Last Updated: 1 December 2018
Use of the services provided by Aerofiler Inc. (“Aerofiler”) may involve sending personal data to Aerofiler, which is located in the United States.
This Data Processing Addendum (“DPA”) is only applies to you if you are located in the European Union (“EU”) or Switzerland, or your process personal data of individuals resident in the EU or Switzerland. If this DPA applies to you, then to the extent that Aerofiler processes Personal Data as your processor, the terms of this DPA supplement any agreement you have with Aerofiler under which Aerofiler provides you with services (“Services”), such as the Terms of Service located at https://www.aerofiler.com/terms (“Applicable Terms”).
If there is a conflict between this DPA and the Applicable Terms, this DPA will prevail with respect to that conflict.
Aerofiler and you agree as follows:
For the purposes of this DPA, the following terms have the following meanings:
“GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679).
“Controller”, “processor”, “data subject”, “personal data”, “personal data breach” and “processing” shall have the same meanings as in the GDPR and “processed” and “process” shall be interpreted in accordance with the definition of “processing”.
“Personal Data” means any personal data provided by you to Aerofiler in connection with your use of the Services under the Applicable Terms.
2.1. Aerofiler will:
2.2. You agree that Aerofiler may subcontract its data processing obligations under this DPA to a sub-processor, but only by way of a written agreement with the sub-processor which imposes obligations on the sub-processor no less onerous than as are imposed on Aerofiler under this DPA. Where the sub-processor fails to fulfil such obligations, Aerofiler shall remain fully liable to you for the performance of that sub-processor’s obligations. You hereby authorize Aerofiler to engage the Aerofiler Inc. (and its affiliates) and any entities listed on the Subprocessor List at https://www.aerofiler.com/legal/subprocessors as its sub-processors. Aerofiler shall notify you of any additional sub-processors by posting them at the foregoing URL. If you reasonably object to any such additional sub-processor, you may inform Aerofiler in writing of the reasons for your objections. If you object to such additional subprocessors and Aerofiler does not cease using them to process the Personal Data, you should stop using the Services and providing the Personal Data to Aerofiler.
2.3. Aerofiler will notify you without undue delay of the discovery by Aerofiler of any actual Personal Data Breach involving the Personal Data. Such notice shall include, at the time of notification or as soon as practicable after notification, a description of the nature of the breach, anticipated consequences of the breach and any actual or proposed remedies for mitigating the possible adverse effects of the breach.