TERMS AND CONDITIONS
Important— Please read carefully
This Online End-User Licence Agreement ("Agreement") is a legal agreement between you (either as an individual or entity, referred to as either “the End User” or “You”) and RPS Energy Ltd. (hereinafter referred to as ‘’RPS’’) for the use of the RPS OPS Pro platform (hereinafter referred to collectively as the “OPS Pro’’) that accompanies this Agreement. RPS shall further mean and include all of RPS’ parent, subsidiary and affiliated corporations, partnerships, and the predecessors and successors of all such entities. You agree to be bound by the terms of this Agreement by accessing or using OPS Pro. If You do not agree, do not access or use OPS Pro.
1. Grant of license. RPS grants you the following rights provided that you comply with all terms and conditions of this Agreement:
1.1 Installation and use. This is a non-exclusive, non-transferable license to use the online and machine executable OPS Pro for the internal purposes of the End User. The End User acknowledges and agrees that OPS Pro is the property of RPS and that this Agreement grants the End User no title or rights of ownership in OPS Pro or any right to use or copy to transfer or disclose, or to disassemble or reverse engineer, all or any portion of OPS Pro.
2. Limitations on Use. The End User shall not use or duplicate OPS Pro (including any documentation associated with OPS Pro) for any purpose other than as specified in this Agreement or make OPS Pro available to any third parties. The End User shall not (i) rent, sell, lease, or lend, electronically distribute, time-share, or market OPS Pro by interactive cable or remote processing services or otherwise distribute OPS Pro other than as specified in this Agreement; (ii) cause or permit the reverse engineering, disassembly, or de-compilation of OPS Pro; or (iii) cause or permit the sample data to be distributed to a third party.
3. Reservation of rights and ownership. RPS reserves all rights not expressly granted to the End User in this Agreement. OPS Pro is protected by copyright and other intellectual property laws and treaties. RPS owns the title, copyright, and other intellectual property rights in OPS Pro. OPS Pro is licensed, not sold. This Agreement does not grant You any rights to trademarks or service marks of RPS.
4. Warranty and Remedy. OPS Pro is intended for use by the End User in accordance with the OPS Pro manual provided by RPS to the End User and any updates issued thereto. The End User will exercise sound judgement and expertise in connection with their use of OPS Pro. The effective operation of OPS Pro depends, among other things, upon the accuracy of data introduced by RPS and the End User. To the extent that POS Pro includes data provided by RPS and data may be from sources the RPS believes to be reliable, but RPS cannot be responsible for inaccurate or incomplete data.
RPS does not guarantee or imply an offer of employment with or engagement of the End Users’ services on third party projects by RPS or any other associated organization.
There are no warranties of any kind, whether expressed or implied, with respect to this Agreement, OPS Pro, or any services or goods provided by RPS to the End User in connection with OPS Pro, including but not limited to, any implied warranties or merchantability or fitness for a particular purpose.
5. Liability. To the extent permitted by law, RPS does not accept liability for any loss (including consequential loss), expense, damage or delay caused by or arising from, in connection with or in any way related to the Agreement or OPS Pro arising from breach of contract, tort or otherwise. You indemnify and hold RPS harmless against any liability, loss, claims, fines, penalties and damage (including but not limited to losses of RPS and any third-party claims and legal costs) arising out of or in connection with this Agreement.
6. Copyrights. RPS owns the copyright in OPS Pro. The End User agrees not to remove or destroy any copyright or proprietary markings or legends placed upon or contained in OPS Pro and to include all such markings on all copies of any OPS Pro documentation, or promotional material as may be made by the End User.
7. Termination. Without prejudice to any other rights.
7.1 RPS may terminate this Agreement with immediate effect if the End User fails to comply with the terms and conditions of this Agreement. In such event, the End User will be notified of termination by RPS in writing and the End User must destroy all copies of OPS Pro and all of its component parts.
7.2 The End user may terminate this Agreement with immediate effect upon the provision of written notice to the relevant RPS Project Manager.
Upon the termination of this Agreement, the license and all rights granted to the End User hereunder shall immediately cease.
8. Trademarks. The End User shall not market OPS Pro. RPS shall not have any liability to the End User for any claims made by third parties relating to the improper use of any RPS’ registered trademark(s).
9. Governing Law. This Agreement shall be governed and construed in accordance with the exclusive laws of England and Wales.
10. Entire Agreement. This Agreement supersedes all proposals, oral or written, and all prior negotiations, conversations, and discussions between the parties related to the subject of this Agreement. The End User acknowledges that it has not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained or specifically referred to herein. The terms and conditions of this Agreement shall prevail, notwithstanding any variance with the terms and conditions of any purchase order or other instrument submitted by the End User.
11. Changes. The End User hereby agrees that this Agreement may be modified or amended, by RPS upon written notification to the End User on the login page of OPS Pro. To proceed to log into OPS Pro the End User will be required to confirm acceptance of any such modification and/or amendment.
12. The End User acknowledges that the End User has read the Agreement, understands it and agrees by utilizing OPS Pro, to be legally bound by the Agreement.
PRIVACY NOTICE
RPS is committed to protecting your privacy. Before providing us with any of your details, you must read the following important information which sets out the basis on which any personal data we collect from you or that you provide to us, will be processed, stored and/or transferred by us.
Data Controller
RPS ('we', 'us', 'organisation') is the Data Controller for the information you provide to us. If you have any questions about the process, please contact us at:
RPS, 20 Milton Park, Abingdon, Oxfordshire OX14 4SH (FAO: Data Controller)
RPS is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.
What information does the organisation collect?
The organisation may collect and process a range of information about you, for particular services that we may offer through numerous divisions. This will depend on the nature of our relationship with you.
- Your name, address and contact details, including email address and telephone numbers
- Your gender, marital status, date and place of birth;
- Name and contact information of your emergency contact and next of kin (email, phone, address);
- Passport information and copy
- Various other identifications (i.e. seaman’s book, TWIC/MSIC) details;
- Details and copies of trainings and certifications relevant to your contract;
- Details and copies of degrees / diplomas relevant to your contract;
- Type, date, and copy of first page of offshore medical / fitness for duty certificate (excluding specific medical information);
- Date of last drug and alcohol screening (excluding details or copies of results);
- Details on work and project history
The organisation will only seek information from third parties with your consent.
On what legal basis does the organisation process personal data?
Data protection laws require us to explain what legal grounds justify our processing of your personal information (this includes sharing it with other organisations). For some processing, more than one legal ground may be relevant (except where we rely on a consent). We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
- Where we need to bid for projects and/or perform projects under contract with RPS clients.
- Where we need to comply with a legal obligation.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
We may also use your personal information in the following situations, which are likely to be rare:
- Where we need to protect your interests (or someone else’s interests);
- Where it is needed in the public interest [or for official purposes]
Who has access to data?
Your information may be shared for the purposes of processing on specific service(s) you have entered into with the organisation. Information may be shared with the following parties, including (but not limited to):
- Managers & project team members across the organisation
- Third parties to whom we choose to sell, transfer, or merge parts of our business or our assets
- Third party clients to us, on whose projects your services may be/are to be provided
IT staff may also be required to access your data, if it is necessary for the performance of their roles, routine administration and in the management of our internal IT systems.
RPS will not share your data with third parties, unless there is a requirement to do so.
For how long does the organisation keep data?
We keep your personal data for the period necessary to fulfil the purposes for which it has been collected and to comply with our legal obligations.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once this data is no longer required, we will retain and securely destroy your personal information in accordance with applicable laws and regulations.
Your rights
Here is a list of the rights that all individuals have under data protection laws. They do not apply in all circumstances. If you wish to exercise any of them, we will explain at that time if they are engaged or not.
- The right to be informed about your processing of your personal information;
- The right to have your personal information corrected if it is inaccurate and to have incomplete personal information completed;
- The right to object to processing of your personal information;
- The right to restrict processing of your personal information;
- The right to have your personal information erased (the “right to be forgotten”);
- The right to request access to your personal information and to obtain information about how we process it (see below for further details);
- The right to move, copy or transfer your personal information (“data portability”);
- Rights in relation to automated decision making which has a legal effect or otherwise significantly affects you.
You have the right to complain to your local Data Protection Authority which enforces data protection laws global map.
Access to personal data
You can amend your data at any time in OpsPro. Should you wish to request access to any additional data, please contact dataprotection@rpsgroup.com.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, and in exceptional circumstances only, we may refuse to comply with the request in such circumstances.
What if you do not provide personal data?
You are under no statutory or contractual obligation to provide data to RPS. However, if you do not provide the information necessary, then the organisation may not be able to provide the necessary services to fulfil any contractual duties we engage in.
How we protect and store your personal data
The organisation takes the security of your data seriously. The organisation has internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by its employees in the performance of their duties.
Where the organisation engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.
Data will be stored on a designated server within the organisation's IT system. All data deemed “personal information” is encrypted to ensure security of data.
Is personal data transferred outside the country of origin?
Your personal information may be transferred outside the country of origin and will be protected in line with required data protection standards. Some countries also have adequate protection for personal information under laws that apply to us. We will make sure that suitable safeguards are in place before we transfer your personal information that does not have adequate protection under laws that apply to us, except in cases where what are called ‘derogations’ apply.
Automated decision-making
We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
Changes
The End User hereby agrees that this Privacy Notice may be modified or amended, by RPS from time to time upon written notification to the End User on the log in page of OpsPro. To proceed to log into OpsPro the End User will be required to confirm acceptance of any such modification and/or amendment or terminate their use of OpsPro by deleting their entry in OpsPro.
Cookies
For more information please see our Cookies Policy.
Contact
If you have any queries about this privacy notice or in general about the personal data which we may hold about you, please contact: - dataprotection@rpsgroup.com