Data Processing Addendum
Last updated February 15th, 2021
This Data Processing Addendum (“Addendum”) amends the Terms and Conditions (the “Terms”) by and between You and Ilana Davis LLC (“the Company”, “Us”, “We”, or “Our”).
If there are conflicts between this Addendum and the Terms, the terms of this Addendum shall prevail.
“Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC, and any legislation and/or regulation implementing or made pursuant to them, or which amends or replaces any of them (including the General Data Protection Regulation, Regulation (EU) 2016/679);
“Data Processor”, “Data Subject”, “Processor”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with applicable Data Protection Legislation.
“Personal Data” as used in this Addendum means information relating to an identifiable or identified Data Subject who uses your Shopify store, which Shopify or Us processes as a Data Processor or Data Controller in the course of providing You with the Service.
All other capitalized terms in this Addendum shall have the same definition as in the Terms.
We process Personal Data from Shopify or from You, only for the purpose of providing the Service in accordance with the documented instructions from You or Shopify. If We are required by law to process the Personal Data for any other purpose, We will provide You with notice of this requirement.
We will notify You promptly, to the extent permitted by law, when We receive an inquiry from a Data Subject or Supervisory Authority relating to our processing of the Personal Data.
We implement and maintain appropriate technical and organization measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration, or disclosure.
We will notify You promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing, disclosure, or access to the Personal Data.
Upon termination of these Terms, we will delete or anonymize the Personal Data not needed for legal obligations within 90 days from the termination date. Upon termination of this Terms, You may contact the Data Protection Officer and request an earlier data deletion/anonymization.
You acknowledge that We may use Subprocessors to process the Personal Data. Any Subprocessor must be in compliance with Data Protection Legislation and must be governed by a contract between Us and the Subprocessor.
We reserve the right, at Our sole discretion, to modify or replace these Addendum at any time by posting to https://www.ilanadavis.com/pages/dpa. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
The laws of the Country, excluding its conflicts of law rules, shall govern this Addendum and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.