This Amakawa Data Processing Addendum (“Addendum”) amends the Amakawa Terms of Service (the “Agreement”) by and between you and Amakawa Pte. Ltd. (“Amakawa”), located at 16 Raffles Quay #33-03 Hong Leong Building, Singapore, 048581.
“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);
“Data Processor”, “Data Subject”, “Processor”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with applicable Data Protection Legislation;
“Customer Data” as used in this Addendum means personal data (as defined in the Data Protection Legislation) that is uploaded to the Service under Customer’s openredis accounts.
“EEA” means the European Economic Area.
All other capitalized terms in this Addendum shall have the same definition as in the Agreement.
2.1. This Addendum applies when Customer Data is processed by Amakawa. The Customer may act as “controller” or “processor”, and Amakawa may act as “processor” or “sub-processor” with respect to Customer Data.
2.2. Where a Data Subject is located in the EEA, that Data Subject’s Customer Data may be transferred to the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.
2.3. When Amakawa Processes Customer Data in the course of providing the Service, Amakawa will:
2.3.1. Process the Customer Data as a Data Processor, only for the purpose of providing the Service in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Service), and as may subsequently be agreed to by you. If Amakawa is required by law to Process the Customer Data for any other purpose, Amakawa will provide you with prior notice of this requirement, unless Amakawa is prohibited by law from providing such notice;
2.3.2. notify you if, in Amakawa’s opinion, your instruction for the processing of Customer Data infringes applicable Data Protection Legislation;
2.3.3. notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to Amakawa’s Processing of the Customer Data;
2.3.4. implement and maintain appropriate technical and organizational measures to protect the Customer 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 Customer Data which is to be protected;
2.3.5. provide you, upon request, with up-to-date attestations, reports or extracts thereof where available from a source charged with auditing Amakawa’s 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;
2.3.6. notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Customer Data;
2.3.7. ensure that its personnel who access the Customer Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Data; and
2.3.8. upon termination of the Agreement, Amakawa will promptly initiate its purge process to delete or anonymize the Customer Data. If you request a copy of such Customer Data within 60 days of termination, Amakawa will provide you with a copy of such Personal Data.
2.4. In the course of providing the Service, you acknowledge and agree that Amakawa may use Subprocessors to Process the Personal Data. Amakawa’s use of any specific Subprocessor to process the Customer Data must be in compliance with Data Protection Legislation and must be governed by a contract between Amakawa and Subprocessor. A list of Subprocessors is available here.
2.5. The Customer is responsible for properly (a) configuring the Service, (b) using controls available in connection with the Service, and (c) taking such steps as Customer considers adequate to maintain appropriate security, protection, deletion and backup of Customer Data, which may include use of encryption technology to protect Customer Data from unauthorized access and routine archiving of Customer Data.
3.1. 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 Amakawa may amend this Addendum from time to time by posting the relevant amended and restated Addendum on Amakawa’s website, available at dpa and such amendments to the Addendum are effective as of the date of posting. Your continued use of the Service after the amended Addendum is posted to Amakawa’s 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.
3.2. 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.
3.3. The terms of this Addendum shall be governed by and interpreted in accordance with the laws of Singapore. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Singapore with respect to any dispute or claim arising out of or in connection with this Addendum.