is a trademark of Etison LLC, and also refers to proprietary Etison LLC software used to create Internet sales funnels. ClickFunnels as used herein also refers to Etison LLC.
B. “Data Protection Requirements” means collectively the GDPR, Local Data Protection Laws, any subordinate legislation and regulation implementing the GDPR, and all Privacy Laws.
C. “Data Subject” means a person from whom You collect Personal Data.
D. “Etison” means Etison LLC, the owner of the ClickFunnels and other trademarks. In this Agreement, references to “Etison” as a Party means and refers to Etison LLC, and Etison LLC’s owner(s), parent company(ies), affiliate entities, and employees, and assigns. Etison LLC is the data processor under this Agreement.
E. “GDPR” means the General Data Protection Regulation promulgated by the European Union for the protection of individuals with regard to the Processing of personal data and on the free movement of such data.
F. “Parties” mean Etison and You. Etison and You are each a “Party.”
G. “Personal Data” means Personal Data (i) that You upload or otherwise provide ClickFunnels in connection with Your use of ClickFunnels’ services; and (ii) for which You are a data controller as defined by the GDPR; and (iii) that satisfies one of the following: (a) can be used to identify, contact or locate a specific individual, (b) can be combined with other information that can be used to identify, contact or locate a specific individual, or (c) is defined as “personal data” or “personal information” by applicable laws or regulations relating to the collection, use, storage or disclosure of information about an identifiable individual.
H. “Personal Data Breach” means any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data.
I. “Privacy Laws” means all applicable laws, regulations, and other legal requirements relating to (a) privacy, data security, consumer protection, marketing, promotion, and text messaging, email, and other communications; and (b) the use, collection, retention, storage, security, disclosure, transfer, disposal, and other Processing of any Personal Data.
J. “Process” and its cognates mean any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
K. “Subprocessor” means any entity which provides Processing services to ClickFunnels in furtherance of ClickFunnels’ Processing on behalf of You.
L. “Supervisory Authority” means an independent public authority which is established by a European Union member state pursuant to the GDPR.
M. “User” refers to a person who has created a ClickFunnels Account. “User Account” refers to a User’s ClickFunnels Account.
N. “You” and “Your” means the ClickFunnels User - You are Data Controller.