PERSONAL AND NON-PERSONAL INFORMATION
WHAT IS NON-PERSONAL INFORMATION AND HOW IS IT COLLECTED AND USED?
Non personal information is information that cannot identify you. If you visit this web site to read information, such as information about one of our services, we may collect certain non-personal information about you from your computer’s web browser. Because non-personal information cannot identify you or be tied to you in any way, there are no restrictions on the ways that we can use or share non-personal information. What is personal information and how is it collected? Personal information is information that identifies you as an individual, such as your name, mailing address, e-mail address, telephone number, and fax number. We may collect personal information from you in a variety of ways:
- When you send us an application or other form
- When you conduct a transaction with us, our affiliates, or others
- When we collect information about in you in support of a transaction, such as credit card information
- In some places on this web site you have the opportunity to send us personal information about yourself, to elect to receive particular information, to purchase access to one of our products or services, or to participate in an activity.
ARE COOKIES OR OTHER TECHNOLOGIES USED TO COLLECT PERSONAL INFORMATION?
To help measure and improve the effectiveness of our e-mail communications, the third party sets cookies. All data collected by this third party on behalf of JennieWinter.com is used solely by or on behalf of
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the
JennieWinter.com websites you visit.
HOW DOES JennieWinter.com USE PERSONAL INFORMATION?
JennieWinter.com may keep and use personal information we collect from or about you to provide you with access to this web site or other products or services, to respond to your requests, to bill you for products/services you purchased, and to provide ongoing service and support, to contact you with information that might be of interest to you, including information about products and services of ours and of others, or ask for your opinion about our products or the products of others, for record keeping and analytical purposes and to research, develop and improve programs, products, services and content.
Personal information collected online may be combined with information you provide to us through other sources We may also remove your personal identifiers (your name, email address, social security number, etc). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information. Finally, we may use your personal information to protect our rights or property, or to protect someone’s health, safety or welfare, and to comply with a law or regulation, court order or other legal process.
DOES JennieWinter.com SHARE PERSONAL INFORMATION WITH OTHERS?
We will not sell, exchange or publish your personal information, except in conjunction with a corporate sale, merger, dissolution, or acquisition. For some sorts of transactions, in addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect personal information directly from you to assist you with your transaction. We do not control how these third parties use such information, but we do ask them to disclose how they use your personal information before they collect it. If you submit a review for a third party (person or business) using our Facebook Fan Review Application, during the submission process we ask your permission to gather your basic information (such as name and email address) which we then share with the third party for whom you are submitting the review. We may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation.
We may cooperate with law enforcement authorities in investigating and prosecuting web site visitors who violate our rules or engage in behavior, which is harmful to other visitors (or illegal). We may disclose your personal information to third parties if we feel that the disclosure is necessary to protect our rights or property, protect someone’s health, safety or welfare, or to comply with a law or regulation, court order or other legal process. As discussed in the section on cookies and other technologies, from time to time we may allow a third party to serve advertisements on this web site.
HOW IS PERSONAL INFORMATION USED FOR COMMUNICATIONS?
We may contact you periodically by e-mail, mail or telephone to provide information regarding programs, products, services and content that may be of interest to you. In addition, some of the features on this web site allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via e-mail. The e-mail response or confirmation may include your personal information. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.
HOW IS PERSONAL INFORMATION SECURED?
We have implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss, misuse, alteration, or destruction. Only authorized personnel and third party vendors have access to your personal information, and these employees and vendors are required to treat this information as confidential. Despite these precautions, we cannot guarantee that unauthorized persons will not obtain access to your personal information.
This site contains links to other sites that provide information that we consider to be interesting. JennieWinter.com is not responsible for the privacy practices or the content of such web sites.
This site may provide public discussions on various business valuation topics. Please note that any information you post in these discussions will become public, so please do not post sensitive information in the public discussions. Whenever you publicly disclose information online, that information could be collected and used by others. We are not responsible for any action or policies of any third parties who collect information that users disclose in any such forums on the web site. JennieWinter.com does not agree or disagree with anything posted on the discussion board. Also remember that you must comply with our other published policies regarding postings on our public forums.
HOW CAN A USER ACCESS, CHANGE, AND/OR DELETE PERSONAL INFORMATION?
You may access, correct, update, and/or delete any personally-identifiable information that you submit to the web site. You may also unsubscribe from mailing lists or any registrations on the web site. To do so, please either follow instructions on the page of the web site on which you have provided such information or subscribed or registered or contact us at [support@
JennieWinter.com will not intentionally collect any personal information (such as a child’s name or email address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us.
JennieWinter.com is committed to providing a superior learning experience for everyone we work with. We know that our users’ are committed to their success and we are equally committed to ensuring that each interaction that someone has with our content is optimized for maximum educational potential. To enable us to do this, JennieWinter.com needs to gather and use certain information about individuals.
Individuals who we gather information about includes customers, affiliates, business contacts, employees, and other people the organization has a relationship with or may need to contact.
This policy describes how this personal data is collected, handled, and stored to meet the company’s data protection standards — and to comply with the law.
Why This Policy Exists
This data protection policy ensures JennieWinter.com :
- Complies with data protection law and follows industry best practices
- Protects the rights of staff, customers, affiliates, and partners
- Is open about how it stores and processes individuals’ data
- Protects itself from the risks of a data breach
EU General Data Protection Regulation (GDPR) Protection Law
The GDPR (General Data Protection Regulation) protection law describes how organizations who conduct business with individuals or entities located in EU (European Union) nations — including JennieWinter.com — must collect, handle, and store personal information.
These rules apply regardless of whether data is stored electronically, on paper, or in any other manner.
To comply with the law, personal information must be collected and used fairly, stored safely, and not disclosed unlawfully.
The EU GDPR is underpinned by eight core principles. These state that personal data must:
- Be processed fairly and lawfully
- Be obtained only for specific, lawful purposes
- Be adequate, relevant, and not excessive
- Be accurate and kept up to date
- Not be held for any longer than necessary
- Processed in accordance with the rights of data subjects
- Be protected in appropriate ways
- Not be transferred outside the European Economic Area (EEA), unless that country or territory also ensures an adequate level of protection
1. Policy Statement
Every day our business will receive, use, and store personal information about our customers, affiliates, partners, and colleagues. It is important that this information is handled lawfully and appropriately, in line with the requirements of the Data Protection Act 2018 and the General Data Protection Regulation (collectively referred to as the ‘Data Protection Requirements’).
We take our data protection duties seriously, because we respect the trust that is being placed in us to use personal information appropriately and responsibly.
2. About This Policy
This policy and any other documents referred to in it, sets out the basis on which we will process any personal data that we collect or process. This policy does not form part of any employee’s contract of employment and may be amended at any time.
The company as a whole is responsible for ensuring compliance with the Data Protection Requirements and with this policy. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to the Data Protection Officer.
3. What is Personal Data?
Personal data is defined as data, (whether stored electronically or paper based) relating to a living individual who can be identified directly or indirectly from that data, (or from that data and other information in our possession).
Processing is any activity that involves use of personal data. It includes obtaining, recording, or holding the data, organizing, amending, retrieving, using, disclosing, erasing, or destroying it. Processing also includes transferring personal data to third parties under privacy control conditions.
Sensitive personal data includes contact info, address, session activity on the platform, IP location etc. Sensitive personal data can only be processed under strict conditions, and used for express purpose that it was collected for.
4. Data Protection Principles
Anyone processing personal data, must ensure that data is:
- Processed fairly, lawfully and in a transparent manner.
- Collected for specified, explicit, and legitimate purposes and any further processing is completed for a compatible purpose.
- Adequate, relevant and limited to what is necessary for the intended purposes.
- Accurate and where necessary, kept up to date.
- Kept in a form which permits identification for no longer than necessary for the intended purposes.
- Processed in line with the individual’s rights and in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures.
- Not transferred to people or organizations situated in countries without adequate protection and without firstly having advised the individual.
5. Fair and Lawful Processing
The Data Protection Requirements are not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the individual.
In accordance with the General Data Protection Regulation (GDPR), we will only process personal data where it is required for a lawful purpose. The lawful purposes include (amongst others): whether the individual has given their consent, the processing is necessary for performing a contract with the individual, for compliance with a legal obligation, or for the legitimate interest of the business. When sensitive personal data is being processed, additional conditions must be met.
- Collection of InformationWe receive and store information about you such as:Information you provide us: We collect information you provide to us which includes: your name, email address, address or postal code, payment method, and telephone number. We collect this information in a number of ways, including manual entry while you are using our service, interact with our customer service, participate in surveys or marketing promotions, provide reviews or ratings, taste preferences, set preferences in Your Profile/Account, or otherwise provide information to us through our service or elsewhere.Information we collect automatically: We collect information regarding you and your use of our service, your interactions with us and our advertising, as well as information regarding your computer or other device used to access our service.This information includes:
- Your activity on our platform such as course progress and search queries
- Details regarding your interactions with customer service such as the date, time and reason for contacting us
- Transcripts of any chat conversations that you initiate on our platforms
- In the event that you initiate phone support, your phone number
- Device IDs or unique identifiers, device and software characteristics (such as type and configuration)
- Connection information, statistics on page views, referral URLs, IP address, and standard web log information
- Use of InformationWe use the information we collect to provide, analyze, administer, enhance, and personalize our services and marketing efforts, to process your registration, your orders, your payments, and your communication on these and other topics.Our primary aim is always to enhance the user experience. We do so in several ways using the data that we collect, but a few examples are: determining your general platform usage, required action item completions, login details, etc. which then helps us know what difficulties the you’re facing within the platform, with which can then use to take action to minimize the effort on your end. We collect other information, such as most visited links on our website, which then help us conclude what content was most watched, enabling us to create additional content geared toward our users’ needs and personal preferences.
6. Processing for Limited Purposes
In the course of our business, we may collect and process personal data, which may include data that we receive directly from a data subject and data we receive from other sources including location data, business partners, and subcontractors who work technical, payment and delivery services, credit reference agencies, and other capacities.
We will only process personal data for the specific purposes or for any other purposes specifically permitted by the Data Protection Requirements. We will notify those purposes to the data subject when we first collect the data or as soon as possible thereafter.
7. Notifying Individuals
If we collect personal data directly from an individual, we will inform them about:
- The purpose or purposes for which we intend to process that personal data, as well as the legal basis for the processing.
- Where we rely upon the legitimate interests of the business to process personal data, the legitimate interests pursued.
- The types of third parties, if any, with which we will share or disclose that personal data.
- The fact that the business intends to transfer personal data to a non-EEA country or international organization and the appropriate and suitable safeguards in place.
- How individuals can limit our use and disclosure of their personal data.
- Information about the period that their information will be stored or the criteria used to determine that period.
- Their right to request from us as the controller access to and rectification or erasure of personal data or restriction of processing.
- Their right to object to processing and their right to data portability.
- Their right to withdraw their consent at any time (if consent was given) without affecting the lawfulness of the processing before the consent was withdrawn.
- The right to lodge a complaint with the Information Commissioner’s Office.
- Other sources where personal data regarding the individual originated from and whether it came from publicly accessible sources.
- Whether the provision of the personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the individual is obliged to provide the personal data and any consequences of failure to provide the data.
- The existence of automated decision-making, including profiling and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the individual.
If we receive personal data about an individual from other sources, we will provide them with this information as soon as possible (in addition to telling them about the categories of personal data concerned) but at the latest within One (1) month.
We will also inform data subjects whose personal data we process, that we are the data controller with regard to that data and our contact detail regarding data protection act is Support@thelovehippie.com, and who the Data Protection Compliance Manager/Data Protection Office is.
8. Adequate, Relevant and Non-Excessive Processing
We will only collect personal data to the extent that it is required for the specific purpose notified to the data subject.
9. Accurate Data
We will ensure that personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out-of-date data.
10. Timely Processing
We will not keep personal data longer than necessary for the purpose or purposes for which it was collected. We will take all reasonable steps to destroy or erase from our systems, all data which is no longer required.
11. Processing in line with Data Subject’s Rights
We will process all personal data in line with data subjects’ rights, in particular their right to:
- Confirmation as to whether or not personal data concerning the individual is being processed.
- Request access to any data held about them by a data controller.
- Request rectification, erasure or restriction on processing of their personal data.
- Lodge a complaint with a supervisory authority.
- Data portability.
- Object to processing including for direct marketing.
- Not be subject to automated decision making including profiling in certain circumstances.
12. Data Security
We will take appropriate security measures against unlawful or unauthorized processing of personal data and against the accidental or unlawful destruction, damage, loss, alteration, or unauthorized disclosure of or access to personal data transmitted, stored, or otherwise processed.
We will put in place procedures and technologies to maintain the security of all personal data from the point of the determination of the means for processing and point of data collection to the point of destruction. Personal data will only be transferred to a data processor if he or she agrees to comply with those procedures and policies, or if he or she puts in place adequate measures himself/herself.
We will maintain data security by protecting the confidentiality, integrity, and availability of the personal data, defined as follows:
- Confidentiality: Only people who are authorized to use the data can access it.
- Integrity: Personal data should be accurate and suitable for the purpose for which it is processed.
- Availability: Authorized users should be able to access the data if they need it for authorized purposes. Personal data should therefore be stored on the JennieWinter.com central computer system & databases instead of individual PCs.
Our Security Procedures:
- Entry controls: Any stranger seen in entry-controlled areas will be reported.
- Securing lockable desks and cupboards all the time. Desks and cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)
- Data minimization will be practiced.
- Pseudonymisation and encryption of data will be the primary state of storing the data.
- Methods of disposal: Paper documents would be shredded. Digital storage devices would be physically destroyed when they are no longer required. Electronic data would be deleted once it’s intended purpose is fulfilled.
- Equipment: Staff has to ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.
- Transferring Personal Data Outside of the EEA: We may transfer any personal data we hold to a country outside the European Economic Area (‘EEA’) or to an international organization, provided that one of the following conditions applies:
- The country to which the personal data is transferred ensures an adequate level of protection for the data subjects’ rights and freedoms.
- The data subject has given his consent.
- The transfer is necessary for one of the reasons set out in the Act, including the performance of a contract between us and the data subject, or to protect the vital interests of the data subject.
- The transfer is legally required on important public interest grounds or for the establishment, exercise or defense of legal claims.
- The transfer is authorized by the relevant data protection authority where we have adduced adequate safeguards with respect to the protection of the data subjects’ privacy, their fundamental rights and freedoms, and the exercise of their rights.
Subject to the requirements above, personal data we hold may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Those staff may be engaged in, among other things, the fulfilment of contracts with the data subject, the processing of payment details and the provision of support services.
14. Disclosure and Sharing of Personal Data
We may share personal data we hold with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in: https://www.legislation.gov.uk/ukpga/2006/46/section/1159
15. Subject Access Requests
To these ends, the company has a privacy statement setting out how data relating to individuals is used by the company.
Individuals must make a formal request for information we hold about them. Employees who receive a request should forward it to the data department immediately.
When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:
- We will check the caller’s identity to make sure that information is only given to a person who is entitled to it.
- We will suggest that the caller put their request in writing if we are not sure about the caller’s identity and where their identity cannot be checked.
- Where a request is made electronically, data will be provided electronically when possible.
Our support team will refer a request to the data processing department or the Data Protection Compliance Manager for assistance in difficult situations.
16. Changes to this Policy
We may modify this Privacy Statement at any time, but we will provide prominent advance notice of any material changes to this Statement, such as posting a notice through the Services, on our websites, or sending you an email, to provide you the opportunity to review the changes and choose whether to continue using the Services.
Data protection addendum
Last updated: May 5, 2019
This Data Protection Addendum, henceforth referred to as the “Addendum”, is entered into by and between The Renewing, LLC. henceforth referred to as “JennieWinter.com”, and the customer agreeing to this Addendum, henceforth referred to as the “Customer”.
This Addendum will be effective from the Addendum Effective Date (as defined below) and replace any previously applicable data protection addendum.
If you are accepting this Addendum on behalf of Customer/Affiliate, you represent and warrant that:
- You have read and understood this Addendum
- You have full legal authority to bind yourself, or the applicable entity, to these Terms
- You agree, on behalf of the party you represent, to this Addendum.
If you do not have the legal authority to bind Customer, please do not “Sign/Accept/Opt IN”.
Terms Defined by the General Data Protection Regulation (GDPR):
- “Addendum Effective Date” is defined as the date on which Customer clicked to accept or opt-in to this Addendum.
- “Adequate Country” is defined as a country which is deemed adequate by the European Commission under Article 25(6) of Directive 95/46/EC or Article 45 of GDPR.
- “Data Subject” is defined as the identified or identifiable person who is the subject of Personal Data.
- “Personal Data” is defined as any information included in the Customer Data relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural, or social identity.
- “Processing” is defined by the applicable EU Data Protection Law and “process”, “processes” and “processed” will be interpreted accordingly.
- “Data Controller” is defined as the party that determines the purposes and means of the Processing of Personal Data.
- “Data Processor” is defined as the party that Processes Personal Data on behalf of, or under the instruction of, the Data Controller.
- “Data Transfer Mechanism” is defined as an alternative data export solution for the lawful transfer of Customer Data (as recognized under EU Data Protection Law) outside the EEA.
- “Data Protection Laws” are defined with respect to a party, all privacy, data protection, information security-related, and other laws and regulations applicable to such party, including, where applicable, EU Data Protection Law.
- “Data Protection Authority” is defined as the competent body in the jurisdiction charged with enforcement of applicable Data Protection Law.
- “EEA” means the European Economic Area, United Kingdom, and Switzerland.
- “EU Data Protection Law” means
- Prior to 25th May 2018, European Union Directive 95/46/EC; and
- On and after 25th May 2018, European Union Regulation 2016/679 (“GDPR”)
- References to “written instructions” and related terms mean Data Controller’s instructions for Processing of Customer Data, which consist of
- The terms of the Agreement and this Addendum,
- Processing enabled by Data Controller through the Service, and
- Other reasonable written instructions of Data Controller consistent with the terms of the Agreement.
- “Model Contracts” are defined as the Standard Contractual Clauses for Processors as approved by the European Commission under Decision 2010/87/EU in the form made accessible in the JennieWinter.com Workspace.
- “Security Incident” is defined as any unauthorized or unlawful confirmed breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data in Data Processor’s control.
- “Subprocessor” is defined as any Third Party engaged by Data Processor or its affiliates to process any Customer Data pursuant to the Agreement or this Addendum.
- “Third Party” shall mean any natural or legal person, public authority, agency, or any other body other than the Data Subject, Data Controller, Data Processor, Subprocessors, or other persons who, under the direct authority of the Data Controller or Data Processor, are authorized to Process the data.
- Other capitalized terms not defined herein have the meanings given in the Agreement.
Terms Defined by JennieWinter.com with Respect to GDPR:
- “Data Subjects” are defined to include the individuals about whom data is provided to JennieWinter.com via the Services by (or at the direction of) the Customer.
- “Details of Processing Subject Matter” is defined as the subject matter of the data processing under this Addendum is the Customer Data.
- “Duration of the Processing” is defined as the duration of the data processing under this Addendum is until the termination of the Agreement plus the period from the expiry of the Agreement until deletion of all Customer Data by JennieWinter.com in accordance with the terms of the Addendum.
- “Nature and Purpose of the Processing” is defined as the purpose of the Processing under this Addendum is the provision of the Service to Customer and the performance of JennieWinter.com’s obligations under the Agreement (including this Addendum) or as otherwise agreed by the parties.
- “Categories of Data” is defined as data relating to individuals provided to JennieWinter.com when Customers sign up, login, use the product, interact with the website, and interact with the ads.
- “Security Measures” are defined as the measures that JennieWinter.com agrees to use. They are commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration, or disclosure of the Service or Customer Data.
- This Addendum forms part of the Agreement and except as expressly set forth in this Addendum, the Agreement remains unchanged and in full force and effect. If there is any conflict between this Addendum and the Agreement, this Addendum shall prevail to the extent of that conflict in connection with the Processing of Customer’s Personal Data.
- All activities under this Addendum (including without limitation Processing of Customer Data) remain subject to the applicable limitations of liability set forth in the Agreement.
- This Addendum will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.
- This Addendum and Model Contracts will automatically terminate upon expiration or termination of the Agreement.
4. Scope and Applicability of this Addendum:
- This regulation applies to the processing of the personal data in the context of the activities of the establishment of a Controller or a Processor in the EU.
- This Addendum applies where and to the extent that JennieWinter.com processes Customer Data that originates from the EEA or that is otherwise subject to EU Data Protection Law on behalf of Customer in the course of providing the Service pursuant to the Agreement.
- This Addendum applies where and to the extent that JennieWinter.com processes Customer Data that originates from the EEA or that is otherwise subject to EU Data Protection Law on behalf of Customer in the course of providing the Service pursuant to the Agreement.
5. Role and Scope of the Processing:
- Customer will act as the Data Controller and JennieWinter.com will act as the Data Processor under this Addendum. Both Customer and JennieWinter.com shall be subject to applicable Data Protection Laws in the carrying out of their responsibilities as set forth in this Addendum.
- Customer retains all ownership rights in the Customer Data, as set forth in the Agreement. Except as expressly authorized by Customer in writing or as instructed by Customer, JennieWinter.com shall have no right directly or indirectly to sell, rent, lease, combine, display, perform, modify, transfer, or disclose the Customer Data or any derivative work thereof. JennieWinter.com shall act only in accordance with Customer’s instructions regarding the Processing of the Customer Data except to the extent prohibited by applicable Data Protection Laws.
- Additional instructions not consistent with the scope of the Agreement require prior written agreement of the parties, including agreement on any additional fees payable by Customer.
- Notwithstanding the above, Customer acknowledges that JennieWinter.com shall have a right to use Aggregated Anonymous Data as detailed in the Agreement Section 4.4.
- JennieWinter.com shall not disclose the Customer Data to any Third Party in any circumstances other than in compliance with Customer’s instructions or in compliance with a legal obligation to disclose. JennieWinter.com shall inform Customer in writing prior to making any such legally required disclosure, to the extent permitted by Data Protection Laws.
- For clarity, nothing in this Addendum limits JennieWinter.com from transmitting Customer Data (including without limitation Personal Data) as instructed by Customer through the Service.
- JennieWinter.com’s obligations under this Addendum shall apply to JennieWinter.com’s employees, agents and Subprocessors who may have access to the Personal Data.
- Customer agrees that JennieWinter.com is authorized to use Subprocessors (including without limitation cloud infrastructure providers) to Process the Personal Data, provided that JennieWinter.com:
- Enters into a written agreement with any Subprocessor, imposing data protection obligations substantially similar to this Addendum; and
- Remains liable for compliance with the obligations of this Addendum and for any acts or omissions of the Subprocessor that cause JennieWinter.com to breach any of its obligations under this Addendum.
- Information about Subprocessors, including their functions and locations, is available on request and may be updated by JennieWinter.com from time to time in accordance with this Addendum.
- JennieWinter.com shall implement and maintain appropriate technical and organizational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data, in accordance with JennieWinter.com’s security standards.
- Customer is responsible for reviewing the information made available by JennieWinter.com relating to data security and making an independent determination as to whether the Service meets the Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and that JennieWinter.com may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Service purchased by Customer.
- JennieWinter.com shall ensure that any person who is authorized by Customer to process Personal Data (including its staff, agents and Subprocessors) shall be under an appropriate contractual or statutory obligation of confidentiality.
8. Onward Transfer:
- JennieWinter.com may, subject to complying with this Section 8, store and process Customer Data anywhere in the world where JennieWinter.com, its affiliates or Subprocessors maintain data processing operations.
- To the extent that JennieWinter.com processes any Personal Data protected by GDPR and/or originating from the EEA in the United States or another country outside the EEA that is not designated as an Adequate Country, then the parties shall sign the Model Contracts.
- The parties agree that JennieWinter.com is the “data importer” and Customer is the “data exporter” under the Model Contracts (notwithstanding that Customer may be an entity located outside of the EEA).
- The parties agree that the data export solution identified in Section 8.B shall not apply if and to the extent that JennieWinter.com adopts an Alternative Transfer Mechanism. In which event, the Alternative Transfer Mechanism shall apply instead (but only to the extent such Alternative Transfer Mechanism extends to the territories to which Personal Data is transferred).
9. Regulatory Compliance:
- At Customer’s request and expense, JennieWinter.com shall reasonably assist Customer as necessary to meet its obligations to regulatory authorities, including Data Protection Authorities.
- JennieWinter.com shall (at Customer’s expense) reasonably assist Customer to respond to requests from individuals in relation to their rights of data access, rectification, erasure, restriction, portability and objection. In the event that any such request is made directly to JennieWinter.com, JennieWinter.com shall not respond to such communication directly without Customer’s prior authorization unless required by Data Protection Laws.
10. Reviews of Data Processing:
- At Customer’s request, JennieWinter.com shall provide Customer with written responses to all reasonable requests for information made by Customer relevant to the Processing of Personal Data under this Addendum, including responses to security and audit questionnaires, in each case solely to the extent necessary to confirm JennieWinter.com’s compliance with this Addendum.
- JennieWinter.com will provide such information within thirty (30) days of Customer’s written request, unless shorter notice is required by Customer’s regulatory authorities.
- Except as expressly required by Data Protection Laws, any review under this Section 10 will:
- Be conducted no more often than once per year during JennieWinter.com’s normal business hours, in a manner so as not to interfere with standard business operations;
- Be subject to JennieWinter.com’s reasonable confidentiality and security constraints;
- Be conducted at Customer’s expense; and
- Not extend to any information, systems or facilities of JennieWinter.com’s other customers or its Third Party infrastructure providers.
- Any information provided by JennieWinter.com under this Section 10 constitutes JennieWinter.com’s Confidential Information under the Agreement.
11. Return or deletion of data:
- JennieWinter.com shall, within ninety (90) days after request by Customer at the termination or expiration of the Agreement, delete or return, at Customer’s choice, all of the Personal Data from JennieWinter.com’s systems. Within a reasonable period following deletion, at Customer’s request, JennieWinter.com will provide written confirmation that JennieWinter.com’s obligations of data deletion or destruction have been fulfilled.
- Notwithstanding the foregoing, the Customer understands that JennieWinter.com may retain Customer Data as required by Data Protection Laws, which data will remain subject to the requirements of this Addendum.
12. Additional Security:
- Upon becoming aware of a confirmed Security Incident, JennieWinter.com shall notify the Customer without undue delay, in accordance with the Security Measures. Notwithstanding the foregoing, JennieWinter.com is not required to make such notice to the extent prohibited by Data Protection Laws, and JennieWinter.com may delay such notice as requested by law enforcement and/or in light of JennieWinter.com’s legitimate needs to investigate or remediate the matter before providing notice.
- Each notice of a Security Incident will include:
- The extent to which Personal Data has been, or is reasonably believed to have been, used, accessed, acquired, or disclosed during the Security Incident;
- A description of what happened, including the date of the Security Incident and the date of discovery of the Security Incident, if known;
- The scope of the Security Incident, to the extent known; and
- A description of JennieWinter.com’s response to the Security Incident, including steps JennieWinter.com has taken to mitigate the harm caused by the Security Incident.
- JennieWinter.com shall take reasonable measures to mitigate the harmful effects of the Security Incident and prevent further unauthorized access or disclosure.
13. Changes to Subprocessors:
When any new Subprocessor is engaged, JennieWinter.com will, at least a week before the new Subprocessor processes any Customer Data, inform Customer of the engagement by sending an email or via the in-app notification.
14. Further cooperation:
- Where and when required by Data Protection Laws, JennieWinter.com will provide the relevant Data Protection Authorities with information related to JennieWinter.com’s Processing of Personal Data. JennieWinter.com further agrees that it will maintain such required registrations and where necessary renew them during the term of this Addendum. Any changes to JennieWinter.com’s status in this respect shall be notified to Customer immediately either via email or in-app notifications.
- To the extent JennieWinter.com is required under Data Protection Laws, JennieWinter.com shall (at Customer’s expense) provide reasonably requested information regarding the Service or prior consultations with Data Protection Authorities to enable Customer to carry out data protection impact assessments.