Data Processing Addendum

Our Data Processing Addendum (“DPA”) has been revised to align with Article 28, incorporating new provisions to support our customers in meeting GDPR compliance. If your organization is based in the EU or falls under similar state regulations, B2BBOTS’ Terms of Service govern its use. B2BBOTS has integrated this DPA, which is applicable to personal data processing and compliant with GDPR regulations.

Since B2BBOTS does not allow for negotiation of its Terms of Service or Data Processing Addendum, by using the platform, you are entering into a legally binding contract with B2BBOTS as a data processor.

This B2BBOTS Data Processing Addendum (“Addendum”) amends the B2BBOTS Terms of Service (the “Agreement”) by and between you and B2BBOTS, a AUD operator located at Dressage Avenue, Woodcroft, South Australia 5162, Australia, and forms part of the Master Services Agreement or Terms of Service available at https://b2bbots.com/terms-of-service or such other location as the Terms of Service may be posted from time to time (as applicable, the “Agreement”), entered into by and between the Customer and B2BBOTS.

The aim of this Data Processing Agreement (DPA) is to outline the parties’ agreement on how personal data will be processed in compliance with Data Protection Legislation. This DPA does not override any specific agreements or addendums related to personal data processing that have been individually negotiated by the Customer and referenced in the main Agreement. If you need more details, please contact us at support@b2bbots.com.

1. Definitions

(a) “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);

(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 transactions through your website (a “Customer”), which B2BBOTS Processes as a Data Processor in the course of providing you with the Services. Notwithstanding the foregoing sentence, Personal Data does not include information that B2BBOTS processes in the context of services that it provides directly to a consumer.

2. Data Protection

2.1. B2BBOTS processes personal data solely on behalf of its customers, adhering to their directives, especially for Data Subjects in the European Economic Area, the UK, and Switzerland. If a Data Subject wishes to access, correct, amend, or delete their personal data under the EU-U.S., Swiss-U.S., or UK-EU Data Privacy Frameworks, they should approach the respective B2BBOTS customer. B2BBOTS will assist the customer in responding to such requests. Additionally, for personal data that B2BBOTS uses for account management, billing, or marketing purposes, Data Subjects may directly request B2BBOTS to correct, amend, or delete their data if it is inaccurately processed or in violation of the aforementioned frameworks, subject to certain limitations.

2.2. When B2BBOTS Processes Personal Data in the course of providing the Services, B2BBOTS will:

2.2.1. 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 B2BBOTS is required by law to Process the Personal Data for any other purpose, B2BBOTS will provide you with prior notice of this requirement, unless B2BBOTS is prohibited by law from providing such notice;

2.2.2. Notify you if, in B2BBOTS’ opinion, your instruction for the processing of Personal Data infringes applicable Data Protection Legislation;

2.2.3. Notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to B2BBOTS’ Processing of the Personal Data;

2.2.4. 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;

2.2.5. Notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;

2.2.6. 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

2.2.7. Upon termination of the Agreement, B2BBOTS will promptly initiate its purge process to delete or anonymize the Personal Data.

2.3. In the course of providing the Services, you acknowledge and agree that B2BBOTS may use Subprocessors to Process the Personal Data. B2BBOTS’ 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 B2BBOTS and the Subprocessor. For a list of subprocessors, please send a request to: support@b2bbots.com.

3. Miscellaneous

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 B2BBOTS may amend this Addendum from time to time by posting the relevant amended and restated Addendum on B2BBOTS’ website, available at https://b2bbots.com/terms-of-service, 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 B2BBOTS’ 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 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 the State of South Australia and the laws of Australia applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of South Australia with respect to any dispute or claim arising out of or in connection with this Addendum.