Data protection addendum (DPA)
Effective date: October 04, 2023
Last update: October 04, 2023
This Data Processing Addendum (“DPA“) is made between “Company” and “Customer“, pursuant to EULA (“Agreement“).
This DPA forms part of the Agreement and sets out the terms that apply when Personal Data is processed by Us under the Agreement. The purpose of the DPA is to ensure such processing is conducted in accordance with applicable laws and with due respect for the rights and freedoms of individuals whose Personal Data is processed.
Company and Customer seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with 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).
1. Definitions and Interpretation
Unless otherwise defined herein, capitalized terms and expressions used in this DPA shall have the following meaning:
Agreement or “master agreement” refers to EULA.
Company (referred to as either “the Company”, “We”, “Us”, “Marketplace Vendor”, or “Our”) refers to ALDEVA DIGITAL s.r.o., Tolsteho 5, 81106 Bratislava, Slovakia.For the purpose of the GDPR, the Company is the “Data Processor“.
Data Processor, for the purposes of the GDPR (General Data Protection Regulation), Data Processors act on behalf of the relevant controller and under their authority. In doing so, they serve the controller’s interests rather than their own.
Data residency – refers to the physical or geographic location where the Company chooses to store or process data
GDPR refers to EU General Data Protection Regulation 2016/679.
Personal Data is any information that relates to an identified or identifiable individual.For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
Parties refer to Company and Customer.
You or “Customer” means an individual accessing or using the Service, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR, You can be referred to as the Data Subject or as the User as you are the individual using the Service. You is the “Data Controller“.
2. Processing of Personal Data
Processor shall comply with all applicable Data Protection Laws in the Processing of Personal Data.
You transfer Personal data to Us so that we may process the personal data for the following purposes:
- providing services
You should evaluate if you transfer data for any differing purposes.
3. Processor Personnel
Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any subprocessor who may have access to the Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Personal Data, as strictly necessary for the purposes of the DPA, and to comply with Applicable Laws in the context of that individual’s duties to the subprocessor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
4. Security
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.
5. Subprocessor list
To fulfill our role as a Data Processor we use the following sub-processors of the Personal data, that may process personal data submitted to our services by the controller. These subprocessors are listed below, with a description of the service and the location.
Unless requested or agreed otherwise, the “5.1 EU data hosting” applies to every Customer.
5.1 EU data hosting:
| Subprocessor | Purpose | Location | DPA |
|---|---|---|---|
| Amazon Web Services, Inc. | Email sending service | Germany | Data protection agreement |
| DigitalOcean Holdings, Inc. | Personal data storage and data processing | Germany | Data processing agreement |
5.2 Data residency: US hosting
| Subprocessor | Purpose | Location |
|---|---|---|
| Amazon Web Services, Inc. | Email sending service | USA |
| DigitalOcean Holdings, Inc. | Personal data storage and data processing | USA |
6. Data Subject Rights
Taking into account the nature of the Processing, Processor shall assist the Customer by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the obligations, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
7. Personal Data Breach
Processor shall notify Customer without undue delay upon Processor becoming aware of a Personal Data Breach affecting Personal Data, providing Customer with sufficient information under the Data Protection Laws.
Processor shall co-operate with the Customer and take reasonable commercial steps as are directed by Customer to assist in the investigation, mitigation and remediation of each such Personal Data Breach.
9. Deletion or return of Personal Data
Subject to this section 9 Processor shall promptly and in any event within 30 business days of the date of cessation of any Services involving the Processing of Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Personal Data.
10. Audit rights
Subject to this section 10, Processor shall make available to the Customer on request all information necessary to demonstrate compliance with this DPA, and shall allow for and contribute to audits, including inspections, by the Customer or an auditor mandated by the Customer in relation to the Processing of the Personal Data by the subprocessors.
Information and audit rights of the Customer only arise under to the extent that the DPA does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.
11. Data Transfer
The Processor may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the Customer.
If personal data processed under this DPA is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.
12. General Terms
Confidentiality. Each Party must keep this DPA and information it receives about the other Party and its business in connection with this DPA (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:
(a) disclosure is required by law;
(b) the relevant information is already in the public domain.
Notices. All notices and communications given under this DPA must be in writing and sent by email to privacy@aldevadigital.com.
13. Governing Law and Jurisdiction
This DPA is governed by the laws of Slovak republic.