These Hidden Deployment Terms apply whenever an operator configures Orchard so that the Watcher runs without its system-tray icon (a "Hidden Deployment"). There are two ways to reach that state, and both are covered: configuring an enrollment key to hide the icon on the machines it enrolls, and turning the icon off for a client, which hides it on machines in that client that were already enrolled with it visible. They supplement the agreement that otherwise governs use of Orchard. Acceptance is required, and recorded, before either takes effect.
1. What a Hidden Deployment does
On each affected machine, the Watcher operates exactly as in a visible deployment, except that no system-tray icon is shown. It continuously records activity metadata (active application, window title, control names, idle time, hardware inventory, and network flow metadata — addresses, ports and connection counts, never payload contents); while a workflow recording is active it additionally captures the values entered into on-screen fields and clipboard text, except password-marked fields; a recording may be started remotely and may run without an on-screen indicator; approved automations may be replayed, visibly or on a hidden desktop; and, where live call transcription is enabled for your workspace, the Watcher may open a transcription session for a call on the machine — including on its own, when it detects one — and stream that call's audio for transcription. The Watcher does not capture screen pixels, raw keystrokes, password-marked fields, or file contents.
The only difference a Hidden Deployment introduces is the removal of the tray-icon disclosure. It changes what people using the machine are shown, not what is collected.
Turning the icon off for a client is retrospective. It applies to machines already running, on which the icon has been visible and on which the people using them have had that disclosure. Those people are given no notice that it has gone. Treat it as a more serious step than minting a hidden key, not a lesser one, and satisfy yourself that whatever notice you gave when those machines were enrolled did not depend on the icon being there.
2. Your authority and responsibility
By accepting these Terms and for each Hidden Deployment, you represent and warrant that:
- Authorization. You are authorized to install and operate monitoring software in a Hidden Deployment on each target machine — by ownership, written agreement with the machine's owner or the client, applicable workplace policy, or other lawful authority.
- Lawfulness. The Hidden Deployment, and all monitoring, recording, and automation it enables, is lawful under all applicable law in every jurisdiction where a machine or its users are located — including laws on electronic surveillance and interception, workplace monitoring, notice and consent, and data protection.
- Notice and consent. You have provided every notice and obtained every consent and authorization that applicable law, any employment or collective agreement, any works-council requirement, or the client's own policies require — or confirmed, on advice you are responsible for obtaining, that none is required.
- All-party consent jurisdictions. You have determined, for every jurisdiction in which a target machine or any of its users is located, whether the monitoring, recording, or transcription this deployment enables requires the consent of more than one party — including the consent of a person on the other end of a transcribed call, who may be in a different jurisdiction from the machine — and you have obtained every consent so required. Orchard does not determine and cannot verify this for you.
- Scope. The machines, the people, and the activity you are authorized to monitor in this configuration are no broader than the scope you record under Section 7. You will not enroll a machine with a hidden key, or hide the icon for a client, outside it.
- Client authorization. Where a machine belongs to or is used on behalf of a client, you have that client's authorization for the Hidden Deployment specifically, in addition to any general monitoring authorization already on file.
- Permitted purpose. You are using the Hidden Deployment for a legitimate business purpose, and not to facilitate stalking, harassment, intimate-partner surveillance, monitoring of a person on a device that person owns without a lawful right, or any other unlawful, tortious, or abusive purpose.
3. Orchard provides a configuration option, not advice
Orchard makes the visibility control available as a configuration option. Orchard does not advise, and nothing in the product or its documentation should be read to advise, that a Hidden Deployment is appropriate, necessary, or lawful in any particular circumstance. Selecting a Hidden Deployment is your independent decision, and as between you and Orchard you are solely responsible for that decision and its consequences, including compliance with applicable law and the provision of notices and consents.
4. Assumption of risk; liability
You knowingly assume the risks of a Hidden Deployment, including the risk that covert monitoring is restricted or prohibited in a relevant jurisdiction. To the maximum extent permitted by applicable law, Orchard and its affiliates and their personnel will have no liability arising out of or relating to a Hidden Deployment, including any claim by an end user, a client, a regulator, or any third party, and including the concealment of the Watcher's presence. This section is subject to, and read together with, the limitation of liability in the governing agreement.
5. Indemnification
You will defend, indemnify, and hold harmless Orchard and its affiliates and their personnel from any claim, demand, action, investigation, liability, damage, penalty, fine, or expense (including reasonable attorneys' fees) arising out of or relating to your Hidden Deployment, any breach of the representations in Section 2, or any monitoring, recording, or automation conducted via a Hidden Deployment.
6. No legal advice
Orchard is not a law firm and provides no legal advice. You are responsible for obtaining your own legal advice about Hidden Deployments in each relevant jurisdiction.
7. Record of acceptance and record of authority
What Orchard records. When you accept these Terms — to mint a hidden enrollment key, or to turn the icon off for a client — Orchard records the identity and email of the accepting person, the date and time, the version of these Terms accepted, the client and, where there is one, the enrollment key to which the acceptance relates, and the description of authorized scope you give under this Section. That record is retained as evidence of acceptance and of what you told Orchard you were authorized to do.
What you must state. At the time of the change, you will describe the scope it is authorized for: the machines or groups of machines affected, whose they are, the categories of people who use them, the basis of your authority (ownership, a written agreement, a workplace policy, a client instruction), and who at the client authorized it. A short, honest description is what is asked for; a description that is deliberately vague or inaccurate is a breach of Section 2.
What you must keep. You will retain, for as long as the deployment runs and for two years after, the underlying evidence of the authority and consents you represent in Section 2 — the client instruction, the policy, the notice, the works-council agreement — and will produce it to Orchard within ten business days of a written request. Orchard may suspend a hidden key where a request goes unanswered.
Why this is asked. Orchard is entitled to rely on what you state here, and it is the record that shows what Orchard knew about a deployment and when. It is not a substitute for your own compliance work, and Orchard does not review it for adequacy.
8. Re-affirmation
An acceptance covers the change it was given for. Orchard may ask you, at any time, to re-affirm the representations in Section 2 and to confirm or update the scope you recorded under Section 7 — and will ordinarily do so where a deployment has run for an extended period, where these Terms have changed, or where something about the deployment has. You will respond within ten business days. Orchard may suspend a hidden key where a request goes unanswered.
9. Versioning and governing law
Orchard may update these Terms; configuring a new Hidden Deployment, or re-affirming an existing one, after an update requires acceptance of the then-current version. These Terms are governed by the law and subject to the venue stated in the governing agreement, or, if none, the State of Delaware, USA.