Updated: June 2021

Purchasely - Accord de traitement de données (French Version)

PRELIMINARY REMARKS

This Agreement and its appendix is entered into between the Supplier and the Client to reflect the Parties’ agreement concerning the Processing operations accomplished in the context hereof, and, in particular, the Personal Data Processing accomplished by the Supplier on behalf of the Client in the context of the provision of Services and defined in Appendix 1.

The Parties entered into this Agreement in order to ensure that they respect the Personal Data Regulations and to establish guarantees and procedures for the lawful Processing of Personal Data.

These preliminaries form an integral part of the Agreement.

Article 1. DEFINITIONS

Unless otherwise defined in the Agreement, all the terms in the upper case used herein, including the Preliminaries, shall have the meaning given in Purchasely’s General Terms and Conditions of Services, or, failing that, as follows:

• Purchasely’s Data Processing Agreement or Agreement shall mean this contractual document, with the purpose of defining the conditions and terms of enforcement of the Personal Data processing operations, made in the context hereof;
• Supervisory Authority shall mean any authority authorized to control and ensure the respect of the application of the Personal Data Regulations concerning the Personal Data Processing accomplished in the context of the Agreement and the provision of Services;
• Agreement shall mean the General Terms and Conditions and this Data Processing Agreement ;
• Personal Data shall mean personal data within the meaning of the Personal Data Regulations;
• Data Subjects’ Rights shall mean the Data Subjects’ rights by virtue of the Personal Data Regulations;
• EEE shall mean the European Economic Area;
• Supplier shall mean PURCHASELY, a simplified joint-stock company, with a share capital of 50 056,00 €, with its registered office located at 59 Promenade du verger, 92130 Issy-les-Moulineaux, registered with the Nanterre Registry of Trade and Companies under the number 890 405 921 represented by Mr. Nicolas Tissier acting in his capacity as President;
• Party(ies) shall mean individually or collectively the Supplier and/or the Client;
• Regulation or GDPR shall mean the (EU) Regulation 2016/679 of the European Parliament and Council dated April 27, 2016 relating to individuals’ personal data protection with regard to the Personal Data Processing and the free flow of this data, and repealing the EC directive 95/46/EC;
• Personal Data Regulations shall mean the Law no. 78-17 dated January 6, 1978 relating to I.T., files and liberties, the GDPR, and any Regulations which would apply with regard to Personal Data protection, in particular the Directive 2002/58/EC of the European Parliament and Council dated July 12, 2002 concerning the personal data processing and the protection of privacy in the electronic communications sector (referred to as the “Privacy and electronic communications directive” or “E-privacy directive”) and any new Regulation which would replace such Directive.