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API Terms of Service

API Terms of Service
api-terms-of-service
GROU.PS API General Terms and Conditions of Use
§ 1 Preamble
GROU.PS Inc is the provider of the business social network GROU.PS, an Internet platform which allows users to establish contact and communicate with other users.

GROU.PS Inc provides selected developers and companies (hereafter referred to as Consumer) with the GROU.PS API which can be used to develop and offer applications that allow users to access data and content outside of the GROU.PS platform and to incorporate outside content into the GROU.PS Internet platform.

The GROU.PS API is an Application Programming Interface provided by GROU.PS Inc that allows the Consumer to read and write data from and to the GROU.PS platform in the form of Consumer-operated applications to the extent set out in this agreement.

To this end, the Consumer concludes a utilization agreement for the GROU.PS API with GROU.PS Inc, Gaensemarkt 43, 20354, Hamburg, Germany. The “About this site” section on www.GROU.PS.com provides further contact details, commercial register information, and the names of persons authorized to represent GROU.PS Inc.

§ 2 Definitions
1. Application
All data processing programs or IT systems from the Consumer that are to be linked, created and/or adapted and that are directly required for read/write access to the GROU.PS API.

2. Internet platform
The entirety of all software- and hardware-related systems that are used to provide the telemedia service (German Telemediendienst) GROU.PS; or the telemedia service GROU.PS itself.

3. Consumer key
A character string issued to the Consumer by GROU.PS Inc, which allows the Consumer to be definitively identified and authorized.

4.
The terms ‘personal data’, ‘special categories of data/sensitive data categories’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority/authority’ shall have the same meaning as in Directive 95/46/EC of October 24, 1995 (whereby ‘the authority’ shall mean the competent data protection authority in the territory in which GROU.PS Inc is established).

§ 3 Registration
The Consumer is required to register as a Consumer with GROU.PS Inc prior to being permitted to use the GROU.PS API. By doing so, the Consumer assures that all of the data entered during registration are both correct and complete. The Consumer is obliged to immediately notify GROU.PS Inc in the event of any changes to its details. The Consumer has no right to register for the GROU.PS API and GROU.PS Inc can decide at its own discretion who is permitted to use the GROU.PS API.

§ 4 Consumer Application
(1) The Consumer must initially describe the type and purpose of its Applications and how they use data.

(2) The Consumer is obliged to design and provide Applications to be linked into the GROU.PS Inc platform in such a form that they do not violate the applicable laws and legal regulations, in particular legal regulations regarding the collection, processing and use of personal data as well as regulations regarding the protection of minors.

(3) The Consumer is obliged to design and provide Applications in such a form that they do not violate or infringe upon any rights of any third party in any manner.

(4) The Consumer shall not give the impression by using GROU.PS logos that its Applications or features, e.g. by using GROU.PS logos. The Consumer is obliged to design and provide Applications in such a form that users of the GROU.PS Inc Internet platform can quickly and easily see that the Consumer is the provider of and responsible for Applications and their operation, not GROU.PS Inc.

(5) The Consumer is obliged to design and provide Applications in such a way that other contents and services of the GROU.PS Inc Internet platform are not adversely affected. This applies in particular to Application contents which would negatively influence the performance of the Internet platform (such as slowing down the loading time) or which would impair existing functionalities of GROU.PS, business models of GROU.PS Inc, or the interests of its users.

(6) The Consumer undertakes, at its own cost, the QA testing, quality assurance and customer support for its Applications.

(7) Applications must not contain any features that query, collect or reproduce GROU.PS user names or passwords.

(8) The GROU.PS platform restrictions put in place by GROU.PS Inc must not be bypassed by Applications.

(9) The Consumer is not permitted to pre-fill any fields within its Applications unless such content is generated by the user’s previous actions.

(10) GROU.PS’s messaging features must not be used by Applications to directly communicate with users.

(11) The Consumer must not disguise the identity of its Applications when using the GROU.PS API. This means that Applications that use the GROU.PS API must be registered and legitimated as such. The Consumer’s Application must not claim to be a different application.

§ 5 Linking of the Application
(1) The linking of an Application to the GROU.PS Inc Internet platform shall be at the absolute discretion of GROU.PS Inc. GROU.PS Inc reserves the right to refuse to allow the Application to be linked if there are grounds to believe that the linking of the Application could negatively influence the interests of GROU.PS Inc.

(2) GROU.PS Inc may, at its sole discretion, modify the GROU.PS API at any time within the course of further technical development. GROU.PS Inc will inform the Consumer about the modifications in a timely manner. In the event of further development, GROU.PS Inc reserves the right to remove older versions of the GROU.PS API.

(3) In the event of user complaints about the integration of a Consumer’s Application into the GROU.PS Inc Internet platform, GROU.PS Inc shall be permitted to end the integration at any time.

(4) There are certain traffic limits for each Application (e.g. number of calls per day). These limits are described in the GROU.PS API documentation, which forms an integral part of this agreement. GROU.PS Inc can, at its own discretion, change the limits at any time.

§ 6 Testing of the Application
(1) After the Application has been approved by GROU.PS Inc, the Consumer may make the Application available to users.

(2) GROU.PS Inc has the right to test the Application in advance to ensure that it conforms to the contractual requirements. To this end, GROU.PS Inc can demand that the Consumer provide a complete and fully functional version of the Application.

(3) GROU.PS Inc shall make an effort to carry out said testing promptly. Notwithstanding this, the Consumer is not guaranteed a specific timeframe for testing.

(4) Once the Application is operational, GROU.PS Inc is entitled to examine whether or not the contractual requirements are met by the Application. The Consumer is obliged to allow GROU.PS Inc to examine whether or not the contractual requirements are met by the Application. The Consumer is also obliged to provide GROU.PS Inc with sufficient information about the Applications and grant GROU.PS Inc access to its Applications or systems so that GROU.PS Inc can check how the Consumer is using the GROU.PS API.

(5) If there are indications that the Application does not or cannot meet the contractual requirements while operational, GROU.PS Inc has the right to end the linking of the Application at any time. In such a case, GROU.PS Inc will inform the Consumer in text form immediately.

(6) In the event that GROU.PS Inc ends the linking of an Application, the Consumer shall have the opportunity to prove that the Application does meet the contractual requirements.

§ 7 Modifications to the Application
(1) The Consumer is obliged to link or have linked to the GROU.PS Inc Internet platform via GROU.PS API only the version of the Application approved by GROU.PS Inc.

(2) The Consumer shall inform GROU.PS Inc immediately if modifications are made to Applications or if modifications to the type or purpose of said Applications are planned. GROU.PS Inc has the right to examine each modification to Applications in advance of it being made to ensure that the modification conforms to the contractual requirements.

(3) GROU.PS Inc has the right to refuse to accept modifications made to an Application for which testing is complete, or to end the linking of the said Application. Continued operation of a modified Application is subject to the express prior permission of GROU.PS Inc.

§ 8 Data processing/user protection/security
(1) The relevant GROU.PS API documentation governs which data may be made available by GROU.PS Inc to Applications via GROU.PS API, or which data Applications may incorporate into the GROU.PS Internet platform via GROU.PS API.

(2) The Consumer does not have a right to a transfer of personal data by GROU.PS Inc, particularly in cases where this transfer conflicts with legal regulations.

(3) The transfer of personal data by GROU.PS Inc to the Consumer only takes place based on the express permission of the Application user.

(4) The Consumer must inform users of the respective Application about the purpose, type and scope of the collection, processing, and use of personal data when the Application is used. The Consumer must also store this information permanently and the users of the Application must be able to retrieve it at any time.

(5) In any case, the Consumer is prohibited from processing data that is not absolutely necessary to provide the functions of the respective Application used by the user, be it on the Consumer’s IT systems and/or data processing systems, or on such systems operated by third parties for the Consumer. This applies in particular to personal data of the GROU.PS contacts of the Application user and the personal data of other GROU.PS users.

(6) Data and information retrieved via the GROU.PS API may not be processed or used outside of the respective Application. Data retrieved via the GROU.PS API may not be forwarded to third parties.

(7) Personal data may not be stored by the Consumer any longer than absolutely necessary. The Consumer is obliged to delete a user’s personal data as soon as the user revokes data transfer by GROU.PS Inc or revokes data retrieval by the Consumer.

(8) The Consumer is prohibited from carrying out so-called “pre-fetching”, “caching” and other forms of data storage. An exception to this is the temporary, secure storage of small quantities of data where required to ensure the Application’s overall performance.

(9) The Consumer is prohibited from seting up or saving a database consisting of user profiles and/or so-called GROU.PS user social graphs.

(10) The Consumer may not use the data (especially email addresses) collated by means of the GROU.PS API for its own marketing or advertising purposes, nor is the Consumer permitted to make this data accessible to any third party for marketing or advertising purposes.

(11) The Consumer may not transfer the Consumer Key to third parties, and must implement adequate security measures to ensure that third parties do not acquire access to the Consumer Key. A representative that operates the Application on behalf of the Consumer is not considered to be a third party. The Consumer is liable for all activities carried out using its Consumer Key.

(12) The Consumer is obliged to safeguard its Applications and systems against external attacks and technical failures in accordance with all the generally recognized regulations of technology.

(13) The Consumer shall reply to queries from data subjects and the supervisory authority when it comes to the Consumer processing personal data.

(14) The Consumer must provide a “notice and takedown” policy in order to immediately remove illegal content from Applications as soon as it becomes aware thereof.

(15) At the Application user’s request, the Consumer must completely delete said user’s personal data retrieved via the GROU.PS API. To this end, the Consumer must provide an easily accessible mechanism for deletion requests of users.

(16) If one of the terms of this agreement is violated, GROU.PS Inc can demand that the Consumer fully delete all of the data retrieved via the GROU.PS API and provide GROU.PS Inc with sufficient proof to this end.

§ 9 Transferring personal data to third countries
If personal data retrieval involves said data being transferred to a country outside of the European Union (known as a “third country”), the terms set out in the standard contractual clauses adopted by the EU Commission for transferring personal data from the EU to third countries in the exhibit to these Terms and Conditions shall apply in order to ensure an appropriate level of protection.

§ 10 Rights of use and restrictions on usa
(1) GROU.PS Inc grants the Consumer a limited, non-exclusive, non-transferrable, global right to use the GROU.PS API for developing, testing, supporting and operating its Application(s) for the duration of and pursuant to the terms of the contract and the specifications to which the Consumer is bound.

(2) The Consumer is expressly prohibited from using the GROU.PS API or any data or content retrieved via the GROU.PS API for any purpose other than the rights of use set out and granted in these Terms and Conditions.

(3) The Consumer is prohibited from attempting to perform reverse engineering, decompiling or any other methods to acquire the GROU.PS API source code unless there are any legal regulations in place that expressly permit or require such attempts.

(4) The Consumer is prohibited from developing and/or providing a “hosted service” that reimplements or duplicates the GROU.PS API functionality. A hosted service forwards data, content or services provided by the GROU.PS API to third parties and, in particular, developers with the intention of operating software applications.

(5) The personal data, content and services provided by the GROU.PS API may only be used via the GROU.PS API. The Consumer is prohibited from using third-party hosted services to access the data, content and services provided by the GROU.PS API.

(6) The Consumer is prohibited from modifying and/or manipulating the personal data provided by the GROU.PS API. The same also applies to links supplied by the GROU.PS API.

(7) The GROU.PS API may not be used for mass download purposes. The Consumer is prohibited from providing third parties with bulk data, also known as feed.

§ 11 Branding guidelines
(1) The Consumer must comply with the current applicable branding guidelines as amended from time to time by GROU.PS Inc.

(2) The personal data relating to users received via the GROU.PS API may only be used for advertising purposes if users provide express permission to do so.

§ 12 Functionality of the Internet platforms and systems
(1) Both parties will make every effort to provide uninterrupted operation of their respective Internet platforms and systems. They cannot guarantee, however, that the Internet platforms and systems will not experience any interruptions in operation. In particular, there may be interferences and interruptions in service due to maintenance work.

(2) It is the duty of the Consumer to prepare its Applications in such a way that no damage is caused in the event of outages or technical errors.

§ 13 Indemnification
The Consumer exempts GROU.PS Inc from any claims of third parties relating to the violation of rights or alleged violation of rights, and is obligated to compensate GROU.PS Inc for any resulting negative effects or damages. This includes, in particular, compensation for the costs of retaining the services of an attorney for legal consultation and/or representation.

§ 14 Liability
(1) In general the parties may not make claims for damages against one another. Exceptions to this exemption from liability are outlined in Paragraphs 2 to 6.

(2) The parties are liable without limitation for damages incurred due to willful or grossly negligent conduct by the respective party.

(3) The parties are liable without limitation for claims for damages arising from death and injury to body and health.

(4) Damages that result from serious organizational negligence of the parties are also excluded from the exemption from liability, as are damages that occur due to the absence of a guaranteed condition.

(5) If essential contractual obligations (cardinal obligations) are violated, the parties’ liability is limited, according to the scale of the violation, to damages that are reasonably foreseeable at the time the contract is drawn up. The concept of cardinal obligation refers abstractly to such obligations which, when fulfilled, make it possible for the contract to be properly carried out. The other contractual partner can also regularly rely on the fact that these obligations are complied with.

(6) To the extent that the contractual liability of the parties is excluded or limited, this also applies to the personal liability of employees, representatives and assistants of the parties.

§ 15 Period of validity and cancellation
(1) The agreement is valid for an indefinite period. Each contractual party can cancel it at any time with a notice period of one month prior to the end of a month. The cancellation must be submitted by letter or in text form. The right to terminate the agreement for good cause at any time without notice is reserved.

(2) Good cause applies in particular if the Consumer violates one of the terms of this agreement or applicable data protection laws.

(3) In the event of good cause, GROU.PS Inc may also temporarily or permanently block the Consumer’s access to the GROU.PS API or introduce limits to the GROU.PS API features it can access.

(4) When the agreement ends, the connection of all Applications to the GROU.PS Internet platform will be terminated.

(5) When the agreement ends, the Consumer must delete all of the data acquired through the use of the GROU.PS API.

§ 16 Final clauses
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on the International Sale of Goods.

(2) The place of jurisdiction for any disputes that arise from or in connection with this agreement is that of the headquarters of GROU.PS Inc.

(3) GROU.PS Inc reserves the right to modify these Terms and Conditions at any time without being required to justify doing so unless modifications are unreasonable to the Consumer. GROU.PS will notify the Consumer regarding any modifications to the Terms and Conditions in good time. If the Consumer does not revoke the new Terms and Conditions within six (6) weeks of notification, the modified Terms and Conditions shall be deemed to have been accepted by the Consumer. Within the course of notifying the Consumer about its modified Terms and Conditions, GROU.PS Inc will also notify the Consumer about its right to revocation and the meaning thereof.

(4) Should individual terms of this agreement be invalid or lose validity due to factors arising at a later date, the validity of the rest of the agreement shall remain unaffected.

(5) Communication with the Consumer may take place in the form of emails sent to the email address entered by the Consumer during registration. The Consumer must ensure that its email address is always up to date and that it is always able to receive emails from GROU.PS Inc.

EXHIBIT
“SET II”

STANDARD CONTRACTUAL CLAUSES FOR THE TRANSFER OF PERSONAL DATA FROM THE COMMUNITY TO THIRD COUNTRIES
(CONTROLLER TO CONTROLLER TRANSFERS)
Data transfer agreement between 
GROU.PS Inc (hereinafter “data exporter”)
and
Consumer (hereafter “data importer”)
each a “party”; together “the parties”.

DEFINITIONS
I. Obligations of the data exporter
The data exporter warrants and undertakes that:

a) The personal data have been collected, processed and transferred in accordance with the laws applicable to the data exporter.

b) It has used reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses.

c) It will provide the data importer, when so requested, with copies of relevant data protection laws or references to them (where relevant, and not including legal advice) of the country in which the data exporter is established.

d) It will respond to enquiries from data subjects and the authority concerning processing of the personal data by the data importer, unless the parties have agreed that the data importer will so respond, in which case the data exporter will still respond to the extent reasonably possible and with the information reasonably available to it if the data importer is unwilling or unable to respond. Responses will be made within a reasonable time.

e) It will make available, upon request, a copy of the clauses to data subjects who are third party beneficiaries under clause III, unless the clauses contain confidential information, in which case it may remove such information. Where information is removed, the data exporter shall inform data subjects in writing of the reason for removal and of their right to draw the removal to the attention of the authority. However, the data exporter shall abide by a decision of the authority regarding access to the full text of the clauses by data subjects, as long as data subjects have agreed to respect the confidentiality of the confidential information removed. The data exporter shall also provide a copy of the clauses to the authority where required.

II. Obligations of the data importer
The data importer warrants and undertakes that:

a) It will have in place appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.

b) It will have in place procedures so that any third party it authorises to have access to the personal data, including processors, will respect and maintain the confidentiality and security of the personal data. Any person acting under the authority of the data importer, including a data processor, shall be obligated to process the personal data only on instructions from the data importer. This provision does not apply to persons authorised or required by law or regulation to have access to the personal data.

c) It has no reason to believe, at the time of entering into these clauses, in the existence of any local laws that would have a substantial adverse effect on the guarantees provided for under these clauses, and it will inform the data exporter (which will pass such notification on to the authority where required) if it becomes aware of any such laws.

d) It will process the personal data for purposes described in Annex B, and has the legal authority to give the warranties and fulfil the undertakings set out in these clauses.

e) It will identify to the data exporter a contact point within its organisation authorised to respond to enquiries concerning processing of the personal data, and will cooperate in good faith with the data exporter, the data subject and the authority concerning all such enquiries within a reasonable time. In case of legal dissolution of the data exporter, or if the parties have so agreed, the data importer will assume responsibility for compliance with the provisions of clause I(e).

f) At the request of the data exporter, it will provide the data exporter with evidence of financial resources sufficient to fulfil its responsibilities under clause III (which may include insurance coverage).

g) Upon reasonable request of the data exporter, it will submit its data processing facilities, data files and documentation needed for processing to reviewing, auditing and/or certifying by the data exporter (or any independent or impartial inspection agents or auditors, selected by the data exporter and not reasonably objected to by the data importer) to ascertain compliance with the warranties and undertakings in these clauses, with reasonable notice and during regular business hours. The request will be subject to any necessary consent or approval from a regulatory or supervisory authority within the country of the data importer, which consent or approval the data importer will attempt to obtain in a timely fashion.

h) It will process the personal data in accordance with the data processing principles set forth in Annex A.

i) It will not disclose or transfer the personal data to a third party data controller located outside the European Economic Area (EEA) unless it notifies the data exporter about the transfer and i) the third party data controller processes the personal data in accordance with a Commission decision finding that a third country provides adequate protection, or ii) the third party data controller becomes a signatory to these clauses or another data transfer agreement approved by a competent authority in the EU, or iii) data subjects have been given the opportunity to object, after having been informed of the purposes of the transfer, the categories of recipients and the fact that the countries to which data is exported may have different data protection standards, or iv) with regard to onward transfers of sensitive data, data subjects have given their unambiguous consent to the onward transfer.

III. Liability and third party rights
a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law.

b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

IV. Law applicable to the clauses
These clauses shall be governed by the law of the country in which the data exporter is established, with the exception of the laws and regulations relating to processing of the personal data by the data importer under clause II(h), which shall apply only if so selected by the data importer under that clause.

V. Resolution of disputes with data subjects or the authority
a) In the event of a dispute or claim brought by a data subject or the authority concerning the processing of the personal data against either or both of the parties, the parties will inform each other about any such disputes or claims, and will cooperate with a view to settling them amicably in a timely fashion.

b) The parties agree to respond to any generally available non-binding mediation procedure initiated by a data subject or by the authority. If they do participate in the proceedings, the parties may elect to do so remotely (such as by telephone or other electronic means). The parties also agree to consider participating in any other arbitration, mediation or other dispute resolution proceedings developed for data protection disputes.

c) Each party shall abide by a decision of a competent court of the data exporter’s country of establishment or of the authority which is final and against which no further appeal is possible.

VI. Termination
a) In the event that the data importer is in breach of its obligations under these clauses, then the data exporter may temporarily suspend the transfer of personal data to the data importer until the breach is repaired or the contract is terminated.

b) In the event that:

i) the transfer of personal data to the data importer has been temporarily suspended by the data exporter for longer than one month pursuant to paragraph (a);
ii) compliance by the data importer with these clauses would put it in breach of its legal or regulatory obligations in the country of import;
iii) the data importer is in substantial or persistent breach of any warranties or undertakings given by it under these clauses;
iv) a final decision against which no further appeal is possible of a competent court of the data exporter’s country of establishment or of the authority rules that there has been a breach of the clauses by the data importer or the data exporter; or
v) a petition is presented for the administration or winding up of the data importer, whether in its personal or business capacity, which petition is not dismissed within the applicable period for such dismissal under applicable law; a winding up order is made; a receiver is appointed over any of its assets; a trustee in bankruptcy is appointed, if the data importer is an individual; a company voluntary arrangement is commenced by it; or any equivalent event in any jurisdiction occurs
then the data exporter, without prejudice to any other rights which it may have against the data importer, shall be entitled to terminate these clauses, in which case the authority shall be informed where required. In cases covered by (i), (ii), or (iv) above the data importer may also terminate these clauses.

c) Either party may terminate these clauses if (i) any Commission positive adequacy decision under Article 25(6) of Directive 95/46/EC (or any superseding text) is issued in relation to the country (or a sector thereof) to which the data is transferred and processed by the data importer, or (ii) Directive 95/46/EC (or any superseding text) becomes directly applicable in such country.

d) The parties agree that the termination of these clauses at any time, in any circumstances and for whatever reason (except for termination under clause VI(c)) does not exempt them from the obligations and/or conditions under the clauses as regards the processing of the personal data transferred.

VII. Variation of these clauses
The parties may not modify these clauses except to update any information in Annex B, in which case they will inform the authority where required. This does not preclude the parties from adding additional commercial clauses where required. This does not preclude the parties from adding additional commercial clauses where required.

VIII. Description of the transfer
The details of the transfer and of the personal data are specified in Annex B. The parties agree that Annex B may contain confidential business information which they will not disclose to third parties, except as required by law or in response to a competent regulatory or government agency, or as required under clause I(e). The parties may execute additional annexes to cover additional transfers, which will be submitted to the authority where required. Annex B may, in the alternative, be drafted to cover multiple transfers.

ANNEX A
REGARDING THE “STANDARD CONTRACTUAL CLAUSES FOR THE TRANSFER OF PERSONAL DATA FROM THE COMMUNITY TO THIRD COUNTRIES”

DATA PROCESSING PRINCIPLES
Purpose limitation: Personal data may be processed and subsequently used or further communicated only for purposes described in Annex B or subsequently authorised by the data subject.

Data quality and proportionality: Personal data must be accurate and, where necessary, kept up to date. The personal data must be adequate, relevant and not excessive in relation to the purposes for which they are transferred and further processed.

Transparency: Data subjects must be provided with information necessary to ensure fair processing (such as information about the purposes of processing and about the transfer), unless such information has already been given by the data exporter.

Security and confidentiality: Technical and organisational security measures must be taken by the data controller that are appropriate to the risks, such as against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, presented by the processing. Any person acting under the authority of the data controller, including a processor, must not process the data except on instructions from the data controller.

Rights of access, rectification, deletion and objection: As provided in Article 12 of Directive 95/46/EC, data subjects must, whether directly or via a third party, be provided with the personal information about them that an organisation holds, except for requests which are manifestly abusive, based on unreasonable intervals or their number or repetitive or systematic nature, or for which access need not be granted under the law of the country of the data exporter. Provided that the authority has given its prior approval, access need also not be granted when doing so would be likely to seriously harm the interests of the data importer or other organisations dealing with the data importer and such interests are not overridden by the interests for fundamental rights and freedoms of the data subject. The sources of the personal data need not be identified when this is not possible by reasonable efforts, or where the rights of persons other than the individual would be violated. Data subjects must be able to have the personal information about them rectified, amended, or deleted where it is inaccurate or processed against these principles. If there are compelling grounds to doubt the legitimacy of the request, the organisation may require further justifications before proceeding to rectification, amendment or deletion. Notification of any rectification, amendment or deletion to third parties to whom the data have been disclosed need not be made when this involves a disproportionate effort. A data subject must also be able to object to the processing of the personal data relating to him if there are compelling legitimate grounds relating to his particular situation. The burden of proof for any refusal rests on the data importer, and the data subject may always challenge a refusal before the authority.

Sensitive data: The data importer shall take such additional measures (e.g. relating to security) as are necessary to protect such sensitive data in accordance with its obligations under clause II.

Data used for marketing purposes: Where data are processed for the purposes of direct marketing, effective procedures should exist allowing the data subject at any time to “opt-out” from having his data used for such purposes.

Automated decisions: For purposes hereof “automated decision” shall mean a decision by the data exporter or the data importer which produces legal effects concerning a data subject or significantly affects a data subject and which is based solely on automated processing of personal data intended to evaluate certain personal aspects relating to him, such as his performance at work, creditworthiness, reliability, conduct, etc. The data importer shall not make any automated decisions concerning data subjects, except when:

a) such decisions are made by the data importer in entering into or performing a contract with the data subject, and the data subject is given an opportunity to discuss the results of a relevant automated decision with a representative of the parties making such decision or otherwise to make representations to that party, or b) where otherwise provided by the law of the data exporter.

ANNEX B
REGARDING THE “STANDARD CONTRACTUAL CLAUSES FOR THE TRANSFER OF PERSONAL DATA FROM THE COMMUNITY TO THIRD COUNTRIES” DESCRIPTION OF THE TRANSFER

DATA SUBJECTS
The personal data transferred concern the following categories of data subjects:

Members of the GROU.PS Internet platform

Purpose of the transfer(s)
The transfer is made for the following purposes:

The data exporter provides selected developers and companies (hereafter referred to as Consumer) with the GROU.PS API which can be used to develop and offer Applications that allow users to access data and content outside of the GROU.PS platform and to incorporate outside content into the GROU.PS Internet platform. The GROU.PS API is an Application Programming Interface provided by GROU.PS Inc that allows the Consumer to read and write data from and to the GROU.PS platform in the form of Consumer-operated applications to the extent set out in this agreement.

Categories of data
The personal data transferred concern the following categories of data:

See individual description for the data importer.

Recipients
The personal data transferred may be disclosed only to the following recipients or categories of recipients:

Other users of the application, other Internet users if this corresponds to the application’s settings and the application user was notified thereof.