Last revision: 20 August 2021
This Testimonial Data Processing Agreement, including its exhibits, (the “Agreement”) governs the Processing of Personal Data by Lonely Dev Inc having an address at 1416 Saratoga Ave, 404, San Jose, CA 95129, USA (the “Processor”). The Processor owns and operates the website https://testimonial.to, the related domain names, and software (collectively, “Testimonial”). This Agreement governs the Processing of Personal Data submitted by an individual user or an entity accessing and using Testimonial (the “Client”). The Processor and the Client are hereby collectively referred to as the “Parties” and each individually a “Party”.
The Agreement sets out rights and obligations of the Parties regarding the Processing of Personal Data, where the Processor acts in the capacity of the Data Processor and the Client acts in the capacity of the Data Controller. The Agreement is drafted in accordance with EU Standard Contractual Clauses (MODULE TWO: Transfer controller to processor) attached as Exhibit I of the Agreement.
By concluding the Agreement, the Client enters into this Agreement on behalf of itself and, to the extent required under applicable Data Protection Law, in the name and on behalf of its authorised affiliates, if and to the extent the Processor processes the Personal Data for which such authorised affiliates qualify as the Data Controller.
1.1.In this Agreement, the following definitions shall apply:
“Client’s Data“ shall mean the Personal Data processed through Testimonial of which the Client is the Data Controller.
“Contract” shall mean a service agreement concluded between the Parties governing the services provided through Testimonial.
“Data Controller” shall mean a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
“Data Protection Law” means the statutory data privacy and protection regulations applicable to the Client and the Processor protecting the fundamental rights and freedoms of persons with regard to data privacy and the Processing of the Client’s Data by the Processor.
“Data Subject” shall mean an identified or identifiable natural person 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.
“EU” shall mean European Union.
“GDPR” shall mean the Regulation (EU) 2016/679 (General Data Protection Regulation).
“Instruction” shall mean an instruction issued by the Client to the Processor and directing the Processor to perform a specific action with regard to the Processing of the Client’s Data in order to achieve compliance with the Data Protection Law.
“Personal Data” shall mean any information relating to an identified or identifiable natural person.
“Data Processor” shall mean a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Data Controller;
“Processing” shall mean any operation which is performed on Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Sub-processor” shall mean an entity that Processes Personal Data as a subcontractor of the Data Processor.