Finding a simple, user-friendly audit tool which does not complicate your work or your life is not an easy task. Even more so if you are a smaller organisation. We have experienced this first hand! After using several audit software solutions, as auditors we decided that none of them actually fit our needs! Our work has not become easier, more efficient, flexible or accountable… Essentially, we were adapting to the software, and not the other way around.
As auditors in need of a change and with a clear vision of what we require from an audit software, we joined our forces with software developers and the result is Tickmark Audit Software.
Therefore, as auditors in need of a change and with a clear vision of what we require from an audit software, we joined our forces with software developers and the result is Tickmark Audit Software – an affordable, user friendly, and powerful cloud-based platform which optimises the audit work by supporting the project team’s work. This is achieved through tailored audit procedures, plans, checklists, review procedures, archiving rules, and other activities relevant to the audit process and all in accordance with the ISA.
Tickmark Audit Software – affordable, user friendly and powerful cloud-based platform which optimizes the audit work by supporting the project team’s work.
After a successful release of the commercial version of Tickmark Audit Software, followed by a period of strong growth in number of users, Tickmark is now in the phase of further expansion into new markets. In addition to having an excellent support team to help our clients (should the need arise), we are continuously enhancing the software itself by preparing releases of new modules (like Tickmark Reporting Tool) which will result in extension of current functionalities and improved user experience.
Throughout this process, we remain dedicated to our vision that the audit software must adapt to the auditors and their needs, and not the other way around!
General Data Protection Regulation (GDPR), as introduced by the Regulation (EU) 2016/679 of the European Parliament and of the Council came into force in Croatia on 25 May 2018. We can proudly say that our business practices and personal data management are fully compliant with the GDPR policy.
Our company successfully implemented ISO 27001: 2015. Thanks to the standards and the internal rules that we enforce, we ensure full compliance with the legal conditions when receiving, processing, transmitting, and storing personal data both as Administrator and as Processor. The safeguarding of personal data confidentiality and integrity is a key responsibility for us, and we treat it with all the necessary seriousness as a party within the Regulation scope. Our team is trained and ready to consistently apply the basic principles of GDPR:
Personal data shall be processed lawfully, fairly, and in a transparent manner;
Personal data shall be collected only within the legal terms and conditions;
Personal data shall be processed in a manner that ensures appropriate security, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage;
Regular testing of systems and processes shall be carried out;
Continuous development, evaluation, control and document reporting of personal data processing shall be maintained.
As a developer, distributor, and provider of software application services which manages personal data, our company has reviewed and optimised its concepts and decisions regarding the software it offers for the purpose of implementing the General Data Protection Regulation (GDPR).
Security and protection of your personal data is our utmost priority and we will maintain this by relying on good practices and capabilities, and willingness to adhere to all the necessary policies and regulations.
Our service provider, Amazon has also implemented GDPR, details can be found on https://aws.amazon.com/compliance/gdpr-center/
By accessing and/or installing demo version of Tickmark Audit Software and/or Tickmark Reporting Tool you are agreeing to these Terms and Conditions (T&C), which results in a legal agreement between you and LUMBRELA d.o.o., a company incorporated under the laws of Croatia, having its registered office at Jelačićev trg 7, Rijeka, Croatia. The terms “we”, “us”, “our” and “Lumbrela” refer to Lumbrela d.o.o. (hereinafter: “Lumbrela).
Please read these T&C carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes.
Tickmark Audit Software and/or Tickmark Reporting Tool are intended for business use only. Thus, access to and installation of demo versions are available exclusively for businesses. By accepting these T&C you confirm that you have proper authorizations within your organization to enter into binding legal agreement on behalf of the organization. Except for in the previous sentence, the term “Customer” and “you”, “your” refer to your business organization. We reserve our right to deny access to demo versions for any of the following reasons: (a) required data is not submitted, (b) submitted data does not identify you as a business, (c) we have sole discretion to deny you access. You may contact us directly for any further information.
In order to access, install and use demo versions of Tickmark Audit Software and/or Tickmark Reporting Tool you must submit required data and follow provided access/installation guidelines. Tickmark Audit Software and/or Tickmark Reporting Tool demo versions are singularly and collectively referred as Software (hereinafter: “Software”).
Access and use of Software demo versions is granted free of charge for a limited period following the acceptance of these T&C.
2. LIMITATION OF LIABILITY, NO WARRANTIES OR REPRESENTATIONS
2.1. The Software may be used to access and transfer information over the Internet. Customer acknowledges and agrees that Lumbrela and its affiliates, agents, subcontractors and suppliers do not operate or control the Internet and that (i) viruses, worms, trojan horses, or other undesirable data or software, or (ii) unauthorised users (e.g. hackers), may attempt to obtain access to and damage Customer’s data, websites, computers or networks. Lumbrela shall not be responsible for prevention or effects of such activities.
2.2. Customer acknowledges and agrees that Lumbrela and its affiliates, agents, subcontractors and suppliers cannot influence the conduct of Amazon Web Services (hereinafter: „AWS“) or any other hosting services provider. Lumbrela shall not be responsible for acts or omissions by AWS or other hosting service provider.
2.3. Customer assumes all responsibilities and risks, for itself and all users, regarding: (i) all data and information collected, used or included in or processed, accessed or stored with the demo version; (ii) the preparation, accuracy, review and use of results obtained through use of the Software or any content, and any decisions or advice made or given to any party based on the usage of the demo version. The audit working paper templates cannot in any way be deemed to replace the due application of the international standards on auditing, in their relevant version, by the Customer or be relied upon by the Customer without the appropriate application of the international standards on auditing. Lumbrela and its affiliates, distributors, agents, subcontractors and suppliers are not engaged in rendering auditing, accounting, legal or other professional or expert advice or services and are not responsible for how the demo version is used, the results and analysis derived by Customer by use of the demo version, the due application of the international standards of auditing in their work and any decisions the Customer may take based on Customer’s usage of the demo version.
2.4. Except as otherwise provided in this Agreement, and to the maximum extent permitted by law, neither Lumbrela or Customer, nor their respective affiliates, distributors, agents, subcontractors or suppliers, will have any liability whatsoever for any loss of sales, profits, business, data, or other incidental, consequential, indirect, or any loss or damage, even if advised of the possibility of their occurrence, resulting from or arising out of or related to this Agreement and the demo version, or any other cause whatsoever, regardless of the form of the claim or action (whether based on contract, negligence, strict liability or other tort, statute or otherwise), provided, however, there shall be no limitation of liability for Customer’s breach of any provisions of this agreement relating to proprietary rights, confidentiality and non-disclosure and non-use of confidential information.
2.5. Customer uses the Software at its own risk and in no event shall Lumbrela be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages arising from or in any way connected with, your access to, display of or use of the Software or with the delay or inability to access, display or use the Software.
3. CONFIDENTIAL INFORMATION
3.1. Customer’s (i) financial and audit working papers and related documentation, and (ii) all data and other information identified as confidential by Customer, are confidential information of Customer. Customer agrees that the demo versions constitute trade secrets and confidential information of Lumbrela. “Confidential Information” includes any Lumbrela internal policies, procedures or third party audit or attestation reports and all information that is or reasonably should be understood to be confidential, proprietary, or generally not available to the public, whether furnished or made available before or after the date of this Agreement, and regardless of its form, format, media or mode of disclosure (written, visual, electronic or other).
3.2. Each party agrees to use the same care to protect the Confidential Information of the other as it employs with similar information of its own (but in no event less than reasonable care). Neither party will disclose any Confidential Information of the other party, except that each party may disclose Confidential Information of the other to its employees, subcontractors or agents who have a need to know such information, provided that, prior to such disclosure, the disclosing party requires that each such employee, subcontractor or agent agree to the restrictions on use and disclosure of Confidential Information set forth in this Agreement. The parties further agree that they will use Confidential Information solely for the purposes for which such information, or access to it, is provided pursuant to the terms of this Agreement. Upon termination of this Agreement or otherwise promptly after the disclosing party's reasonable request, the receiving party shall either return to the disclosing party or destroy and certify in writing to such party the destruction of any and all Confidential Information of such party in the receiving party's possession. These confidentiality obligations shall survive the termination of this Agreement indefinitely.
3.3. The Customer acknowledges and accepts that all Confidential Information entered into the Software is stored in the Cloud hosted by AWS and does hereby expressly agree to AWS Terms and Conditions. Storage of Confidential information in the Cloud shall not be deemed as disclosure contrary to clause 3.2 hereof.
3.4 Disclosure of Confidential Information contrary to the terms of this Agreement shall not include information which is: (i) independently developed by the party without the benefit of the other's disclosure or is already known by the party at the time of disclosure; (ii) approved for release by the other's written authorization or is rightfully received by the party from a third party without any obligation of confidentiality; (iii) public knowledge without the wrongful act or breach of this Agreement by either party; or (iv) disclosed pursuant to the requirements of a governmental agency or court order.
4. UNAUTHORISED ACCESS AND/OR USE OF DEMO VERSION
4.1 Customer shall not (a) modify, port, adapt or translate or create any derivative works from or based on the demo version, in whole or in part, (b) reverse engineer, decompile, disassemble or otherwise attempt to reduce the object code to or discover the source code of the Software, or (c) combine or merge the Software with, or incorporate it into, any other software. Customer’s use of the Software to process Customer information or tasks and produce activity lists, schedules or reports which the Software enables and for which it is intended will not be deemed to constitute creation of derivative works or violations of this Section 4.1.
4.2 Customer shall not (a) sublicense, assign or transfer the Software in whole or in part to any third party, or (b) assign or transfer to any third party any of Customer’s rights or interests in and to the Software, including through any lease, rental, subscription, lending, pledge, security interest or shared participation arrangement with or in favour of any third party.
4.3. If Customer becomes aware of any unauthorised use of all or any part of the demo versions, Customer shall notify Lumbrela promptly, providing reasonable details. Customer will remain responsible for any unauthorised use of the demo versions by any individuals employed by, acting as authorised agents of or performing services for Customer (including any of their respective service providers).
5. INTELLECTUAL PROPERTY RIGHTS
5.1. Customer acknowledges that Lumbrela is and will remain the sole and exclusive owner of all Intellectual Property Rights.
5.2. Nothing in this Agreement shall be construed as granting Lumbrela any right, title or interest in or to any Customer content or other content or information input into or processed using the demo version.
5.3 Lumbrela shall be the exclusive owner of all rights, title and interests, including all Intellectual Property Rights, in and to (i) demo version, (ii) any and all translations, adaptations, developments, enhancements, improvements, updates, versions, customizations or other modifications or derivations, and (iii) any suggestions, ideas, enhancement requests, feedback, or recommendations provided by or on behalf of Customer. In providing any customised report template or other customised work product deliverables in connection with its provision of services hereunder, Lumbrela does not and shall not be deemed to transfer to Customer any Intellectual Property Rights therein, whether as “work-for-hire” or otherwise, other than the right to use the same in accordance with this Agreement as part of the Demo Version. Customer hereby assigns, grants and conveys to Lumbrela all rights, title and interests in and to any and all such materials, effective upon their creation or communication. Customer will execute and deliver to Lumbrela such further assignments and take all such further actions as Lumbrela may reasonably request to effect or evidence the assignment to and vesting in Lumbrela of all such rights.
6.1. Use of demo version is granted to Customer starting from accepting these T&C, after which the Agreement is terminated by expiration.
6.2. For further use of Software please contact us directly.
7. GOVERNING LAW AND JURISDICTION
7.1. This Agreement is construed in accordance with the laws of the Republic of Croatia, without reference to its conflict of law provisions, and the obligations and rights of the parties hereunder are to be determined in accordance with such laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
7.2. You acknowledge and agree that any dispute related to the Agreement will be decided by the competent court in Rijeka, Croatia.
8. GENERAL PROVISIONS
8.1. Lumbrela may change or otherwise modify these T&C in the future in accordance with the terms and conditions laid herein, and you understand and agree that your continued access or use of the either Tickmark Audit Software or Tickmark Reporting Tool demo versions after such change signifies your acceptance of the updated or modified T&C.
8.2. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
8.4. These T&C are available in English.
8.5. You are not allowed to transfer any of your rights or obligations under this agreement to anyone else without our consent.
8.6. The headers are provided only to make these T&C easier to read and understand. The fact that we wrote these Terms will not affect the way the Agreement is interpreted.
Thank you for taking the time to learn about Tickmark T&C.