🔥Lifetime Deal Ending Soon! Unlock GPT Image2 + Claim 30 Days FREE & 4,000 Bonus CreditsBuy Now
LitMedia logoLitMedia
Try For Free

Background

This Data Processing Agreement (“DPA”) has been entered into between LitMedia ("we", "us", "our") and you.

This Data Processing Agreement applies to your use of this website and how we manage and protect any information you provide to us, and its terms are made a part of Privacy Policy by this reference. By using this website, you should be aware, acknowledge and agree that your Internet transmissions are never completely secure or private. You understand that information or message transfer between you and us may be read or intercepted by others.

Roles and Scope

Depending on the nature and purpose of the processing, we may act as either a data controller or a data processor with respect to your personal information:

(a) We act as an independent data controller when we determine the purposes and means of processing personal information for our own legitimate business purposes, including:

  • Providing, improving, and maintaining our services
  • Analyzing user behavior and usage patterns
  • Marketing, promoting, and advertising our services
  • Complying with our legal obligations
  • In these cases, we process personal information in accordance with this DPA and our Privacy Policy.

(b) We act as a data processor when we process personal information on your behalf and solely in accordance with your documented instructions, solely for the purpose of providing the services you have requested from us. In these cases, you act as the data controller and we process the data strictly in accordance with this DPA.

The nature of processing depends on how and why your data is used. If you have questions about which role applies to specific processing activities, you may contact us via the contact details set out below.

The Personal Information LitMedia Accesses

By purchasing one of our products, you give LitMedia consent to gather a variety of personal information. This data may include:

  • Your name
  • Your email address
  • Your Billing address
  • Your contact details

We may keep this personal information until if you revoke the data processing consent. We take all necessary precautions to safeguard both the legitimate interests and rights of any concerned individual during personal information transmission occurring in the EU member states or any other state that is a party to the European Economic Area agreement.

Personal Information Processing

If the data provided to us in relation to your use of our website falls under the personal information category under the applicable laws and we act as data processor, you provide us the right to process the data together with any other data you provide, irrespective of whether it can be considered to be personal or not. We will process this data on your behalf with the major aim of providing Service that is compliant to both applicable laws and the Terms of Service.

LitMedia Guarantees that your personal information processing will be done in a legal way. This will be in accordance with any applicable legislation connected to personal information processing. We will comply with all the applicable legislation related to personal information processing including the General Data Protection Regulation (EU) 2016/679 ("GDPR").

The Data Controller Responsibilities

Where you are the data controller, you agree that you are responsible for:

  • Complying with all obligations set out by the applicable laws for the data controller, including the GDPR
  • Ensuring that you have the legal basis to share personal information with us for processing
  • Ensuring that your instructions regarding data processing comply with applicable law
  • The accuracy, completeness, and legality of any personal information you provide to us

We provide our Service on an "as is" and "as available" basis in accordance with our Terms and Conditions and this Data Processing Agreement. By continuing to use this website, you are confirming that you are willing to comply with all applicable laws, including the GDPR, related to personal information processing.

Where we act as Data Controller, we are responsible for:

  • Determine the purposes and means of personal information processing
  • Ensure appointed third-party processors process personal information solely per our instructions and subject to proper data protection obligations
  • Respond to data subject rights requests under applicable data protection laws
  • When a data breach occurs, fulfill the corresponding notification obligations
  • Comply with all obligations under applicable data protection laws, including the GDPR

Assistance to the Data Controller

Where you are the data controller, we will offer you any organizational or technical assistance as your data processor. Considering the nature of our services and the scope of data you share with us, our ability to provide assistance may be limited. However, to the extent reasonably possible and within the scope of our services, we are willing to offer any necessary help you need to fulfill your obligations as the data controller. We will be happy to respond to any possible requests for enforcing data subject's rights as detailed under the applicable legislation.

To make sure that you comply with every obligation connected to data processing security, we will provide our data controllers (you) with notification assistance of any personal information breaches to the overseeing authorities. We will also provide assistance of communications to the data subjects and the data protection impact evaluation. We will always provide updates and notifications related to any personal information breaches to you as regards your personal information as soon as possible. Where possible, we will provide these notifications and updates within the first 48 hours after learning about a data breach.

Considering the nature of data processing we offer and the data you give us access to, our ability to provide assistance may be limited to certain types of data breaches. However, we commit to notifying you without undue delay in accordance with Article 33(2) of the GDPR if we become aware of a personal information breach affecting your personal information.

Your Rights as a Data Subject

Where we act as data controller, you have the right to access your personal information and obtain information about its processing, rectify inaccurate or incomplete personal information, request erasure of your personal information subject to applicable legal exceptions, restrict processing in certain circumstances, receive your personal information in a structured, commonly used and machine-readable format for data portability, object to processing based on our legitimate interests, and withdraw your consent at any time where processing relies on consent, without affecting the lawfulness of any processing carried out prior to such withdrawal.

To exercise any of these rights, please contact us via the contact details set out below.

Confidentiality and Security

The personnel involved in offering the Service to our data controllers have already committed to a non-disclosure agreement. The agreement is with regard to your personal information (if any) acquired and also processed in relation to your use of our Service. We confirm that we have already assumed organizational and technical security measures that are capable of ensuring a level of security appropriate to any involved risk while taking into consideration the following:

  • The state of the art.
  • Costs of implementation.
  • The scope, nature, context, and processing purposes.
  • The risk involved in various likelihoods.
  • The severity of the freedoms and rights of natural persons.

Sub-Processors

As part of the services we offer, you agree and also acknowledge that LitMedia may use third-party services which include but are not limited to third-party data processors. Such third-party may be located outside the European Economic Area. This means that your data may be processed outside the European Economic Area (for example, in the US). The data processed outside the EU region will be subject to the applicable laws in the areas where it is processed. If we happen to transfer your personal data outside the European Economic Area, we confirm that the data will be transferred in compliance with the applicable legislation. For example, we will make use of the appropriate European Union Standard Contractual Clauses.

If we use a third-party party processor to process data on your behalf, we guarantee that the same data protection obligations set out in this agreement will apply for the third-party processor. If a sub-processor fails to fulfill any data protection obligations, LitMedia will assume full liability for sub-processor obligations performance. We will keep you updated on any changes we intend to make concerning replacement or addition of new sub-processors.

Upon request, we may provide third-party processor information. However, the information we provide or not provide shall be subject to our confidentiality obligations. If you do not approve of our use of third-party data processors, you may raise an objection by contacting us. We will consider your objection and, where possible, provide reasonable alternatives. If no suitable alternative can be provided, we may not be able to deliver certain services that depend on that sub-processors.

Cookies Policy

We use cookies. Cookies are just small text files which get programmed to your browser when you visit our website. They help us offer you better and user-friendly service. We use the cookies to retain our user's preferences. They help us store important data for services like shopping carts. They also help provide shield tracking data to third-party applications.

Cookies make your browsing experience better and interesting. However, if you would like to stop us from storing cookies on your browser, you can disable cookies on this website. It is also possible to disable cookies on other websites.

If you need more help, we suggest consulting your web browser's help section or reading more on the European Commission page.

Retention of Your Data

If you terminate your subscription to our Service and/or your account, we won't store any data you made accessible to us unless it is required under applicable law or otherwise agreed. We will return or erase all personal data related to your use of our Service after you have ended the provision of the processing services.

Audit

In compliance with any applicable law, you may have the right to receive only the necessary information to show that we are complying with all the obligations listed in this agreement and applicable laws. You may receive the information only where applicable and to the applicable law mandated extent. LitMedia may allow for and also contribute to audits, including inspections, conducted by data controllers in relation to the Service provided to the specific data controller only. We will be responsible for determining the practicalities and the timing related to any inspection or audit. Information and assistance will be provided exclusively at your expense and cost. LitMedia reserves the right to charge you for any additional work or any costs we incur in connection to you taking advantage of the rights to conduct an inspection or audit.

Discrepancies

This Data Processing Agreement is a part of our Privacy Policy. In case of any discrepancies related to personal data processing, the Privacy Policy, and this Data Processing Agreement, the provisions of this Data Processing Agreement will be given priority.

Our Rights to Make Changes to the DPA

We reserve the right to alter, amend, or to definitely and in totality terminate these terms of DPA and the Service provided through our website at any time. We will provide reasonable notice of any material changes. We reserve the right to delete or change the contents of this website at any time we deem fit. Continued use of our website and services following such notice shall constitute your acceptance of the modified DPA.

We also reserve the right to not provide to you the website services at any time. This may happen if you use our service in contradiction to the content of our Terms and Conditions and the Data Processing Agreement. We may also refuse to provide our service to you if your use of our website conflicts with our business interest.

Note:

Please contact support@litmedia.ai if you would like or need a signed copy of this Data Processing Agreement.