Oho Experience processes certain data related to customers, their representatives, end users and customer’s subscribers. While doing so, Oho Experience acts as a processor on behalf of a customer and as a controller. This Data Processing Addendum (“DPA”) sets forth terms and conditions of such processing by Oho Experience.
The DPA forms an integral part of the Terms of Use (“Agreement”) entered into by and between Oho Experience Co., Ltd. as applicable (“Oho Experience”) and the customer, being the party to the Agreement (“Customer”).
“Applicable Data Protection Laws” means all privacy and data protection laws and regulations applicable to either party under the Agreement. Every party determines on its own its Applicable Data Protection Laws and understands that for Oho Experience and Customer Applicable Data Protection Laws may be different.
"Controller” means a person or legal entity that determines the purposes and means of the Personal Data Processing.
“Customer” means Party to the Agreement with Oho Experience. Customer may be a client, marketing agency, individual, individual entrepreneur or legal entity on behalf of which End Users use the Service.
“Customer Account Data” means Personal Data related to Customer, its representatives and End Users which Oho Experience processes as a separate Controller as more particularly described in this DPA.
“Customer Content” means Personal Data related to End Users and Customer’s Subscribers which Oho Experience processes on behalf of Customer as a Processor in the course of providing the Service, as more particularly described in this DPA.
“Customer’s Subscribers” Data Subjects with whom Customer communicates with use of the Service and(or) whose data is uploaded to the Service by Customer (customers, prospective customers, social media and messaging platform contacts or other individuals).
“Data Breach” means any confirmed unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Personal Data being Processed by Oho Experience. Data Breach does not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks or other network attacks on firewalls or networked systems.
“Data Subject” means an identified or identifiable natural person to whom Personal Data relates.
“End Users” means Customer and other Data Subjects with lawful access to the Service on behalf of or under a lawful authorization of Customer.
“Personal Data” means “personal data”, “personal information”, “personally identifiable information” or similar information defined in and governed by Applicable Data Protection Laws and means any information relating to Data Subject. Under this DPA, Personal Data covers Customer Content and Customer Account Data. If the term Personal Data is used, then such provisions apply to both Customer Content and Customer Account Data.
“Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Processor” means an entity that processes Personal Data on behalf of a Controller.
“Service” means any product or service provided by Oho Experience to Customer pursuant to the Agreement.
“Sub-processor” means any Processor engaged by Oho Experience to assist in fulfilling its obligations with respect to providing the Service pursuant to the Agreement or this DPA.
All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement.
2.1. Oho Experience as a Processor. The parties acknowledge and agree that with regard to the Processing of Customer Content, Oho Experience is a Processor acting on behalf of Customer (whether itself a Controller or a Processor). Oho Experience Processes Customer Content in accordance with Customer’s instructions as set forth in Section 2.4. Oho Experience shall Process Customer Content only for the purposes described in this DPA and only in accordance with Customer’s instructions.