Wynshop Data Processing Agreement (“DPA”)
1. Definitions
- “Data Protection Legislation” means European Union Regulation 2016/679 (the “GDPR”) or California Civil Code Section 1798.100-1798.199 (the “CCPA”), as applicable, and any applicable legislation or regulations implementing or made pursuant to it, or which amends or replaces any of it;
- “Data Processor,” “Data Controller,” “Data Subject,” “Processing,” “Subprocessor,” and “Supervisory Authority” shall be interpreted in accordance with the GDPR;
- “Service Provider” shall be interpreted in accordance with the CCPA;
- “Personal Data” means information that relates to or that could be reasonably associated with an identifiable or identified Data Subject who visits or engages in transactions through your use of the Wynshop System, which Wynshop Processes as a Data Processor or Service Provider in the course of providing you with the Wynshop services;
- “Data Subject Request” means a request for access, erasure, rectification, or portability of a Data Subject’s Personal Data; and
- All other capitalized terms in this DPA shall have the same definition as in the Agreement.
2. Data Protection
When Wynshop Processes Personal Data in the course of providing the services to you, Wynshop will:
- Process the Personal Data as a Data Processor and/or Service Provider, only for the purpose of providing the services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the services), and as may subsequently be agreed to by you. If Wynshop is required by law to Process the Personal Data for any other purpose, Wynshop will provide you with prior notice of this requirement, unless Wynshop is prohibited by law from providing such notice;
- notify you if, in Wynshop’s opinion, your instruction for the Processing of Personal Data infringes applicable Data Protection Legislation;
- notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Supervisory Authority relating to Wynshop’s Processing of the Personal Data;
- implement reasonable technical and organizational measures enabling you to execute Data Subject Requests that you are obligated to fulfill;
- 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;
- upon request, provide reasonable information to help the Data Subject complete the Data Subject’s data protection impact assessments;
- provide you, upon request, with up-to-date attestations, reports, or extracts, where available, from a source charged with auditing Wynshop’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 DPA;
- upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data to notify you as soon as commercially reasonable;
- ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Data Subject’s Personal Data; and
- upon termination of the Agreement, Wynshop 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, Wynshop will provide you with a copy of such Personal Data.
In the course of providing the Services, you acknowledge and agree that Wynshop may use Subprocessors to Process the Personal Data. Wynshop’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 Wynshop and Subprocessor that requires comparable protections to this DPA. If you object to the appointment of a Subprocessor you may terminate the Agreement in accordance with your Wynshop Agreement, if applicable.
3. Miscellaneous
- In the event of any conflict or inconsistency between the provisions of the Agreement and this DPA, the provisions of this DPA shall prevail. For avoidance of doubt and to the extent allowed by applicable law, any and all liability under this DPA, including limitations thereof, will be governed by the relevant provisions of the Agreement. You acknowledge and agree that Wynshop may amend this DPA from time to time by posting the relevant amended and restated DPA on Wynshop’s website, available at https://wynshop.com/dpa/, and such amendments to the DPA are effective as of the date of posting. Your continued use of the Wynshop System after the amended DPA is posted to Wynshop’s website constitutes your agreement to, and acceptance of, the amended DPA. If you do not agree to any changes to the DPA, do not continue to use the Wynshop System.
- Except as specifically modified and amended in this DPA, all of the terms, provisions and requirements contained in the Agreement shall remain in full force and effect and govern this DPA. If any provision of the DPA is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this DPA shall remain operative and binding on the parties.