Processing personal data in a secure, fair, and transparent way is extremely important to us at Fabman. As part of this effort, we process personal data in accordance with the EU’s General Data Protection Regulation (GDPR).
To better protect individuals’ personal data, we are providing these terms to govern Fabman’s and your handling of personal data (this Data Processing Addendum or DPA).
This DPA supplements the Terms of Service (Terms) and requires no further action on your part.
In the event of a conflict between the terms of this DPA and the Terms, the terms of this DPA shall prevail.
If you don’t agree to this DPA, you may discontinue the use of all Fabman services and delete your account.
It is important that all parties understand what data and whose data is protected under this DPA. Each party has respective obligations to protect personal; therefore, the following definitions explain the scope of this DPA and the mutual commitments to protect personal data.
“Fabman”, “we”, “us”, or “our” refers to the provider of the Fabman website, Fabman hardware and services (collectively referred to as “Service.”).
“You” or “Customer” refers to the company or organization that signs up to use the Fabman Service to manage equipment, members, or payments.
“Party” refers to Fabman and/or the customer depending on the context.
“Personnel” refers to those individuals who are employed by or are under contract to perform a service on behalf of one of the parties. It is important to be clear about how personnel’s rights are protected.
“Data Subjects” refers to those individuals who are consumers or users of a Fabman Customer’s goods or services (also “consumers”), as well as any personnel.
“Personal Data” is given the same meaning as in the GDPR which we summarize here as: any data relating directly or indirectly to an identifiable data subject. Personal data does not include any data that is anonymized, aggregated, de-identified and/or compiled on a generic basis and which does not name or identify a specific individual, directly or indirectly.
“Processing” is given the same meaning as in the GDPR, which we summarize as including: collecting, recording, using, storing, amending, adapting, disclosing, transferring or transmitting, structuring, using, combining, deleting or destroying, personal data (“Process” and “Processed” shall have similar meanings).
“Controller” is given the same meaning as in the GDPR, which we summarize as the party that determines the purposes and means of the processing of personal data – the customer is the controller with respect to consumer personal data. Each party may be the controller of personal data it processes about the other’s personnel.
“Processor” is the party that processes personal data on behalf of the controller – Fabman is the processor of the personal data we process about your consumers.
“Subprocessor” is a third-party, independent contractor, vendor, or supplier who provides specific services and products related to the Fabman website and our services, such as hosting, credit card processing and fraud screening, and mailing list hosting ("third-party" or "outside contractor" shall have similar meanings).
“Incident” means: (a) a complaint or a request with respect to the exercise of an individual’s rights under the GDPR; (b) an investigation into or seizure of the personal data by government officials, or a specific indication that such an investigation or seizure is imminent; or (c) any breach of the security and/or confidentiality as set out in this DPA leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the personal data, or any indication of such breach having taken place or being about to take place.
For the sake of readability, we do not use initial capitalization of defined terms in this DPA. Defined terms are defined terms, irrespective of their format.