11.1 This agreement contains all the documents, annexes and other documents referred to here, including, but not limited to the Authorized Use Directive, ALS and, if applicable, any data processing agreement. This agreement, as well as each order form and/or SOW, is the whole agreement between the parties regarding this purpose and (i) replaces all pre-printed conditions of an order that have no effect, and (ii) any prior or simultaneous agreement of the related parties, including a separate confidentiality agreement between the parties regarding this purpose, since it relates to confidential information disclosed after the date and in accordance with this agreement. This agreement, any order form and SOW can be amended or a right can be waived only in writing signed by the parties. By executing this agreement, the customer confirms and accepts that Sprinklr did not give assurances to induce the customer to enter into this contract, with the exception of the explanatory assurances expressly stated in that agreement or in an order form or SOW expressly entered into under that agreement. The customer refuses to rely on any insurance, if at all, except for what is stipulated in this Contract or Order Form or SOW. The data was collected from the base with a mobile medical application developed by Sprinklr. The UDF alliance, led by Congress, and the BJP rejected the agreement and said the agreement risked crucial health data for thousands of people without their consent. Days after the Kerala government was questioned about its links to the U.S. company Sprinklr regarding the transmission of data from people under surveillance for COVID-19, the government released documents relating to the contract. Eight documents posted on the State Government website include the order form, the service contract, Sprinklr`s declaration of confidentiality, the confidentiality agreement and two confirmation letters written on April 11 and 12. State Information Technology Department Secretary and Officer of Special Duty to Chief Minister M Sivasankaran had signed agreement with New Jersey-based Sprinklr. The pact was drawn up without the approval of the legal and financial services.
The confidentiality agreement, which the government had previously cited as evidence of data protection, states in a section with the inscription „Confidentiality“: „Within thirty (30) days after the termination came into effect and upon request, Sprinklr will remove the available content from the platform`s client. Both parties will accept an acceptable transfer method,“ the agreement states. A relevant part of the agreement with Sprinklr is data protection. 8.2 The client and the sprinkler each agree not to use the other party`s confidential information for any purpose other than those necessary to fulfill its obligations under this Agreement. During and after the expiry date, none of the receiving parties will disclose to third parties the confidential information of the revealing party without the prior written consent of the revealing party, unless (i) such disclosure is necessary to carry out the obligations of the receiving party under this agreement; or (ii) as required by law (provided that the party required to disclose informs the other party of this requirement in advance to the extent permitted by law).