Last updated on: May 23, 2018
This Data Processing Addendum ("DPA" and/or "Addendum") amends the ExploreMA WebCenters' Terms of Service (the "Agreement") by and between you and ExploreMA WebCenters.
If you have any questions about this DPA or the practices described herein, you may contact:
250 Pilot Rd Suite 300
Las Vegas, Nevada 89119
This Addendum covers personal information, including any information we collect, use and share from you, as described further below. This DPA applies to all ExploreMA WebCenters websites, our products and services, and our mobile applications, if applicable, (collectively, the "Services"). This DPA does not cover how our Users may use or share data that they collect using our services.
When you purchase a Service from us, your personal information will be collected, used, and shared consistent with the provisions of this DPA as well as the following addendum, which are a part of this DPA:
(a) "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);
(b) "Data Processor", "Data Subject", "Processor", "Processing", "Subprocessor", and "Supervisory Authority" shall be interpreted in accordance with applicable Data Protection Legislation;
(c) "Personal Data" as used in this Addendum means information relating to an identifiable or identified Data Subject who visits or engages in transactions through your store (a "Customer"), which ExploreMA WebCenters Processes as a Data Processor in the course of providing you with the Services.; and
(d) All other capitalized terms in this Addendum shall have the same definition as in the Agreement.
Where a Data Subject is located in the European Economic Area, that Data Subject's Personal Data will be processed by ExploreMA WebCenters. As part of providing the Services, this Personal Data may be transferred to other regions, including the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.
When ExploreMA WebCenters processes Personal Data in the course of providing the Services, ExploreMA WebCenters will:
In the course of providing the Services, you acknowledge and agree that ExploreMA WebCenters may use subprocessors to Process the Personal Data. ExploreMA WebCenters' use of any specific subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between ExploreMA WebCenters and subprocessor.
In the event of any conflict or inconsistency between the provisions of the Agreement and this Addendum, the provisions of this Addendum shall prevail. For avoidance of doubt and to the extent allowed by applicable law, any and all liability under this Addendum, including limitations thereof, will be governed by the relevant provisions of the Agreement. You acknowledge and agree that ExploreMA WebCenters may amend this Addendum from time to time by posting the relevant amended and restated Addendum on ExploreMA WebCenters' website, available at https://w.explorema.com/public/terms/dpa and such amendments to the Addendum are effective as of the date of posting. Your continued use of the Services after the amended Addendum is posted to ExploreMA WebCenters' website constitutes your agreement to, and acceptance of, the amended Addendum. If you do not agree to any changes to the Addendum, do not continue to use the Service.
Save as specifically modified and amended in this Addendum, all of the terms, provisions and requirements contained in the Agreement shall remain in full force and effect and govern this Addendum. If any provision of the Addendum is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Addendum shall remain operative and binding on the parties.
We reserve the right to modify this DPA at any time, so please review it frequently. If we decide to change this DPA in any material way, we will notify you here, by email, or by means of a notice on https://www.explorema.com/ or the website of the ExploreMA WebCenters product or service you use prior to the change becoming effective. In all cases, your continued use of any Services constitutes acceptance to any such changes.
If you have any questions, concerns or complaints about our DPA, our practices or our Services, you may contact our Office of the DPO by email at email@example.com. In the alternative, you may contact us by either of the following means:
By Mail: Attn: Office of the Data Protection Officer, ExploreMA WebCenters, Ivenue.com,
250 Pilot Road, Suite #300, Las Vegas, Nevada 89119.
By Phone: (702) 547-8000