InvoiceASAP Data Processing Addendum


Last Revised: May 24, 2018

For users who are in the EU, this InvoiceASAP Data Processing Addendum ("Addendum") amends the InvoiceASAP Terms of Use (the "Agreement") by and between you and InvoiceASAP.

1. Definitions

1.1 "Data Protection Legislation" means General Data Protection Regulation (GDPR), agreed upon by the European Parliament and Council in April 2016;

1.2 "Data Processor", "Data Subject", "Processor", "Processing", "Subprocessor", and "Supervisory Authority" shall be interpreted in accordance with applicable Data Protection Legislation;

1.3 "Personal Data" as used in this Addendum means information relating to a Data Subject (a "Customer") who engages in transactions (estimates, invoices, et. al.) with your business that InvoiceASAP processes as a Data Processor in the course of providing you with the Services; and

1.4 All other capitalized terms in this Addendum shall have the same definition as in the Agreement.

2. Data Protection

2.1. Where a Data Subject is located in the European Economic Area, that Data Subject’s Personal Data will be processed by InvoiceASAP in the United States.

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

2.2.1. Process the Personal Data as a Data Processor, only for the purpose of providing the Services in accordance with the functionalities of the Services offered by InvoiceASAP, and as agreed to by you. If InvoiceASAP is required by law to Process the Personal Data for any other purpose, InvoiceASAP will provide you with prior notice of this requirement, unless InvoiceASAP is prohibited by law from providing such notice;

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

2.2.3. 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, 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;

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

2.2.5. ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Personal Data;


2.3 In the course of providing the Services,you acknowledge and agree that InvoiceASAP may use Subprocessors to Process the Personal Data. InvoiceASAP’s use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by an agreement between InvoiceASAP and Subprocessor.

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 InvoiceASAP may amend this Addendum from time to time by posting the relevant amended and restated Addendum on InvoiceASAP’s website, available at https://manage.invoiceasap.com/dpa.php 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 InvoiceASAP’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 the State of California, without regard to its conflict of law provisions. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of California with respect to any dispute or claim arising out of or in connection with this Addendum.

Contact Us

Should you have any questions or comments, please don't hesitate to contact us at:
https://www.invoiceasap.com
1610 Harrison St. #C
Oakland, CA 94612
info@invoiceasap.com
888-548-5865