DATA PROCESSING AGREEMENT
Last updated: May 25, 2018
(1) You (hereinafter “Company"); and
(2) Practi Technologies Ltd, UK Private limited Company, Company number 09829987 Registered office address: Interchange Atrium Building The Stables Market, Chalk Farm Road, Atrium Building / Practi, London, England, NW1 8AH (the "Processor").
(A) This Agreement is to ensure there is in place proper arrangements relating to personal data passed from Company to the Processor.
(B) This Agreement is compliant with the requirements of Article 28 of the General Data Protection Regulation.
(C) The parties wish to record their commitments under this Agreement.
IT IS AGREED AS FOLLOWS:
- DEFINITIONS AND INTERPRETATION
In this Agreement:
"Data Protection Laws" means the any EU national data protection act, together with successor legislation incorporating GDPR;
"Data" means personal data passed under this Agreement as detailed on the website;
“GDPR” means the General Data Protection Regulation;
"Services" means the services indicated and provided on the website.
- DATA PROCESSING
Company is the data controller for the Data and the Processor is the data processor for the Data. The Data Processor agrees to process the Data only in accordance with Data Protection Laws and in particular on the following conditions:
- the Processor shall only process the Data (i) on the written instructions from Company (ii) only process the Data for completing the Services (Article 28, para 3(a) GDPR);
- ensure that all employees and other representatives accessing the Data are (i) aware of the terms of this Agreement and (ii) have received comprehensive training on Data Protection Laws and related good practice, and (iii) are bound by a commitment of confidentiality (Article 28, para 3(b) GDPR);
- Company and the Processor have agreed to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, complying with Article 32 of GDPR, details of those measures are set out under the GDPR (Article 28, para 3(c) GDPR);
- the Processor shall not involve any third party in the processing of the Data without the consent of Company. Such consent may be withheld without reason. If consent is given a further processing agreement will be required (Article 28, para 3(d) GDPR);
- taking into account the nature of the processing, assist Company by appropriate technical and organisational measures, in so far as this is possible, for the fulfilment of Company` obligation to respond to requests from individuals exercising their rights laid down in Chapter III of GDPR – rights to erasure, rectification, access, restriction, portability, object and right not to be subject to automated decision making etc (Article 28, para 3(e) GDPR);
- assist Company in ensuring compliance with the obligations pursuant to Articles 32 to 36 of GDPR – security, notification of data breaches, communication of data breaches to individuals, data protection impact assessments and when necessary consultation with the national regulator, taking into account the nature of processing and the information available to the Processor (Article 28, para 3(f) GDPR);
- at Company’ choice safely delete or return the Data at any time. Where the Processor is to delete the Data, deletion shall include destruction of all existing copies unless otherwise a legal requirement to retain the Data. Where there is a legal requirement the Processor will prior to entering into this Agreement confirm such an obligation in writing to Company. Upon request by Company the Processor shall provide certification of destruction of all Data (Article 28, para 3(g) GDPR);
- make immediately available to Company all information necessary to demonstrate compliance with the obligations laid down under this Agreement and allow for and contribute to any audits, inspections or other verification exercises required by Company from time to time (Article 28, para 3(h) GDPR);
- arrangements relating to the secure transfer of the Data from Company to the Processor and the safe keeping of the Data by the Processor.
- maintain the integrity of the Data, without alteration, ensuring that the Data can be separated from any other information created; and
- immediately contact Company if there is any personal data breach or incident where the Data may have been compromised.
Company may immediately terminate this Agreement on written notice to the Processor. The Processor may not terminate this Agreement without the written consent of Company.
- This Agreement represents the entire understanding of the parties relating to necessary legal protections arising out of their data controller/processor relationship under Data Protection Laws.
- This Agreement is subject to English law and the exclusive jurisdiction of the English Court