Data Processing Agreement
This Data Protection Agreement (“DPA”) is an addition to Master Services Agreement for Yango Customers (“Agreement”) which could be executed by and between Yango and Customer (jointly “Parties”) in any form. In the event of a contradiction between the DPA and the Agreement, conditions of the DPA shall prevail.
- Each of the Parties acts as a separate and individual controller of personal data that it processes in connection with the conclusion, execution, amendment or termination of the Agreement. Neither Party acts as the other Party’s processor of personal data.
- Each of the Parties is obliged to comply with the requirements of the applicable data protection legislation when processing personal data received from the other Party in connection with the conclusion, execution, amendment or termination of the Agreement.
- Each of the Parties is obliged to ensure the confidentiality and security of personal data received by it from the other Party in connection with the conclusion, execution, amendment or termination of the Agreement.
- The Party which discloses (or organizes the disclosure) personal data to the other Party in connection with the conclusion, execution, amendment or termination of the Agreement is obliged to ensure that such disclosure complies with the requirements of the applicable data protection legislation.
- The Party which discloses (or organizes the disclosure) personal data to the other Party in connection with the conclusion, execution, amendment or termination of the Agreement is obliged to ensure that there is: (a) a sufficient legal basis for the disclosure of personal data to the other Party and further processing of personal data by the other Party, its affiliates and partners in accordance with https://yango.com/legal/yango_ads_privacy, including cross-border transfer to third countries that do not provide the same level of data protection as in the country of Party’s residence; (b) a notification of data subjects on the disclosure of their personal data to the other Party and the subsequent processing of personal data by the other Party, its affiliates and partners, including cross-border transfer.
- When the Сustomer discloses to Yango the information that identifies or can be used to infer a data subject's precise geographic location, such as GPS, wifi or cell tower data, the Customer is obliged to obtain the explicit consents of data subjects for the disclosure of such data to Yango and further processing of data by Yango, its affiliates and partners.
- Yango and its affiliates have the right to process personal data received from the Customer in connection with the conclusion, execution, amendment or termination of the Agreement in accordance with the Privacy Policy available at the link: https://yango.com/legal/yango_ads_privacy, including disclosing personal data to partners.
- At the request of the other Party, each of the Parties shall, within a reasonable time, provide the other Party with sufficient evidence of the fulfillment of its obligations under clauses 5-7 of the DPA.
- Each of the Parties is obliged to inform the other Party within a reasonable time about the requests of data subjects and supervisory authorities, that are directly related to the processing of personal data in connection with the conclusion, execution, amendment or termination of the Agreement. The Parties shall provide each other with the necessary reasonable assistance to prepare responses to such requests.
- Yango has the right to amend this DPA from time to time and is obliged to notify the Customer of any material changes to this DPA, unless the changes are necessary to comply with the requirements of applicable data protection legislation. Materiality of changes is determined at the discretion of Yango.
- If service agreement or terms of use or other similar document of any Yango Services specified in Master Services Agreement include its own data processing clauses or data processing agreement than such data processing clause or data processing agreement of Yango Ads service shall prevail.