This Setster Data Processing Addendum ("Addendum") amends the Setster Terms of Service (the "Agreement") by and between you and
Setster Inc., a US company with address: 2219 Main Street Unit 601 Santa Monica, CA 90405.
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 booking
platform (a "Client"), which Setster 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
Setster processes in the context of services that it provides directly to a consumer; and
- (d) All other capitalized terms in this Addendum shall have the same definition
as in the Terms of Service.
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 Setster based in United States. As part of providing the
Services, this Personal Data may be transferred to other regions apart from the United States. Such
transfers will be completed in compliance with relevant Data Protection Legislation.
- 2.2. When Setster Processes Personal Data in the course of providing the
Services, Setster will:
- 2.2.1. Process the Personal Data as a Data Processor, only for the
purpose of providing the Services in accordance with 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
Setster is required by law to Process the Personal Data for any other purpose, Setster will provide you
with prior notice of this requirement, unless Setster is prohibited by law from providing such notice;
- 2.2.2. Notify you if, in Setster’s 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 Setster’s
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;
- 2.2.7. And upon termination of the Agreement, Setster will promptly
initiate its purge process to delete or anonymize the Personal Data. If you require a copy of such Personal
Data this should be requested prior to termination, and Setster will provide you with a copy of such
Personal Data.
- 2.3. In the course of providing the Services, you acknowledge and agree that
Setster may use Subprocessors to Process the Personal Data. Setster’s use of any specific Subprocessor to
process the Personal Data must be in compliance with Data Protection Legislation and governed by a contract
between Setster 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
Setster may amend this Addendum from time to time by posting the relevant amended and restated Addendum on
Setster’s website, available at https://www.setster.com/legal 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 Setster’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 USA and the State of California 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 California with respect to any dispute or claim arising out of
or in connection with this Addendum.