Mr. Booster and Data
Mr. Booster Is Your Data Processor. You agree that you are the controller of any information acquired by your e-Commerce Platform (as defined below) and that Mr. Booster is the processor of such data, and that this Agreement constitutes your written direction and authorization for Mr. Booster to provide the Services to you, in respect of which Mr. Booster is provided access to certain Shopper data (see below). You agree that Mr. Booster is providing the Services and the use of the Plug-in to you at your request and via your website, online application, or other networked and Mr. Booster-enabled e-Commerce platform (the “e-Commerce Platform”). Further, unless there is prior written notice, which shall not include the Data Rights Access Portal or any use associated therewith, Mr. Booster has no direct contact or control over the interaction, collection of data, or obtaining of consent, among other direct interactions, with any individual who is an end customer, or any other person, using your e-Commerce Platform (“Shopper”). For the purposes of this Agreement, the terms ‘processor’ and ‘controller’ shall have the meanings defined by the Regulation (EU) 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) (hereinafter, the “GDPR”).
Obligation To Comply with Applicable Law. Mr. Booster has no direct or indirect control over the interaction with any Shopper, nor over any information that you may collect or process prior to, independently of, or concurrently with the Services. Accordingly, you agree to obtain from Shoppers using your e-Commerce Platform any necessary consents in accordance with applicable law. Further you agree that you are in compliance with applicable law, including but not limited to law respecting any Shopper’s data that is collected via your e-Commerce Platform. Mr. Booster is not liable for, and you agree to indemnify Mr. Booster for, any non-compliance with applicable law that relates to your use and processing of any non-Mr. Booster Shopper data provided that such non-compliance results from any one or series of acts and/or omissions by you, including but not limited to non-compliance relating to the collection or processing of data that was collected by you prior to, independently of, or concurrently with the Service or the operation of the Plug-in.
e-Commerce Platforms and Children. The Mr. Booster Products and Services are not designed for, and not intended to support or be used in association with either (i) commercial sales to, or commercial activities with, individuals under the age of 18, or (ii) e-Commerce Platforms that are intended or designed for interacting with individuals under the age of 18. You agree that your e-Commerce Platforms shall not be used in such a manner and that you shall take reasonable technological and administrative steps to avoid such uses.
Account. To access and use the Services and the Software, you must create an Account with a valid e-mail address. You are responsible for all activities that occur under your Account, regardless of whether the activities are undertaken by you, your employees or a third party. You will contact us immediately if you believe an unauthorized third party may be using your Account or if your Account information is lost or stolen. You may terminate your Account and this Agreement in accordance with the Section titled “Term and Termination”.
Account Information. In creating your Account, you agree to provide truthful information, including but not limited to a password as well as your name, business address and a valid email address (the “Account Information”). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. You must provide us with notice to email@example.com if your contact details change. You acknowledge that providing any false information or statement to Mr. Booster shall constitute a material breach of this Agreement.
Administrators. You will be deemed to have taken any action that occurs in association with your Account, and/or any action that you permit, assist or facilitate any person or entity to take related to this Agreement. You are responsible for any individual or entity, including but not limited to your employees, agents, representatives, and permitted contractors (each, an “Administrator”) that directly or indirectly accesses or uses your Account. You will ensure that Administrators comply with your obligations under this Agreement and that the terms of your agreement with each Administrator are consistent with this Agreement. You are responsible and liable for any act or omission of an Administrator as if committed or omitted by you. If you become aware of any violation of your obligations under this Agreement by an Administrator, you will immediately terminate such Administrators’ access to the Products.