This Data Processing Addendum (the “Addendum”) is executed by and between Datanito.com, LTD, and its Affiliates (“Datanito”) and you (“Customer”) and is annexed to and supplements our Universal Terms of Service, Privacy Policy and any and all agreements governing Covered Services (collectively, the “Terms of Service”). Unless otherwise defined this Addendum, all capitalized terms not defined in this Addendum will have the meanings given to them in the Terms of Service.
1. Definitions“Affiliates” means any entity which is controlled by, controls or is in common control with Datanito.
"CCPA” means the California Consumer Privacy Act, Cal. Civ. Code 1798.100 et seq., including any amendments and any implementing regulations thereto that become effective on or after the effective date of this Data Processing Addendum.
“Covered Services” means hosted services that could involve our Processing of Personal Data and are subject to the terms and conditions of the following Agreements: (1) Email Marketing Services, (2) Hosting, (3) Online Store/Quick Shopping Cart, (4) Website Services, (5) Workspace Service.
“Customer Data” means the Personal Data of any Data Subject Processed by Datanito within the Datanito Network on behalf of Customer pursuant to or in connection with the Terms of Service.
“Data Controller” means the Customer, as the entity which determines the purposes and means of the Processing of Personal Data.
“Data Processor” means Datanito, as the entity which Processes Personal Data on behalf of the Data Controller, or the services provider as such term is defined by CCPA
“Data Protection Laws” means all data protection or privacy laws and regulations applicable to the Processing of Personal Data under the Agreement, including the (i) the Australian Privacy Principles and the Australian Privacy Act (1988), (ii) Brazil’s Lei Geral de Proteção de Dados (LGPD), (iii) the California Consumer Privacy Act (CCPA), (iv) Canada’s Federal Personal Information Protection and Electronic Documents Act (PIPEDA), (v) the European Union's General Data Protection Regulation (GDPR), (vi) any national data protection laws made under or pursuant to the GDPR (vii) the EU e-Privacy Directive (Directive 2002/58/EC), (viii) Singapore’s Personal Data Protection Act 2012 (PDPA), (ix) the Swiss Federal Data Protection Act of 19 June 1992 and its Ordinance, (x) UK GDPR or Data Protection Act 2018; in each case as may be amended, superseded or replaced.
“Data Subject” means the individual to whom Personal Data relates.
“EEA” means the European Economic Area.
“GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
“Datanito Network” means Datanito’s data center facilities, servers, networking equipment, and host software systems (e.g., virtual firewalls) that are within Datanito’s control and are used to provide the Covered Services.
“Personal Data” means any information relating to an identified or identifiable person or household as defined under Data Protection Laws.
“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic 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. “Process”, “processes” and “processed” will be interpreted accordingly. Detail of Processing are set forth in Appendix 1.
“Security Incident” either (a) a breach of security of the Datanito Security Standards leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, any Customer Data; or (b) any unauthorized access to Datanito equipment or facilities, where in either case such access results in destruction, loss, unauthorized disclosure, or alteration of Customer Data.
“Security Standards” means the security standards attached to this Addendum as Appendix 2.
"Sensitive Data" means (a) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card), financial information, banking account numbers or passwords; (c) employment, financial, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation; (e) account passwords, mother’s maiden name, or date of birth; (f) criminal history; or (g) any other information or combinations of information that falls within the definition of “special categories of data” under GDPR or any other applicable law or regulation relating to privacy and data protection.
“Standard Contractual Clauses” or “SCCs” means the standard data protection clauses for the transfer of personal data from a controller to a processor established in third countries which do not ensure an adequate level of data protection, as described in Article 46 of the GDPR and approved by the European Commission decision 2021/914 of 4 June 2021. Module Two (Controller to Processor) Standard Contractual Clauses are in Appendix 4.
“Sub-processor” means any Data Processor engaged by Processor to Process data on behalf of Data Controller.
"UK Standard Contractual Clauses” means the standard data protection clauses for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection, as described in Article 46 of the UK GDPR and approved by the European Commission decision 2010/87/EU. The UK Standard Contractual Clauses are in Appendix 4.
2. Data Processing2.1 Scope and Roles. This Addendum applies when Customer Data is processed by Datanito where Datanito acts as the Data Processor on behalf of the Customer as the Data Controller with respect to Customer Data.
2.2 Details of Data Processing. The subject matter of processing of Customer Data by Datanito is the performance of the Covered Services pursuant to the Terms of Service. Datanito shall only Process Customer Data on behalf of and in accordance with Customer’s documented instructions for the following purposes: (i) Processing in accordance with the Terms of Service; (ii) Processing initiated by end users in their use of the Covered Services; (iii) Processing to comply with other documented, reasonable instructions provided by Customers (ex. via email) where such instructions are consistent with the Terms of Service. Datanito shall not: (a) Process, retain, use, sell, or disclose Customer Data except as necessary to provide Covered Services pursuant to the Terms of Service, or as required by law; (b) sell such Customer Data to any third party; (c) retain, use, or disclose such Customer Data outside of the direct business relationship between Datanito and Customer.
For the avoidance of doubt, Customer’s instructions for the Processing of Personal Data shall comply with all applicable data privacy laws. Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data. Datanito shall not be required to comply with or observe Customer’s instructions if such instructions would violate Data Protection Laws. The duration of the Processing, the nature and purpose of the Processing, the types of Personal Data and categories of Data Subjects Processed under this Addendum are further specified in Appendix 1 (‘Details of the Processing’) to this Addendum.
3. Confidentiality of Customer DataDatanito will not disclose Customer Data to any government or any other third party, except as necessary to comply with the law or a valid and binding order of a law enforcement agency (such as a subpoena or court order). In the event Datanito receives a valid civil subpoena, and to the extent permitted, Datanito will endeavor to provide Customer with reasonable notice of the demand via email or postal mail to allow Customer to seek a protective order or other appropriate remedy.
4. Security4.1 Datanito has implemented and will maintain the technical and organizational measures for the Datanito Network as described herein this Section and as further described in Appendix 2 to this Addendum, Security Standards. In particular, Datanito has implemented and will maintain the following technical and organizational measures that address the (i) security of the Datanito Network; (ii) physical security of the facilities; (iii) controls around employee and contractor access to (i) and/or (ii); and (iv) processes for testing, assessing and evaluating the effectiveness of technical and organizational measures implemented by Datanito. In the event that we are not able to meet any of its obligations set forth herein, we will provide written notice (via our website and email) as soon as practically feasible.
4.2 Datanito makes available a number of security features and functionalities that Customer may elect to use in relation to the Covered Services. Customer is responsible for (a) properly configuring the Covered Services, (b) using the controls available in connection with the Covered Services (including the security controls) to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services, (c) using the controls available in connection with the Covered Services (including the security controls) to allow the Customer to restore the availability and access to Customer Data in a timely manner in the event of a physical or technical incident (e.g. backups and routine archiving of Customer Data), and (d) taking such steps as Customer considers adequate to maintain appropriate security, protection, and deletion of Customer Data, which includes use of encryption technology to protect Customer Data from unauthorized access and measures to control access rights to Customer Data.
5. Data Subject RightsTaking into account the nature of the Covered Services, Datanito offers Customer certain controls as described in the “Security” section of this Addendum that Customer may elect to use to retrieve, correct, delete or restrict use and sharing of Customer Data as described in the Covered Services. Customer may use these controls as technical and organizational measures to assist it in connection with its obligations under applicable privacy laws, including its obligations relating to responding to requests from Data Subjects. As commercially reasonable, and to the extent lawfully required or permitted, Datanito shall promptly notify Customer if Datanito directly receives a request from a Data Subject to exercise such rights under any applicable data privacy laws (“Data Subject Request”). In addition, where Customer’s use of the Covered Services limits its ability to address a Data Subject Request, Datanito may, where legally permitted and appropriate and upon Customer’s specific request, provide commercially reasonable assistance in addressing the request, at Customer’s cost (if any).
6. Sub-Processing6.1 Authorized Sub-processors. Customer agrees that Datanito may use Sub-processors to fulfil its contractual obligations under its Terms of Service and this Addendum or to provide certain services on its behalf, such as providing support services. Customer hereby consents to Datanito’s use of Sub-processors as described in this Section. Except as set forth in this Section or as otherwise explicitly authorized by you, Datanito will not permit any other sub-processing activities.
6.2 Sub-processor Obligations. Where Datanito uses any authorized Sub-processor as described in Section 6.1:
(i) Datanito will restrict the Sub-processor’s access to Customer Data only to what is necessary to maintain the Covered Services or to provide the Covered Services to Customer and any end users in accordance with the Covered Services. Datanito will prohibit the Sub-processor from accessing Customer Data for any other purpose;
(ii) Datanito will enter into a written agreement with the Sub-processor and, to the extent that the Sub-processor is performing the same data processing services that are being provided by Datanito under this Addendum, Datanito will impose on the Sub-processor the same contractual obligations that Datanito has under this Addendum; and
(iii) Datanito will remain responsible for its compliance with the obligations of this Addendum and for any acts or omissions of the Sub-processor that cause Datanito to breach any of Datanito’s obligations under this Addendum.
6.3 New Sub-processors. From time to time, we may engage new Sub-processors under and subject to the terms of this Addendum. In such case, we will provide 30 days advance notice (via our website and email) prior to any new Sub-processor obtaining any Customer Data. If you Customer does not approve of a new Sub-processor, then Customer may terminate any Covered Services without penalty by providing, within 10 days or receipt of notice from us, written notice of termination that includes an explanation of the reasons for your non-approval. If the Covered Services are part of a bundle or bundled purchase, then any termination will apply to its entirety.
7. Security Incident7.1 Security Incident. If Datanito becomes aware of a Security Incident, Datanito will without undue delay: (a) notify Customer of the Security Incident; and (b) take reasonable steps to mitigate the effects and to minimize any damage resulting from the Security Incident.
7.2 Datanito Assistance. To assist Customer in relation to any personal data breach notifications Customer is required to make under any applicable privacy laws, Datanito will include in the notification such information about the Security Incident as Datanito is reasonably able to disclose to Customer, taking into account the nature of the Covered Services, the information available to Datanito, and any restrictions on disclosing the information, such as confidentiality.
7.3 Failed Security Incidents. Customer agrees that:
(i) A failed Security Incident will not be subject to the terms of this Addendum. A failed Security Incident is one that results in no unauthorized access to Customer Data or to any of Datanito’s Network, equipment, or facilities storing Customer Data, and may include, without limitation, pings and other broadcast attacks on firewalls or edge servers, port scans, unsuccessful log-on attempts, denial of service attacks, packet sniffing (or other unauthorized access to traffic data that does not result in access beyond headers) or similar incidents; and
(ii) Datanito’s obligation to report or respond to a Security Incident under this Section is not and will not be construed as an acknowledgement by Datanito of any fault or liability of Datanito with respect to the Security Incident.
7.4 Notification. Notification of Security Incidents, if any, will be delivered to one or more of Customer’s administrators by any means Datanito selects, including via email. It is Customer’s sole responsibility to ensure Customer’s administrators maintain accurate contact information on the Datanito management console and secure transmission at all times.
8. Customer Rights8.1 Independent Determination. Customer is responsible for reviewing the information made available by Datanito relating to data security and its Security Standards and making an independent determination as to whether the Covered Services meets Customer’s requirements and legal obligations as well as Customer’s obligations under this Addendum. The information made available is intended to assist Customer in complying with Customer’s obligations under applicable privacy laws, including the GDPR, in respect of data protection impact assessments and prior consultation.
8.2 Customer Audit Rights. Customer has the right to confirm Datanito’s compliance with this Addendum as applicable to the Covered Services by making a specific request in writing, at reasonable intervals, to the address set forth in the Terms of Service. If Datanito declines to follow any instruction requested by Customer regarding a properly requested and scoped audit or inspection, Customer is entitled to terminate this Addendum and the Terms of Service.
9. Transfers of Customer Data9.1 U.S. Based Processing. Except where specifically noted in the Terms of Service, Customer Data will be transferred outside the United Kingdom or the EEA and processed in the United States.
9.2 Application of Standard Contractual Clauses. The Standard Contractual Clauses will apply to Customer Data that is transferred outside the EEA, either directly or via onward transfer, to any country not recognized by the European Commission as providing an adequate level of protection for Customer Data. The Standard Contractual Clauses will not apply to Customer Data that is not transferred, either directly or via onward transfer, outside the EEA. Notwithstanding the foregoing, the Standard Contractual Clauses will not apply where the data is transferred in accordance with a recognized compliance standard for the lawful transfer of Personal Data outside the EEA, such as when necessary for the performance of Covered Services pursuant to the Terms of Service or with your consent.
9.3 Application of UK Standard Contractual Clauses. The UK Standard Contractual Clauses will apply to Customer Data transferred via Covered Services from the United Kingdom, either directly or via onward transfer, to any country not recognized by the competent United Kingdom regulatory authority or governmental body as providing an adequate level of protection for Customer Data. The UK Standard Contractual Clauses will not apply to Customer Data that is not transferred, either directly or via onward transfer, outside the United Kingdom. Notwithstanding the foregoing, the UK Standard Contractual Clauses will not apply where the data is transferred in accordance with a recognized compliance standard for the lawful transfer of Customer Data outside the United Kingdom, such as when necessary for the performance of Covered Services pursuant to the Terms of Service or with your consent.
10. Termination of the AddendumThis Addendum will continue in force until the termination of our processing in accordance with the Terms of Service (the “Termination Date”).
11. Return or Deletion of Customer DataAs described in the Covered Services, the Customer may be provided controls that may use to retrieve or delete Customer Data. Deletion of Customer Data will take place thirty (30) days following Termination Date, subject to the terms of the particular Covered Services.
12. Limitations of LiabilityThe liability of each party under this Addendum will be subject to the exclusions and limitations of liability set out in the Terms of Service. Customer agrees that any regulatory penalties incurred by Datanito in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this Addendum and any applicable privacy laws will count towards and reduce Datanito’s liability under the Terms of Service as if it were liability to the Customer under the Terms of Service.
13. Entire Terms of Service; ConflictThis Addendum supersedes and replaces all prior or contemporaneous representations, understandings, agreements, or communications between Customer and Datanito, whether written or verbal, regarding the subject matter of this Addendum, including any data processing addenda entered into between Datanito and Customer with regard to the processing of personal data and on the free movement of such data. Except as amended by this Addendum, the Terms of Service will remain in full force and effect. If there is a conflict between the Terms of Service and this Addendum, the terms of this Addendum will control.
DETAILS OF THE PROCESSING
1. Nature and Purpose of Processing. Datanito will Process Customer Data as necessary to perform the Covered Services pursuant to the Terms of Service and as further instructed by Customer throughout its use of the Covered Services.
2. Duration of Processing. Subject to Section 10 and 11 of this Addendum, Datanito will Process Customer Data during the effective date of the Terms of Service. Notwithstanding the foregoing, Datanito may retain Customer Data, or any portion of it, if required by applicable laws or regulation, including applicable Data Protection Laws, provided that such Customer Data remains protected in accordance with the terms of this Addendum and applicable Data Protection Laws.
3. Categories of Data Subjects. Customer may upload Personal Data in the course of its use of the Covered Services, the extent to which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of Data Subjects:
4. Categories of Personal Data. Customer may upload Personal Data in the course of its use of the Covered Services, the type of and extent to which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to the following categories of Personal Data of Data Subjects:
5. Sensitive Data or Special Categories of Data. Customer may upload Sensitive Data in the course of its use of the Covered Services, the type of and extent to which is determined and controlled by Customer in its sole discretion. Customer is responsible for applying restrictions or safeguards that fully take into consideration the nature of the data and the risks involved prior to transmitting or processing any Sensitive Data via the Covered Services.
Security Standards
I. Technical and Organizational Measures
We are committed to protect our customers' information. Taking into account the best practices, the costs of implementation and the nature, scope, circumstances and purposes of processing as well as the different likelihood of occurrence and severity of the risk to the rights and freedoms of natural persons we take the following technical and organizational measures. When selecting the measures the confidentiality, integrity, availability and resilience of the systems are considered. A quick recovery after a physical or technical incident is guaranteed.
II. Data Privacy Program
Our Data Privacy Program is established to maintain a global data governance structure and secure information throughout its lifecycle. This program is driven by the office of the data protection officer, which oversees the implementation of privacy practices and security measures. We regularly test, assess and evaluate the effectiveness of its Data Privacy Program and Security Standards.
1. Confidentiality. “Confidentiality means that personal data is protected against unauthorized disclosure.”
We use a variety of physical and logical measures to protect the confidentiality of its customers' personal data. Those measures include:
Physical Security
Access Control & Prevention of Unauthorized Access
Encryption
Data Minimization
Security Testing
2. Integrity. “Integrity refers to ensuring the correctness (intactness) of data and the correct functioning of systems. When the term integrity is used in connection with the term "data", it expresses that the data is complete and unchanged.”
Appropriate change and log management controls are in place, in addition to access controls to be able to maintain the integrity of personal data such as:
Change & Release Management
Logging & Monitoring
3. Availability. “The availability of services and IT systems, IT applications, and IT network functions or of information is guaranteed, if the users are able to use them at all times as intended.”
We implement appropriate continuity and security measures to maintain the availability of its services and the data residing within those services:
4. Data Processing Instructions. "Data Processing Instructions refers to ensuring that personal data will only be processed in accordance with the instructions of the data controller and the related company measures"
We have established internal privacy policies, agreements and conduct regular privacy trainings for employees to ensure personal data is processed in accordance with customers’ preferences and instructions.
Company Name | Country of Incorporation | Service Description | Categories of Data |
---|---|---|---|
Microsoft Corporation | United States of America | User behavior analytics tool | User behaviors. |
Google LLC | United States of America | User behavior analytics tool. | User behaviors. |
See Section 9.2 of the Addendum for applicability of these SCCs
Standard Contractual Clauses (Controller to Processors)
SECTION I
Clause 1
Purpose and scope
Clause 2
Effect and invariability of the Clauses
Clause 3
Third-party beneficiaries
Clause 4
Interpretation
Clause 5
Hierarchy
In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail.
Clause 6
Description of the transfer(s)
The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex I.B.
Clause 7 - INTENTIONALLY OMITTED
SECTION II - OBLIGATIONS OF THE PARTIES
Clause 8
Data protection safeguards
The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through the implementation of appropriate technical and organisational measures, to satisfy its obligations under these Clauses.
8.1 Instructions
8.2 Purpose limitation
The data importer shall process the personal data only for the specific purpose(s) of the transfer, as set out in Annex I.B, unless on further instructions from the data exporter.
8.3 Transparency
On request, the data exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to the data subject free of charge. To the extent necessary to protect business secrets or other confidential information, including the measures described in Annex II and personal data, the data exporter may redact part of the text of the Appendix to these Clauses prior to sharing a copy, but shall provide a meaningful summary where the data subject would otherwise not be able to understand the its content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information. This Clause is without prejudice to the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.
8.4 Accuracy
If the data importer becomes aware that the personal data it has received is inaccurate, or has become outdated, it shall inform the data exporter without undue delay. In this case, the data importer shall cooperate with the data exporter to erase or rectify the data.
8.5 Duration of processing and erasure or return of data
Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of the processing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the data exporter and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on its behalf and delete existing copies. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit return or deletion of the personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent and for as long as required under that local law. This is without prejudice to Clause 14, in particular the requirement for the data importer under Clause 14(e) to notify the data exporter throughout the duration of the contract if it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under Clause 14(a).
8.6 Security of processing
8.7 Sensitive data
Where the transfer involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (hereinafter ‘sensitive data’), the data importer shall apply the specific restrictions and/or additional safeguards described in Annex I.B.
8.8 Onward transfers
The data importer shall only disclose the personal data to a third party on documented instructions from the data exporter. In addition, the data may only be disclosed to a third party located outside the European Union (in the same country as the data importer or in another third country, hereinafter ‘onward transfer’) if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if:
8.9 Documentation and compliance
Clause 9
Use of sub-processors
Clause 10
Data subject rights
Clause 11
Redress
Clause 12
Liability
Clause 13
Supervision
SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY PUBLIC AUTHORITIES
Clause 14
Local laws and practices affecting compliance with the Clauses
Clause 15
Obligations of the data importer in case of access by public authorities
15.1 Notification
15.2 Review of legality and data minimisation
SECTION IV – FINAL PROVISIONS
Clause 16
Non-compliance with the Clauses and termination
Clause 17
Governing law
These Clauses shall be governed by the law of one of the EU Member States, provided such law allows for third-party beneficiary rights. The Parties agree that this shall be the law of Federal Republic of Germany.
Clause 18
Choice of forum and jurisdiction
A. LIST OF PARTIES
Data Exporter(s): The data exporter is the entity identified as “Customer” in the Addendum
Signature and date: As of the date of Data Exporter’s electronic acceptance of Data Importer’s Terms of Service, Data Exporter is deemed to have signed these standard contractual clauses.
Role: Controller
Data importer(s): Datanito.com, LTD,
Contact details: Office of the Data Protection Officer – privacy@datanito.com
Signature and date: As of the date of Data Exporter’s electronic acceptance of Data Importer’s Terms of Service, Data Importer is deemed to have signed these standard contractual clauses.
Role: Processor
B. DESCRIPTION OF TRANSFER Categories of data subjects whose personal data is transferred are described in Appendix 1 of the Addendum.
Categories of personal data transferred are described in Appendix 1 of the Addendum.
Sensitive data transferred are described in Appendix 1 of the Addendum.
The frequency of the transfer is a continuous basis for the duration of the Terms of Service.
Nature of the processing is described in Section 2.2 and Appendix 1 of the Addendum.
Purpose(s) of the data transfer and further processing are described in Section 2.2 and Appendix 1 of the Addendum.
The period for which the personal data will be retained described in Appendix 1 of the Addendum.
For transfers to (sub-) processors, the subject matter, nature and duration of the processing is set forth in Annex III to the Standard Contractual Clauses.
C. COMPETENT SUPERVISORY AUTHORITY The North Rhine-Westphalia State Commissioner for Data Protection and Freedom of Information ('LDI NRW') is the competent supervisory authority.
Annex II to the Standard Contractual Clauses
The technical and organizational security measures implemented by the Data Importer are as in Annex 2 of the Addendum.
Annex III to the Standard Contractual Clauses
List of sub-processors are in Appendix 3 of the Addendum.
A. LIST OF PARTIES
Data Exporter(s): The data exporter is the entity identified as “Customer” in the Addendum
Signature and date: As of the date of Data Exporter’s electronic acceptance of Data Importer’s Terms of Service, Data Exporter is deemed to have signed these standard contractual clauses.
Role: Controller
Data importer(s): Datanito.com, LTD,
Contact details: Office of the Data Protection Officer – privacy@secureserver.net
Signature and date: As of the date of Data Exporter’s electronic acceptance of Data Importer’s Terms of Service, Data Importer is deemed to have signed these standard contractual clauses.
Role: Processor
B. DESCRIPTION OF TRANSFER Categories of data subjects whose personal data is transferred are described in Appendix 1 of the Addendum.
Categories of personal data transferred are described in Appendix 1 of the Addendum.
Sensitive data transferred are described in Appendix 1 of the Addendum.
The frequency of the transfer is a continuous basis for the duration of the Terms of Service.
Nature of the processing is described in Section 2.2 and Appendix 1 of the Addendum.
Purpose(s) of the data transfer and further processing are described in Section 2.2 and Appendix 1 of the Addendum.
The period for which the personal data will be retained described in Appendix 1 of the Addendum.
For transfers to (sub-) processors, the subject matter, nature and duration of the processing is set forth in Annex III to the Standard Contractual Clauses.
C. COMPETENT SUPERVISORY AUTHORITY The North Rhine-Westphalia State Commissioner for Data Protection and Freedom of Information ('LDI NRW') is the competent supervisory authority.
Annex II to the Standard Contractual Clauses
The technical and organizational security measures implemented by the Data Importer are as in Annex 2 of the Addendum.
Annex III to the Standard Contractual Clauses
List of sub-processors are in Appendix 3 of the Addendum.
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