Data Processing Agreement
Revision: v 1.4
Last updated: October 16, 2023
This Data Processing Agreement (“DPA”) is an addendum to the Master Subscription Agreement (“Agreement”) between HyperCurrent, Inc. (dba: “Revenium”) and the Customer. This DPA includes and incorporates by reference the annexes and addenda referenced at the bottom of this document. All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement. Customer enters into this DPA on behalf of itself and, to the extent required under Data Protection Laws, in the name and on behalf of its Authorized Affiliates (defined below).
Definitions
"Affiliate” means an entity that directly or indirectly Controls, is Controlled by, or is under common Control with an entity.
“Authorized Affiliate” means any of Customer Affiliate(s) permitted to or otherwise receiving the benefit of the Services pursuant to the Agreement.
“Control” means an ownership, voting, or similar interest representing fifty percent (50%) or more of the total interests than outstanding of the entity in question. The term “Controlled” shall be construed accordingly.
“Controller” means an entity that determines the purposes and means of the processing of Personal Data.
“Customer Data” means any data that Revenium and/or its Affiliates processes on behalf of Customer in the course of providing the Services under the Agreement.
“Data Protection Laws” means all data protection and privacy laws and regulations applicable to the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.
“EU Data Protection Law” means (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (“GDPR”); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (in each case, as may be amended, superseded or replaced).
“Personal Data” means any Customer Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under applicable Data Protection Law.
“Processor” means an entity that processes Personal Data on behalf of the Controller.
“Processing” has the meaning given to it in the GDPR and “process”, “processes” and “processed” shall be interpreted accordingly.
“Security Incident” means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Personal Data.
“Services” means any product or service provided by Revenium to Customer pursuant to and as more particularly described in the Agreement.
“Standard Contractual Clauses” means the standard contractual clauses issued pursuant to the European Commission Decision of February 5, 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC.
Scope and Applicability of this DPA
All content on this website—including text, graphics, logos, images, and software—is owned by us or our content providers and is protected under copyright, trademark, and other intellectual property laws. This content may only be used for personal, non-commercial purposes. Any other use, such as copying, modifying, distributing, transmitting, displaying, or selling, requires our prior written permission.
Links to Third-Party Websites
This website may contain links to third-party websites for your convenience. These links do not imply endorsement or approval by us of the third-party site or its content. We are not responsible for the content or practices of any linked website, and visiting such sites is at your own risk.
Limitation of Liability
We make no warranties, express or implied, regarding the operation of this website or the content, materials, or products featured. Your use of this website is at your own risk. To the fullest extent allowed by law, we disclaim all warranties, including implied warranties of merchantability and fitness for a specific purpose. We are not liable for any damages arising from the use of this website, including but not limited to direct, indirect, incidental, punitive, or consequential damages.
Indemnification
You agree to indemnify and hold harmless our company, its officers, directors, employees, agents, and affiliates from any claims, damages, liabilities, costs, and expenses (including legal fees) resulting from your use of this website or any violation of these Terms and Conditions.
Modifications to Terms
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your continued use of the website following any changes constitutes your acceptance of the revised terms.
Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of [insert jurisdiction]. Any disputes related to these terms will be resolved in the courts of [insert jurisdiction].