These Wunderkind Data Processing terms (“Terms”) are incorporated by reference into the data processing addendum or other similar data processing agreement (the “DPA”) that further modifies or is incorporated by reference into the platform or services agreement (“Agreement”) currently in place between Company (as defined in the applicable DPA) and Wunderkind Corporation (“Wunderkind” formerly known as Bounce Exchange, Inc. or BounceX).
The parties agree to comply with the following provisions with respect to any Personal Data of Data Subjects located in the European Economic Area and (effective January 1, 2021) the United Kingdom (collectively, “EEA Personal Data”) Processed in connection with the Agreement. References to the Agreement will be construed as including the DPA and these Terms. All terms not otherwise defined herein shall have the meanings ascribed to them in the Agreement or DPA.
Except as amended by these Terms, the Agreement will remain in full force and effect. Capitalized terms used but not defined in these Terms have the same meanings as set out in the DPA and the Agreement. To the extent that these Terms differ from those in the Agreement and/or DPA, the terms of these Terms shall govern.
- Wunderkind may, subject to these Terms, store and process the relevant Personal Data in the European Economic Area and the United States. Wunderkind may also Process the relevant Personal Data in the United Kingdom in the event that the United Kingdom is no longer deemed part of the European Economic Area unless prohibited under applicable law.
- If the Services involve the storage and/or Processing of EEA Personal Data which transfers EEA Personal Data out of the European Economic Area to a jurisdiction that does not have adequate data protection laws, and the EU Data Protection Laws apply to the transfers of such data (“Transferred EEA Personal Data”), both parties agree that the Standard Contractual Clauses for transfers reflecting the roles of the parties as described DPA in the form approved by the European Commission and currently available at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en (as amended or updated from time to time) (“Standard Contractual Clauses”) shall be incorporated by reference and form an integral part of this DPA. Purely for the purposes of the descriptions in the Standard Contractual Clauses and only as between Company and Wunderkind, Wunderkind agrees that it is a “data importer” and Company is the “data exporter” under the Standard Contractual Clauses. Further, Appendixes 1 and 2 of the DPA will take the place of Appendixes 1 and 2 of the Standard Contractual Clauses, respectively.
- If the Standard Contractual Clauses are deemed invalid by a governmental entity with jurisdiction over Transferred EEA Personal Data (e.g., the EU Court of Justice) or if such governmental entity imposes additional rules and/or restrictions regarding such EEA Transferred Personal Data, the parties agree to work in good faith to find an alternative and/or modified approach with respect to such Transferred Personal Data which is in compliance with Data Protection Laws.
- To the extent Company is the recipient of EEA Personal Data from Wunderkind pursuant to these Terms, Company will provide at least the same level of protection for the information as is available under the Model Contractual Clauses.
- These Terms will remain in effect until the termination or expiration of the Agreement between the parties.