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Last updated: February 01, 2024
This Data Protection Addendum (“Addendum“) between LYIK Technologies Private Limited (“LYIK”) and the Customer (as defined in the Agreement) forms part of the LYIK Technologies Private Limited. Terms of Service set forth at https://www.lyik.com/TermsandConditions or such other written or electronic agreement incorporating this Addendum, in each case governing Customer’s access to and use of the Services (the “Agreement”).
Customer enters into this Addendum on behalf of itself and any Affiliates authorized to use the Services under the Agreement and who have not entered into a separate contractual arrangement with LYIK. For the purposes of this Addendum only, and except where otherwise indicated, references to “Customer” shall include Customer and such Affiliates.
The Parties hereby agree that the terms and conditions set out below shall be added as an Addendum to the Agreement.
Defenitions
In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
The terms “Business”, “Business Purpose”, “commercial purpose”, “Contractor”, "Controller", "Data Subject", "Personal Data", "Personal Data Breach", "Process", "Processor", “Sell”, “Service Provider”, “Share”, “Subprocessor”, "Supervisory Authority", and “Third Party” have the same meanings as described in applicable Data Protection Laws and cognate terms shall be construed accordingly. Capitalized terms not otherwise defined in this Addendum shall have the meanings ascribed to them in the Agreement.
Roles of the Parties
The Parties acknowledge and agree that with regard to the Processing of Customer Personal Data, and as more fully described in Annex 1 hereto, Customer acts as a Business or Controller, and LYIK Technologies Private Limited acts as a Service Provider or Processor. This Addendum shall apply solely to the Processing of Customer Personal Data by LYIK Technologies Private Limited acting as a Processor, Subprocessor, or Third Party (as specified in Annex 1). The Parties expressly agree that Customer shall be solely responsible for ensuring timely communications to Customer's Affiliates or the relevant Controller(s) who receive the Services, insofar as such communications may be required or useful in light of applicable Data Protection Laws to enable Customer's Affiliates or the relevant Controller(s) to comply with such Laws.
Description and Purpose of Personal Data Processing
In Annex 1 to this Addendum, the Parties have mutually set out their understanding of the subject matter and details of the Processing of the Customer Personal Data to be Processed by LYIK Technologies Private Limited pursuant to this Addendum. The Parties may make reasonable amendments to Annex 1 on mutual written agreement and as reasonably necessary to meet those requirements. Annex 1 does not create any obligation or rights for any Party. The purpose of Processing under this Addendum is the provision of the Services pursuant to the Agreement and any Order Form(s).
Data Processing Terms
Customer shall comply with all applicable Data Protection Laws in connection with the performance of this Addendum and the Processing of Customer Personal Data. In connection with its access to and use of the Services, Customer shall Process Customer Personal Data within such Services and provide LYIK Technologies Private Limited with instructions in accordance with applicable Data Protection Laws. As between the Parties, Customer shall be solely responsible for compliance with applicable Data Protection Laws regarding the collection of and transfer to LYIK Technologies Private Limited of Customer Personal Data. Customer agrees not to provide LYIK Technologies Private Limited with any data concerning a natural person's health, religion or any special categories of data as defined in Article 9 of the GDPR. LYIK Technologies Private Limited shall comply with all applicable Data Protection Laws in the Processing of Customer Personal Data and LYIK Technologies Private Limited shall:
Restricted Transfers
The parties agree that when the transfer of Customer Personal Data from Customer and/or any of its Affiliates (as exporter) to LYIK Technologies Private Limited(as importer) is a Restricted Transfer and EU Area Law applies, the transfer shall be subject to the appropriate Controller to Processor SCCs, which shall be deemed incorporated into and form part of this Addendum as follows:
LYIK Technologies Private Limited shall not participate in any other Restricted Transfers of Customer Personal Data (whether as an importer or an exporter of the Customer Personal Data) unless the Restricted Transfer is made in compliance with applicable Data Protection Law and pursuant to the relevant Standard Contractual Clauses implemented between the relevant exporter and importer of the Customer Personal Data, as necessary in order to comply with applicable Data Protection Law
Precedence
The provisions of this Addendum are supplemental to the provisions of the Agreement. In the event of any inconsistency between the provisions of this Addendum and the provisions of the Agreement, the provisions of this Addendum shall prevail. In the event that any provision of this Addendum and/or the Agreement contradicts, directly or indirectly, the Controller to Processor SCCs, the Controller to Processor SCCs will control.
Indemnity
To the extent permissible by law, Customer shall (a) defend LYIK Technologies Private Limited and its Affiliates (collectively, “Indemnified Parties”) from and against any and all claims, demands, suits, or proceedings made or brought against any of the Indemnified Parties by any third party (each, a “Claim”), and (b) indemnify and hold harmless the Indemnified Parties from and against any and all losses, damages, liabilities, fines and administrative fines, penalties, settlements, and costs and expenses of any kind (including, without limitation, reasonable legal, investigatory and consultancy fees and expenses) incurred or suffered by any of the Indemnified Parties, in each case arising from any breach by Customer of this Addendum or of its obligations under applicable Data Protection Laws. LYIK Technologies Private Limited may participate in the defense and/or settlement of a Claim under this Section 7.1 with counsel of its choosing at its own expense.
Severability
The Parties agree that, if any section or sub-section of this Addendum is held by any court or competent authority to be unlawful or unenforceable, it shall not invalidate or render unenforceable any other section of this Addendum.
Miscellaneous
The Addendum considers the following and follows:
1. Privacy by Design and default
2. Achieving security of Processing
3. Notification of breaches involving Customer Personal Data to the relevant Supervisory Authority
4. Notification of breaches involving Customer Personal Data to Customer
5. Conducting Privacy Impact Assessment where appropriate and required by applicable Data Protection Law
6. Assurance of LYIK's assistance by if prior consultations with relevant Supervisory Authorities are needed and required by applicable Data Protection Laws.
LYIK Technologies Private Limited shall comply with all statutory and regulatory requirements, ISO 27001:2013, ISO 27701:2019 and EU GDPR In the event a Data Subject wishes to exercise its data subject rights under applicable Data Protection Law, including, but not limited to, a data subject’s right of access, correction and/or erasure of its Personal Data in LYIK's control, the Data Subjects can submit such request done by contacting LYIK's Data Protection Officer (DPO) below. Also for raising concerns and/or any complaints related to the Customer Personal Data that can be done by contacting the Data Protection Officer below: Name: Suveer Nagendra Email ID: [email protected] There are no Temporary files getting generated during processing.
Description of Processing Activities for Customer Personal Data
This Annex includes certain details of the Processing of Customer Personal Data by LYIK Technologies Private Limited in connection with the Services.
Name: | Customer (as defined in the Agreement) |
Address: | As set forth in the relevant Order Form. |
Contact person’s name, position and contact details: | As set forth in the relevant Order Form. |
Activities relevant to the data transferred under these Clauses: | Recipient of the Services provided by LYIK Technologies Private Limited in accordance with the Agreement. |
Signature and date: | Signature and date are set out in the Agreement. |
Role (controller/processor): | Controller |
Name: | LYIK Technologies Private Limited. |
Address: | No.65, Chaithanya Deepa, C.V.Raman Nagar, Bhuvaneshwari Nagar, Bangalore North, Bangalore, Karnataka, IN - 560093 |
Contact person’s name, position and contact details: | Suveer Nagendra [email protected] |
Activities relevant to the data transferred under these Clauses: | Provision of the Services to the Customer in accordance with the Agreement. |
Signature and date: | Signature and date are set out in the Agreement. |
Role (controller/processor): | Processor |
Identify the competent supervisory authority/ies in accordance (e.g. in accordance with Clause 13 SCCs) | As determined by application of Clause 13 of the EU SCCs. |
Categories of data subjects whose personal data is transferred | Customer’s authorized users of the Services |
Categories of personal data transferred | Processed automatically by the Services: · Names · email IDs Processed where and to the extent provided by Customer or its authorized users in connection with audit services provided by LYIK: · address · date of birth · past employment details |
Categories of personal data transferred | Processed automatically by the Services: · Names · email IDs Processed where and to the extent provided by Customer or its authorized users in connection with audit services provided by LYIK: · address · date of birth · past employment details |
Sensitive personal data transferred | None |
Frequency of the transfer | Continuous |
Sensitive personal data transferred | None |
Nature of the processing | The nature of the processing is more fully described in the Agreement and accompanying order forms but will include the following basic processing activities: The provision of Services to Customer. In order to provide people data, LYIK Technologies Private Limited receives identifying Customer Personal Data to permit LYIK Technologies Private Limited to query, cleanse, standardize, enrich, (when required) send additional data to feed providers, and to store the query information. |
Purpose of the data transfer and further processing | The purpose of the transfer is to facilitate the performance of the Services more fully described in the Agreement and accompanying order forms. |
For processing involving California consumers, please select the Business Purpose(s) for Processing Personal Data | ☐ N/A ☐ Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards ☒ Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes ☒ Debugging to identify and repair errors that impair existing intended functionality. ☐ Short-term, transient use, including, but not limited to, non personalized advertising shown as part of a consumer’s current interaction with the business, provided that the consumer’s personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business ☒ Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similarservices on behalf of the business. ☐ Providing advertising and marketing services, except for cross-context behavioral advertising, to the consumer provided that, for the purpose of advertising and marketing, a service provider or contractor shall not combine the personal information of opted-out consumers that the service provider or contractor receives from, or on behalf of, the business with personal information that the service provider or contractor receives from, or on behalf of, another person or persons or collects from its own interaction with consumers. ☒ Undertaking internal research for technological development and demonstration. ☒ Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business. ☒ To retain and employ another service provider or contractor as a subcontractor where the subcontractor meets the requirements for a service provider or contractor under CCPA. ☒ To build or improve the quality of the services it is providing to the business even if this Business Purpose is not specified in the written contract required by CCPA provided that Service Provider does not use the Customer Personal Data to perform Services on behalf of another person. ☒ To prevent, detect, or investigate data security incidents or protect against malicious, deceptive, fraudulent, or illegal activity, even if this Business Purpose is not specified in the written contract. |
Period for which the personal data will be retained or criteria used to determine that period | The period for which the Customer Personal Data will be retained is more fully described in the Agreement, Addendum, and accompanying order forms. |
Subprocessor transfers – subject matter, nature, and duration of processing | The subject matter, nature, and duration of the Processing more fully described in the Agreement, Addendum, and accompanying order forms. |
Description of the technical and organisational security measures implemented by LYIK Technologies Private Limited as the data processor/data importer to ensure an appropriate level of security, taking into account the nature, scope, context, and purpose of the processing, and the risks for the rights and freedoms of natural persons.
LYIK's Sub-processors
Name of Sub-procesor | Description of Processing | Location of Sub-processor |
---|---|---|
Microsoft Azure | Running the Production environment including the Application and Databases | India |
Google Workspace | Email services | India |
Sendgrid | Email Services | USA |
ZOHO | Invoicing Solutions | India |
Atlassian | Work Management | USA |
Github | Code Version Control | USA |
Slack | Messaging | USA |
If you have any questions, You can contact us:
By email: [email protected]
By visiting this page on our website: www.lyik.com
By phone number: +91 94481 84644
By mail: LYIK Technologies Private Limited, No.65, CHAITHANYA DEEPA, Bhuvaneshwari Nagar, C.V.Raman.Nagar Post, Bangalore Karnataka, India, 560093