PRO Terms - Food Diary See How You Eat App

See How You Eat PRO – Terms of Service

Customer orders the Service from Health Revolution Oy Ltd (“Supplier“), business ID 2508850-4, through Supplier’s website or otherwise in writing (email sufficient). By ordering, using, or accessing the Service, Customer accepts these Terms of Service (“Terms”), the prices, DPA and enters in a legally binding Agreement with Supplier for the Service.

Definitions

The following capitalized terms shall have the meaning described below.

“Agreement” means the service agreement regarding the Service Supplier provides to the Customer, these Terms as well as the DPA, as possibly amended from time-to-time.
“Customer” means the company, other entity, or independent entrepreneur that has entered into the Agreement for the Service with Supplier in order to provide the Service to its End Customers.
“Coach” means a Customer’s employee, consultant or other contractor who uses the Service for the benefit of his/her End Customers.
“Customer Material” means all information and materials that the Customer, Coach or End Customer has uploaded or otherwise sent to the Service or that is transferred or processed in the Service. For clarity, if Customer uses the additional service to get its own homepage inside the Supplier’s app, the content of such homepage is also regarded as Customer Material.
“DPA” means the personal data processing agreement referred to in Section 5.1 of these Terms and enclosed as Appendix 1.
“End Customer” means a natural person who is a customer of the Customer, to whom the Service has been provided by the Customer.
“Intellectual Property Rights” means all copyrights (including the right to modify and assign such copyright), patents, utility models, designs, trademarks, logos, domain names, inventions, improvements, trade secrets, know-how and all other intellectual property rights (including any applications or rights to the foregoing).
“Party” and “Parties” means Supplier and Customer, separately or collectively.
“Service” means the Supplier photo food diary software service (as defined in the Supplier website (https://seehowyoueat.com/pro/), as amended from time-to-time), which is made available to Customer via data network to an access point defined by Supplier, including upgrades, updates, and customer support.
General obligations
1. Supplier shall perform commercially reasonable efforts to provide the Service in accordance with the Agreement. However, Supplier does not warrant that the Service will always be available or error-free.
2. Supplier’s ability to supply the Service depends on the Customer performing its own obligations under the Agreement and providing Supplier with the necessary and up-to-date information Supplier needs to supply the Service. It is the Customer’s responsibility to obtain equipment and software necessary for the use of the Service and to keep them maintained and up to date.
3. Customer shall be responsible for ensuring that the Service fulfils Customer’s intended purpose. Supplier specifically excludes any liabilities and warranty for a particular purpose.
4. Customer understands and agrees that the Service is not designed to be a medical device nor a patient data or health data system or a patient register or a part thereof. No information, text, images, video clips or other content provided through the Service should be understood as medical advice or diagnosis. Customer understands and agrees that the nature of the Service is to act as a supportive tool. Customer is responsible for ensuring that it has the legal right to use the Service for the intended purpose and that it has legal grounds to process the personal data of its End Customers and Coaches in the Service as required by the EU General Data Protection Regulation (“GDPR”) and other Data Protection Legislation (as defined in the DPA) and privacy laws.
5. Customer is solely responsible and bears all risks for the services, information, advice and other input it provides to the End Customers or Coaches, even if such information, advice or other input is based on the Service or the use of the Service.
6. End Customers and Coaches using the photo food diary app are obliged to accept and comply with the terms of use of the app. The current version of the app’s terms of use is available at https://seehowyoueat.com/terms/ and Supplier has the right to amend and modify the terms from time-to-time.
Right to use the Service
1. During the validity of the Agreement and provided that the Customer has paid the agreed service fees, the Customer has a non-exclusive, non-transferable right to use the Service for Customer´s own internal operations through the access point defined by Supplier and to make the Service available to the Coaches and the agreed number of End Customers. The Customer is responsible for the performance and acts of its Coaches and End Customers.
2. Supplier may continually make version updates, software updates, improvements, changes or additions to functionality, or correct errors or omissions related to the Service and update the Supplier documentation. Additional features or functionalities may also be available only at extra charge as add-on services.
3. Supplier will notify the Customer’s contact person of matters concerning the Customer by e-mail or through the Service. General information about Supplier or Service are provided at the Supplier website.
4. The Customer is not allowed to sub-license, sell, transfer, or otherwise make the Service available to any other parties than the Customer’s own Coaches and End Customers. The Customer shall be solely responsible for the acts and omissions of its End Customers and Coaches.
5. The Customer, Coaches and End Customers may not: (a) copy, translate, disassemble, reverse engineer or otherwise modify the Service or any part thereof; (b) provide content or information on or through the Service that is unlawful, offensive, harmful, defamatory or invasive of privacy; (c) infringe the Intellectual Property Rights or privacy rights of third parties; (d) disrupt Supplier’s software, Supplier’s or third-party systems used to maintain and provide the Service, or other hardware or networks connected to the Service; (e) use the Service in the operations of a service bureau, outsourcing or time-sharing service; (f) circumvent or disclose authentication or security features related to the Service, its maintenance, connections or accounts; (g) obtain access to the Service for the purpose of developing a competing product or service or copying the features or user interface of the Service; or (h) use the Service in a manner that violates applicable laws or other regulation.
6. If the Customer’s use of the Service is likely to cause harm to Supplier, other Customers, or the Service itself, Supplier may suspend the Customer’s use of the Service without any liability to the Customer.
Collection and use of information
1. In order to provide and improve its Service and functions, to analyse usage and traffic, to detect and prevent security threats, and to perform maintenance, Supplier may collect, store and analyse data on an aggregated level or otherwise anonymized. For the avoidance of doubt, Supplier does not collect, store or analyse the personal data of End Customers beyond what is permitted for providing the Service and in accordance with the applicable DPA.
2. For clarity, Supplier may send emails, push notifications or other notifications directly to the End Customers and Coaches regarding technical and Service-related matters.
Processing of personal data
1. To the extent that the providing of Supplier’s Services involves the processing of personal data on behalf of the Customer, the Customer is the controller of the personal data and Supplier is the processor (as defined in Regulation (EU) 2016/679 of the European Parliament and of the Council). The terms and conditions applicable to the processing of personal data by Supplier on behalf of the Customer are set out in the DPA enclosed as Appendix 1.
2. Customer shall comply with any Data Protection Legislation, privacy laws and data security legislation applicable to it in its home country or otherwise, in addition to which it shall ensure for its own part that the processing of personal data covered by the Agreement is lawful under the DPA.
Subcontractors
1. Considering the applicable terms of the Personal Data Processing Agreement, Supplier may use subcontractors to perform the Service and to carry out its obligations. Supplier is responsible for the activities of its subcontractors as if they were its own.
Customer data
1. All Customer Material of the Customer shall remain the property of the Customer and/or its End Customer or other legal owner of the material.
2. Customer hereby grants to Supplier a non-exclusive, royalty-free, fully paid-up, worldwide right and license to use the Customer Material for the purposes of providing the Service and as agreed in this Agreement. Customer represents and warrants that it owns the Customer Material or otherwise has the right to grant the rights and licenses as required for the purposes of this Agreement.
3. Customer shall be liable and agree to indemnify and hold Supplier, its subcontractors and employees harmless from and against all claims, liabilities, damages, losses and expenses (including reasonable attorney’s fees) arising out or relating to Customer’s breach or alleged breach of this Agreement, Customer’s use of the Service, Customer Material, or any violation by Customer of any third party rights, including any third party Intellectual Property Rights or privacy rights.
4. Supplier has no obligation to monitor, edit or review any Customer Material, but it reserves the right to remove any Customer Material at its discretion without prior notification. All Customer Material is in the sole responsibility and liability of Customer.
Intellectual Property Rights
1. All Intellectual Property Rights (including the right to modify and assign copyrights) to the Supplier Service and the working methods, configurations and processes used by Supplier, as well as to the Service documentation, software modules and results generated in providing the Service and any changes thereto (including any changes ordered and paid by a Customer or Coach), belong solely to Supplier or its licensors. The Customer, Coach and End Customer will, under no circumstances, acquire any Intellectual Property Rights in the Service, results of the Service, software or technical solutions included in the Service, or in any Supplier trademarks or other emblems used by Supplier or belonging to Supplier or its licensors.
Fees and payment terms
1. Service fees will be charged in accordance with the Agreement or otherwise in accordance with Supplier’s current price list. Unless otherwise agreed, Supplier will charge fixed recurring fees in advance. Other fees (if any), e.g., transaction-based fees, time-based charges, costs for travel time, expenses and daily allowances shall be invoiced monthly afterwards.
2. All prices are exclusive of VAT and any other taxes. The payments are made immediately by credit card or other available payment methods. If any fees are invoiced, the payment term is 14 days net from the date of the invoice. Interest on overdue payments shall accrue at the rate of 1.25 percent per month. In addition, Supplier has the right to suspend the Service or terminate the Agreement, in whole or in part, if the Customer has not paid all overdue fees within 30 days of Supplier’s written payment reminder. If the Agreement is terminated on the basis of this Section, Supplier is entitled to compensation for the damage incurred.
3. Customer agrees to pay the fees and invoices in full without any deductions or set-offs.
4. All invoiced fees and all payments made in accordance with this Agreement are non-refundable. For clarity, in the event of early termination during a subscription period, Customer shall not be entitled to a refund of any prepaid fees.
5. Customer may upgrade its version of the Service at any time during a subscription period. Supplier shall promptly charge any applicable prices from Customer resulting from such upgrade. Downgrades of the Service shall enter into force after the expiry of the subscription period during which the downgrade was made.
6. Supplier has the right to change the prices of the Service by notifying the Customer in writing at least 30 days before the effective date of the change or as soon as possible if the change is caused by changes in the applicable laws or regulations. The Customer has the right to terminate the Agreement in writing to end on the effective date of the price change. The price change has no effect on the billing periods commenced before the effective date.
Confidentiality
1. 10.1.”Confidential information” means technical, economic, commercial or other information relating to a Party’s business, whether or not in written form, with the exception of information:

which is publicly available or otherwise public or becomes public except in breach of a Party’s obligation of confidentiality under this Agreement;
which was demonstrably in the possession of the receiving Party without any obligation of confidentiality prior to the Party in question receiving it from the other Party;
received by a Party from a third party that is not bound by a confidentiality obligation; or
which the receiving Party must disclose by law or order from public authorities or in connection with a public stock exchange listing.

Each Party agrees to use or disclose Confidential Information of the other Party only to the extent necessary to fulfil its obligations under this Agreement. Receiving Party shall be responsible for ensuring that its employees, consultants, and contractors to whom the Confidential Information is disclosed, for their part comply with the confidentiality obligations of this Agreement. Each Party shall ensure that Confidential Information of the other Party is handled with at least the same level of security and confidentiality as its own Confidential Information.
Party will ensure that its employees and subcontractors do not disclose or use Confidential Information in violation of the terms of this Agreement.
The rights and obligations under this Section 9 shall survive any termination, expiration or cancellation of this Agreement. Unless otherwise agreed in writing or required by applicable laws, these rights and obligations shall expire five (5) years after the termination of the Agreement. In addition, with respect to trade secrets of the other Party, each Party agrees to respect its confidentiality obligations for so long as the information remains a trade secret.

Backup copies and data security
1. 11.1.Supplier shall be responsible for making daily backup copies of Customer Data and for maintaining the backup copies in a suitable manner in conformity with reasonable industry standards. Supplier’s liability for loss of data and restoration thereof is limited to reconstructing data caused by its default back to the last available backup. Restoring data from backup copies requires a written request of Customer’s contact person. Supplier has the right to charge a fee for restoring of data in accordance with its price list in force at the time of request, unless the loss of data was due to negligence by Supplier.
2. 11.2.Customer and Supplier shall each be responsible for taking care of the data security with respect to their respective information systems. Neither Party shall be responsible for the data security or interruptions of any general data communication network, nor for any other factors outside of their control nor for any damage caused by such factors.
3. 11.3.Customer manages passwords connected to its Coaches and shall ensure the use of sufficiently strong passwords. Customer shall keep and cause its Coaches to keep all user IDs, passwords, and any details regarding access to the Service secret at all times and not disclose them to any third party except to the extent allowed under the Agreement. Customer shall at all times be and remain fully responsible for the access to the Service by its Coaches and other users. Customer shall inform Supplier immediately, if any user ID or password have been revealed to any unauthorized third party or if Customer has a reason to suspect misuse of any such user ID or password. Customer shall change and shall cause its users to change the password required for the access to the Service upon written request of Supplier, if deemed necessary by Supplier due to a data security risk concerning the Service or otherwise.
4. 11.4.Each Party shall notify the other Party without delay of any significant data security issues affecting the Services, after which each Party is for its own part responsible for taking immediate actions to remove the same.
Limitation of liability
1. 12.1.Under no circumstances shall Supplier be liable for any indirect or consequential damages, such as loss of data, production, turnover or profit, cover purchase, claims by third parties, or administrative sanctions. However, if the loss or corruption of data is caused by negligence in complying with agreed backup policies or security measures, the direct costs of repairing or restoring the data to the last available backup will be considered direct damage.
2. 12.2.In any case, the maximum amount of liability of Supplier under this Agreement, including any price reductions and refunds, may not exceed the price actually paid by Customer for the Services for 3 months immediately preceding the claim. The limitations of liability in accordance with this Section shall not apply to damage caused by breach of confidentiality obligations, or intentionally or by gross negligence or resulting from Customer’s infringement of the Intellectual Property Rights of Supplier.
3. 12.3. Party shall not be liable for any delay or failure to perform due to circumstances, beyond the Party’s reasonable control, which the Party could not have foreseen, avoided or overcome. Such circumstances include, but are not limited to, earthquakes, riots, industrial action, denial-of-service attacks, computer viruses, interruptions in public data transmission networks, pandemics, changes in legislation, decisions of state or authorities, and other events beyond the reasonable control of Supplier or the Customer. A Party shall immediately notify the other Party of any circumstances it encounters that prevents performance as well as when such circumstances cease to exist. If the fulfilment of a Party’s essential obligations is prevented for more than 3 months, either Party may terminate the Agreement without any liability.
4. 12.4.For the avoidance of doubt, Supplier is not liable for the operation of the Internet (e.g., disruptions and interruptions in data communications) nor for any acts or omissions of the Customer, Coaches, End Customers or third parties.
Warranty disclaimer
1. 13.1.SUPPLIER PROVIDES THE SERVICES ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND SUPPLIER EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, RELATING TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUPPLIER MAKES NO REPRESENTATION OR WARRANTY THAT SERVICES ARE UNINTERRUPTED OR ERROR-FREE OR THAT DATA IS ACCURATE, COMPLETE OR RELIABLE. CUSTOMER SHALL BE RESPONSIBLE FOR IDENTIFYING AND ASSESSING THE RISKS RELATED TO ITS BUSINESS AND ACTIVITIES AND ANY RELATED SCENARIOUS, CONSEQUENCES AND REQUIRED ACTIONS.
Term and termination of the Agreement
1. 14.1.The Agreement shall enter into force once the Customer has ordered or started to use the Services (whichever is the earliest). The Agreement shall remain in force for the fixed subscription period specified in the Agreement (or in Customer’s order), whereafter the Agreement shall automatically renew for additional subscription period of equal length at the list price in effect at the time of renewal, unless either Party has given notice of termination thirty (30) days prior to the expiry of the ongoing subscription period.
2. 14.2.Either Party may terminate the Agreement with immediate effect if the other Party:

is in material breach of its obligations under the Agreement and has not remedied its breach within 45 days of receiving a written notice of the breach from the other Party; or
is insolvent, is declared bankrupt or is in liquidation, or there is other reason to believe that a Party will not be able to meet its financial obligations under the Agreement.
When the Agreement ends for any reason, Customer’s access to the Service and to the Customer Data ends at the same time. Unless otherwise agreed, Supplier will remove the Customer Material after 180 days of the end of the Agreement.

Reference right
1. 15.1.Supplier may use the Customer’s name and logo for reference purposes in Supplier’s sales and marketing materials (including website) after implementation of the Service.
Third party sites or materials
1. 16.1.The Service or communications Customer, Coaches or End Customers may receive from the Service may contain links to third party web sites or features. The Service may also include third-party content not controlled, maintained or endorsed by Supplier. Customer expressly acknowledges and agrees that Supplier is not in any way responsible for the content, features, products or services offered by such third parties. In addition, any such third party sites and/or content on such sites may be subject to separate terms of use and/or privacy policies, which Supplier is not responsible and recommends Customer to review.
Entire Agreement and Amendments
1. 17.1.The Agreement and any appendices thereto constitute the entire agreement between the Parties with respect to the subject matter of the Agreement. All written and oral commitments made prior to the conclusion of the Agreement with respect to the subject matter of the Agreement shall be replaced in full by this Agreement.
2. 17.2.Supplier has the right to amend the Agreement, including these Terms and the DPA, by notifying the Customer in writing at least 60 days before the effective date of the amendment. In this case, The Customer has the right to terminate the Agreement in writing to end on the effective date of the amendment.
Transfer
1. 18.1.Neither Party shall have the right to transfer its rights and obligations under the Agreement without the written consent of the other Party. However, Supplier is entitled to assign its receivables to a third party, and the Agreement to its affiliate or in connection with a merger or acquisition procedure.
Time limits for claims
1. 19.1.If the Customer wishes to make claims based on a defect of the Service, the Customer shall, to retain its right to make a claim, submit a written notice of the defect within 30 days after the Customer detected or should reasonably have detected the defect. In any case, claims must be made no later than 6 months after the termination of the Agreement.
2. 19.2.If a Party wishes to bring an action against the other Party under this Agreement, it shall, in order to retain its rights, bring an action within one year of the date on which the first notice of the breach of Agreement has been issued to the other Party.
Applicable law and dispute resolution
1. 20.1.This Agreement shall be governed by and construed in accordance with the laws of Finland, excluding its conflict of law provisions.
2. 20.2.Any disputes arising from this Agreement shall be finally resolved by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The arbitral tribunal shall have a single member. The language of the arbitration is English. The place of arbitration shall be Helsinki, Finland.
3. 20.3.Proceedings initiated under this arbitration clause shall be confidential. Confidentiality also applies to information revealed during the proceedings and to decisions and judgments resulting from the outcome of the proceedings. Confidential information may not be disclosed to third parties in any form without the written consent of the other Party. However, this does not prevent a Party from disclosing information in order to defend itself in the best possible way in the course of the proceedings or if it is obliged to disclose information by law or order from public authorities or in connection with a public stock exchange listing or for a similar reason.
4. 20.4.If this Agreement is transferred to a third party, that party will automatically be bound by this arbitration clause.
5. 20.5.However, notwithstanding the arbitration clause, Supplier has the right to collect a monetary receivable in a general court or with the help of a debt collection authority, if the Customer has not objected in writing to its payment obligation within 30 days from the date of the invoice.

APPENDIX 1 – PERSONAL DATA PROCESSING AGREEMENT (DPA)

Scope of Application
1. This personal data processing agreement (“DPA”) shall apply when Supplier processes personal data on behalf of Customer under the Agreement.
Specification of Data Processing
1. For the purposes of provision of the Services under the Agreement, Customer is the data controller, and Supplier is the data processor. The personal data processed may include the following categories of personal data of the Customer’s End Customers and Coaches: name, contact details, diary photos, chat conversations as well as other use data.
Definitions
1. The definitions used in the Agreement document are applied. In addition, the following terms shall have the meanings set forth below (unless and to the extent the context otherwise requires): (i) “Data Protection Legislation” shall mean the data protection or privacy laws and regulations in force from time to time, including applicable national and EU legislation in force from time to time. Data Protection Legislation may refer to, inter alia, the Finnish Data Protection Act (1050/2018) and/or the Data Protection Regulation (as defined below); and (ii) personal data, processing, controller, processor and data subject each shall have the same meaning as in 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 (Data Protection Regulation).
General Rights and Responsibilities
1. As the controller, Customer is reliable for ensuring that it has the required rights and permissions to process personal data and that the processing of personal data is and will continue to be carried out in accordance with the applicable laws and Data Protection Legislation. Customer is responsible for compiling data protection notices and making them available, and also for providing information for the data subjects and making notifications to the authorities as required.
2. Customer shall have a right to give instructions to Supplier on the processing of personal data. Such instructions shall be in accordance with applicable laws, regulations and Data Protection Legislation and will become binding towards Supplier upon their written acceptance by Supplier. Should Supplier’s performance of instructions require any measures exceeding the obligations set out in the Agreement, the fulfilment of such instructions may be subject to separate fees by Supplier.
3. When processing personal data on behalf of Customer for the purpose of providing the Services, Supplier shall: (i) process personal data solely in accordance with the documented instructions of Customer; unless otherwise required by laws applicable to the data processor, in which case Supplier, to the extent provided by applicable laws, will prior to such processing inform Customer of such requirement; (ii) insofar as this is possible and taking into account the nature of the processing and the information available to Supplier, assist Customer with appropriate technical and organizational measures in responding to requests for exercising the data subjects’ rights and in fulfilling Customer’s mandatory obligations under the Data Protection Regulation regarding data security, data breach notifications and data protection impact assessments (however, Supplier is obliged to assist Customer only to the extent Customer is unable to fulfil the respective obligations without Supplier’s assistance); and (iii) ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. To the extent it is necessary to demonstrate Supplier’s compliance with its obligations laid down in this DPA for processing of personal data, Supplier shall (iv) upon request make available to Customer documentation on Supplier’s data processing activities, and (v) upon separate agreement allow for audits by Customer or an independent third-party auditor mandated by Customer. Any audit or inspection shall be carried out upon reasonable notice, at Customer’s expense, in an efficient manner without unnecessary disturbance to Supplier’s daily operations, and in a way that respects Supplier’s confidentiality obligations towards other customers and/or third parties. Supplier may also provide Customer with an audit report by a third-party auditor and where available audit reports concerning its audits of subcontractor(s).
4. Supplier shall have the right to invoice the work resulting from the assistance required by Customer under subsections (ii), (iv) and (v) of Section 4.3 above in accordance with its prevailing prices.
Data Security
1. Supplier shall implement and maintain appropriate organizational and technical measures to protect personal data against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure or access. The present technical and organizational measures are described in a security description, which can be provided to Customer upon request.
2. If Supplier becomes aware of a personal data breach affecting the personal data processed on behalf of Customer, Supplier shall notify Customer of the personal data breach without undue delay.
Use of Third Parties in Data Processing
1. Where Supplier subcontracts its tasks related to personal data processing, Supplier shall enter into a written agreement with each sub-processor. Such written agreement shall impose similar obligations on the sub-processor as are imposed on Supplier under these terms and conditions for processing of personal data.
2. The present sub-processors used by Supplier are (i) Amazon Web Services, Inc., hosting services, data location EU; (ii) Sendinblue (Brevo), messaging services, data location USA, Canada and India and (iii) Firebase, Inc., backend cloud, quality monitoring and in-app messaging, data location USA. Supplier shall inform Customer of the changes concerning its sub-processors, including the identity and location of new or replaced sub-processors. In case Customer objects to the use of a specific sub-processor, Customer shall notify Supplier in writing (including e-mail) within thirty (30) calendar days after receipt of Supplier’s notice. Supplier will then use reasonable efforts to change the affected Services or to recommend a commercially reasonable change to Customer’s use of the affected Services to avoid the processing of personal data by the relevant sub-processor. If Supplier is unable to make available or propose such change within sixty (60) calendar days, either Party may as sole and final remedy terminate those Services which cannot be provided by Supplier without the use of the relevant sub-processor with immediate effect or upon reasonable notice defined by the terminating Party.
International Transfers of Personal Data
1. To the extent Supplier for the purpose of the Services needs to transfer personal data outside the European Union or the European Economic Area, Supplier shall ensure that the transfer is only made to (a) countries that ensure an adequate level of protection as deemed by the EU Commission, or (b) entities that have provided appropriate safeguards (for example by use of the standard data protection clauses adopted by the EU Commission) as set out in Chapter V of the Data Protection Regulation.
2. With the acceptance of the Agreement, Customer accepts and agrees that Supplier may transfer personal data to the following countries: USA, Canada and India.
3. Where Supplier (as exporter) transfers Customer´s personal data back from Supplier to Customer (importer) in a third country outside of the EU/EEA the Parties shall perform the transfer by using Module Four “Transfer processor to controller” of the Standard Contractual Clauses (“SCC”) implemented by the European Commission implementing decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council. The SCC shall be incorporated into this DPA by reference to the SCC available at: https://commission.europa.eu/system/files/2021-06/1_en_annexe_acte_autonome_cp_part1_v5_0.pdf.
Liability for Damage and Limitation of Liability
1. Section 10 (Limitation of Liability) of the Terms of Use shall apply in connection to this DPA.
Deleting Personal Data
1. Upon termination of the Agreement, Supplier shall delete or anonymize all personal data on its systems (without prejudice to any backups made for recovery purposes which are retained for no longer than six (6) months) at the latest 180 calendar days after the last effective day of the Agreement, unless otherwise required by applicable laws or agreed upon in writing between the Parties.