This document sets out the terms and conditions (the “TOS”) upon which we, Fintech Server Global Inc. will make available our Slyk technology and provide related services to you (collectively, the “Slyk Services”). By click Acceptance of the TOS, you acknowledge and agree that the same shall govern your use of the Slyk Services.
These terms form a legal agreement (the “Agreement”) between you (“you” or “Customer”) and Fintech Server Global Inc., a corporation registered in the state of Delaware, United States of America (“FSG”, “we” or “us”) (each, a “Party”, collectively, the “Parties”). Please print a copy of these terms for your record and future reference.
You will be able to manage your FSG account (“Account”). You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer and devices, and to the extent permitted by applicable law, you agree to accept responsibility for all activities that occur under your Account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner.
This Data Processing Agreement (the “DPA”), entered into by the customer of the Slyk Services (“Customer”) and Fintech Server Global (“FSG”), governs the Processing of Personal Data that Customer uploads directly or through its end users or otherwise provides FSG in connection with the Slyk Services and the Processing of any Personal Data that FSG provides to Customer in connection with the Services.
This DPA is incorporated into the relevant FSG Agreement executed by Customer, referred to generically in this DPA as the “FSG Contract”. Collectively, the DPA and the FSG Contract are referred to in this DPA as the “Agreement”. In the event of any conflict or inconsistency between any of the terms of the Agreement, the provisions of the following documents (in order of precedence) shall prevail: (a) this DPA; and b) the FSG Contract. Except as specifically amended in this DPA, the FSG Contract remain unchanged and in full force and effect.
Each party agrees to Process Customer Personal Data received under the Agreement only for the purposes set forth in the Agreement. For the avoidance of doubt, the categories of Personal Data processed and the categories of data subjects subject to this DPA are described in Schedule A to this DPA.
The parties shall each comply with their respective obligations under all applicable Data Protection Requirements and neither party shall perform their obligations under the Agreement in such a way as to cause the other party to breach any of its obligations under the Data Protection Requirements.
Customer agrees to provide instructions to FSG and determine the purposes and general means of FSG’s processing of Customer Personal Data in accordance with the Agreement.
The parties agree that on the termination of the Services or upon Customer’s reasonable request, FSG shall, and shall cause any Subprocessors to, at the choice of Customer, return all the Customer Personal Data and copies of such data to Customer or securely destroy them and demonstrate to the satisfaction of Customer that it has taken such measures, unless Data Protection Requirements prevent FSG from returning or destroying all or part of the Customer Personal Data disclosed. In such case, FSG agrees to preserve the confidentiality of the Customer Personal Data retained by it and that it will only actively process such Customer Personal Data after such date in order to comply with applicable Legislation.
FSG shall indemnify and hold harmless the Customer and its employees from and against any reasonable damages, costs, expenses (including reasonable court costs and legal fees), fines and other liabilities arising out of or resulting from any third party claims or actions resulting from a breach of this DPA or Data Protection Requirements by FSG.
This DPA shall remain in effect as long as FSG carries out Customer Personal Data Processing operations on behalf of Customer or until the termination of the FSG Contract (and all Customer Personal Data has been returned or deleted in accordance with Section 8 above).