Effective Date: May 25, 2018
This Data Processing Agreement has been entered into between Cleverguard Technology Co., LIMITED (“we”, “us”, “our”) as a data processor and you as the data controller.
This Data Processing Agreement applies to your use of this website and how we manage and protect any information you provide to us, and its terms are made a part of these Terms and Conditions by this reference. By using this website, you should be aware, acknowledge and agree that your Internet transmissions are never completely secure or private. You understand that information or message transfer between you and us may be read or intercepted by others.
WHAT PERSONAL INFORMATION WE ACCESS
When you purchase a product, you agree that we may gather a variety of information, which may include your name, billing address, email address and contact details.
iMyFone may retain information of your personal data until the consent to the processing may be revoked. iMyFone ensures that the transmission of personal data in the EU member states or states that are party to the Agreement on the European Economic Area shall take appropriate safeguards for the rights and legitimate interests of the individual concerned.
PROCESSING OF YOUR PERSONAL DATA
To the extent any of the data processed in relation to your use of this website constitutes personal data under the applicable laws, you hereby give iMyFone the right to process such data (and any other data, regardless of whether they constitute personal data or not) on your behalf with the aim of providing the Service in compliance with the Terms of Service and applicable law.
You accept that this Data Processing Agreement together with the Terms of Service forms the instructions in compliance with which any such data is processed, and that we will not be able to be subjected to any future instructions provided by you in connection to any personal or other data.
For the purpose of transparency, it is noted that in connection to the personal data processed as binding by this agreement, we act as the data processor and you act as the data controller.
We guarantee that we will process your personal data in a lawful way which will be in accordance with all applicable legislation in connection to the processing of personal data, which is inclusive of the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and that we will otherwise comply with the applicable legislation in relation to processing of personal data.
RESPONSIBILITIES OF THE DATA CONTROLLER
You acknowledge and accept that it is your sole responsibility to act in compliance with any and all the obligations of data controller as set out in applicable laws, including the GDPR, and that the Service is provided “as is” and “as available” in accordance with this Data Processing Agreement as well as the Terms and Conditions. You confirm that you will act in compliance with the applicable laws in relation to the processing of personal data, including the GDPR.
ASSISTANCE TO YOU AS THE DATA CONTROLLER
As your data processor, we shall provide you with any technical or organizational assistance as necessary for the fulfillment of your obligations as the data controller in relation to possible requests for enforcing the data subjects’ rights as detailed under the applicable law. Taking into consideration the nature of the Service, you further agree that we may not at any given time commit to providing such assistance.
In order to ensure your compliance with obligations in connection with the security of data processing, we will provide you with notifications assistance of personal data breaches to the overseeing authorities and communications to data subjects and data protection impact evaluation. We will ensure to provide notification and update service about any personal data breaches to you as regards your data as soon as possible and, where possible, at the latest 48 hours after having become aware of such personal data breach.
In consideration of the nature of data processing and the information made accessible to us as the data processor, you agree that we may be unable to assist you in matters like these.
CONFIDENTIALITY AND SECURITY
We confirm that our personnel involved in providing the Service to you have committed to a non-disclosure agreement with regard to personal data (if any) acquired and processed in connection with your use of this Service. Taking into consideration the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk involved in a variety of likelihoods and severity for the rights and freedoms of natural persons. We confirm that we have assumed such technical and organizational security measures which ensure a level of security appropriate to the risk.
As part of our services provided, you acknowledge and agree that we may engage the services of third parties including but not limited to other data processors in connection with the Service and that such third parties may be located, and your data may be accessed and processed, outside the European Economic Area (including e.g. in the United States) subject to applicable laws. If we transfer any personal data outside the European Economic Area, we guarantee that the personal data is transferred in compliance with the applicable law, for example, by using appropriate European Union Standard Contractual Clauses.
If we engage a third party processor for carrying out processing services on your behalf, we can ensure that the same data protection obligations as set out in this agreement, shall also apply to such sub-processor. If such sub-processor fails to fulfill its data protection obligations, we shall assume full liability for the performance of the sub-processors obligations. We shall keep you updated on any intended changes concerning the addition or replacement of sub-processors.
We may provide information regarding such third party data processors upon request, and always subject to our confidentiality obligations. If you do not approve our use of any third party processors, you are advised to stop using this website immediately.
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RETENTION OF YOUR DATA
We are under no obligation to store and we will not store any of your data made accessible to us after the termination of your account and/or subscription to our Service unless otherwise agreed or required under applicable law. We will erase or return all personal data related to your use of our service after the end of the provision of services relating to processing.
You may have the right, in compliance with applicable legislation only, to receive information necessary to show compliance with the obligations laid down in this Data Processing Agreement and applicable laws and, where and to the extent mandated under applicable law to do so. We may allow for, and contribute to, audits, including inspections, conducted by you in connection to personal data in relation to our Service provided to you only. The timing and other practicalities related to any such audit or inspection will be determined by us and any such information and assistance are provided exclusively at your cost and expense, and we reserve the right to charge you for any additional work or other costs incurred by us in connection with you taking advantage of such rights.
This Data Processing Agreement forms a part of the Terms and Conditions. In the event of any discrepancies relating to the processing of personal data this Data Processing Agreement and the Terms and Conditions, the provisions of this Data Processing Agreement shall prevail.
OUR RIGHTS TO VARY THE TERMS AND CONDITIONS
iMyFone reserves the right to amend, change, or to definitely in totality terminate the service provided through this website, and these Terms and Conditions at any time, and furthermore to change or delete the contents of the Site at any time without prior consent or notification to you.
iMyFone also reserves the right to refuse to provide the Site services to you at any time, particularly in the event that your use of the service is in contradiction to the content of these Terms and Conditions and the Data Processing Agreement, or if it conflicts with the business interest of iMyFone.
N.B. Please contact firstname.lastname@example.org if you need/would like a signed copy of this Data Processing Agreement.