Data Transfer Agreement

This Data Transfer Agreement ("DTA") forms part of the Master Subscription Agreement unless You have entered into a superseding written agreement with Eventually.com, in which case, it forms part of such written agreement (in either case, the "Agreement").

By signing the Agreement, You (as such term is defined under the Agreement) agree to the terms and conditions of this DTA. All capitalized terms not defined herein shall have the meaning set forth in the Agreement.

This DTA will apply to the extent that Personal Data (as defined herein) is transferred between the parties acting as independent controllers in connection with the Agreement.

Definitions

"CCPA" means the California Consumer Privacy Act, Cal. Civ. Code§ 1798.100 et seq., and its implementing regulations. “Controller” means the entity which determines the purposes and means of the Processing of Personal Data.

Data Protection Laws and Regulations means all applicable laws and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom and the United States and its states, applicable to the Processing of Personal Data under the Agreement as amended from time to time.

Data Subject means the identified or identifiable person to whom Personal Data relates.

GDPR means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Personal Data means any information relating to (i) an identified or identifiable natural person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws and Regulations), where for each (i) or (ii), such data is Your Data.

Processing means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Processor means the Party which Processes Personal Data on behalf of the Controller, including as applicable any service provider as that term is defined by the CCPA.

Independent controllers

Each party acts as an independent Controller of Personal Data. The parties individually determine the purpose and means of Processing. Each party is responsible for processing Personal Data under the scope of this Addendum in accordance with the applicable Data Protection Laws and Regulations, including GDPR.

Responsibilities

The party that initially collects the Personal Data is responsible for providing the Data Subjects with the information required by the applicable Data Protection Laws and Regulations. It is the responsibility of each party to (a) process Personal Data falling under the scope of this Addendum in compliance with applicable Data Protection Laws and Regulations; (b) fulfill its obligations to respond to requests for exercising the Data Subjects' rights regarding the Processing of their Personal Data; (c) each party will implement appropriate technical and organizational measures to ensure an appropriate level of data security; (d) maintain a record of processing activities in accordance with applicable Data Protection Laws and Regulations, and (e) otherwise fulfill all of the requirements pertaining to Controllers established by the applicable Data Protection Laws and Regulations. The parties will assist each other to the extent reasonably appropriate in complying
With requests or complaints of Data Subjects or data protection supervisory authorities regarding compliance with the obligations under applicable Data Protection Laws and Regulations.

Indemnification

EACH PARTY SHALL INDEMNIFY THE OTHER AGAINST ANY AND ALL DAMAGES, CLAIMS, COSTS OR LIABILITIES ARISING FROM OR RELATING TO A PARTY'S BREACH OF THIS ADDENDUM.

Eventually.com You
BY: BY:
NAME (PRINTED): NAME (PRINTED):
TITLE: TITLE:
DATE: DATE: