Last Modified:
January 25, 2024
Last Modified:
January 25, 2024
This Data Processing Addendum (hereinafter: “Addendum”) forms an integral part of the Terms of Service of Readymag Inc., a Delaware corporation operating under the laws of State of Delaware, having its registered office at 160 Greentree Drive, Suite 101, Dover, DE 19904 (hereinafter: “Data Processor”) accepted by its user (hereinafter: “Data Controller”) during the registration procedure on the website of the Data Processor (hereinafter: “Principal Agreement”) (Data Controller and Data Processor shall collectively be referred to as the: “Parties”).
This Data Processing Addendum (hereinafter: “Addendum”) forms an integral part of the Terms of Service of Readymag Inc., a Delaware corporation operating under the laws of State of Delaware, having its registered office at 160 Greentree Drive, Suite 101, Dover, DE 19904 (hereinafter: “Data Processor”) accepted by its user (hereinafter: “Data Controller”) during the registration procedure on the website of the Data Processor (hereinafter: “Principal Agreement”) (Data Controller and Data Processor shall collectively be referred to as the: “Parties”).
Data Processing Addendum
Preamble
In connection with the personal data collected from individuals located within the European Union (“EU”) member countries, in accordance with the Article 28 (Processor) of the General Data Protection Regulation 2016/679 of the European Union, the Parties decided to record in writing their rights and obligations regarding their data processing relationship.
The terms used in this Addendum shall have the meanings set forth in this Addendum. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Principal Agreement. Except as modified below, the terms of the Principal Agreement shall remain in full force and effect.
In consideration of the mutual obligations set out herein, the Parties hereby agree that the terms and conditions set out below shall be added as an amendment to the Principal Agreement. Except where the context requires otherwise, references in this Addendum to the Principal Agreement are to the Principal Agreement as amended by, and including, this Addendum.
Preamble
In connection with the personal data collected from individuals located within the European Union (“EU”) member countries, in accordance with the Article 28 (Processor) of the General Data Protection Regulation 2016/679 of the European Union, the Parties decided to record in writing their rights and obligations regarding their data processing relationship.
The terms used in this Addendum shall have the meanings set forth in this Addendum. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Principal Agreement. Except as modified below, the terms of the Principal Agreement shall remain in full force and effect.
In consideration of the mutual obligations set out herein, the Parties hereby agree that the terms and conditions set out below shall be added as an amendment to the Principal Agreement. Except where the context requires otherwise, references in this Addendum to the Principal Agreement are to the Principal Agreement as amended by, and including, this Addendum.
1. Definitions
1.1 In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
1.1.1 “Applicable Laws” means European Union or Member State of the European Union laws with respect to any Data Controller Personal Data in respect of which Data Controller is subject to EU Data Protection Laws;
1.1.2 “Contracted Processor” means Data Processor or a Subprocessor;
1.1.3 “Data Controller Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of Data Controller in connection with the Principal Agreement;
1.1.4 “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
1.1.5 “GDPR” means EU General Data Protection Regulation 2016/679;
1.1.6 “Services” means the services and other activities to be supplied to or carried out by or on behalf of Data Processor for Data Controller pursuant to the Principal Agreement;
1.1.7 “Subprocessor” means any person (including any third party, but excluding an employee of Data Processor or any of its sub-contractors) appointed by or on behalf of Data Processor to Process Personal Data in connection with the Principal Agreement.
1.2 The terms, “Data Subject”, “Personal Data”, “Personal Data Breach”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly (Extract of the GDPR – see Annex 2 to this Addendum).
1.3 The word “include” shall be construed to mean include without limitation, and cognate terms shall be construed accordingly.
1. Definitions
1.1 In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
1.1.1 “Applicable Laws” means European Union or Member State of the European Union laws with respect to any Data Controller Personal Data in respect of which Data Controller is subject to EU Data Protection Laws;
1.1.2 “Contracted Processor” means Data Processor or a Subprocessor;
1.1.3 “Data Controller Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of Data Controller in connection with the Principal Agreement;
1.1.4 “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
1.1.5 “GDPR” means EU General Data Protection Regulation 2016/679;
1.1.6 “Services” means the services and other activities to be supplied to or carried out by or on behalf of Data Processor for Data Controller pursuant to the Principal Agreement;
1.1.7 “Subprocessor” means any person (including any third party, but excluding an employee of Data Processor or any of its sub-contractors) appointed by or on behalf of Data Processor to Process Personal Data in connection with the Principal Agreement.
1.2 The terms, “Data Subject”, “Personal Data”, “Personal Data Breach”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly (Extract of the GDPR – see Annex 2 to this Addendum).
1.3 The word “include” shall be construed to mean include without limitation, and cognate terms shall be construed accordingly.
2. Processing of Data Controller Personal Data
2.1 Data Processor shall:
2.1.1 comply with all applicable Data Protection Laws in the Processing of Data Controller Personal Data; and
2.1.2 not process Data Controller Personal Data other than on the Data Controller’s documented instructions unless Processing is required by Applicable Laws to which the relevant Contracted Processor is subject, in which case Data Processor shall to the extent permitted by Applicable Laws inform the Data Controller of that legal requirement before the relevant Processing of that Personal Data.
2.2 Data Controller shall instruct Data Processor to:
2.2.1 process Data Controller Personal Data and
2.2.2 in particular, transfer Data Controller Personal Data to any country or territory, as reasonably necessary for the provision of the Services and consistent with the Principal Agreement.
2. Processing of Data Controller Personal Data
2.1 Data Processor shall:
2.1.1 comply with all applicable Data Protection Laws in the Processing of Data Controller Personal Data; and
2.1.2 not process Data Controller Personal Data other than on the Data Controller’s documented instructions unless Processing is required by Applicable Laws to which the relevant Contracted Processor is subject, in which case Data Processor shall to the extent permitted by Applicable Laws inform the Data Controller of that legal requirement before the relevant Processing of that Personal Data.
2.2 Data Controller shall instruct Data Processor to:
2.2.1 process Data Controller Personal Data and
2.2.2 in particular, transfer Data Controller Personal Data to any country or territory, as reasonably necessary for the provision of the Services and consistent with the Principal Agreement.