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This Data Processing Agreement (“DPA”), is incorporated into the Terms of Service or other agreement (the “Agreement”) between) 13866777 Canada Inc. (“TheBizKit™”), and any user or subscriber of TheBizKit (“Subscriber,”) and, together with TheBizKit, collectively referred to as the “Parties”), sets forth the terms and conditions relating to the privacy, confidentiality, and security of Personal Data (as defined below) processed by TheBizKit™ on behalf of Subscriber in connection with providing the Services (as defined in the Agreement) pursuant to the Agreement.
1.1. For this DPA:
1.2. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement.
2. Processing of User Personal Data
3. Cross-Border Transfers of Personal Data
4. Confidentiality and Security
6. Data Subject Rights
User is responsible for responding to any Data Subject requests relating to User Personal Data (“Requests”). If TheBizKit™ receives any Requests during the term, TheBizKit™ will advise the Data Subject to submit the request directly to User, Brand, or the appropriate Controller. TheBizKit™ will provide User with self-service functionality or other reasonable assistance to permit User to respond to Requests.
7. Personal Data Breaches
Upon becoming aware of a Personal Data Breach affecting User Personal Data, TheBizKit™ will (i) promptly take measures designed to remediate the Personal Data Breach and (ii) notify User and/or Brand without undue delay. User is solely responsible for complying with Personal Data Breach notification requirements applicable to User. Through Brand, User may request that TheBizKit™ reasonably assist User’s efforts to notify Personal Data Breaches to the competent data protection authorities and/or affected Data Subjects, if User is required to do so under the Data Protection Laws. TheBizKit™ notice of or response to a Personal Data Breach under this Section 7 will not be an acknowledgement or admission by TheBizKit™ of any fault or liability with respect to the Personal Data Breach.
8. Data Protection Impact Assessment; Prior Consultation
Through Brand, User may request reasonable assistance from TheBizKit™ in connection with conducting data protection impact assessments and consultation with data protection authorities if User is required to engage in such activities under applicable Data Protection Laws, TheBizKit™ assistance is necessary, and the data protection impact assessment or consultation relate to the Processing by TheBizKit™ of User Personal Data.
9. Deletion of User Personal Data
User instructs TheBizKit™ to delete User Personal Data within 90 days of the termination of the Agreement and delete existing copies unless applicable law requires otherwise. The parties agree that the certification of deletion described the SCCs, if applicable, shall be provided only upon User’s written request. Notwithstanding the foregoing, TheBizKit™ may retain User Personal Data to the extent and for the period required by applicable laws provided that TheBizKit™ maintains the confidentiality of all such User Personal Data and Processes such User Personal Data only as necessary for the purpose(s) specified in the applicable laws requiring its storage.
Through Brand, User may audit TheBizKit™ compliance with its obligations under this DPA up to once per year. TheBizKit™ will contribute to such audits by providing Brand with the information and assistance reasonably necessary to conduct the audit as described in TheBizKit™ agreements with Brand.
11. Analytics Data
User acknowledges and agrees that TheBizKit™ may create and derive from Processing related to the Service anonymized and/or aggregated data that does not identify or relate to User or any Data Subject (“Analytics Data”), and use such Analytics Data to improve the Service.
13. General Provisions
With regard to the subject matter of this DPA, in the event of inconsistencies between the provisions of this DPA and the Agreement, the provisions of this DPA shall prevail. In the event of inconsistencies between the DPA and the SCCs, the SCCs will prevail.
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