Last updated: November 25, 2024
Please read these Data Processing Terms carefully. These terms are made part of your agreement with Gender Menace to use the services.
1. Purpose. In consideration of the parties’ mutual obligations to comply with applicable law in accordance with the Agreement, these Terms apply to Gender Menace’s processing of Personal Information on your behalf in accordance with privacy and data protection laws. Unless otherwise expressly agreed in writing between you and Gender Menace, this version of the Data Processing Terms (1) is incorporated into and subject to your Agreement, (2) shall be effective and remain in force for the term of the Agreement, and (3) in the event of any conflict between the terms of the Agreement and these Data Processing Terms, the relevant provisions of these Data Processing Terms shall take precedence.
2. Definitions.
2.1 “Agreement” means any agreement by which Gender Menace grants you the right to use the website(s) and services, including the Gender Menace Terms and Conditions.
2.2 “CCPA” means the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq., and its implementing regulations.
2.3 “Data Controller” has the meaning given to “controller” or “data controller” in accordance with applicable privacy and data protection Laws.
2.4 “Data Processor” has the meaning given to “processor” or “data processor” in accordance with applicable privacy and data protection laws.
2.5 “Data Subject” has the meaning given to “data subject” in accordance with applicable privacy and data protection laws.
2.6 “Personal Information” has the same meaning as personal data or information of or about a person, as defined in the applicable privacy and data protection laws, where such data is submitted by you to Gender Menace via the website(s) and services.
2.7 “Processing” and “process” have the meaning given in accordance with applicable privacy and data protection laws.
2.8 “Sub-processor” means any Data Processor engaged by Gender Menace.
3. Roles of the Parties. The parties acknowledge and agree that with regard to the processing of Personal Information, you are the Data Controller and Gender Menace is a Data Processor.
4. Your Processing of Personal Information. You shall, in your use of the Services, only Process Personal Information or transfer such Personal Information to Gender Menace, in accordance with the requirements of privacy and data protection laws and the website(s) and services.
5. Gender Menace’s Processing of Personal Information. Gender Menace shall only process Personal Information for the purposes and in the manner provided for in the Agreement, including these Data Processing Terms. All users acknowledge that the website(s) and services will Process Personal Information on an automated basis in accordance with your configurations, which configurations Gender Menace does not monitor or control. You instruct Gender Menace to process Personal Information for the following purposes: (i) Processing in accordance with the Agreement and your use of the website(s) and services; (ii) Processing initiated by you through the website(s) and services’ application programming interfaces (APIs) or user interfaces; (iii) Processing to comply with other reasonable documented instructions provided by you (e.g., via support tickets, email communications and chat platforms) where such instructions are consistent with the terms of the Agreement; and (iv) Processing otherwise required of Gender Menace by applicable laws. These Data Processing Terms and the Agreement contain your sole instructions to Gender Menace for the Processing of Personal Information. Gender Menace shall at all times comply with the requirements of applicable privacy and data protection laws.
6. Transfers. In the event the website(s) and services involve Personal Information collected in Canada, Gender Menace may store, transfer, and/or process such Personal Information in locations and on servers located in the United States. As a result, such Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States.
7. Correction, Amendment and Deletion of Personal Information. To the extent you, in your use of the website(s) and services, do not have the ability to correct, amend or delete Personal Information as required by privacy and data protection laws, Gender menace shall comply with any reasonable request by you to facilitate such actions to the extent Gender Menace is legally permitted to do so and has reasonable access to the Personal Information. You acknowledge that Gender Menace cannot correct, amend, or permanently delete cached copies of Personal Information hosted or stored on equipment controlled by you; and the storage and deletion of Personal Information processed by the website(s) and services occur automatically.
8. Third Party Requests. Gender Menace shall, to the extent legally permitted, promptly notify an accountholder if it receives a request, complaint, inquiry or other correspondence from a data subject, regulatory authority, or other third party in connection with Gender Menace’s processing of Personal Information. Unless required by law, Gender Menace shall not respond to any such third-party request without your prior written consent except to confirm that the third-party request relates to you and to offer to forward the request to you. Taking into account the nature of the processing and to the extent you do not have access to the relevant information through your use of the website(s) and services, Gender Menace shall, at your cost, provide you with such assistance as may be reasonably necessary and technically possible in the circumstances, to assist you in fulfilling your obligations with respect to third-party requests.
9. Gender Menace Personnel
9.1 Confidentiality. Gender Menace shall ensure that its personnel engaged in the processing of Personal Information are informed of the confidential nature of the Personal Information, have received appropriate training on their responsibilities and are subject to a duty of confidentiality.
9.2 Limitation of Access. Gender Menace shall limit its access to Personal Information to those personnel who require such access to perform the Agreement.
9.3 Access Granted. To the extent that you have granted access to your specific Personal Information to accountholders on the website(s) and services or to public postings on the website(s) and services, Gender Menace will not be subject to a duty of confidentiality for that specific Personal Information.
10. Sub-Processors.
10.1 Authorized Subprocessors. You agree that Gender Menace may engage Subprocessors to process Personal Information on your behalf.
10.2 Subprocessor Obligations. Gender Menace shall enter into a written agreement with the Subprocessor imposing data protection terms that require the Subprocessor to protect the Personal Information to the standard required by privacy and data protection laws.
11. Security.
11.1 Security Measures. Gender Menace shall implement and maintain appropriate technical and organizational security measures to protect Personal Information from security incidents and to preserve the security and confidentiality of the Personal Information, in accordance with Gender Menace’s security standards (“Security Measures”).
11.2 Updates to Security Measures. You acknowledge that the Security Measures are subject to technical progress and development and that Gender Menace may update or modify the Security Measures from time to time regardless if such updates and modifications result in the degradation of the overall security of the website(s) and services.
11.3 Your Responsibilities. Notwithstanding the above, you agree that except as provided in these Data Processing Terms, you are responsible for the secure use of the website(s) and services, including securing account authentication credentials, protecting the security of Personal Information when in transit to and from the website(s) and services and taking any appropriate steps to securely encrypt or backup any Personal Information uploaded to the website(s) and services.
11.4 Security Incident Response. Upon becoming aware of a Security Incident, Gender Menace shall provide information relating to the Security Incident as required by applicable law.
12. Limitation of Liability. Nothing in these Data Processing Terms is intended to prejudice or limit any of Gender Menace’s rights to limitations of liability afforded to data processors pursuant to privacy and data protection laws. Each party’s liability arising out of or related to these Data Processing Terms (whether in contract, tort or under any other theory of liability) is subject to the limitations of liability set forth in the Agreement.
13. Deletion of Personal Information. Upon termination or expiration of the Agreement, Gender Menace shall (at your election and expense) delete or return to you all Personal Information (including copies) in its possession or control, save that this requirement shall not apply to the extent Gender Menace is required by applicable law to retain some or all of the Personal Information, or to Personal Information it has archived on backup systems, which Personal Information Gender Menace shall securely isolate and protect from any further processing, except to the extent required by applicable law.
14. Sale of Data. Gender Menace will not (i) sell (as defined in the CCPA) any Personal Information, (ii) retain, use or disclose Personal Information for any purpose other than for the specific purpose of providing the website(s) and services to you, including retaining, using or disclosing Personal Information for a commercial purpose other than for providing the website(s) and services to you, and (iii) retain, use or disclose Personal Information outside the direct business relationship between Gender Menace and you.
15. Enforcement. If any provision of these Data Processing Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of these Data Processing Terms will remain in effect
16. Order of Precedence. In the event of any conflict or inconsistency among the following, the provisions of the following agreements, in order of precedence, shall prevail: (i) these Data Processing Terms, and (ii) the Agreement.
17. Changes to these Data Processing Terms. In consideration of Gender Menace’s ongoing obligations to comply with applicable law in the performance of the website(s) and services, Gender Menace may update these Data Processing Terms.