Last updated: 4 September 2023
These Data Processing Terms govern the processing by Azteco of your data as an Azteco Reseller, coming into force when you accept the Azteco Reseller Terms of Service. You accept and agree to be bound by these terms and warrant that you have proper authority to enter into them, on behalf of the business using the Azteco Reseller Portal.
For purposes of these terms, ‘data controller’, ‘data processor’, ‘processing’ and ‘appropriate technical and organizational measures’ shall be interpreted in accordance with the applicable Data Protection Legislation of the State of Delaware. All other defined terms have the same meaning as those found in the Reseller Terms of Service, unless otherwise defined herein.
Data protection and authorizations
1. Azteco’s role
Azteco Holdings USA, Inc. is subject to all applicable laws relating to processing of personal data and privacy in the State of Delaware, regardless of where the Azteco Reseller is located, and you agree to be subject to and bound by them.
2. Data processing in the Service
Azteco will process your Personal Data and that of your sub-resellers in order to allow us to provide the Azteco Reseller Service and as described in the General Terms and Additional Terms, including the Privacy Policy. The Personal Data we may process relates to the following categories of Data Subjects:
You
Your sub-resellers
Complainants, correspondents and enquirers
Legal and accounting professionals
The Personal Data we process will be your name, surname and salutation. Azteco will process your Personal Data during the term of the General Terms.
3. Your authorisations
You accept and agree that Azteco is a processor when Azteco accesses Personal Data pertaining to you in the course of providing the Reseller Portal.
You authorize Azteco to outsource data processors, provided that:
Azteco provides the names of all outsourced contractors processors to you on reasonable request
Azteco signs a written agreement with each processor that imposes obligations on them that are no less stringent than those required of Azteco these terms
Azteco is not to be relieved of any of its obligations under these terms by engaging a contractor
Personal data processing
4. Azteco’s obligations as a processor
When Azteco processes your data in the course of providing the Reseller service, Azteco will:
Process that data only in accordance with provision of the service for which you grant automatic authorisation and as set forth in these Data Processing Terms and as necessary to perform the Services. If Azteco is required to process your data for any other purpose by Applicable Delaware Law, Azteco will inform you of this requirement first, unless such Applicable Law prohibits doing so on important grounds of public interest.
Implement and maintain appropriate technical and organizational measures to protect your data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be done on a “best effort” basis.
Except as provided in these Data Processing Terms, the General Terms or any other Additional Terms, do not give access to or transfer your Personal Data to any third party without justifiable reason for the performance of the Reseller function.
Ensure that Azteco staff required to access your Personal Data are subject to an oath of confidentiality in respect of your Personal Data.
Ensure that none of Azteco's staff publish, disclose or divulge any of your Personal Data to any third party unless required by Delaware law only or a technical requirement to maintain the level of service we provide.
Should you choose to close your Reseller account, and only upon your written request, securely delete your Personal Data, and existing copies unless Applicable Delaware Law requires retaining of that Personal Data.
The obligations contained in this Section 4 will not be applicable when Azteco acts as a data controller.
Security breaches
5. Azteco’s response to security breaches
In the event of any suspected destruction, loss, alteration, or disclosure of, or access to the Personal Data that the Data Processor processes or is responsible for processing in the course of providing the Services, whether accidental, unauthorized or unlawful (each such event, a ‘Security Breach’), Azteco will take action to investigate the suspected Security Breach and to identify, prevent and mitigate the effects of the suspected Security Breach and to remedy the Security Breach. Azteco will notify you of any Security Breach without undue delay where appropriate.
Miscellaneous
6. Conflicts
In the event of any conflict or inconsistency between the provisions of these Data Processing Terms, the General Terms or any other Additional Terms, these Data Processing Terms shall prevail in relation to the subject matter of the Data Protection Legislation.