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Attaquer Policies

Introduction to this Amendment

Processing personal data in a secure, fair, and transparent way is extremely important to us at Attaquer. As part of this effort, we process personal data in accordance with the EU’s General Data Protection Regulation (“GDPR”), the EU/US Privacy Shield principles (“Privacy Shield”), the laws of Australia governing the handling of various types of personal data, and industry standards, such as PCI.

To better protect individuals’ personal data, we are providing these terms to govern Attaquer’s and your handling of personal data (the “Data Processing Amendment” or “DPA”). This DPA amends and supplements your Terms of Use (“ToU”) and requires no further action on your part. If you do not agree to this DPA, you may discontinue the use of Attaquer’s services and cancel your account (if you have created one).

Definitions

It is important that all parties understand what data and whose data is protected under this DPA. Each party has respective obligations to protect personal data; the following definitions explain the scope of this DPA and the mutual commitments to protect personal data.

“Attaquer”, “we”, “us”, or “our”
The provider of the Attaquer website, products and services.
“You” or “Customer”
The individual, company or organisation that uses the Attaquer website, orders Attaquer products, signs up for an account on the Attaquer website or to our mailing lists.
“Party”
Refers to Attaquer and/or the customer depending on the context.
“Personnel”
Individuals employed by or under contract to perform a service on behalf of one of the parties. Personnel may have rights in their personal data (including business contact information) if they reside in the EU.
“Data Subjects”
Individuals residing in the EU who are consumers or users of Attaquer’s goods or services, as well as any personnel who reside in the EU.
“Personal Data”
As in the GDPR: any data relating directly or indirectly to an identifiable data subject. Excludes anonymised, aggregated, de-identified and/or generic data that does not identify an individual.
“Processing”
As in the GDPR: including collecting, recording, using, storing, amending, adapting, disclosing, transferring or transmitting, structuring, combining, deleting or destroying personal data (“Process”/“Processed”).
“Controller”
The party that determines the purposes and means of processing personal data — the customer is the controller with respect to consumer personal data. Each party may be the controller of personal data it processes about the other’s personnel.
“Processor”
The party that processes personal data on behalf of the controller — Attaquer is the processor of the personal data we process about you.
“Sub-processor”
Third-party independent contractors, vendors and suppliers who provide specific services related to the Attaquer website and our services (e.g., hosting, credit card processing, fraud screening, mailing list hosting).
“Incident”
(a) A complaint or request with respect to the exercise of an individual’s rights under the GDPR; (b) an investigation into or seizure of personal data by government officials, or a specific indication that such an investigation or seizure is imminent; or (c) any breach of the security and/or confidentiality set out in this DPA leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, or any indication of such breach having taken place or being about to take place.

For readability, we do not use initial capitalisation of defined terms in this DPA. Defined terms are defined terms, irrespective of their format.

1. Undertakings regarding personal data

Each party agrees that personal data shall be treated as confidential information under this DPA and shall at all times comply with applicable data-protection laws in the relevant jurisdiction. Personal Data shall remain the property of the disclosing party. Attaquer acknowledges that it is the controller and maintains control over data subjects’ personal data.

Attaquer will process customer personal data only to the extent strictly necessary for providing the services in accordance with the ToS and any further written instructions from the customer that are mutually agreed upon in writing. Attaquer agrees that:

  • It will implement and maintain a reasonable and appropriate security program comprising adequate technical and organisational measures to protect against unauthorised, unlawful or accidental processing, use, erasure, loss or destruction of, or damage to, customer personal data.
  • It will not modify, alter, delete, publish or disclose any customer personal data to any third party, nor allow any third party to process such personal data on Attaquer’s behalf unless the third party is bound to similar confidentiality and data-handling provisions.
  • Only personnel who “need-to-know” will be given access to customer personal data to the extent necessary to perform obligations under the ToS; Attaquer shall provide adequate training and ensure compliance with this DPA.
  • It will process customer personal data only as necessary to perform obligations under the ToS, upon written instructions of the customer (as mutually agreed), and in accordance with applicable laws.

Upon termination of your account Attaquer will delete, destroy, or anonymise the personal data in accordance with our standard backup and retention policy per the ToS, normally no later than 60 days, unless retention is required by Australian State or Federal laws.

The parties acknowledge that customer may from time to time possess personal data relating to Attaquer’s personnel. Attaquer warrants it has provided all necessary notifications and obtained all necessary consents, authorisations, approvals and/or agreements required by applicable law to enable (i) the disclosure of Attaquer’s personal data to customer; and (ii) further processing of such personal data by customer.

2. Customer undertakings and Attaquer’s assistance

Customer warrants it has all necessary rights to provide to Attaquer the personal data for processing in connection with the provision of Attaquer’s services. Attaquer shall assist the customer by implementing appropriate technical and organisational measures, insofar as reasonably and commercially possible (in Attaquer’s sole determination), in fulfilling customer’s obligations to respond to individuals’ requests to exercise rights under the GDPR.

As stated in our Privacy Policy, the customer consents to Attaquer engaging sub-processors to process customer personal data for the permitted purpose of providing contracted products and services, provided that:

  • Attaquer will maintain an up-to-date list of its sub-processors and update it with any change at least 10 days prior to such change; and
  • Attaquer will impose data-protection terms on any sub-processor as required to protect customer personal data to the standard required by the GDPR.

Customer may object to Attaquer’s appointment or replacement of a sub-processor on reasonable data-protection grounds. In such event, Attaquer will either not appoint/replace the sub-processor, or if not possible, customer may suspend or terminate the service. Upon written request, Attaquer shall make available information reasonably necessary to demonstrate compliance with this DPA.

3. Incident Management

When either party becomes aware of an incident that impacts the processing of personal data, it shall promptly notify the other and reasonably cooperate to enable a thorough investigation, formulate a response, and take suitable further steps. Both parties shall maintain written procedures enabling prompt responses.

Where an incident is reasonably likely to require a data-breach notification under applicable laws, the party responsible shall notify the other without undue delay after becoming aware of the incident.

Notifications shall be made to info@attaquercycling.com (to Attaquer) and to our point of contact with you (to the customer), and shall include: (i) a description of the nature of the incident, including, where possible, the categories and approximate number of individuals and records concerned; (ii) contact details for more information; (iii) a description of likely consequences; and (iv) measures taken or proposed to address the incident, including mitigation steps.

4. Liability and Indemnity

Each party indemnifies the other and holds them harmless against all claims, actions, third-party claims, losses, damages and expenses incurred by the indemnified party and arising directly or indirectly out of or in connection with a breach of this DPA.

5. Duration and Termination

This DPA came into effect on May 25, 2018 and continues until changed or terminated in accordance with the ToU. Termination or expiration of this DPA shall not discharge the parties from the confidentiality obligations herein.