Terms and Conditions

Here at mybrand.center we are committed to be clear and transparent about the terms of use of our platform, including how your information and privacy is being collected, used, processed, transferred, stored and protected.

If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at support@mybrand.center.


Version 1.0 – March 29, 2021

This Data Processing Addendum, including its Schedules, (“DPA”) supplements and forms an integral part of the agreement as governed by the mybrand.center standard terms of service available at mybrand.center/legal (“Terms”) or any other agreement between Customer and mybrand.center governing the use and access of the Product (“Agreement”). This DPA reflects the parties’ agreement with regard to the Processing of Personal Data by mybrand.center on behalf of the Customer in connection with the Product. Unless otherwise defined in this DPA or the Agreement, all capitalized terms used in this DPA will have the meanings given to them in Section 1 of this DPA.

1 — Definitions

Controllermeans the entity which determines the purposes and means of the Processing of Personal Data.
Customermeans the legal entity that is a party to the Agreement with mybrand.center.
Data Protection Legislationmeans all laws and regulations applicable to the Processing of Personal Data under the Agreement.
Data Subjectmeans the identified or identifiable person to whom Personal Data relates.
EEAmeans the European Economic Area.
GDPRmeans Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Personal Datameans any information relating to an identified or identifiable natural person where such data is Processed by mybrand.center on behalf of Customer.
Processing(and all verb tenses) means any operation or set of operations which is performed on Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Sub-Processormeans a Processor engaged by mybrand.center
Standard Contractual Clausesmeans Schedule 4 attached to and forming part of this DPA pursuant to the European Commission Decision C(2010)593 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC.
Supervisory Authoritymeans an independent public authority which is established by an EU member state pursuant to the GDPR.

2 — Processing of Personal Data

3 — Instructions

4 — mybrand.center personnel

5 — security of Processing

6 — Sub-Processors

7 — Rights of Data Subject

mybrand.center will, to the extent legally permitted, notify Customer without undue delay if mybrand.center receives a request from a Data Subject to exercise the Data Subject’s rights set forth in Data Protection Legislation, especially Chapter III of GDPR (“Data Subject Request”). Taking into account the nature of the Processing, mybrand.center will assist Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Customer’s obligation to respond to Data Subject Requests under Data Protection Legislation. To the extent Customer is unable to address a Data Subject Request, mybrand.center will upon Customer’s request provide commercially reasonable efforts to assist Customer in responding to such Data Subject Request. To the extent legally permitted, Customer will be responsible for any costs arising from mybrand.center’s provision of such assistance.

8 — Assistance

Taking into account the nature of Processing and the information available to mybrand.center, mybrand.center will provide reasonable assistance and cooperation to Customer in respect of its relevant obligations under Articles 32 to 36 GDPR. To the extent legally permitted, Customer will be responsible for any costs arising from mybrand.center’s provision of such assistance.

9 — Personal Data Breach Notification

mybrand.center will notify Customer without undue delay, but always within 48 hours, after becoming aware of the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data transmitted, stored or otherwise Processed by mybrand.center or its Sub-Processors of which mybrand.center becomes aware (“Personal Data Breach”). Notification of Personal Data Breaches, if any, will be delivered by email at the email address specified for notices in the applicable Order Form, if no email address is specified, to one or more of Customer’s Product administrators. mybrand.center’s obligation to notify Customer of a Personal Data Breach is not an acknowledgement by mybrand.center of any fault or liability with regard to the Personal Data Breach. The obligations under this Section 9 do not apply to incidents that are caused by Customer or its Users.

10 — Return and Deletion of Personal Data

11 — Transfers of Personal Data to Third Countries.

12 — Limitation of liability

Each party’s liability, taken together in the aggregate, arising out of or related to this DPA, whether in contract, tort or under any other theory of liability, is subject to the ‘Limitation of Liability’ section of the Agreement, and any reference in such section to the liability of a party means the aggregate liability of that party and all of its Affiliates under the Agreement and all DPAs together.

13 — Entire Agreement, Hierarchy

Except as amended by this DPA, the Agreement will remain in full force and effect. If there is a conflict between any other agreement between the parties including the Agreement and this DPA, the terms of this DPA will take precedence to the extent of such conflict.

14 — Term and termination

This DPA shall enter into force at the same time as the Agreement and shall automatically terminate upon any termination or expiration of the Agreement.

15 — List of Schedules

Schedule 1: Details of the Processing of Personal Data

Nature and Purpose of Processing
mybrand.center will Process Personal Data as necessary to provide the Product pursuant to the Agreement and as further instructed by Customer in its use of the Product.

Duration of Processing
Subject to Section 10 of this DPA, mybrand.center will Process Personal Data for the duration of the Agreement, unless otherwise agreed upon in writing

Categories of Data Subjects
Customer may store Personal Data in the Product, the extent of which is determined and controlled by Customer in its sole discretion. The sole Personal Data required for the use of the Product relates to the following categories of Data Subjects:

Types of Personal Data
Customer may store Personal Data in the Product, the extent of which is determined and controlled by Customer in its sole discretion. The sole categories of Personal Data required for the use of the Product are:

The following data is optional:

Special categories of data
Customer may not store special categories of data in the Product(s). The Product is not intended for Customer to store sensitive categories of data, which is for the sake of clarity Personal Data with information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation, or personal data relating to criminal convictions and offences.

Schedule 2: List of Sub-Processors and mybrand.center Entities

Infrastructure provider
mybrand.center engages the following Sub-Processor(s) to host and store Customer Data.

Entity nameSub-processors activityEntity country
Microsoft AzureCloud Service ProviderThe Netherlands

Other Sub-Processors

Entity nameSub-processors activityEntity country

Other Sub-Processors
The following entities are part of the corporate structure of Supplier. Depending on the geographic location of a customer, Supplier may also engage one or more of the following entities as sub-processors:

Restyle Groep Nederland B.V.The Netherlands
Arbor Natalis B.V.The Netherlands

As mybrand.center is continuously improving its product(s), the sub-processors used may also change. Supplier will promptly update this page with any new or replacement sub-processors and notify customers before, and how, such sub-processors will process personal data. Please check back frequently for updates.

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