Scope of application
This Yaocheng Data Hosting and Service terms ("Hosting Terms") are the terms and conditions of data hosting and support services related to software provided by Shanghai Yaocheng Health Science & Technology Co., Ltd. ("Yaocheng") in SaaS mode. The Hosting Terms are applicable to the user's data processing activities using Yaocheng Software.
If any of the following terms are not defined in the Master Agreement, they have the following meanings:
|The Master Agreement||refers to the “Master Agreement for Software and Professional Services (Purchaser)” or the “Master Agreement for Software and Professional Services (Partner)” signed by the relevant parties and Yaocheng.|
|Users||refer to the relevant stakeholders who use Yaocheng Software for data activities according to the applicable master agreement. According to the master agreement, they may include the Purchaser, Partner, Partner’s customer, and Authorized user.|
|Yaocheng Software||refers to the licensed software provided by Yaocheng through SaaS as agreed under the applicable master agreement and order ("Licensed Software" has the definition given in the master agreement).|
|User data||refers to the Purchaser data and Partner data agreed in the applicable master agreement.|
Terms used but not defined in this Hosting Terms shall have the definitions given in the applicable Master Agreement.
Hosting and Support Services
Yaocheng will provide data hosting and support services for users to use Yaocheng software agreed in the master agreement and corresponding orders for data processing activities. The hosting and support services described in the Hosting Terms include the following:
1、Provide users with data hosting services to enable customers to safely access, invoke or in other ways to process their user data when using Yaocheng Software.
2、Provide users with support services for using Yaocheng software, including upgrading, patching, bug fix of Yaocheng software.
For the avoidance of doubt, the hosting and support services described in this Hosting Terms do not include the professional services under the applicable master agreement for which the relevant users need to sign in separate orders.
Authorized access and processing
The user agrees and confirms that Yaocheng will only access or process user data for the following purposes: (a) provide Yaocheng software to the user; And (b) provide hosting and support services to users. Between Yaocheng and users, users retain all rights, ownership and interests in user data. For the above purposes, Yaocheng may access or process user data in the following ways:
1、Designate Yaocheng personnel as project administrator or system administrator to access user data with read-only permissions to help users make more efficient use of relevant functions of Yaocheng software and help users identify and find possible problems in the process of use;
2、Configured function delivery, including customized requirements implementation.
3、Troubleshooting (prevention, detection and bug fix);
4、Continuously improve Yaocheng software (install the latest updates, upgrade the system, verify the compatibility of new functions, improve the reliability, effectiveness and security of software and services, etc.).
Yaocheng will not access or process user data for advertising, marketing, or similar purposes.
Data retention and deletion
Within the period of authorized use of Yaocheng Software agreed in the applicable master agreement and corresponding orders, users can access, extract, and delete user data stored in Yaocheng Software according to their respective permissions.
Security measures and obligations
1、Yaocheng will implement and maintain appropriate technical and organizational measures to protect user data and prevent accidental or illegal destruction, loss, change, unauthorized disclosure, or access of user data transmitted, stored or otherwise processed by users when using Yaocheng software.
2、By default, user data (including any personal data involved in it) transmitted on the public network between the user and Yaocheng or between Yaocheng's data centers is encrypted. Yaocheng will also encrypt the user data stored statically in the process of using Yaocheng software.
3、Yaocheng adopt the mechanism of minimum necessary access rights to control access to user data. For user data access required to provide Yaocheng software and hosting and support services to users, Yaocheng adopts role-based access control to ensure limited access only when the purpose is reasonable and approved in accordance with the management control process.
4、If there is a scenario where user data needs to be recovered, Yaocheng will obtain the user's consent and authorization separately according to the management control process before implementing relevant operations.
5、Users are responsible for independently determining whether Yaocheng's technical and organizational measures meet their requirements, including any security obligations under applicable data protection laws and regulations. The user acknowledges and agrees that (taking into account the technical status quo, implementation costs and the nature, scope, context and purpose of relevant data processing activities and possible risks) the security practices and policies implemented and maintained by Yaocheng can provide a security level appropriate to the risks associated with user data.
6、If Yaocheng finds that there is a security event that causes accidental or illegal destruction, loss, change, unauthorized disclosure or access to user data stored on Yaocheng software, Yaocheng will (1) promptly notify the user of the security event; (2) Investigate security incidents and provide users with detailed information about security incidents; And (3) take reasonable measures to mitigate the impact and minimize the damage caused by security incidents without undue delay.
The security event notification will be sent to one or more administrators of the user by any means (including email) selected by Yaocheng. Users are responsible for ensuring the accuracy of their administrator's contact information. The user shall be responsible for complying with the obligations related to security events stipulated in the laws and regulations applicable to the user.
Yaocheng's notification or response to the security incident in accordance with the provisions of this section does not mean that Yaocheng acknowledges any fault or responsibility related to the security incident.
If the user finds any possible misuse of account or authentication credentials or any security incident related to Yaocheng Software, the user must immediately notify Yaocheng.
Service level of hosting and support services
The hosting and support services provided by Yaocheng to users meet the following service levels:
Calculation method: (system running time - system unavailable time)/system running time × 100%
Target: ≥ 99%
Calculation method: interval between two adjacent system unavailable events
Target: ≥ 90 days
3、Incident Response Service Level
|Severity||Definition||Initial Responding Time|
|Emergency S1||system service interruption or serious data integrity problem, affecting all users||1 hour|
|High S2||system is available, but major functional defects or significant performance degradation occur||4 hour|
|Medium S3||system is available, but secondary functional defect occurs||1 business day|
|Low S4||routine consultation or service request (including demand change)||2 business day|
The service level agreed in this section does not apply to: (i) users use Yaocheng Software in non-production environment (such as test environment); (ii) User's Free trial, Tryout, Preview for software or functions provided by Yaocheng.
Under no circumstances will Yaocheng be liable for failing to reach the service level due to any of the following reasons: (i) the user's breach of the Master Agreement or this Hosting Terms; (ii) due to user or third party’s mis-use or oversight; (iii) The reason for any system, hardware, software or service not controlled by Yaocheng (including but not limited to the reason for the user's own computer or network system, the reason for the telecom operator or the Internet access operator).
Update and application of hosting terms
The user's use of a Yaocheng software shall be subject to the Hosting Terms that are valid when signing the corresponding order. Yaocheng may update the Hosting Terms from time to time to (i) meet the requirements of applicable laws and regulations issued from time to time; Or (ii) reflect the features of the new functions and supplementary programs (i.e., the content not included in the previous software) launched by Yaocheng with respect to the relevant Yaocheng software.
Yaocheng will publish notifications to notify the users of major changes to current Hosting Terms (if any) 30 days in advance on website: https://www.yaocheng.cn/service/hosting-service-policy.
If such update is to meet the requirements of applicable laws and regulations issued from time to time, the updated content shall be applicable to users' use of Yaocheng Software starting right after Yaocheng released the new Hosting Terms.
If the update is to reflect the new features and supplementary programs of Yaocheng Software, users should apply the updated Hosting Terms when using these new features and supplementary programs.