JumpDEMAND, Inc. GDPR Addendum

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTANCE. BY SELECTING “I ACCEPT”, YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS AND CONDITIONS IN THIS ADDENDUM. YOU REPRESENT THAT YOU HAVE THE AUTHORITY AND POWER TO BIND A COMPANY OR LEGAL ENTITY IN THE CASE YOU ENTER THIS AGREEMENT ON BEHALF OF A COMPANY OR LEGAL ENTITY. IF YOU DO NOT AGREE TO EACH TERM AND CONDITION OF THIS ADDENDUM, SELECT “I DECLINE”. YOU MAY NOT USE THESE SERVICES WITHOUT ACCEPTING THE TERMS AND CONDITIONS OF THIS ADDENDUM.

Upon selecting “I Accept” you (the “Subscriber”) and JumpDEMAND Inc. (the “Service Provider”) are bound by this Addendum on the later of (a) the time/date the Subscriber selects “I Accept” and (b) 25 May 2018 (the “Addendum Effective Date”).

Background

(A) The Subscriber and the Service Provider are parties to an existing Agreement, pursuant to which the Service Provider provides the Services.
(B) The Service Provider is incorporated in Alberta, Canada. The Service Provider is not subject to the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”) but is subject to the Personal Information Protect Act (Alberta) (“Alberta PIPA”), in respect of the collection, use and disclosure of personal information that occurs in Alberta. Alberta PIPA is provincial legislation that is deemed to be substantially similar to PIPEDA, and an exemption order was granted by the Federal Government, exempting organizations from PIPEDA application in respect of the collection, use and disclosure of personal information that occurs within the Province of Alberta. The possibility of such an exemption is referred to in recital 6 of the European Commission’s adequacy decision in respect of Canada dated 20 December 2001: http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32002D0002. Moreover, PIPEDA applies where personal information collected in Alberta is disclosed across provincial borders. However to cover the possibility that this combination of Alberta PIPA/PIPEDA does not afford adequate data protection for transfers of personal data from Europe, the Service Provider offers its subscribers in the European Economic Area a separate pre-signed Model Clause Agreement.
(C) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 came into force on 24 May 2016 and becomes directly appli