Data Processing Agreement
This Data Processing Agreement (“DPA”) is entered into by and between FuelSignal, Inc DBA Oodles (“Processor”) and the merchant (“Controller”) who uses the Oodles app.
1. DEFINITIONS
The following terms used in this DPA shall have the meanings set forth below:
(a) “Controller” means the merchant who uses the Oodles app.
(b) “Processor” means Fuel Signal, Inc DBA Oodles, which provides the Oodles app to Controller.
(c) “Data” means the personal data and any other data submitted to the Processor by the Controller, as part of the use of the Oodles app.
(d) “GDPR” means the General Data Protection Regulation (EU) 2016/679.
(e) “Data Subject” means an identified or identifiable natural person whose personal data is processed by the Processor on behalf of the Controller.
2. PROCESSING OF DATA
Processor shall process Data only to the extent necessary to provide the Oodles app to the Controller, in accordance with the documented instructions of the Controller, as set forth in this DPA and the Oodles app Terms of Service. The processor shall not process Data for any other purpose unless required to do so by law.
3. OBLIGATIONS OF PROCESSOR
(a) Confidentiality. Processor shall maintain the confidentiality of Data and shall ensure that any person acting under its authority who has access to Data does not process Data except on instructions from Controller.
(b) Security Measures. Processor shall implement appropriate technical and organizational measures to protect Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access, in accordance with industry standards and practices.
(c) Data Subject Requests. Processor shall assist Controller, at Controller’s expense, in fulfilling any requests from Data Subjects exercising their rights under GDPR.
(d) Sub-Processors. Processor shall ensure that any sub-processors engaged by Processor to process Data on behalf of Controller will be subject to the same data protection obligations as those set forth in this DPA.
4. OBLIGATIONS OF CONTROLLER
(a) Controller shall ensure that Controller’s instructions to Processor comply with all applicable laws and regulations, including GDPR.
(b) The controller shall ensure that Controller has obtained all necessary consents and authorizations from Data Subjects to permit the Processor to process Data in accordance with the terms of this DPA and the Oodles app Terms of Service.
(c) The controller shall ensure that the transfer of Data to the Processor is lawful, and that Controller has provided all necessary information to Data Subjects regarding the transfer of Data to the Processor.
5. TERM AND TERMINATION
(a) This DPA shall remain in effect as long as Controller uses the Oodles app.
(b) Either party may terminate this DPA immediately upon written notice to the other party if the other party is in material breach of its obligations under this DPA and such breach is not cured within 30 days of receipt of written notice of the such breach.
6. MISCELLANEOUS
(a) This DPA shall be governed by and construed in accordance with the laws of the State of Texas.
(b) This DPA constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, agreements, and understandings between the parties. By using the Oodles app, Controller agrees to be bound by the terms of this DPA.