The Data Processing Addendum (Data Processing Agreement) is an addendum on the general Terms & Conditions between Infinity Mobile NV and the Business Client.
(a) "Data Protection Legislation" means European Directives 95/46/EC and 2002/58/EC, and any legislation and/or regulation implementing or made pursuant to them, or which amends or replaces any of them (including the General Data Protection Regulation, Regulation (EU) 2016/679);
(b) "Data Processor", "Data Subject", "Processor", "Processing", "Subprocessor", and "Supervisory Authority" shall be interpreted in accordance with applicable Data Protection Legislation;
(c) "Personal Data" as used in this Addendum means information relating to an identifiable or identified Data Subject who visits or engages in transactions through the Clients online (pop-up) shops (a "Customer/Consumer"), which Infinity Mobile processes as a Data Processor in the course of providing the Client with the Services.
2. Data Protection
2.1. Where a Data Subject is located in the European Economic Area, that Data Subject's Personal Data will be processed by Infinity Mobile NV. This Personal Data will not be transferred to other regions (eg. United States).
2.2. When Infinity Mobile processes Personal Data in the course of providing its Services, Infinity Mobile will:
2.2.1. Process the Personal Data as a Data Processor, only for the purpose of providing the Services in accordance with documented instructions from the Client, and as may subsequently be agreed to by the Client. If Infinity Mobile is required by law to process the Personal Data for any other purpose, Infinity Mobile will provide the Client with prior notice of this requirement, unless Infinity Mobile is prohibited by law from providing such notice;
2.2.2. notify the Client if the Clients instruction for the processing of Personal Data infringes applicable Data Protection Legislation;
2.2.3. notify the Client (to the extent permitted by law) upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to Infinity Mobile's Processing of the Personal Data;
2.2.4. implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;
2.2.5. notify the Client promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;
2.2.7. ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Personal Data; and
2.2.8. upon termination of the Agreement, Infinity Mobile will initiate its purge process to delete and/or anonymize the Personal Data. If the Client requests a copy of such Personal Data within 60 days of termination, Infinity Mobile will provide the Client with a copy of such Personal Data.
2.3 In the course of providing the Services, the Client acknowledges and agrees that Infinity Mobile may use Subprocessors to process the Personal Data. Infinity Mobile's use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between Infinity Mobile and Subprocessor.
We use following Subprocessors:
– Amazon Web Services – Cloud Service Provider
– Google – Cloud Service Provider
– Mailgun – Cloud Service Provider for sending out emails
– Sendgrid – Cloud Service Provider for sending out transactional emails
3.1 In the event of any conflict or inconsistency between the provisions of the Terms & Conditions and this Addendum, the provisions of this Addendum shall prevail. For avoidance of doubt and to the extent allowed by applicable law, any and all liability under this Addendum, including limitations thereof, will be governed by the relevant provisions of the Terms & Conditions. You acknowledge and agree that Infinity Mobile may amend this Addendum from time to time by posting the relevant amended and restated contract on Sayl's website, available at https://infinity-mobile.io/dpa and such amendments to the Addendum are effective as of the date of posting. The Clients continued use of the Services after the amended Addendum is posted to Infinity Mobile's website constitutes the Clients agreement to, and acceptance of, the amended Addendum. If you do not agree to any changes to the Addendum, do not continue to use the Services.
3.2 Save as specifically modified and amended in this Addendum, all of the terms, provisions and requirements contained in the Agreement shall remain in full force and effect and govern this Addendum. If any provision of the Addendum is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Contract shall remain operative and binding on the parties.
3.3 The terms of this Addendum shall be governed by and interpreted in accordance with the laws of Belgium, court of Ghent. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Ghent, Belgium.