Online Subscription Agreement
Live Video Shopping - One-to-Many

Last Updated: April 7th, 2021

Appendix A

Technical Specification (Bambuser Solution)

General technical description

The Bambuser Solution is a cloud-based service that enables the Customer to broadcast live video streaming shows with an integrated shopping feature. The Bambuser Solution is an in-house developed software dependent on third-party services by AWS and Google Cloud. These third-party services are distributed by Bambuser (embedded in the Bambuser Solution) and are not to be used on a stand-alone basis by the Customer. The Bambuser Solution is built partly using open source software and the Customer acknowledges that Bambuser is using industry standard open source products. Bambuser follows the applicable licenses such as MIT and Apache. 

The Bambuser Solution includes the following features:

Tracking Script

Appendix B

Data Processing Agreement

Background and Purpose

In addition to any confidentiality obligations under the Agreement, Bambuser and the Customer shall comply with the requirements set out in this Appendix B (“DPA”) in respect of Personal Data. Unless otherwise stipulated, the provisions of this DPA shall take precedence over the provisions of the main body of the Agreement with respect to the subject matter hereof.

This DPA sets out the terms and conditions for the processing of Personal Data by Bambuser (and where relevant its Affiliates) on behalf of Customer under the Agreement (as defined below), under which Bambuser provides services as to the Customer. Except as may be otherwise required under Data Protection Laws, Customer, on behalf of any other Controller (e.g., where applicable, companies within Customer´s company group or other Controllers designated by Customer, in both cases subject to agreement between Customer and Bambuser), shall serve as a single point of contact for Bambuser with regard to all matters under this DPA and shall be responsible for the internal coordination, review and submission of instructions or requests to Bambuser as well as the onward distribution of any information, notifications and reports provided by Bambuser hereunder.

Unless otherwise stipulated, the provisions of this DPA shall take precedence over the provisions of the Agreement with respect to the subject matter hereof.

IT IS AGREED as follows:

  1. Responsibilities

  2. Transfer of Personal Data

  3. Sub-processors

  4. Data Breach

  5. Records

  6. Audits

  7. Limitation of Liability

  8. Governing Law and Disputes

Sub-Appendix 1

The Parties agree the following:

Processing activities

The Processor will Process Personal Data for the purpose of fulfilling its obligations under the Agreement.

Duration of Processing

The Personal Data shall be Processed during the term of the Agreement.

Sub-processors

The following sub-processors may Process the Personal Data:

  • Company name: Amazon Web Services

    • Country of establishment: US
    • Country of processing: US and Ireland (EU)
    • Type of processor: Cloud service provider
  • Company name: Google Cloud Platform

    • Country of establishment: US
    • Country of processing: US and Ireland (EU)
    • Type of processor: Cloud service provider

Data Security

The Processor’s data security requirements are set out in Sub-appendix 2.

Categories of Data Subjects

The categories of Data Subjects:

  • Controller’s employees including consultants, temporary and casual workers

  • Representatives of Controller’s suppliers or business partners

  • Controller’s customers

  • Other participants in live show chat

Type of Personal Data

The Processor will process the following types of Personal Data about the following categories of Data Subjects:

  • Agent/Live Video Host/Other persons appearing in the Live Video

    • Name
    • Role / Title
    • Picture / video
    • Other personal information shared in live video
  • Users/Shoppers/Viewers

    • Personal information shared in live video chat
  • One-to-One product specific

    • Full name
    • E-mail address
    • Other personal information shared in live video
  • One-to-Many product specific

    • User name when participating in chat
  • Staff using Service back office

    • Full name
    • E-mail address
  • Special categories of Personal Data:

    • None, unless such data is shared in the chat or video.

Notices

Notices regarding any Personal Data breach, changes in Processing (including sub-processor changes) and other notifications under this DPA or this Sub-appendix 1 shall be made to the following contact (and/or as may be set out in this DPA):

  • If to Controller: 

    • As set out in the Subscription Order
  • If to Processor: 

    • Security Coordinator
    • security@bambuser.com
    • Other personal information shared in live video

Sub-Appendix 2

Technical and Organisational Measures