THIS DATA PROCESSING AGREEMENT (“Data Processing Agreement”) is entered into by and between Gravity Research and Development Zrt. (Company reg. no.: 08-10-001848; registered seat: Bálint Mihály str. 64., H – 9025 Győr, Hungary; postal address: 1113 Budapest, Villányi út. 40/b, Hungary; tax no: HU23841901; “Gravity” or „Data Processor”) and the company ordering Yuspify services via https://www.yuspify.com website („Data Controller”) (jointly referred to as „Parties” and separately as „Party”).
(A) This Data Processing Agreement complements the Gravity Terms of YUSP Service (“Service Agreement” available online at https://account.yusp.com/terms/) accepted by the Data Controller for the purpose of receiving Yuspify services (“Services”). The Parties amend the Service Agreement with this Data Processing Agreement in order to specify the provisions regarding the processing of Personal Data by the Data Processor.
(B) The purpose of this Data Processing Agreement is to provide the necessary data protection safeguards and to ensure that the processing of Personal Data is in compliance with the statutory obligations of the Data Controller and the Data Processor.
(C) If any provisions of this Data Processing Agreement are contrary to the provisions of the Service Agreement then the provisions of this Data Processing Agreement shall prevail. Capitalized definitions included but not defined in this Data Processing Agreement (if any) shall have the meaning specified by the Service Agreement.
breach of data security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
this Data Proceassing Agreement – including any of its future amendments – consisting of the conditions specified by the body text, its Annexes, Appendices, any attachments and documents becoming part of this Data Processing Agreement by explicit references;
a natural or legal person which processes personal data on behalf of the Data Controller;
a natural or legal person which alone or jointly with others, determines the purposes and means of processing personal data;
as defined in Section 10;
identified or identifiable natural person;
the economic area consisting of the territory of the member states of the European Union and the member states of the European Free Trade Association (Iceland, Liechtenstein and Norway) excluding Switzerland;
any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. Any expressions of this Data Processing Agreement referring to “to process” or “processed” shall be understood identically;
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
Laws applicable to the subject matter of this Data Processing Agreement especially but not limited to the GDPR;
Subcontractors defined by Annex No.1. and any other subcontractors approved by the Data Controller;
activities necessary (i) in order to fulfil the purpose of the Service Agreement or (ii) defined by the Data Controller in writing on a case-by-case basis;
Representatives of the Parties defined in Annex No.1.
means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
The Service Agreement concluded between the Parties regarding the services provided by the Data Processor to the Data Controller;
Services Services provided by the Data Processor pursuant to the Service Agreement.