Introduction

This Data Processing Agreement ("DPA") is an appendix to the Terms of Service ("ToS") concluded between TouchApp Inc. ("TouchApp", "we", "our", "us") and the user ("User") of the SENSY.TV platform ("Service"). This DPA forms an integral part of the ToS.

Definitions

Scope and Roles

Scope

This DPA applies to the extent that TouchApp processes Personal Data on behalf of the User in the course of providing the Service.

Roles

Processing of Personal Data

Instructions

TouchApp will process Personal Data only on documented instructions from the User, including with regard to transfers of Personal Data to a third country or an international organization, unless required to do so by law.

Categories of Data

TouchApp processes the following categories of Personal Data:

Purpose of Processing

Personal Data will be processed solely for providing the Service, including:

Data Subject Rights

TouchApp will assist the User in fulfilling their obligations to respond to requests from data subjects to exercise their rights under applicable data protection laws.

Sub-processors

Authorized Sub-processors

The User grants TouchApp general authorization to engage sub-processors for processing Personal Data. The current list of sub-processors includes:

Changes to Sub-processors

TouchApp will inform the User of any intended changes to the sub-processors, giving the User the opportunity to object to such changes.

Security Measures

TouchApp will implement appropriate technical and organizational measures to ensure the security of Personal Data, including:

Data Breach Notification

In the event of a data breach, TouchApp will notify the User without undue delay and provide sufficient information to allow the User to meet any obligations to report or inform data subjects.

Data Deletion

Upon termination of the ToS, TouchApp will, at the User's choice, delete or return all Personal Data and delete existing copies unless applicable law requires storage of the Personal Data.

Audits and Inspections

TouchApp will make available to the User all information necessary to demonstrate compliance with this DPA and allow for and contribute to audits, including inspections conducted by the User or another auditor mandated by the User.

International Data Transfers

TouchApp will only transfer Personal Data to countries with an adequate level of data protection as determined by the applicable data protection laws, including to companies in the United States that are certified under the Privacy Shield framework.

Liability

TouchApp’s liability under this DPA shall be subject to the limitations and exclusions of liability set out in the ToS.

Governing Law

This DPA shall be governed by and construed in accordance with the laws of the State of Delaware, United States.

Contact Information

If you have any questions about this DPA, please contact us at:

TouchApp Inc.  
Address: 16192 Coastal Highway, Lewes,  
City: Lewes  
State: Delaware  
Zip Code: 19958  
Country: County of Sussex, USA  
Phone: +1 360 322 4986  
Email: support@sensy.tv