This Plaza AI Data Processing Addendum (“Addendum”) amends the Plaza AI Terms of Service and any other terms that incorporate by reference this Addendum (together, the “Agreement”) by and between you and Plaza AI Inc., an American corporation with offices in Seattle Washington, on behalf of itself, (“Plaza AI”).
(a) “European Data Protection Laws” means European Union Regulation 2016/679 (the “General Data Protection Regulation”), the UK Data Protection Act 2018 (“DPA”), the UK General Data Protection Regulation as defined by the DPA as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (together with the DPA, the “UK GDPR”), and any relevant law, statute, regulation, rule or other binding instrument which implements the above or otherwise relates to data protection, privacy, data security or the processing of Personal Data in any European member state or the United Kingdom, in each case as applicable and in force, and as amended, consolidated, re-enacted or replaced from time to time.
(b) “Personal Data” shall be interpreted in accordance with European Data Protection Laws and US Data Protection Laws, as applicable, and relating to an identifiable or identified individual who visits or engages in transactions through your store (a “Customer”), which Plaza AI Processes as a Data Processor or Service Provider (as defined under such laws) in the course of providing you, as a Data Controller or Business (as defined under such laws), with the Services. The term “Personal Data” shall also include “Personal Information” as defined under US Data Protection Laws. Notwithstanding the foregoing sentence, Personal Data does not include information that Plaza AI processes in the context of services that it provides directly to a consumer.
(c) “US Data Protection Laws” means the California Consumer Privacy Act as amended by the California Privacy Rights Act (“CCPA”), the Virginia Consumer Data Protection Act (“VCDPA”), the Colorado Privacy Act (“CPA”), the Utah Consumer Privacy Act (“UCPA”) the Connecticut Act Concerning Personal Data Privacy and Online Monitoring (“CTDPA”), and other similar comprehensive state privacy laws that place obligations on a Business or Controller in relation to Personal Data (as defined under such laws), and any relevant regulation, rule or other binding instrument which implements such laws, in each case as applicable and in force, and as amended, consolidated, re-enacted or replaced from time to time.
(d) “US Consumer” means an individual that is a “consumer” as defined under US Data Protection Laws.
(e) All other capitalized terms in this Addendum shall have the same definition as in the Agreement.
2.1. The parties agree that Appendix 1 of this Addendum describes the subject matter and details of the processing of Personal Data. Plaza AI may aggregate, anonymize or deidentify Personal Data and process such data for the purposes set out in Appendix 1 or as otherwise permitted by applicable law. To the extent Plaza AI receives from you Personal Data that has been Deidentified (as defined in section 5.1 of this Addendum), Plaza AI will maintain and use the data only in a Deidentified fashion.
3.1. This section applies only to the extent that Plaza AI’s Processing of Personal Data is subject to European Data Protection Laws. In this section, “Data Processor”, “Data Controller”, “Data Subject”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with the European Data Protection Laws.
3.2. You acknowledge that Plaza AI acts as an independent Data Controller with regards to personal data that it collects from consumers in connection with its consumer-facing applications.
3.3. As part of providing the Services, Personal Data may be transferred to other regions, including to the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.
3.4. When Plaza AI Processes Personal Data in the course of providing the Services, Plaza AI will:
3.5. In the course of providing the Services, you acknowledge and hereby grant Plaza AI general written authorisation to use Subprocessors, (“Subprocessor”), to Process the Personal Data.
3.6. You warrant that you have complied and continue to comply with European Data Protection Laws, in particular, you have obtained any necessary consents or given any necessary notices and otherwise have a legitimate ground to disclose data to Plaza AI and enable the processing of Personal Data by Plaza AI as set out in this Agreement.
4.1. This section applies only to the extent that, for purposes of the US Data Protection Laws, you are a Business or Controller and in the course of providing the Services, Plaza AI processes Personal Data about US Consumers that is subject to US Data Protection Laws. In this section, “Business”, “Business Purpose”, “Commercial Purpose”, ' “Controller”, “Deidentified”, “Processor”, “Sell”, “Sale”, “Service Provider” shall have the meanings ascribed to them in US Data Protection Laws, and “Share” shall have the meaning ascribed to it in the CCPA, are incorporated herein by reference.
4.2. With respect to such Personal Data, and to the extent required by applicable US Data Protection Laws, Plaza AI will:
4.3. You represent and warrant that you:
4.4 You and Plaza AI agree that the existence of this Addendum does not constitute an admission that sharing of Personal Data constitutes a Sale or a Share.
5.1. In the event of any conflict or inconsistency between the provisions of the Agreement and this Addendum, the provisions of this Addendum shall prevail, unless such provisions contradict a requirement under applicable law, in which case such requirement 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 Plaza AI may amend this Addendum from time to time by posting the relevant amended and restated Addendum on Plaza AI’s website, available at https://plazaai.co/legal/dpa 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 Plaza AI’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.
5.2. 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.
5.3. The terms of this Addendum shall be governed by and interpreted in accordance with the laws of the State of Washington and the laws of the United States 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 Washington with respect to any dispute or claim arising out of or in connection with this Addendum.
Nature and purpose of processing: To provide and improve the Services under the Plaza AI Terms of Service and any other terms that this Addendum is incorporated into, provide any related support to Customer, as otherwise permitted under European Data Protection Laws or US Data Protection Laws, as applicable, or as initiated by you from time to time.
Subject Matter, Types of Personal Data and Categories of Data Subjects: Personal Data relating to Customers.
Duration of processing: The term of this Addendum plus the period from the end of the term until deletion of all Customer Personal Data by Plaza AI in accordance with its obligations under this Addendum.