Data Privacy Addendum
This VirtualSpirits Data Processing Addendum (“Addendum”) forms part of the VirtualSpirits Terms of Service (the “Agreement”) by and between VSpirits Technologies Inc., (“Virtual Spirits”) and you (“customer”).
(a) “Data Protection Legislation” means the EU 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 chats through your website, instant messaging, or mobile app (a “Customer”), which VirtualSpirits Processes as a Data Processor in the course of providing you with the Services.
(d) All other capitalized terms in this Addendum shall have the same definition as in the Agreement.
2.1 VirtualSpirits has added dedicated servers in EU data centers ("virtualspirtis.eu") which are dedicated to EU customers to meet the regulation requirement.
2.2 If you or your customers are located in Europe you agree to use Virtual Spirits software and services hosted at virtualspirits.eu. If you or your customers are located in Europe you agree to not use our software and services hosted at virtualspirits.com
2.3 When we identify EU customers accounts on virtualspirtis.com, we shall move these to virtualspirits.eu. You agree we may not identify easily or in timely manner all of our EU customers and it is your responsibility to use the virtualspirits.eu for your service.
3. Data Protection
3.1 Where a Data Subject is located in the European Economic Area, that Data Subject’s Personal Data will be processed by VirtualSpirits virtualspirits.eu platform as part of providing the Services, this Personal Data may be transferred to other regions, including to Israel. Such transfers will be completed in compliance with relevant Data Protection Legislation.
3.2 Transfers to Israel. The European Commission Decision of 31 January 2011 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data by the State of Israel with regard to automated processing of personal data (notified under document C(2011) 332) declared that Israel offers an adequate level of Data Protection. Therefore, Personal Data can flow from the EU countries and three EEA member countries (Norway, Liechtenstein and Iceland) to Israel without any further safeguard being necessary.
3.3 When VirtualSpirits Processes Personal Data in the course of providing the Services, VirtualSPirits will:
3.3.1 Process the Personal Data as a Data Processor, only for the purpose of providing the Services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Services), and as may subsequently be agreed to by you. If VirtualSpirits is required by law to Process the Personal Data for any other purpose, VirtualSpirits will provide you with prior notice of this requirement, unless VirtualSpirits is prohibited by law from providing such notice;
3.3.2. notify you if, in VirtualSpirits’ opinion, your instruction for the processing of Personal Data infringes applicable Data Protection Legislation;
3.3.3. notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to VirtualSpirits’s Processing of the Personal Data;
3.3.4. implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;
3.3.5. provide you, upon request, with up-to-date attestations, reports or extracts thereof where available from a source charged with auditing VirtualSpirits data protection practices (e.g. external auditors, internal audit, data protection auditors), or suitable certifications, to enable you to assess compliance with the terms of this Addendum;
3.3.6. notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;
3.3.7. ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Personal Data; and
3.3.8. upon termination of the Agreement, VirtualSpirits will promptly initiate its purge process to delete or anonymize the Personal Data.
3.3 In the course of providing the Services,you acknowledge and agree that VirtualSpirits may use Subprocessors to Process the Personal Data. VirtualSpirits 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 VirtualSpirits and Subprocessor.
4.1 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 VirtualSpirits may amend this Addendum from time to time by posting the relevant amended and restated Addendum on VirtualSpirits website, available at https://www.virtualspirits.com/dpa.aspx 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 VirtualSpirits 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.
4.2 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.
4.3 The terms of this Addendum shall be governed by and interpreted in accordance with the laws of the State of Israel and the laws of Israel applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the eligible courts of Tel Aviv with respect to any dispute or claim arising out of or in connection with this Addendum.
This DPA was last updated on May 14, 2018.