Last update: October 2021
This Data Processing Agreement reflects the requirements of the European Data Protection Regulation (“GDPR”) as it comes into effect on May 25, 2018. Datamatics’ services offered in the European Union are GDPR ready and this DPA provides you with the necessary documentation of this readiness.
This Data Processing Agreement (“DPA”) covers the processing of personal data by Datamatics Business Solutions Limited and its affiliates. Datamatics is committed to protecting the personal information whilst striving to provide the efficient business experience to its clients. Datamatics Business Solutions Limited and its affiliates each individually referred to as “Datamatics”, “we” or “us”.
Under the GDPR and related laws, we have a legal duty to protect the personal information we collect on instructions of our client (“Customer” or “Data Controller”).
This DPA is an addendum to the Customer Terms of Services or other written or electronic agreement including Job cards/Master Service Agreement/Statement of work (“Agreement”) between Datamatics and the Customer. This DPA shall constitute an integral part of the Agreement, executed in any form, whether electronically or by writing, between Datamatics and Customer for the performance of the services by Datamatics in terms of the Agreement (“Services”) the ambit of which sets out the understanding between the parties with respect to processing of Personal Data.
All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement. Customer enters into this DPA on behalf of itself and, to the extent required under Data Protection Laws, in the name and on behalf of its Authorized Affiliates (defined below).
For the purposes of this DPA only, and except where indicated otherwise, the term “Customer” shall include Customer and Authorized Affiliates.
Schedule 1 to this DPA sets out certain information regarding the processing of Personal Data as required by GDPR. Customer may make reasonable amendments to Schedule 1 by written notice to Datamatics from time to time, as Customer reasonably considers necessary to meet those requirements.
In the course of providing services to Customer pursuant to the Agreement, Datamatics may Process Personal Data on behalf of Customer and such Personal Data is subject to Data Protection Laws and Regulations. The parties agree to comply with the following provisions with respect to any Personal Data, each acting reasonably and in good faith.
HOW THIS DPA APPLIES
If the Customer entity signing the Agreement is a party to the DPA, this DPA is an addendum to and forms part of the Agreement. In such case, the Datamatics entity that is party to the Agreement is party to this DPA.
If the Customer entity has executed an Order Form or Statement of Work with Datamatics pursuant to the Agreement, but is not itself a party to the Agreement, this DPA is an addendum to that Order Form or Statement of Work, as the case may be, and applicable to the renewal of such Order Form or Statement of Work, as the case may be, and the Datamatics entity that is party to such Order Form or Statement of Work is party to this DPA.
This DPA shall not replace any comparable or additional rights relating to Processing of Customer Data contained in the Agreement (including any existing data processing addendum to the Agreement). In the event of any clash or inconsistency between the Agreement and this DPA, this DPA shall prevail.
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Authorized Affiliate” means any of Customer’s Affiliate(s) which (a) is subject to the data protection laws and regulations of the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom, and (b) is permitted to or otherwise receiving the benefit of the Services pursuant to the Agreement.
“Controller” means the entity which determines the purposes and means of the Processing of Personal Data.
“Customer Data” means what is defined in the Agreement as “Customer Data”
“Data Protection Laws and Regulations” means all laws and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom, applicable to the Processing of Personal Data under the Agreement.
“Data Subject” means the identified or identifiable person to whom Personal Data relates.
“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).
“Personal Data” means any information relating to (i) an identified or identifiable natural person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws and Regulations), where for each (i) or (ii), such data is Customer Data.
“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.
“Processor” means the entity which Processes Personal Data on behalf of the Controller.
“Datamatics Group” means Datamatics and its Affiliates engaged in the Processing of Personal Data.
“Sub-processor” means any Processor engaged by Datamatics or a member of the Datamatics Group.
“Supervisory Authority” means an independent public authority which is established by an EU Member State pursuant to the GDPR.
SCHEDULE 1 – DETAILS OF THE PROCESSING
Nature and Purpose of Processing
Datamatics will Process Personal Data as necessary to perform the Services pursuant to the Agreement, as further specified in the Documentation, and as further instructed by Customer in its use of the Services.
Duration of Processing
Subject to Section 8 of the DPA, Datamatics will Process Personal Data for the duration of the Agreement, unless otherwise agreed upon in writing.
Categories of Data Subjects
Customer may submit Personal Data to the Services, the extent of 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 categories of data subjects as referred to in the Agreement.
Type of Personal Data
Customer may submit Personal Data to the Services, the extent of which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to the categories of Personal Data as referred to in the Agreement.