Data Protection Addendum

This Data Protection Addendum, henceforth referred to as the "Addendum", is entered into by and between Younix Project, S.L., henceforth referred to as "Younix.world", and the Customer, henceforth referred to as the "Customer", agreeing to this Addendum.

This Addendum will be effective from the Addendum Effective Date (as defined below) and replace any previously applicable data protection addendum.

If you are accepting this Addendum on behalf of Customer, you represent and warrant that:

  • You have read and understood this Addendum
  • You have full legal authority to bind yourself, or the applicable entity, to these Terms
  • You agree, on behalf of the party you represent, to this Addendum.

If you do not have the legal authority to bind Customer, please do not "Sign/Accept/Opt IN".

1. INTRO

This Addendum sets out terms that will apply to Younix.world processing of Customer's Personal Data under the Privacy Policy Agreement executed by Younix.world and Customer.

2. DEFINITIONS

Terms Defined by the General Data Protection Regulation (GDPR):

A. "Addendum Effective Date" is defined as the date on which Customer clicked to accept or opt-in to this Addendum.

B. "Adequate Country" is defined as a country which is deemed adequate by the European Commission under Article 25(6) of Directive 95/46/EC or Article 45 of GDPR.

C. Data Subject" is defined as the identified or identifiable person who is the subject of Personal Data.

D. "Personal Data" is defined as any information included in the Customer Data relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or one or more factors specific to his physical, physiological, mental, economic, cultural, or social identity.

E. "Processing" is defined by the applicable EU Data Protection Law and "process", "processes" and "processed" will be interpreted accordingly.

F. "Data Controller" is defined as the party that determines the purposes and means of the processing of Personal Data.

G. "Data Processor" is defined as the party that Processes Personal Data on behalf of, or under the instruction of, the Data Controller.

H. "Data Transfer Mechanism" is established as an alternative data export solution for the lawful transfer of Customer Data (as recognized under EU Data Protection Law) outside the EEA.

I. "Data Protection Laws" are defined for a party, all privacy, data protection, information security-related, and other laws and regulations applicable to such party, including, where appropriate, EU Data Protection Law.

J. "Data Protection Authority" is defined as the competent body in the jurisdiction charged with enforcement of applicable Data Protection Law.

K. "EEA" means the European Economic Area, United Kingdom, and Switzerland.

L. "EU Data Protection Law" means:

  • Before 25th May 2018, European Union Directive 95/46/EC; and
  • On and after 25th May 2018, European Union Regulation 2016/679 ("GDPR")

M. References to "written instructions" and related terms mean Data Controller's instructions for Processing of Customer Data, which consist of:

  • The terms of the Agreement and this Addendum,
  • Processing enabled by Data Controller through the Service, and
  • Other reasonable written instructions of Data Controller consistent with the terms of the Agreement.

N. "Model Contracts" are defined as the Standard Contractual Clauses for Processors as approved by the European Commission under Decision 2010/87/EU in the form made accessible in the Younix.world Workspace.

O. "Security Incident" is defined as any unauthorized or unlawful confirmed breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data in Data Processor's control.

P. "Subprocessor" is defined as any Third Party engaged by Data Processor or its affiliates to process any Customer Data according to the Agreement or this Addendum.

R. "Third Party" shall mean any natural or legal person, public authority, agency, or any other body other than the Data Subject, Data Controller, Data Processor, Subprocessors, or other persons who, under the direct authority of the Data Controller or Data Processor, are authorized to Process the data.

S. Other capitalized terms not defined herein have the meanings given in the Agreement.

Terms Defined by Younix.world concerning GDPR:

A. "Data Subjects" are defined to include the individuals about whom data is provided to Younix.world via the Services by (or at the direction of) the Customer.

B. "Details of Processing Subject Matter" is defined as the subject matter of the data processing under this Addendum is the Customer Data.

C. "Duration of the Processing" is defined as the duration of the data processing under this Addendum is until the termination of the Agreement plus the period from the expiry of the Agreement until the deletion of all Customer Data by Younix.world following the terms of the Addendum.

D. "Nature and Purpose of the Processing" is defined as the purpose of the processing under this Addendum is the provision of the Service to Customer and the performance of Younix .world's obligations under the Agreement (including this Addendum) or as otherwise agreed by the parties.

E. "Categories of Data" is defined as data relating to individuals provided to Ypunix.world when Customers sign up, log in, use the product, interact with the website, and interact with the ads.

F. "Security Measures" are defined as the measures that Younix.world agrees to use. They are commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration, or disclosure of the Service or Customer data.

3. TERMINATION

A. This Addendum forms part of the Agreement, and except as expressly outlined in this Addendum, the Agreement remains unchanged and in full force and effect. If there is any conflict between this Addendum and the Agreement, this Addendum shall prevail to the extent of that conflict in connection with the processing of Customer's Personal Data.

B. All activities under this Addendum (including without limitation Processing of Customer Data) remain subject to the applicable limitations of liability outlined in the Agreement.

C. This Addendum will be governed by and construed following governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

D. This Addendum and Model Contracts will automatically terminate upon expiration or termination of the Agreement.

4. SCOPE AND APPLICABILITY OF THIS ADDENDUM

A. This regulation applies to the processing of the personal data in the context of the activities of the establishment of a Controller or a Processor in the EU.

B. This Addendum applies where and to the extent that Younix.world processes Customer Data that originates from the EEA or that is otherwise subject to EU Data Protection Law on behalf of Customer in the course of providing the Service according to the Agreement.

5. ROLE AND SCOPE OF THE PROCESSING

A. Customer will act as the Data Controller and Younix.world will serve as the Data Processor under this Addendum. Both Customer and Younix.world shall be subject to applicable Data Protection Laws in the carrying out of their responsibilities as outlined in this Addendum.

B. Customer retains all ownership rights in the Customer Data, as set forth in the Agreement. Except as expressly authorized by Customer in writing or as instructed by Customer, Younix.world shall have no right directly or indirectly to sell, rent, lease, combine, display, perform, modify, transfer, or disclose the Customer Data or any derivative work thereof. Younix.world shall act only in accordance with Customer's instructions regarding the Processing of the Customer Data except to the extent prohibited by applicable Data Protection Laws.

C. Additional instructions not consistent with the scope of the Agreement require the prior written Agreement of the parties, including Agreement on any additional fees payable by Customer.

D. Notwithstanding the above, Customer acknowledges that Younix.world shall have a right to use Aggregated Anonymous Data as detailed in the Agreement Section 4.4.

E. Younix.world shall not disclose the Customer Data to any Third Party in any circumstances other than in compliance with Customer's instructions or following a legal obligation to disclose. Younix.world shall inform Customer in writing before making any such legally required disclosure, to the extent permitted by Data Protection Laws.

F. For clarity, nothing in this Addendum limits Younix.world from transmitting Customer Data (including without limitation Personal Data) as instructed by Customer through the Service.

6. SUBPROCESSING

A. Younix .world's obligations under this Addendum shall apply to Younix .world's employees, agents and Subprocessors who may have access to the Personal Data.

B. Customer agrees that Yonix.world is authorized to use Subprocessors (including without limitation cloud infrastructure providers) to Process the Personal Data, provided that Younix.world:

  • Enters into a written agreement with any Subprocessor, imposing data protection obligations substantially similar to this Addendum; and
  • Remains liable for compliance with the duties of this Addendum and for any acts or omissions of the Subprocessor that cause Younix.world to breach any of its obligations under this Addendum.

C. Information about Subprocessors, including their functions and locations, is available on request and may be updated by Younix.world from time to time under this Addendum.

7. SECURITY

A. Younix.world shall implement and maintain appropriate technical and organizational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data, following Younix .world's security standards.

B. Customer is responsible for reviewing the information made available by Younix.world relating to data security and making an independent determination as to whether the Service meets the Customer's requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and that Younix.world may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Service purchased by Customer.

C. Younix.world shall ensure that any person who is authorized by Customer to process Personal Data (including its staff, agents and Subprocessors) shall be under an appropriate contractual or statutory obligation of confidentiality.

8. ONWARD TRANSFER

A. Younix.world may, subject to complying with this Section 8, store and process Customer Data anywhere in the world where Younix.world, its affiliates or Subprocessors maintain data processing operations.

B. To the extent that Younix.world processes any Personal Data protected by GDPR and/or originating from the EEA in the United States or another country outside the EEA that is not designated as an Adequate Country, then the parties shall sign the Model Contracts.

C. The parties agree that Younix.world is the "data importer" and Customer is the "data exporter" under the Model Contracts (notwithstanding that Customer may be an entity located outside of the EEA).

D. The parties agree that the data export solution identified in Section 8.B shall not apply if and to the extent that Younix.world adopts an Alternative Transfer Mechanism. In which event, the Alternative Transfer Mechanism shall use instead (but only to the area such Alternative Transfer Mechanism extends to the territories to which Personal Data is transferred).

9. REGULATORY COMPLIANCE

A. At Customer's request and expense, Younix.world shall reasonably assist Customer as necessary to meet its obligations to regulatory authorities, including Data Protection Authorities.

B. Younix.world shall (at Customer's expense) reasonably assist Customer in responding to requests from individuals concerning their rights of data access, rectification, erasure, restriction, portability and objection if any such request is made directly to Younix.world, Younix.world shall not respond to such communication directly without Customer's prior authorization unless required by Data Protection Laws.

10. REVIEWS OF DATA PROCESSING

A. At Customer's request, YOUNIX.WORLD shall provide Customer with written responses to all reasonable requests for information made by Customer relevant to the Processing of Personal Data under this Addendum, including responses to security and audit questionnaires, in each case solely to the extent necessary to confirm Younix.world compliance with this Addendum.

B. Younix.world will provide such information within thirty (30) days of Customer's written request, unless Customer's regulatory authorities require shorter notice.

C. Except as expressly required by Data Protection Laws, any review under this Section 10 will:

  • Be conducted no more often than once per year during Younix.world's regular business hours, in a manner, so as not to interfere with standard business operations;
  • Be subject to Younix .world's reasonable confidentiality and security constraints;
  • Be conducted at Customer's expense; and
  • Not extend to any information, systems or facilities of Younix .world's other customers or its Third Party infrastructure providers.

D. Any information provided by Younix.world under this Section 10 constitutes Younix .world's Confidential Information under the Agreement.

11. RETURN OR DELETION OF DATA

A. Younix.world shall, within ninety (90) days after request by Customer at the termination or expiration of the Agreement, delete or return, at Customer's choice, all of the Personal Data from Younix .world's systems. Within a reasonable period following deletion, at Customer's request, Younix.world will provide written confirmation that Younix .world's obligations of data deletion or destruction have been fulfilled.

B. Notwithstanding the previous, the Customer understands that Younix.world may retain Customer Data as required by Data Protection Laws, which data will remain subject to the requirements of this Addendum.

12. ADDITIONAL SECURITY

A. Upon becoming aware of a confirmed Security Incident, Younix.world shall notify the Customer without undue delay, following the Security Measures. Notwithstanding the foregoing, Younix.world is not required to make such notice to the extent prohibited by Data Protection Laws, and Younix.world may delay such notice as requested by law enforcement and/or in light of Younix .world's legitimate needs to investigate or remediate the matter before providing advice.

B. Each notice of a Security Incident will include:

  • The extent to which Personal Data has been, or is reasonably believed to have been, used, accessed, acquired, or disclosed during the Security Incident;
  • A description of what happened, including the date of the Security Incident and the time of discovery of the Security Incident, if known;
  • The scope of the Security Incident, to the extent known; and
  • A description of Younix .world's response to the Security Incident, including steps Younix.world has taken to mitigate the harm caused by the Security Incident.

C. Younix.world shall take reasonable measures to mitigate the harmful effects of the Security Incident and prevent further unauthorized access or disclosure.

13. CHANGES TO SUBPROCESSORS

When any new Subprocessor is engaged, Younix.world will, at least a week before the new Subprocessor processes any Customer data, inform Customer of the engagement by sending an email or via the in-app notification.

14. FURTHER COOPERATION

A. Where and when required by Data Protection Laws, Younix.world will provide the relevant Data Protection Authorities with information related to Younix .world's Processing of Personal Data. Younix.world further agrees that it will maintain such required registrations and where necessary, renew them during the term of this Addendum. Any changes to Younix .world's status in this respect shall be notified to Customer immediately either via email or in-app notifications.

B. To the extent Younix.world is required under Data Protection Laws, Younix.world shall (at Customer's expense) provide reasonably requested information regarding the Service or prior consultations with Data Protection Authorities to enable Customer to carry out data protection impact assessments.

EARNINGS DISCLAIMER: No Earnings Projections, Promises Or Representations

You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about prospects or earnings, or that you will earn any money, concerning your purchase of Younix.world products, and that we have not authorized any such projection, promise, or representation by others.

Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any cases. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided.

There is no assurance that any prior successes or past results as to earnings or income (whether monetary or marketing, whether convertible to cash or not) will apply, nor can any previous successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any claims or representations as to income or earnings are not to be considered as "average earnings".


(i) The Economy.

The economy, both where you do business locally, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by Younix.world products and services.


(ii) Your Success Or Lack Of It.

Your success in using the information or strategies provided at www.younix.world depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business experiences or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings at all. Gym businesses and earnings derived from there, involve risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any money paid to purchase Younix.world products and any payments spent setting up, operating, and marketing Younix.world products, and further, that you may have no earnings at all.


(iii) Forward-Looking Statements.

FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD-LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS, AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.


(iv) Due Diligence.

You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of professional advice. Nothing contained on the website or in materials available for sale or download on the website provides professional advice in any way. You should consult with your own accountant, lawyer, or professional advisor for any questions you may have. We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.


(v) Purchase Price.

Although we believe the price is fair for the value that you receive, you understand and agree that we have arbitrarily set the purchase price for Younix.world products. This price bears no relationship to objective standards.