This Data Processing Agreement is between you, the data controller, and iMyFone Technology Co. Ltd, the data processor. The data processor will be referred to as “Our”, “Us”, “We” throughout the agreement.
The agreement is applicable to the data controller’s use of our website and how iMyFone will manage and keep any data you provide safe. The terms of this website are made part of the terms and conditions outlined here by this reference. By continuing to use our website, you acknowledge and also agree that you are aware that transmissions that take place over the internet are never 100% private or secure. You understand that there is a possibility of the messages or information transfer occurring between iMyFone and you getting intercepted or read by third-party entities.
By purchasing one of our products, you give iMyFone consent to gather a variety of personal data. This data may include:
Your email address
Your Billing address
Your contact details
We may keep this personal data until if you revoke the data processing consent. We take all necessary precautions to safeguard both the legitimate interests and rights of any concerned individual during personal data transmission occurring in the EU member states or any other state that is a party to the European Economic Area agreement.
If the data provided to us in relation to your use of our website falls under the personal data category under the applicable laws, you provide us the right to process the data together with any other data you provide, irrespective of whether it can be considered to be personal or not. We will process this data on your behalf with the major aim of providing Service that is compliant to both applicable laws and the Terms of Service.
You accept that both the Terms of Service and this Data Processing Agreement have instructions that are compliant with any data we process. You also agree that you can’t subject us to any instructions you provide in the future in connection to both your personal and non-personal data.
For transparency purposes, in connection to the personal data we process and as bound by this Data Processing Agreement, you are the data controller while iMyFone acts as the data processor. iMyFone Guarantees that your personal data processing will be done in a legal way. This will be in accordance with any applicable legislation connected to personal data processing. We will comply with all the applicable legislation related to personal data processing including the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
You, as the data controller, you agree that you are responsible for complying with all obligations set out by the applicable laws for the data controller, including the GDPR. We provide our Service on an “as is” and “as available” basis in accordance with our Terms and Conditions and this Data Processing Agreement. By continuing to use this website, you are confirming that you are willing to comply with all applicable laws, including the GDPR, related to personal data processing.
We shall offer you any organizational or technical assistance as your data processor. We are willing to offer any necessary help you need to fulfill your obligations as the data controller. We will be happy to respond to any possible requests for enforcing data subject’s rights as detailed under the applicable legislation. You further agree, based on our service nature, we may not at any given time commit to offering such assistance.
To make sure that you comply with every obligation connected to data processing security, we will provide our data controllers (you) with notification assistance of any personal data breaches to the overseeing authorities. We will also provide assistance of communications to the data subjects and the data protection impact evaluation. We will always provide updates and notifications related to any personal data breaches to you as regards your personal data as soon as possible. Where possible, we will provide these notifications and updates within the first 48 hours after learning about a data breach.
Considering the nature of data processing we offer and the data you give us access to, you agree that we may not always have the ability to offer help in case a data breach occurs.
The personnel involved in offering the Service to our data controllers have already committed to a non-disclosure agreement. The agreement is with regard to your personal data (if any) acquired and also processed in relation to your use of our Service. We confirm that we have already assumed organizational and technical security measures that are capable of ensuring a level of security appropriate to any involved risk while taking into consideration the following:
The state of the art.
Costs of implementation.
The scope, nature, context, and processing purposes.
The risk involved in various likelihoods.
The severity of the freedoms and rights of natural persons.
As part of the services we offer, you agree and also acknowledge that iMyFone may use third-party services which include but are not limited to third-party data processors. Such third-party may be located outside the European Economic Area. This means that your data may be processed outside the European Economic Area (for example, in the US). The data processed outside the EU region will be subject to the applicable laws in the areas where it is processed. If we happen to transfer your personal data outside the European Economic Area, we confirm that the data will be transferred in compliance with the applicable legislation. For example, we will make use of the appropriate European Union Standard Contractual Clauses.
If we use a third-party party processor to process data on your behalf, we guarantee that the same data protection obligations set out in this agreement will apply for the third-party processor. If a sub-processor fails to fulfill any data protection obligations, iMyFone will assume full liability for sub-processor obligations performance. We will keep you updated on any changes we intend to make concerning replacement or addition of new sub-processors.
Upon request, we may provide third-party processor information. However, the information we provide or not provide shall be subject to our confidentiality obligations. If you do not approve of our use of third-party data processors, we advise you to cease using our website immediately.
Cookies make your browsing experience better and interesting. However, if you would like to stop us from storing cookies on your browser, you can disable cookies on this website. It is also possible to disable cookies on other websites.
If you need more help, we suggest consulting your web browser’s help section or reading more on the European Commission page.
If you terminate your subscription to our Service and/or your account, we won’t store any data you made accessible to us unless it is required under applicable law or otherwise agreed. We will return or erase all personal data related to your use of our Service after you have ended the provision of the processing services.
In compliance with any applicable law only, you may have the right to receive only the necessary information to show that we are complying with all the obligations listed in this agreement and applicable laws. You may receive the information only where applicable and to the applicable law mandated extent. iMyFone may allow for and also contribute to audits, including inspections, conducted by data controllers in relation to the Service provided to the specific data controller only. We will be responsible for determining the practicalities and the timing related to any inspection or audit. Information and assistance will be provided exclusively at your expense and cost. iMyFone reserves the right to charge you for any additional work or any costs we incur in connection to you taking advantage of the rights to conduct an inspection or audit.
This Data Processing Agreement is a part of our Terms and Conditions. In case of any discrepancies related to personal data processing, the Terms and Conditions, and this Data Processing Agreement, the provisions of this Data Processing Agreement will be given priority.
We reserve the right to alter, amend, or to definitely and in totality terminate these Terms and Conditions and the Service provided through our website at any time without your prior consent or notifying you. We reserve the right to delete or change the contents of this website at any time we deem fit.
We also reserve the right to not provide to you the website services at any time. This may happen if you use our service in contradiction to the content of our Terms and Conditions and the Data Processing Agreement. We may also refuse to provide our service to you if your use of our website conflicts with our business interest.
Please contact firstname.lastname@example.org if you would like or need a signed copy of this Data Processing Agreement.