General conditions for data processing

By using certain NEOMO products, you acknowledge that this may involve the transmission of personal data to NEOMO. To the extent that NEOMO as your data processor processes such data, these General Terms and Conditions shall apply in addition to the applicable General Terms and Conditions. In the event of an objection, these General Terms and Conditions for Data Processing of Personal Data shall prevail.

NEOMO and you agree on the following:

  1. NEOMO processes personal data only in accordance with the applicable General Terms and Conditions and the Privacy Policy;

  2. NEOMO uses appropriate technical and organizational measures to protect personal data;

  3. NEOMO will support you with appropriate technical and organizational measures (taking into account the nature of the processing) to fulfill your obligation to respond to requests to exercise the data subject's data protection rights;

  4. NEOMO deletes the personal data upon termination of the contractual relationship with you as quickly as possible, but at the latest within a period of 180 days, unless German law, EU law or the law of the respective EU member state requires longer retention of the data; in this case NEOMO can retain the personal data longer if this is necessary for the provision of other services used by you;

  5. NEOMO will provide you with all information necessary to demonstrate compliance with NEOMO's obligations as a processor.

  6. You agree that NEOMO may assign its data processing obligations to a sub-processor in accordance with its Privacy Policy and these General Terms and Conditions for Data Processing. However, this can only be done by means of a written agreement with the sub-processor that imposes obligations on the sub-processor that are no less onerous than those imposed on NEOMO by these General Terms and Conditions for Data Processing. If a Sub-Processor fails to comply with such obligations, NEOMO shall remain fully liable to you for the performance of the Sub-Processor's obligations. You hereby authorize NEOMO to use subcontractors of NEOMO as subprocessors. If you object to such additional subcontractor, you may inform NEOMO in writing of the reasons for your objections. However, this does not result in a legal claim to influence additional subcontractors. Please use an alternative service to NEOMO if you object to such additional subcontractors.

  7. As soon as NEOMO becomes aware of an actual or suspected breach of the protection of your personal data, NEOMO will notify you immediately. This notification will contain at least the following information: Details of the nature of the breach, the number of records affected, the category and approximate number of individuals affected, the likely consequences of the breach, and any actions already taken or immediately planned to mitigate the potential adverse effects of the breach, taking into account all the circumstances. The notification may also be made in several steps, taking into account the available information.

  8. NEOMO may also disclose your personal data to sub-processors located outside of your country if this is appropriate for the data processing purposes described in the Privacy Policy. These sub-processors must comply with the same data protection obligations as NEOMO itself. If the level of data protection in a country does not correspond to the German level, NEOMO shall contractually ensure that the protection of your personal data is always equivalent to that in Germany. NEOMO ensures this in individual cases through one or more of the following measures:

  • By concluding EU model clauses with the contracted service providers, see standard contractual clauses for data transfers between EU and non-EU countries.

  • By the existence of Binding Corporate Rules (BCR), recognized by a European data protection authority, at the contracted service providers; see details here.

Last updated on: July 13 2023

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