THIS DATA PROCESSING AGREEMENT (the “Agreement“) is entered into by and between:the “Client” andAMMA FAMILY BR LTDA, a legal en
tity formed and existing under the laws of Federative Republic of Brazil, business (registered) address: cidade de São Paulo/SP, Estado de São Paulo, Rua Coronel Melo de Oliveira, 424, Perdizes, CEP 05011-040, Companies Registration Identification Number (NIRE): 35261753974, Tax ID (CNPJ): 51.408.966/0001-01, also acting on behalf of its Affiliates (the “AMMA FAMILY BR
hereinafter jointly referred to as "Parties" and individually referred to as "Party".
This Agreement is an integral part of the TERMS AND CONDITIONS FOR ADVERTISING in Pregnancy Tracker Mobile Application
(A) AMMA FAMILY BR owns, controls, and operates the Apps that help women, including but not limited to pregnant women track their pregnancy and parents capture their newborns’ milestones and the Client wishes to expand its audience and target its promotional activities on the App Users;(B) In order to achieve the above goal the Parties have entered into an advertising agreement based on the Terms and a corresponding Advertising Order(s) to place the Client’s Registration Field in the Apps (the “Principal Agreement”) that requires certain User Data to be processed by AMMA FAMILY BR as Processor;(С) The Client acts in the capacity of a Data Controller;
(D) The Parties seek to implement an agreement that complies with the requirements of the current legal framework in relation to Personal Data processing;
(E) The Parties wish to lay down their rights and obligations in that regard.IT IS AGREED AS FOLLOWS:
1. Definitions and Interpretation
1.1. Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:
” means with respect to a specified entity, an entity that directly or indirectly through one or more intermediaries, is controlled by such specified entity or controls the specified entity, or are under common control with the specified entity, in each case where the term “control” means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract interest or otherwise.
” means this Agreement and all Schedules.
” means the mobile applications ‘AMMA Pregnancy Tracker’ owned, controlled and operated by the AMMA FAMILY BR and/or its Affiliates that are published and can be downloaded at the following links:
- Google Play
1.1.4. “App Users
2. Subject Matter of the Agreement 2.1. The Client hereby instructs AMMA FAMILY BR as Processor to Process the User Data of App Users for and on behalf of the Client as Data Controller. 2.2. The User Data to be Processed, as well as the timeframe of Processing and any additional terms shall be laid out in the Advertising Order form(s) which constitute the Principal Agreement.
5. General Terms 5.1. The Term of this Agreement. The Term of this Agreement shall be equal to the term of the Principal Agreement. 5.2. Confidentiality. 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;(b) the relevant information is already in the public domain. 5.3. Notices. All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out in the heading of this Agreement at such other address as notified from time to time by the Parties changing address. 5.4. The PARTIES acknowledge and represent, on an irrevocable and irreversible basis, that this AGREEMENT is an executive title under the terms of art. 585, Item II, of the CCP, and can be claimed in whole or in part by any of the contracting Party, without benefit of order.