Yoga Nexus empowers Teachers on our Platform to directly connect with other Yoga Nexus users (“Users”) and create Classes for them. Capitalized terms (‘Teachers, “Classes”, “Platform”) have the definitions given to them in the Yoga Nexus Terms & Conditions.
To facilitate this direct connection with Users and enable obligations to be fulfilled, Yoga Nexus provides the personal data of Users (“User Data”) to Teachers. Teachers then process the User Data in order to provide Users any an all products or services as part of that Teacher’s business on Yoga Nexus. Yoga Nexus requires all ITeachers to agree to this Data Processing Agreement to ensure that Teachers respect the privacy of Users when processing User Data.
This DPA is between Yoga Nexus and Teachers, taking effect from the moment the Teacher’s Yoga Nexus account is created, and applies exclusively to the User Data collected by Yoga Nexus and provided to Teachers for the purpose of facilitating the experience of their participants.
- “Data Protection Legislation” means all applicable laws relating to privacy and the processing of personal data that may exist in any relevant jurisdiction, including, where applicable, the guidance and codes of practice issued by the supervisory authorities. Data Protection Legislation includes, but is not limited to, European Directives 95/46/EC and 2002/58/EC (as amended by Directive 2009/136/EC) and any legislation and/or regulation impending or made pursuant to them, or which amends, replaces, re-enacts or consolidated any of them, including the General Data Protection Regulation (Regulation (EU) 2016/279).
- “Good Industry Practice” means exercising the same skill, expertise and judgment and using facilities and resources of a similar quality as would be expected from a person who: (a) is skilled and experience in providing the services in question, seeking in good faith to comply with her contractual obligations and seeking to avoid liability arising under any duty of care that might reasonably apply.; (b) takes all proper and reasonable care and is diligent in performing his obligations: and (c, complies with the Data Protection Legislation.
- The terms “data controller”, “data processor”, “subprocessor”, “data subject”, “personal data”, “processing” and “appropriate technical and organizational measures” shall be interpreted in accordance with Directive 95/46/EC, of other applicable Data Protection Legislation, in the relevant jurisdiction.
- Scope. The parties agree that Yoga Nexus is a data controller and that Teachers are a data processor in relation to User Data that Teachers processes in the course of providing Yoga Nexus Services. The subject matter of the data processing, the types of personal data processed, and the categories of data subjects will be defined by, and/or limited to, those necessary to carry out the Yoga Nexus services. The processing to which this DPA appies will be carried out by Teacher upon leaving the Yoga Nexus platform. The subject matter, duration, nature, and purpose of processing of the personal data as well as the type of personal ata and categories of data subjects covered by this DPA are as allows:
- The subject matter of the data processing is User Data
- The duration of the processing is for as long as Teacher holds User Data.
- The nature and purpose of the processing under this DPA is limited to an Teachers fulfillment of Yoga Nexus Servers to Users.
- The type of personal data covered by this DPA is contact information, including but not limited to First and Last Name, e mail address, user name, as well as any information given by the Participant to the Teacher when attending, or before attending, a class on Yoga Nexus.
- The category of the data subjects are Users who sign up for accounts on Yoga Nexus.
- Data Protection. Teacher shall adhere to the following requirements:
- Extent of Processing. Teachers will process the personal data only to the extent, and in such manner, as is necessary for the provision of Yoga Nexus services.
- Appropriate Technical and Organizational Measures. Teacher will implement and maintain appropriate technical and organizational measures designed to protect the personal data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. The measures shall be appropriated to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damaged or theft of the personal data and having regard to the nature of the personal data which is to be protected anda s a minimum shall be in accordance with the Data Protection Legislation and Good Industry Practice.
- Transfer to Third Parties. Teacher will not give access to or transfer any personal data to any third party (including any affiliates, group companies or subcontractors) without the prior consent of Yoga Nexus. Teacher must also ensure the reliability and competence of such third parties, its employees or agents who may have access to the personal data processed in the provision of Yoga Nexus services, and must include in any contract with such third party provisions protecting User which are equivalent to those in this DPA and Terms & Conditions and as are required by applicable Data Protection Legislation.
- Reliability and Competence of Teacher Personal. ITeacher will take reasonable steps to ensure the reliability and competence of any Teacher personnel who have access to User Data. Teacher will ensure that all Teacher personal required to access the personal data are informed of the confidential nature of the personal data and comply with the obligations set out in this DPA.
- Acknowledgement of Data Protection Legislation and Assistance. Teacher will take responsible steps to assist Yoga Nexus in complying with applicable Data Protection Legislation. For example, Teacher will promptly inform Yoga Nexus in writing if it receives: (i) a requires from a data subject concerning any personal data; or (ii) a complaint, communication, or require relating to User’s obligations under Data Protection Legislation.
- Destruction or Return of Property Upon Yoga Nexus Services Completion. Teacher will not retain any of the personal data for longer than is necessary to provide Yoga Nexus services. At the end of the Yoga Nexus services, or upon a User’s request, Teacherwill securely destroy or return (at User’s election) the personal data to User.
- Loss or Security Breach. If Teacherbecomes aware of any accidental, unauthorized or unlawful destruction, loss, alteration, or disclosure of, or access to User Data processes by Teacher in the course of providing Yoga Nexus services, it will do the following:
- Provide notice to Yoga Nexus. Teacher shall promptly and without undue delay notify Yoga Nexus and provide Yoga Nexus with: a detailed description of the Loss or Security Breach; the identity of each affected person if known, and the steps theTeacherhas taken or will take in order to mitigate and remediate such Security Breach, in each case as promptly as such information can be collected or otherwise becomes available (as well as periodic updates to this information and any other information Yoga Nexus may reasonably request relating to the Loss or Security Breach); and
- Investigate the Matter promptly. Teacher shall promptly take action, at its own expense, to investigate the Loss or Security Breach and to identify, prevent and mitigate the effects of the Loss or Security Breach and to carry to appropriate recovery actions to remedy the Loss or Security Breach.
- Compliance with Data Protection Legislation. Teacher shall comply at all times with and assist Yoga Nexus in complying with its applicable obligations under Data Protection Legislation. Teacher shall provide reasonable information requested by Yoga Nexus to demonstrate compliance with the obligations set out in this DPA. Teachers will notify Yoga Nexus immediately if, in Teacher’s opinion, an instruction for the processing of personal data given by Yoga Nexus violates any country’s data privacy legislation.