Terms & Conditions

Last updated: 1 April 2025

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

  1. Definition of the Service:
    Phoenix is a SaaS solution for whistleblowing management operated by Integrity International SA. SaaS is a cloud-based service model where software applications are hosted by a provider and made available to clients over the internet. The clients subscribe to the service on behalf of their own organization or as third-party operators of whistleblowing for their clients. Phoenix offers various features and functionalities for managing whistleblowing incidents, including secure and anonymous reporting channels, case management tools, and analytics reporting.
  2. User Rights and Obligations:
    The users have the right to use all features provided in the Phoenix application and must comply with all applicable laws and regulations in the countries they operate, including the General Data Protection Regulation (GDPR) and local data protection laws. They must also comply with whistleblowing laws, witness protection laws related to whistleblowing activities, and shall protect the whistleblowers based on their choice for anonymity or confidentiality. Users are responsible for ensuring that the information they provide in the Phoenix application is accurate and truthful.
    Users shall not use the Phoenix application to engage in any fraudulent, illegal, or unethical activities, including but not limited to disclosing false or misleading information or using the application to harass or intimidate other users. Users shall not attempt to gain unauthorized access to the Phoenix application or interfere with its operation or functionality in any way.
    Users shall not engage in any fraudulent or misleading activities, including but not limited to providing false, inaccurate, or incomplete information in the Phoenix application, impersonating any person or entity, or misrepresenting their identity, affiliation, or relationship with any other person or entity. Integrity International SA reserves the right to suspend or terminate a user’s access to the Phoenix application if the user engages in any such activities.”
    Phoenix reserves the right to suspend or terminate a user’s access to the service if the user violates these terms and conditions.
  3. Use of Free Services:
    1. Right to Modify or Discontinue Services:
      Phoenix reserves the right to modify, suspend, or discontinue the free version of the Service (or any part thereof) at any time, with or without notice. Users acknowledge that the availability of the free version is not guaranteed indefinitely, and Phoenix shall not be liable for any modification, suspension, or discontinuation of the Service.
    2. Changes to Terms:
      Phoenix may update these Terms from time to time. Users will be informed of such changes through notifications within the application or via email. Continued use of the Service after any changes constitutes acceptance of the updated terms. Users are responsible for reviewing the Terms periodically.
    3. Termination of Free Service:
      Phoenix may, at its sole discretion, terminate or suspend access to the free version of the Service immediately, without prior notice or liability, for any reason, including but not limited to misuse, violation of these Terms, or other applicable policies.
    4. Limitation of Liability for Free Version:
      The free version of the Service is provided on an “AS IS” and “AS AVAILABLE” basis. Use of the Service is at the user’s own risk. Phoenix disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. To the fullest extent permitted by applicable law, Phoenix shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the free version of the Service.
    5. User Responsibilities:
      Users agree not to misuse the free version of the Service or assist others in doing so. Misuse includes but is not limited to unauthorized access, reverse engineering, or use that violates applicable laws or these Terms. Any violation may result in immediate suspension or termination of access.
  4. Payment Terms:
    Users pay based on the subscription model they have chosen and for the time period proposed. The pricing and subscription models are described on the Phoenix website. Integrity International SA reserves the right to change the subscription models and pricing, and any changes will be communicated to the user through notifications in the Phoenix application or via email. Users will be notified of any changes to the subscription models and pricing before the end of the subscription period. At the end of the subscription period, the user can choose to continue subscribing to the service under the new subscription models and pricing or to stop using the service. Users are responsible for paying all fees and charges associated with their subscription to the Phoenix application, including any applicable taxes. Failure to pay fees may result in the suspension or termination of the user’s access to the service. If the account is suspended or terminated in accordance with clause 2, the user will not be eligible for a refund.
  5. Data Privacy and Security:
    Phoenix Whistleblowing Systems complies with the General Data Protection Regulation (GDPR) and provides a system that allows for data privacy and security. However, users of the Phoenix application will be acting as data processors and are responsible for managing the data that they process in compliance with applicable data protection laws and regulations. Users are responsible for ensuring that they obtain all necessary consents and authorizations for processing personal data through the Phoenix application. Phoenix will implement appropriate technical and organizational measures to protect the confidentiality, integrity, and availability of user data. Phoenix will not access or use user data except as necessary to provide the Phoenix application and related support services. In the event of a data breach or other security incident, Phoenix will promptly notify the affected users and take appropriate measures to mitigate the impact of the incident.
  6. Intellectual Property:
    The users must recognize that all intellectual property rights, including but not limited to trademarks, trade names, copyrights, and patents, in the Phoenix application are owned by Integrity International SA or its licensors. Users are granted a limited, non-exclusive, non-transferable, and revocable license to use the Phoenix application for the duration of their subscription. Users must not use the Phoenix application in any way that infringes on the intellectual property rights of Integrity International SA or its licensors. Users retain all intellectual property rights in the data and information they provide through the Phoenix application. However, users must ensure that they have the necessary rights and authorizations to use any intellectual property, including names and copyrights, that they input in the Phoenix application. Phoenix reserves the right to remove any content that infringes on the intellectual property rights of others. Users must immediately notify Phoenix of any suspected infringement of intellectual property rights related to the Phoenix application.
  7. Termination and Cancellation:
    The contract between the user and Integrity International SA ends upon the expiration or termination of the user’s subscription to the Phoenix application. The user’s rights to access and use the Phoenix application will terminate upon the expiration or termination of the subscription. However, the provisions related to intellectual property, data protection, confidentiality, liability, and governing law and jurisdiction will remain binding and enforceable after termination. Upon the expiration or termination of the user’s subscription to the Phoenix application, all data inputted by whistleblowers will be deleted within a period of one month, and all data inputted by the user will be deleted within a period of three months, subject to any applicable legal or regulatory requirements to retain data. Integrity International SA will retain data related to billing and other records as required by law or regulation. Any fees paid by the user for the Phoenix application are non-refundable, except as required by law. Phoenix reserves the right to suspend or terminate the user’s access to the Phoenix application at any time for any reason, including but not limited to the user’s breach of these terms and conditions.
  8. Liability and Indemnification:
    Integrity International SA shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Phoenix application, including but not limited to loss of profits, revenue, data, or business opportunities, or any other damages arising from the use or inability to use the Phoenix application. To the extent permitted by applicable law, the liability of Integrity International SA shall be limited to the amount paid by the user for the Phoenix application during the preceding twelve (12) months. Users agree to indemnify and hold harmless Integrity International SA, its affiliates, and its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with the user’s use of the Phoenix application, including but not limited to any breach of these terms and conditions, any infringement of intellectual property rights, or any violation of applicable laws or regulations.
  9. Governing Law and Jurisdiction:
    These terms and conditions shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to any choice of law or conflict of law provisions. Any disputes arising from or related to the use of the Phoenix application shall be exclusively resolved by the courts of Switzerland. However, users shall also comply with all applicable laws and regulations in the countries where they operate, including but not limited to data protection laws and whistleblowing laws. Users are responsible for ensuring that their use of the Phoenix application complies with all applicable laws and regulations.
  10. Amendments and Updates:
    Integrity International SA reserves the right to amend or update these terms and conditions at any time in its sole discretion. Any changes will be communicated to the user through notifications in the Phoenix application or via email. The user’s continued use of the Phoenix application following any such changes constitutes the user’s acceptance of the revised terms and conditions. It is the user’s responsibility to regularly review these terms and conditions to ensure compliance. If the user does not agree to any changes to the terms and conditions, the user must immediately stop using the Phoenix application.
  11. Support and Maintenance:
    Integrity International SA shall provide technical support and maintenance for the Phoenix application during the subscription period. The technical support and maintenance shall include resolving technical issues related to the Phoenix application and responding to inquiries related to the use of the Phoenix application. Users can communicate with Integrity International SA’s technical, commercial, or administrative team through the Phoenix application’s ticketing system or via email. Integrity International SA shall use commercially reasonable efforts to respond to support inquiries within a reasonable timeframe. The response time may vary depending on the severity and complexity of the issue. Integrity International SA shall provide updates and patches to the Phoenix application as necessary to maintain its functionality and performance. Integrity International SA shall use commercially reasonable efforts to minimize the disruption to the Phoenix application during any updates or maintenance activities. However, Integrity International SA shall not be liable for any damages or losses arising from any disruption to the Phoenix application during updates or maintenance activities.
  12. Entire Agreement:
    These terms and conditions constitute the entire agreement between the user and Integrity International SA regarding the use of the Phoenix application and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the user and Integrity International SA. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of Integrity International SA to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision.
  13. Contact Information:
    If the user has any questions or concerns about these terms and conditions, please contact Integrity International SA by email at [email protected]