This Agreement is made between RCDevs Identity SA, with its principal place of business at 1, Boulevard du Jazz, L-4370 Esch-sur-Alzette, Luxembourg, herein referred to as ‘RCDevs’ and the undersigned, herein referred to as the “Customer” or “You”, who is using the YumiSign Service provided by RCDevs.
This Agreement is executed in conjunction with and supplements the RCDevs YumiSign License Agreement between RCDevs and the Customer, available at https://www.yumisign.com/license-agreement/ (“Principal Agreement”). In the event of any inconsistency or conflict between this Agreement and the Principal Agreement, the provisions of this Agreement shall prevail with respect to all matters pertaining to data protection and GDPR compliance. This includes, but is not limited to, obligations, responsibilities, and liability concerning the processing and security of Personal Data.
This Data Processing Agreement (DPA) sets out the terms and conditions for the Processing of Personal Data in connection of the provision of the YumiSign Service according to EU General Data Protection Regulation 2016/679.
“Personal Data” means any information relating to an identified or identifiable natural person processed by RCDevs on behalf of Customer and in connection with the YumiSign Service. The Personal Data are described in the Principal Agreement.
“Processing” means any operation or set of operations performed on Personal Data, whether or not by automated means.
“YumiSign Service” means the services that can be accessed on the Site by Customer pursuant to the RCDevs YumiSign License Agreement available at https://www.yumisign.com/license-agreement/ (“Principal Agreement”).
“Site” means the web site of YumiSign located at yumisign.com, and other select YumiSign domains owned by RCDevs.
“GDPR” means EU General Data Protection Regulation 2016/679.
You authorize RCDevs, solely for the purpose of performing the Principal Agreement, to carry out on your behalf the Processing of Personal Data necessary to provide the YumiSign Service.
The purpose of Processing is the provision of the YumiSign Services as described in the Principal Contract.
RCDevs shall comply with GDPR in the Processing of Customer’s Personal Data.
RCDevs shall promptly notify Customer of any government request for access to or information about RCDevs’ Processing of Personal Data, unless prohibited by applicable laws. RCDevs will provide Customer with commercially reasonable cooperation and assistance in relation to any such request if permitted by law.
RCDevs shall take reasonable steps to ensure the reliability of any employee, agent or contractor who may have access to the Customer’s Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Customer’s Personal Data, as strictly necessary for the purposes of the Principal Agreement.
RCDevs shall ensure that persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
RCDevs shall implement and maintain appropriate technical and organizational measures to protect the Personal Data from any breach.
You provide a general authorization to RCDevs to engage third-party subprocessors listed in the Privacy Policy available at https://www.yumisign.com/privacy-policy/. RCDevs shall inform You of any intended changes concerning the addition or replacement of other processors.
The infrastructure that supports the YumiSign Platform is located within the European Union.
However, for certain specific services, it may be necessary to transfer personal data to sub-processors located outside of the European Union.
RCDevs commits that any transfer of personal data to countries outside of the European Union will only be conducted with entities that are in compliance with the GDPR. RCDevs will ensure that these entities have established and maintain data protection standards and practices that are equivalent to those required under the GDPR.
RCDevs shall, to the extent legally permitted, promptly notify You if it receives a request from a data subject to exercise the data subject’s right under the GDPR or other data protection laws.
The duration of this Agreement shall align with the period during which You utilize the YumiSign Service. This Agreement commences on the date You begin using YumiSign Service and shall remain in effect until the termination of said services.
Upon termination of the YumiSign Service or upon the Customer’s request, RCDevs shall delete all the Customers’ Personal Data and destroy any existing copies, unless legally obligated to retain the Customer’s Personal Data.
RCDevs shall notify Customer without undue delay upon RCDevs becoming aware of a Personal Data breach affecting Personal Data.
Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that: (a) disclosure is required by law; or (b) the relevant information is already in the public domain.
Notwithstanding anything to the contrary in this Agreement or applicable law, RCDevs, its officers, employees, and/or license providers shall not be liable to You or anyone else for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, sales, business, or data, property damage, or loss of business information, arising out of or in connection with this Agreement, whether in a contract, tort (including negligence), breach of statutory duty, or otherwise.
However, this limitation of liability does not apply to any liability which cannot be excluded or limited by applicable data protection laws, including liability under the GDPR for breaches of data protection obligations.
In the event that any limitation or exclusion of liability provided in this Agreement is held to be invalid or unenforceable for any reason, the total liability of RCDevs, its officers, employees, and/or license providers to You under this Agreement shall be limited to the total amount paid by You to RCDevs for the YumiSign Service provided under this Agreement during the twelve (12) months immediately preceding the date of the claim.
The limitations specified in this section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. This limitation of liability reflects the allocation of risk between the parties and is an integral part of the basis of the bargain between You and RCDevs.
Any notice or other communication required or permitted under this Agreement shall be in writing and shall be deemed given when:
- Sent by Email: Sent to the email address provided by the Customer at the time of registration or as updated in the Customer’s YumiSign account settings.
- Through the Website: Posted on yumisign.com.
This Agreement shall be governed by and construed in accordance with the Luxembourg law. You expressly agree that exclusive jurisdiction for any claim or dispute with RCDevs or relating in any way to the processing of Personal Data under this Agreement resides in the courts of Luxembourg. You further agree and expressly consent to the exercise of the personal jurisdiction in courts of competent jurisdiction in Luxembourg in connection with any such dispute or claim involving data protection, GDPR compliance, or other data privacy obligations arising from this Agreement.
This Agreement constitutes the entire agreement between RCDevs and the Customer with respect to the subject matter hereof, specifically the processing of Personal Data and compliance with data protection laws, including the GDPR. This Agreement supersedes all prior agreements, understandings, and arrangements, oral or written, between the parties with respect to its subject matter.
However, it is expressly understood that this Agreement does not supersede, replace, or otherwise affect the terms and conditions of any other existing agreements between RCDevs and the Customer, including the Principal Agreement, except where there is a direct conflict in terms related specifically to data protection and GDPR compliance. In such cases, the terms of this Agreement shall prevail to the extent of the conflict.
The parties acknowledge that, except as explicitly provided in this Agreement or in cases of direct conflict as mentioned above, all terms and conditions of their other contractual agreements remain in full force and effect.
RCDevs may propose changes to this Agreement (a “Change”) by posting a revised version of this Agreement on the Site. RCDevs will provide You with at least 30 days’ notice of any proposed Changes by posting a notice on the Site and sending a direct notification to your registered email address. You will have the opportunity to review the proposed Changes during this notice period. Your continued use of the YumiSign Service after the expiration of this review period will constitute your acceptance of the revised terms.
If You do not accept the Change will be deemed to have terminated this Agreement with RCDevs after the effective date of the Change.
If You do not agree with the proposed Change, you may object to it by notifying RCDevs within the review period. In such cases, You will be deemed to have terminated this Agreement with RCDevs after the effective date of the Change.
The 30 days notice period will not apply where a Change is required by law or relates to the addition of a new service, extra functionality to the existing Service.