's costs, for any Consulting Services and/or theprovision of tools required to import and implement the solution, including the Customer's data, in the New Supplier's environment or the Customer's on-premises ICT infrastructure in accordance with this section 11.
17. For the avoidance of doubt, Winningtemp has the right to charge fees as described in the sections above even if the Agreement terminates due to the expiry of any fixed term and the Switching Process has not yet been successfully completed according to section 20 below.
18. Furthermore, Winningtemp has the right to:
a) as regards In-parallel Use, charge fees in accordancewith Winningtemp’s applicable price list for the porting of exportable datafrom Winningtemp to a New Supplier or to the Customer's on-premises ICTinfrastructure (data egress charges), corresponding to Winningtemp's costs,and;
b) as regards switching of such customized Service asreferred to in section 5, charge fees in accordance with Winningtemp’sapplicable price list for Winningtemp's, or a third party engaged byWinningtemp, assistance with the Customer's switching regarding such Service.
Successful switching and termination ofthe Agreement
19. The Agreement shall be deemed to have terminated in the parts affected by the Switching Process, and the Customer shall be deemed to have been notified there of (i) after the successful completion of the Switching Process according to section 20 below; or (ii) upon expiry of the notice period in section 6. if the Customerchooses erasure of the Customer's exportable data instead of switching to a NewSupplier or the Customer’s on-premises ICT infrastructure.
20. The Switching Process shall be considered successfully completed when the correct exportable data has been transferred to the New Supplier or to the Customer's on-premises ICT infrastructure, which shall be deemed to have occurred at the latest:
a) when the Customer has notified Winningtemp in writing that the switching is successfully completed (such notification shall be made without undue delay); or
b) if the Customer hasnot notified Winningtemp that the switching has been successfully completed, or Winningtemp has not received such notification without un due delay, while Winningtemp has reasonable grounds to believe that the Customer has successfully completed the switching, when Winningtemp notifies the Customer that the Agreement is terminated.
If the Customer does not wish to switch but rather have the Customer's exportable data erased, Winningtemp shall, at the end of the Transitional Period, notify the Customer that the Agreement has been terminated, and that the Customer's exportable data has been erased.
21. If the Switching Process is not deemed successful, theAgreement shall continue to apply in applicable parts until the Switching Process is deemed successful according to section 20. above, unless the parties have agreed otherwise inwriting. All parties involved, including the New Supplier, must act in goodfaith and agree on the necessary measures to successfully complete the Switching Process. Winningtemp has the right to reasonable compensation for any additional costs incurred by Winningtemp as a result of the switch not being deemed successful if this is due to the Customer, the New Supplier or any other third party engaged by the Customer, or due to any other circumstance outside Winningtemp's control.
22. If the Agreement has been concluded for a fixed termand the expiry date of the Agreement is reached before the Switching Process has been successfully completed, and the Customer has not solely requested the erasure of the Customer’s exportable data, the parties shall cooperate to achieve a successful switch as soon as possible, where by the Agreement shall continue to apply in applicable parts until the parties have achieved a successful switch. For the avoidance of doubt is Winningtemp never obliged to provide the Services after the expiry of the Agreement, even if the Switching Process is still ongoing. If the Customer wants Winningtemp to provide the Services even after the expiry of the Agreement during the Switching Process,the parties may agree upon this in writing.
Amendments
23. Winningtemp has the right to continuously make amendments to this Exit Plan, including the Exit Documentation, to, forexample, comply with mandatory legal requirements or governmental recommendations or to adapt to changes in the surrounding environment. However,such amendments may not conflict with any applicable legislation. Furthermore,Winningtemp shall update the Exit Documentation to reflect current exportable data as well as other updated information about switching during the term ofthe Agreement. Such updates shall be carried out continuously by Winningtemp, unless otherwise agreed in writing by the parties.
24. Winningtemp shall provide the updated version of the Exit Documentation upon request by the Customer.
