PLEASE READ THIS EU DATA PROCESSING ADDENDUM (“ADDENDUM”) CAREFULLY BEFORE USING THE WEBSITE, SOFTWARE OR SERVICES OFFERED BY MIXMAX, INC. (“MIXMAX” OR “PROCESSOR”). THIS ADDENDUM SHALL APPLY TO THE EXTENT MIXMAX IS A PROCESSOR OF PERSONAL DATA (DEFINED BELOW) THAT IS SUBJECT TO CERTAIN DATA PROTECTION LAWS (DEFINED BELOW). YOU OR THE ENTITY YOU REPRESENT AGREE THAT YOU HAVE READ AND ACCEPT THE TERMS IN THIS ADDENDUM, WHICH SUPPLEMENT MIXMAX’S TERMS OF SERVICE AVAILABLE AT HTTPS://MIXMAX.COM/TERMS (“TERMS OF SERVICE”). IF YOU ARE ACCESSING THE SERVICES ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS ON ITS BEHALF AND THE RIGHT TO BIND YOUR EMPLOYER THERETO. IF EITHER YOU OR YOUR EMPLOYER DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS ADDENDUM, YOU HAVE NO RIGHT TO USE MIXMAX’S SERVICES AND MUST NAVIGATE AWAY FROM THIS PAGE.
This Addendum (“Addendum”) supplements the Terms of Service whenever any user of Mixmax’s Services provides Mixmax with personal data that is or will be subject to Data Protection Laws. THIS ADDENDUM APPLIES ONLY TO THE EXTENT MIXMAX IS A PROCESSOR OF PERSONAL DATA (DEFINED BELOW) THAT IS SUBJECT TO CERTAIN DATA PROTECTION LAWS (DEFINED BELOW). Any terms not defined in this Addendum shall have the meaning set forth in the Terms of Service. In the event of a conflict between the terms and conditions of this Addendum and the Terms of Service, the terms and conditions of this Addendum shall supersede and control.
4.2 A list of Processor’s current Authorized Subcontractors (the “List”) is available at https://mixmax.com/legal/subprocessors, which may be updated by Processor from time to time. The List will provide a mechanism to subscribe to notifications of new Authorized Subcontractors and Controller agrees to subscribe to such notifications. At least ten (10) days before enabling any third party other than Authorized Subcontractors to access or participate in the Processing of Personal Data, Processor will add such third party to the List. Controller may object to such an engagement in writing within ten (10) days of receipt of the aforementioned notice by Controller.
4.2.1 If Controller reasonably objects to an engagement in accordance with Section 4.2, Processor shall provide Controller with a written description of commercially reasonable alternative(s), if any, to such engagement, including without limitation modification to the Services. If Processor, in its sole discretion, cannot provide any such alternative(s), or if Controller does not agree to any such alternative(s) if provided, Processor may terminate this Addendum. Termination shall not relieve Controller of any fees owed to Processor under the Terms of Service.
4.2.2 If Controller does not object to the engagement of a third party in accordance with Section 4.2 within ten (10) days of notice by Processor, that third party will be deemed an Authorized Subcontractor for the purposes of this Addendum.
4.3 Processor shall ensure that all Authorized Subcontractors have executed confidentiality agreements that prevent them from disclosing or otherwise Processing, both during and after their engagement by Processor, any Personal Data both during and after their engagement with Processor.
Nature and Purpose of Processing: Provision of Services to Controller pursuant to the Terms of Service.
Duration of Processing: For as long as Processor is providing the Services to Controller pursuant to the Terms of Service.
Categories of Data Subjects: Controller’s end-users and customers; Controller’s employees.
Type of Personal Data: Name, e-mail address, IP Address and associated location ID.
Controller acknowledges and agrees that the following entities shall be deemed Authorized Subcontractors that may Process Personal Data pursuant to this Addendum: