Payemoji Data Processing Addendum
Last updated: Jan 11th, 2024
1. DEFINITIONS
1.1 “Data Protection Legislation” as used in this Addendum means the European Union Regulation 2016/679 (the “General Data Protection Regulation” or “GDPR”) and any legislation and/or regulation implementing or made pursuant to it, or which amends or replaces any of it, and any other applicable legislation;
1.2 “Data Processor”, “Data Controller”, “Data Subject”, “Subprocessor”, “Processing”, and “Supervisory Authority” shall be interpreted in accordance with the GDPR;
1.3 “Personal Data” as used in this Addendum means information that relates to, or could reasonably be linked with, to an identifiable or identified Data Subject who visits or engages in transactions through your eCommerce store (a “Customer”), or information which relates to, or could reasonably be linked with you, which Payemoji processes as a Data Processor or Service Provider while providing you with our Services.
1.4 “Data Subject Request” as used in this Addendum means a request for access, erasure, rectification, or portability of your or your Customer’s Personal Data; and
1.5 All other capitalized terms in this Addendum shall have the same definition as in the Agreement.
2. DATA PROTECTION
2.1 The Data Subject’s Personal Data will be Processed by Payemoji’s Irish entity (Message My Customer Ltd) or a designated affiliate. As part of providing the Services, this Personal Data may be transferred to other regions. Such transfers will be completed in compliance with relevant Data Protection Legislation.
2.2
When Payemoji Processes Personal Data in the course
of providing the Services, Payemoji
will:
2.2.1 Process the Personal Data as a Data Processor and/or Service Provider, only for the purpose of providing the Services;
2.2.2 Notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Supervisory Authority relating to Payemoji’s Processing of the Personal Data;
2.2.3 Implement reasonable measures enabling you to execute Data Subject Requests that you are obligated to fulfil; Implement and maintain appropriate 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; Implement reasonable measures enabling you to execute Data Subject Requests that you are obligated to fulfil; Implement and maintain appropriate 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;
2.2.4 Provide you, upon request, with up-to-date attestations, reports or extracts thereof where available from a source charged with auditing Payemoji’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;
2.2.5 Notify you without undue delay upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;
2.2.6 Ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Personal Data; and
2.2.7 Upon termination of the Agreement, Payemoji 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, Payemoji will provide you with a copy of such Personal Data.
2.3 In the course of providing the Services, you acknowledge and agree that Payemoiji may use Subprocessors to Process the Personal Data. Payemoji’s use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between Payemoji and Subprocessor that requires comparable protections to this Data Processing Addendum.
3. MISCELLANEOUS
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.
3.2 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.
3.3 You acknowledge and agree that Payemoji may amend this Addendum from time to time by posting the amended and restated Addendum here and such amendments to the Addendum are effective as of the date of posting.
3.4 Your continued use of the Services after the amended Addendum is posted to Payemoji’s website constitutes your agreement to, and acceptance of, the amended Addendum. If you do not agree to any changes to the Addendum, you may terminate this agreement in accordance with our Terms of Service.
3.5 Unless 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.
3.6 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.
3.7 The terms of this Addendum shall be governed by and interpreted in accordance with the laws of the Ireland, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Ireland with respect to any dispute or claim arising out of or in connection with this Addendum.