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Impel Partners with Xtime to Create the Industry’s First End-to-End Conversational AI Scheduling Solution. | Details

Data Processing Agreement

Updated May 28, 2024

This Data Processing Agreement (Agreement) is made and entered by and between Augmented Reality Concepts, Inc. (d/b/a Impel), located at 344 S. Warren St., Suite 200, Syracuse, NY 13202, as a processor/service provider, and Vendor, whose name and address are set forth on the signature page, as a sub-processor/service provider (collectively the Parties). The Agreement is effective as of the last signature date of both parties (Effective Date) and governs the processing of personal data when Impel engages Vendor to carry out specific processing activities and when the European Laws and/or the Data Protection Laws apply.

SECTION I

Clause 1

Purpose and scope

Clause 2

Invariability

Clause 3

Interpretation

Clause 4

Hierarchy

In the event of a contradiction between the Agreement and the provisions of related agreements between the Parties existing at the time when the Agreement is agreed or entered into thereafter, the Agreement shall prevail. Impel’s processing of personal data is subject to the Agreement, its T&C, its Privacy Notice, and its Cookie Notice.

SECTION II

OBLIGATIONS OF THE PARTIES

Clause 5

Description of processing(s)

The details of the processing operations, in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the controller/business, Impel’s Client, are specified in Annex II.

Clause 6

Obligations of the Parties

6.1.  Instructions

6.2.  Purpose limitation

Vendor shall process the personal data only for the specific purpose(s) of the processing, as set out in Annex II, unless on further instructions from Impel’s Client, as communicated to Vendor by Impel, or from Impel.

6.3.  Duration of the processing of personal data

Processing by Vendor shall only take place for the duration specified in Annex II. After the end of the provision of the processing services, Vendor shall, at the choice of Impel, delete all the personal data processed on behalf of Impel’s Client and certify to Impel that it has done so, or return to Impel all personal data processed on its behalf and delete existing copies. Until the data is deleted or returned, Vendor shall continue to ensure compliance with the Agreement. In case of local laws applicable to Vendor that prohibit return or deletion of the personal data, Vendor warrants that it will continue to ensure compliance with the Agreement and will only process the personal data to the extent and for as long as required under that local law.

6.4.  Security of processing

6.5.  Sensitive data

If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offenses (“sensitive data”), Vendor shall apply the specific restrictions and/or additional safeguards set out in Annex III.

6.6.  Documentation and compliance

6.7.  Use of sub-processors/service providers

6.8.  International transfers

Clause 7

Assistance to the controller

SECTION III

FINAL PROVISIONS

Clause 8

Non-compliance and termination

In these cases, where required, Impel shall inform the competent regulator or supervisory authority and its Client of such non-compliance.

Clause 9

Governing Law, Choice of Forum, and Jurisdiction

IN WITNESS WHEREOF, the Parties, intending to be legally bound, have signed the Agreement on the day and year below written.

VENDOR

Name/Date

AUGMENTED REALITY CONCEPTS, INC

Name/Date

ANNEX I

List of parties

Processor/Service Provider: Augmented Reality Concepts, Inc. d/b/a Impel

Sub-Processor/Service Provider: Vendor

ANNEX II

Description of the processing

Categories of Data Subjects whose personal data is processed
Individuals who use Impel’s Products and Services
Categories of personal data processed
[TO BE COMPLETED]
Sensitive data processed (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialized training), keeping a record of access to the data, restrictions for onward transfers or additional security measures.
No sensitive data are processed.
Nature of the processing
[TO BE COMPLETED]
Purpose(s) for which the personal data is processed on behalf of the processor/service-provider on behalf of the controller/business
[TO BE COMPLETED]
Duration of the processing
[TO BE COMPLETED]

ANNEX III

Technical and organizational measures including technical and organizational measures to ensure the security of the data

Description of the technical and organizational security measures implemented by the (sub)processor(s) (including any relevant certifications) to ensure an appropriate level of security, taking into account the nature, scope, context, and purpose of the processing, as well as the risks for the rights and freedoms of natural persons.
[TO BE COMPLETED]
For transfers to (sub-)processors/service providers, also describe the specific technical and organizational measures to be taken by the (sub-)processor to be able to provide assistance to the controller
[TO BE COMPLETED]
Description of the specific technical and organizational measures to be taken by the (sub)processor/service provider to be able to provide assistance to the processor/service provider
[TO BE COMPLETED]

ANNEX IV

Address of Vendor’s list of sub-processors/service providers

The name, address, contact person’s name, position and contact details, and description of the processing (including a clear delimitation of responsibilities) for each sub-processor can be found at [TO BE COMPLETED].