Effective May 24, 2018.
We partner with third party publishers, advertising networks and service providers to manage our ads on other sites. Our third party partners may set cookies on your device or browser to gather information about your activities on the Services and other sites you visit, in order to provide you with Elink.io ads. For example, if you visit elink.io and also use a social media platform, you may see a Elink.io ad in your social media newsfeed or timeline.
You can set your browser to not accept cookies, but this may limit your ability to use the Services. We currently don’t respond to DNT:1 signals from browsers visiting our Services. You can also opt out of receiving interest-based ads from certain ad networks here (or if located in the European Union, here).
We use device identifiers on elink.io web and mobile applications to track, analyze and improve the performance of the Services and our ads.
We use and manage third party tags on the website and associated domains of https://elink.io and on elink.io web and mobile applications. Third party tags may take the form of pixels or tracking snippets. We use pixels to learn how you interact with our site pages and emails, and this information helps us and our ad partners provide you with a more tailored experience. We use tracking snippets to capture data from your browser, make requests to a third party partner or set cookies on your device to store data. For example, if you see a elink.io ad on a social media platform and choose to use Elink.io, we may use a tag to reduce the number of elink.io ads you see on that platform. We use Google Tag Manager to manage our third party tag usage. This may cause other tags to be activated which may, for their part, collect data and set cookies under certain circumstances. Google Tag Manager does not store this data.
For information about the cookies and similar technologies used on Your Sites click here.
elink reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice or by sending you notice through the Services or by e-mail. elink may also impose limits on certain features of the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances, use the Services. elink may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
If you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis. You may, however, cancel your subscription before the next billing cycle in accordance with these Terms, but no credits or refunds will be available. To the extent elink has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.
In order to access certain areas of or participate in certain activities contained on the Websites and/or the Services, we may require you to create an account ("Account"). You acknowledge and agree that you have no ownership or other proprietary interest in the Account. To create an Account, we may ask or require you to provide us with certain personal information (e.g., your name and e-mail address). Providing us with your personal information is your choice. Each time you decide to provide us with your personal information, you agree to: (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your current e-mail address), and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your access to and use of the Websites and/or the Services (or any portion thereof) or your participation in any activity contained on or available through the Websites and/or any Third Party Platform.
You are solely responsible for the activity that occurs on your Account, and for keeping your Account secure. You are not permitted to use another Account without permission. You must notify us immediately of any breach of security or other unauthorized use of your Account. You should never publish, distribute or post login information for your Account.
As elink asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by elink violates your copyright, you are encouraged to notify elink in accordance with elink Digital Millennium Copyright Act (“DMCA”) Policy. elink will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. elink will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of elink or others. In the case of such termination, elink will have no obligation to provide a refund of any amounts previously paid to elink.
The Services may permit you to link to other websites, services or resources on the Internet, such as Twitter and Facebook, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under the control of elink, and you acknowledge that elink is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by elink or any association with its operators. You further acknowledge and agree that elink shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
You may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You shall defend, indemnify, and hold harmless elink, its affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or which otherwise arise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. elink reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with elink in asserting any available defenses.
IN NO EVENT SHALL elink, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SUCH LIABILITY EXCEED ANY DAMAGES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00) IN THE AGGREGATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of San Francisco County, California.
If you are a subscriber to the Service, to the extent that Elink.io processes any Personal Information (as defined in the DPA) contained in User Content that is subject to the GDPR (as defined in the DPA), on your behalf, in the provision of the Service, the terms of the data processing addendum at https://elink.io/dpa ("DPA"), which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms. For the purposes of the Standard Contractual Clauses attached to the DPA, when you are the data exporter, your agreeing to these Terms of Service shall be treated as signing of the DPA, including, without limitation, the Standard Contractual Clauses and their Appendices.
These Terms of Service are the entire agreement between you and elink with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and elink with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
You hereby agree that Bit may reference You and Your use of the Services in private customer and prospect communications, and on Bit’s website. You also agree that Bit may reference You and Your use of Services in marketing and public relations materials, including a press release announcing You as a customer, inclusion of You as a customer in Bit’s company boilerplate, and, subject to the mutual agreement of the parties, a case study describing Your use of the Services. You hereby grant Bit a nonexclusive, worldwide license, during the Contract Term, to use and display Your trademarks, trade names and logos in connection with the foregoing uses.
You may contact elink: by mail at HKSR Group, P.O Box 641222, San Francisco, California 94164; by e-mail at email@example.com.
Effective Date of Terms of Service: October 23, 2017.
Effective May 24, 2018.
The information we collect is primarily used to provide the Services, to process and complete any transactions, to respond to inquiries, to personalize and improve the Services, to monitor and analyze usage and trends of the Services, to provide you with related, relevant information, and for any other purpose for which the information was collected. In connection with certain aspects of the Services, we may request, collect and/or display some information about you. We collect the following types of information from our users.
When you create an Account, we will collect personal information from you, such as your name and email address. We use your contact information to send you information about our Services. You may unsubscribe from receiving certain types of these messages through your Account settings, although elink reserves the right to contact you when we believe it is necessary, such as for administrative and account management purposes.
Note regarding children: We do not knowingly collect personal information from children. If we learn that we have collected personal information of a child under 13, we will take steps to delete such information from our files as soon as possible.
The Services also include customer support, where you may choose to submit information regarding a problem you are experiencing with a Service. Whether you contact customer support via email, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.
We collect certain payment and billing information when you register for certain paid Services. For example, we ask you to provide payment information, such as payment card details, which we collect via secure payment processing services.
We collect information about you when you use our Services, including browsing our websites and taking certain actions within the Services. This includes:
Some features of the Services allow you to share your content and elink Links through your accounts with other companies such as Facebook and Twitter. If you choose to connect elink to such Third Party Services, we may collect information related to your use of those Third Party Services, such as authentication tokens that allow us to connect to your Third Party Service accounts or the contact information of your friends (if you choose to connect your friends, followers, or contacts from your account) so that you can contact these people when you use the Services. We may also collect information about how you are using the Services to interact with those connected Third Party Services. Note that Third Party Services may have the ability to restrict the information that is provided to us based on your privacy settings of that account.
How we use the information we collect depends in part on which Services you use, how you use them, and any preferences you have communicated to us. Below are the specific purposes for which we use the information we collect about you:
We use data hosting service providers to host the information we collect, and we use technical measures to secure your data. Your account information is protected by a password for your privacy and security. You can prevent unauthorized access to your account by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
elink endeavors to protect the information it collects about its users using industry-standard security processes and controls, however, despite these efforts, no security measure is perfect or impenetrable and elink does not guarantee or warrant that such measures will prevent unauthorized access to the information about you that is stored by elink. In the event we experience a breach of security, we will promptly notify you if your personal information has been compromised, in accordance with applicable law.
We may retain your personal information for a period of time consistent with the original purpose of collection. For instance, we may retain your personal information during the time you have an account to use the Services, and for a reasonable period of time thereafter. We also may retain your personal information during the period of time needed for Bit to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes, and enforce our agreements.
If you are a registered user, you can access information associated with your Account by logging into the Site. This information includes a history of the URLs you have bundled and shortened, ability to edit the bundled links within your URLs, and access to the analytics pages for those URLs. You can deactivate your Account at any time by emailing us at firstname.lastname@example.org. Once your Account is deactivated, you will no longer be able to access or use the Services.
If you have concerns about any unauthorized usage of your Account, please contact us at email@example.com and we will disable future bundling and shortening activity on your Account.
In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don't have the appropriate rights to do so.
We collect information globally. We transfer, process and store your information outside of your country of residence, to wherever we, Bit or our third-party service providers operate for the purpose of providing you the Services. Whenever we transfer your information, we take steps to protect it.
Bit Subprocessors - Infrastructure Subprocessors
Bit may use the following Subprocessors to host Customer Data or provide other infrastructure that helps with delivery of our Services:
HKSR Group provides elink - the service that it easy to create sharable content through our website located at elink.io. For simplicity, we’ll refer to any or all of this as “elink”.
elink respects the intellectual property rights of others and expects its users to do the same. It is elink’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, elink will respond expeditiously to claims of copyright infringement committed using the elink website (the "Website") that are reported to elink’s Designated Copyright Agent.
If you believe that content on the Website (as defined in our Terms of Service) infringes one or more of your copyrights, please notify us by providing a written notice (“Infringement Notice”) containing the information described below to the designated agent listed below. If elink takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to elink.
You can report copyright violations to our email (preferred) or send to our copyright agent address.
Bit Tech Labs Inc.
P.O. Box 77233
San Francisco, CA 94107
Attn: elink Copyright Agent
You must include the following:
Please note that a copy of your infringement notice, including any contact information you provide (address, telephone number, and email address), will be forwarded to the user who uploaded the content at issue.
If an Infringement Notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content. If you are a user and access to portions of your content have been disabled for this reason, we will notify you via a message on your profile page. You then have the option to send us a written counter-notice stating why your content does not infringe copyrights and asking for access to be reinstated.
Effective Date: May 24, 2018.
This elink.io Data Processing Addendum forms part of, and is subject to the provisions of, the elink.io Terms of Service. Capitalized terms that are not defined in this Data Processing Addendum have the meanings set forth in the Terms of Service.
The following definitions apply solely to this Data Processing Addendum:
a. the terms “controller”, “data subject”, “personal data”, “process,” “processing” and “processor” have the meanings given to these terms in EU Data Protection Law.
b. “Breach” means a breach of the Security Measures resulting in access to elink.io’s equipment or facilities storing Your Controlled Data and the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Your Controlled Data transmitted, stored or processed by elink.io on your behalf and instructions through the Services.
c. “Content” means your User Content and any content provided to us from your End Users, including without limitation text, photos, images, audio, video, code, and any other materials.
d. “EU Data Protection Law” means any data protection or data privacy law or regulation of Switzerland or any European Economic Area (“EEA”) country applicable to Your Controlled Data, including, as applicable, the GDPR and the e-Privacy Directive 2002/58/EC.
e. “GDPR” means the EU General Data Protection Regulation 2016/679.
f. “Security Measures” means the technical and organizational security measures.
g. “Sub-Processor” means an entity engaged by elink.io to process Your Controlled Data.
h. “Your Controlled Data” means the personal data in the Content elink.io processes on your behalf and instructions as part of the Services, but only to the extent that you are subject to EU Data Protection Law in respect of such personal data. Your Controlled Data does not include personal data when controlled by us, including without limitation data we collect (including IP address, device/browser details and web pages visited prior to coming to Your Site) with respect to your End Users’ interactions with Your Site through their browser and technologies like cookies.
This Data Processing Addendum only applies to you if you or your End Users are data subjects located within the EEA or Switzerland and only applies in respect of Your Controlled Data. You agree that elink.io is not responsible for personal data that you have elected to process through Third Party Services or outside of the Services, including the systems of any other third-party cloud services, offline or on-premises storage.
The subject matter of the data processing under this Data Processing Addendum is Your Controlled Data.
As between you and us, the duration of the data processing under this Data Processing Addendum is determined by you.
The purpose of the data processing under this Data Processing Addendum is the provision of the Services initiated by you from time to time.
The Services as described in the Agreement and initiated by you from time to time.
Your Controlled Data relating to you, your End Users or other individuals whose personal data is included in Content which is processed as part of the Services in accordance with instructions given through your Account.
You, Your End Users and any other individuals whose personal data is included in Content.
You are the controller and elink.io is the processor of Your Controlled Data.
We will process Your Controlled Data for the purpose of providing you with the Services, as may be used, configured or modified from within your Account (the “Purpose”). For example, depending on how you use the Services, we may process Your Controlled Data in order to: (a) enable you to integrate content or features from a social media platform on Your Site; or (b) email your End Users on your behalf.
You will ensure that your instructions comply with all laws, regulations and rules applicable in relation to Your Controlled Data and that Your Controlled Data is collected lawfully by you or on your behalf and provided to us by you in accordance with such laws, rules and regulations. You will also ensure that the processing of Your Controlled Data in accordance with your instructions will not cause or result in us or you breaching any laws, rules or regulations (including EU Data Protection Law). You are responsible for reviewing the information available from us relating to data security pursuant to the Agreement and making an independent determination as to whether the Services meet your requirements and legal obligations as well as your obligations under this Data Processing Addendum. elink.io will not access or use Your Controlled Data except as provided in the Agreement, as necessary to maintain or provide the Services or as necessary to comply with the law or binding order of a governmental, law enforcement or regulatory body.
We will process Your Controlled Data for the Purpose and in accordance with the Agreement or instructions you give us through your Account. You agree that the Agreement and the instructions given through your Account are your complete and final documented instructions to us in relation to your Controlled Data. Additional instructions outside the scope of this Data Processing Addendum require prior written agreement between you and us, including agreement on any additional fees payable by you to us for carrying out such instructions. We will promptly inform you if, in our opinion, your instructions infringe applicable EU Data Protection Law, or if we are unable to comply with your instructions. We will notify you when applicable laws prevent us from complying with your instructions, except if such disclosure is prohibited by applicable law on important grounds of public interest, such as a prohibition under law to preserve the confidentiality of a law enforcement investigation or request.
We will provide you notice without undue delay after becoming aware of and confirming the occurrence of a Breach for which notification to you is required under applicable EU Data Protection Laws. We will, to assist you in complying with your notification obligations under Articles 33 and 34 of the GDPR, provide you with such information about the Breach as we are reasonably able to disclose to you, taking into account the nature of the Services, the information available to us and any restrictions on disclosing the information such as for confidentiality. Our obligation to report or respond to a Breach under this Section is not and will not be construed as an acknowledgement by elink.io of any fault or liability of elink.io with respect to the Breach. Despite the foregoing, elink.io’s obligations under this Section do not apply to incidents that are caused by you, any activity on your Account and/or Third-Party Services.
We will provide you notice, if permitted by applicable law, upon receiving an inquiry or complaint from an End User, or other individual whose personal data is included in your Content, or a binding demand (such as a court order or subpoena) from a government, law enforcement, regulatory or other body in respect of Your Controlled Data that we process on your behalf and instructions.
We will, to the extent that you cannot reasonably do so through the Services, your Account or otherwise, provide reasonable assistance to you in respect of your fulfillment of your obligation as controller to respond to requests by data subjects under Chapter 3 of the GDPR, taking into account the nature of the Services and information available to us. You will be responsible for our reasonable costs arising from our provision of such assistance.
We will maintain the Security Measures. We may change these Security Measures but will not do so in a way that adversely affects the security of Your Controlled Data. We will take steps to ensure that any natural person acting under our authority who has access to Your Controlled Data does not process it except on our instructions, unless such person is required to do so under applicable law, and that personnel authorized by us to process Your Controlled Data have committed themselves to relevant confidentiality obligations or are under an appropriate statutory obligation of confidentiality.
You agree that we can share Your Controlled Data with Sub-Processors in order to provide you the Services. We will impose contractual obligations on our Sub-Processors, and contractually obligate our Sub-Processors to impose contractual obligations on any further sub-contractors which they engage to process Your Controlled Data, which provide the same level of data protection for Your Controlled Data in all material respects as the contractual obligations imposed in this Data Processing Addendum, to the extent applicable to the nature of the Services provided by such Sub-Processor. A list of our current Sub-Processors is available upon request by sending an email to firstname.lastname@example.org Provided that your objection is reasonable and related to data protection concerns, you may object to any Sub-Processor by sending an email to email@example.com. If you object to any Sub-Processor and your objection is reasonable and related to data protection concerns, we will use commercially reasonable efforts to make available to you a means of avoiding the processing of Your Controlled Data by the objected-to Sub-Processor. If we are unable to make available such suggested change within a reasonable period of time, we will notify you and if you still object to our use of such Sub-Processor, you may cancel or terminate your Account or, if possible, the portions of the Services that involve use of such Sub-Processor. Except as set forth in this Section 5.6, if you object to any Sub-Processors, you may not use or access the Services. You consent to our use of Sub-Processors as described in this Section 5.6. Except as set forth in this Section 5.6 or as you may otherwise authorize, we will not permit any Sub-Processor to access Your Controlled Data. elink.io will remain responsible for its compliance with the obligations of this Data Processing Addendum and for any acts or omissions of any Sub-Processor or their further sub-contractors that process Your Controlled Data and cause elink.io to breach any of elink.io’s obligations under this Data Processing Addendum, solely to the extent that elink.io would be liable under the Agreement if the act or omission was elink.ioi’s own.
elink.io may (but is not obliged to) use external or internal auditors to verify the adequacy of our Security Measures.
You agree to exercise any right you may have to conduct an audit or inspection by instructing elink.io to carry out the audit described in Section 5.7. You agree that you may be required to agree to a non-disclosure agreement with elink.io before we share any such report or outcome from such audit with you and that we may redact any such reports as we consider appropriate. If elink.io does not follow such instruction or if it is legally mandatory for you to demonstrate compliance with EU Data Protection Law by means other than reviewing a report from such an audit, you may only request a change in the following way:
a. First, submit a request for additional information in writing to elink.io, specifying all details required to enable elink.io to review this request effectively, including without limitation the information being requested, what form you need to obtain it in and the underlying legal requirement for the request (the “Request”). You agree that the Request will be limited to information regarding our Security Measures.
b. Within a reasonable time after we have received and reviewed the Request, you and we will discuss and work in good faith towards agreeing on a plan to determine the details of how the Request can be addressed. You and we agree to use the least intrusive means for elink.io to verify elink.io’s compliance with the Security Measures in order to address the Request, taking into account applicable legal requirements, information available to or that may be provided to you, the urgency of the matter and the need for elink.io to maintain uninterrupted business operations and the security of its facilities and protect itself and its customers from risk and to prevent disclosure of information that could jeopardize the confidentiality of elink.io or our users’ information.
You will pay our costs in considering and addressing any Request. Any information and documentation provided by elink.io or its auditors pursuant to this Section 5.8 will be provided at your cost. If we decline to follow any instruction requested by you regarding audits or inspections, you may cancel any affected Paid Services.
Upon your reasonable requests to us for information regarding our compliance with the obligations set forth in this Data Processing Addendum, we shall, where such information is not otherwise available to you, provide you with written responses, provided that you agree not to exercise this right more than one (1) time per calendar year (unless it is necessary for you to do so to comply with EU Data Protection Law). The information to be made available by elink.io under this Section 5.9 is limited to solely that information necessary, taking into account the nature of the Services and the information available to elink.io, to assist you in complying with your obligations under the GDPR in respect of data protection impact assessments and prior consultation. You agree that you may be required to agree to a non-disclosure agreement with elink.io before we share any such information with you.
You can delete or access a copy of some of Your Controlled Data through your Account. For any of Your Controlled Data which may not be deleted or accessed through your Account, upon your written request, we will, with respect to any of Your Controlled Data in our or our Sub-Processor’s possession that we can associate with a data subject, subject to the limitations described in the Agreement and unless prohibited by applicable law or the order of a governmental, law enforcement or regulatory body: (a) return such data and copies of such data to you provided that you make such request within no more than ninety (90) days after the cancellation of the applicable Paid Services; or (b) delete, and request that our Sub-Processors delete, such data (excluding in the case of (a) or (b) any of such data which is archived on back-up systems, which we shall securely isolate and protect from any further processing, except to the extent required by applicable law). Otherwise, we will delete Your Controlled Data in accordance with our data retention policy. This Section 5.10 does not apply to personal data held by Third Party Services.
You authorize us to transfer Your Controlled Data away from the country in which such data was originally collected. In particular, you authorize us to transfer Your Controlled Data to the US. We will transfer Your Controlled Data to outside the EEA using a lawful data transfer mechanism that is recognized under EU Data Protection Law as providing an adequate level of protection for such data transfers.
The liability of each party under this Data Processing Addendum is subject to the exclusions and limitations of liability set out in the Agreement. You agree that any regulatory penalties or claims by data subjects or others incurred by elink.io in relation to Your Controlled Data that arise as a result of, or in connection with, your failure to comply with your obligations under this Data Processing Addendum or EU Data Protection Law shall reduce elink.io’s maximum aggregate liability to you under the Agreement in the same amount as the fine and/or liability incurred by us as a result.
In the event of a conflict between this Data Processing Addendum and the Terms of Service, this Data Processing Addendum will control.
You are responsible for any costs and expenses arising from elink.ioi’s compliance with your instructions or requests pursuant to the Agreement (including this Data Processing Addendum) which fall outside the standard functionality made available by elink.io generally through the Services.