Data Protection Addendum

Last updated Jan 15, 2023. 
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This Data Protection Addendum ("Addendum") is entered into by and between Omnify Inc, a company registered under the laws of the State of Delaware, having its principal place of business at [Address] ("Omnify"), and the customer entity that is a party to the Agreement as a Member (“Customer”). 

WHEREAS, Omnify operates a software platform, which may involve the processing of personal data of Users;

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Omnify and User agree as follows:

a. "Personal Data" means any information relating to an identified or identifiable natural person ("Data Subject") that is processed by Omnify in connection with the Agreement.

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

c. “Agreement” means Omnify’s Standard Terms of Service, or other written or electronic agreement, which govern the provision of the Service to Customer, as such terms or agreement may be updated from time to time.

a. Omnify shall act as a Data Processor and Customer shall act as a Data Controller with respect to the Personal Data processed under the Agreement.

b. Omnify shall process Personal Data only on documented instructions from Customer, unless required to do so by applicable law.

a. Omnify shall implement and maintain appropriate technical and organizational measures to ensure the security of Personal Data.

b. Omnify shall notify Customer without undue delay in the event of a Personal Data breach, providing all necessary information to assist Customer in fulfilling its data breach reporting obligations.

a. Omnify may engage sub-processors to assist in the processing of Personal Data. Omnify shall ensure that any sub-processor complies with the obligations set forth in this Addendum.

b. Omnify shall inform Customer in advance of any intended changes concerning the addition or replacement of sub-processors, giving Customer the opportunity to object to such changes.

a. Omnify shall assist Customer in fulfilling its obligations to respond to requests from Data Subjects exercising their rights under applicable data protection laws.

b. Users have the right to request access to, correction, or deletion of their Personal Data collected through the Omnify platform.

c. Users can exercise their rights by contacting Omnify at dpo@getomnify.com.

a. Omnify may transfer Personal Data collected through the Omnify website to third-party service providers for the purposes of website functionality and improvement.

b. Omnify shall ensure that any such transfers are in compliance with applicable data protection laws, including the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR).

Upon termination of the Agreement or upon Customer's request, Omnify shall, at Customer's choice, delete or return all Personal Data, unless otherwise required by applicable law.

This Addendum shall remain in effect as long as Omnify processes Personal Data on behalf of Customer pursuant to the Agreement.

This Addendum shall be governed by and construed in accordance with the laws of the State of Delaware.

If you have any questions or concerns regarding Data Protection Addendum and getomnify.com, please send us a detailed message to dpo@getomnify.com.

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