GDPR Data Processing Addendum
The terms “controller”, “data subject”, “personal data”, “process,” “processing” and “processor” have the meanings given to these terms in EU Data Protection Law.
1.1 “Agreement” means the written or electronic agreement between Account Owner and Hike for the provision of the Services.
1.2 “Controller” means an entity that determines the purposes and means of the processing of Personal Data.
1.3 “Data Protection Law” means all data protection and privacy laws applicable to the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.
1.4 “Data Protection Law” means (i) prior to 25 May 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data (“Directive”); and (ii) on and after 25 May 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (“GDPR”).
1.5 “EU Model Clauses” means the standard contractual clauses for Processors as approved by the European Commission pursuant to Decision C (2010)593, as they may be amended or replaced from time to time.
1.6 “Personal Data” means any information relating to an identified or identifiable natural person as contained within Content as defined in the Agreement.
1.7 “Personal Data Breach” means a breach of security of the Services leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data.
1.8 “Processor” means an entity that processes Personal Data on behalf of a Controller.
1.9 “Services” means any Point of Sale, inventory management, loyalty management, supplier data management, customer data management using Hike web application, website or downloadable app offering provided by Hike to Customer pursuant to the Agreement.
1.10 “Sub-processor” means an entity engaged by Hike to process Your Controlled Data.
1.11 “GDPR” means the EU General Data Protection Regulation 2016/679.
1.12 “Content” means your User Content and any content provided to us from your Authorised Users, including without limitation text, photos, images, audio, video, and any other materials.
This Data Processing Addendum only applies from 25 May 2018 onwards and applies to you if you or your Authorized Users are data subjects located within the European Economic Area or Switzerland and only applies in respect of Your Controlled Data. You agree that Hike is not responsible for personal data that you have elected to process through Third Party Services or outside of the Services, including the systems of any other third-party integrated services, offline or on-premises storage.
3. Data Protection
3.1.1. As between Hike and Account Owner, Account Owner is the Data Controller of the Personal Data. Hike will Process the Personal Data as a Data Processor, only for the purpose of providing the Services in accordance with documented instructions from Account Owner, and as may subsequently be agreed to by you. If Hike is required by law to Process the Personal Data for any other purpose, Hike will provide you with prior notice of this requirement, unless Hike is prohibited by law from providing such notice;
- 3.1.2. Hike will notify you if, in Hike’s opinion, your instruction for the processing of Personal Data infringes applicable Data Protection Legislation;
- 3.1.3. Hike will notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to Hike’s Processing of the Personal Data;
- 3.1.4. Hike will 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;
- 3.1.5 Hike will provide you, upon request, with up-to-date attestations, reports or extracts thereof where available from a source charged with auditing Hike’s data protection practices (e.g. external auditors, internal audit, data protection auditors), or suitable certifications, to enable you to assess compliance with the terms of this Addendum;
- 3.1.6. Hike will notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;
- 3.1.7. Hike will ensure that its employees who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Account Owner Personal Data; and
- 3.1.8. upon termination of the Agreement, Hike will promptly initiate its purge process to delete or anonymize the Personal Data. If you request a copy of such Personal Data within 60 days of termination, Hike will provide you with a copy of such Personal Data.
3.2 In the course of providing the Services, you acknowledge and agree that Hike may use Sub-processors to Process the Personal Data. Hike’s use of any specific Sub-processor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between Hike and Sub-processor.
3.1 In the event of any conflict or inconsistency between the provisions of the Agreement 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 Agreement. You acknowledge and agree that Hike may amend this Addendum from time to time by posting the relevant amended and restated Addendum on Hike’s website, available at https://hikeup.com/terms-of-use/dpa and such amendments to the Addendum are effective as of the date of posting. Your continued use of the Services after the amended Addendum is posted to Hike’s website constitutes your 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 Service.
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 Addendum 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 the State of Victoria and the laws of Australia applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Victoria in Australia with respect to any dispute or claim arising out of or in connection with this Addendum.