Data Processing Agreement - Creator Privacy Promise

Date: March 29, 2023

WNR.AI empowers creators on our platform (“Creators”) to produce and monetize templates by directly connecting with users (“Users”). Users can access free templates or opt for a premium account to use premium templates created by Creators.

To facilitate this direct connection with Users and enable template usage and obligations to be fulfilled, WNR.AI provides the personal data of Users (“UserData”) to Creators. Creators then process User Data in order to provide Users any and all products or services as part of that Creator’s offerings on WNR.AI (collectively known as “Template Services”). WNR.AI requires all Creators to agree to this Data Processing Agreement (“Privacy Promise”) to ensure that Creators respect the privacy rights of Users when processing User Data.

This Privacy Promise is between WNR.AI and Creators, taking effect from the moment a WNR.AI account is created and applies exclusively to the User Data collected by WNR.AI and provided to Creators for the purpose of operating a template business with WNR.AI.

This Privacy Promise is an extension of WNR.AI’s Terms of Service and Privacy Policy and will outline certain requirements for Creators to process UserData during and beyond their relationship with WNR.AI.

I. Definitions.

  1. "Data Protection Legislation" means all applicable laws relating to privacy and the processing of personal data that may exist in any relevant jurisdiction. Data Protection Legislation includes, but is not limited to, the United States' applicable federal, state, and local privacy laws and regulations, such as the California Consumer Privacy Act (CCPA) and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts, or consolidates any of them.
  2. "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:
    1. is skilled and experienced in providing the services in question, seeking in good faith to comply with his contractual obligations and seeking to avoid liability arising under any duty of care that might reasonably apply;
    2. takes all proper and reasonable care and is diligent in performing his obligations; and
    3. complies with the Data Protection Legislation.
  3. The terms "data controller", "data processor", “subprocessor”, "data subject", "personal data", "processing", and "appropriate technical and organizational measures" shall be interpreted in accordance with the applicable Data Protection Legislation in the relevant jurisdiction.

II. Scope.

The parties agree that WNR.AI is a data controller and that Creator is a data processor in relation to UserData that Creator processes in the course of providing Template 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 Template Services. The processing to which this Privacy Promise applies will be carried out by Creator upon leaving the WNR.AI platform. The subject matter, duration, nature, and purpose of the processing of the personal data, as well as the type of personal data and categories of data subjects covered by this Privacy Promise, are as follows:

  1. The subject matter of the data processing is UserData.
  2. The duration of the processing is for as long as Creator holds UserData.
  3. The nature and purpose of the processing under this Privacy Promise are limited to a Creator’s fulfillment of Template Services to the User.
  4. The type of personal data covered by this agreement is contact information, including but to username, email address, and subscription details.
  5. The category of the data subjects are website users who sign up for accounts on WNR.AI.

III. Data Protection.

Creator shall adhere to the following requirements:

  1. Processing as Instructed. Creators will process User Data only in accordance with the WNR.AI Terms of Service, Privacy Policy, and this Data Protection Promise, and only in compliance with Data Protection Legislation. The nature and purpose of the processing shall be limited to that necessary to carry out such instructions, and not for Creator's own purposes or for any other purpose except as required by law. If Creator is required by law to process the personal data for any other purpose, Creator will inform the User of such a requirement prior to the processing unless prohibited by law from doing so.
  2. Extent of Processing. Creator will process the personal data only to the extent and in such manner as is necessary for the provision of Template Services.
  3. Appropriate Technical and Organizational Measures. Creator 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 appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage, or theft of the personal data and having regard to the nature of the personal data which is to be protected and as a minimum shall be in accordance with the Data Protection Legislation and Good Industry Practice.
  4. Transfer to Third Parties. Creator 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 WNR.AI. Creator 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 Template Services and must include in any contract with such third party provisions protecting User which are equivalent to those in this Data Protection Promise and the Terms of Service and as are required by applicable Data Protection Legislation.
  5. Reliability and Competence of Creator Personnel. Creator will take reasonable steps to ensure the reliability and competence of any Creator personnel who have access to User Data. Creator will ensure that all Creator personnel 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 Data Protection Promise.
  6. Acknowledgement of Data Protection Legislation and Assistance. Creator will take all reasonable steps to assist WNR.AI in complying with applicable Data Protection Legislation. For example, Creator will promptly inform WNR.AI in writing if it receives: (i) a request from a data subject concerning any personal data; or (ii) a complaint, communication, or request relating to User’s obligations under Data Protection Legislation.
  7. Destruction or Return of Property Upon Template Services Completion. Creator will not retain any of the personal data for longer than is necessary to provide Template Services. At the end of Template Services, or upon User's request, Creator will securely destroy or return (at User’s election) the personal data to User.
  8. Loss or Security Breach. If Creator becomes aware of any accidental, unauthorized, or unlawful destruction, loss, alteration, or disclosure of, or access to User Data processed by Creator in the course of providing Template Services, it will do the following:
    1. Provide notice to WNR.AI. Creator shall promptly and without undue delay notify WNR.AI and provide WNR.AI with: a detailed description of the Loss or Security Breach; the type of data that was the subject of the Loss or Security Breach; the identity of each affected person if known, and the steps Creator has 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 WNR.AI may reasonably request relating to the Loss or Security Breach); and
    2. Investigate the Matter promptly. Creator 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 out appropriate recovery actions to remedy the Loss or Security Breach.
  9. Compliance with Data Protection Legislation. Creator shall comply at all times with and assist WNR.AI in complying with its applicable obligations under Data Protection Legislation. Creator shall provide reasonable information requested by WNR.AI to demonstrate compliance with the obligations set out in this Data Protection Promise. Creator will notify WNR.AI immediately if, in Creator's opinion, an instruction for the processing of personal data given by WNR.AI violates any country’s data privacy legislation.