Data Processing Agreement

SECTION 1

Clause 1

Purpose and scope

a)

The purpose of these Standard Contractual Clauses (the Clauses) is to ensure compliance with Article 28(3) and (4) of 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).


b)

The controllers and processors listed in Annex I have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679.


c)

These Clauses apply to the processing of personal data as specified in Annex II.


d)

Annexes I to IV are an integral part of the Clauses.


e)

These Clauses are without prejudice to obligations to which the controller is subject by virtue of Regulation (EU) 2016/679.


f)

These Clauses do not by themselves ensure compliance with obligations related to international transfers in accordance with Chapter V of Regulation (EU) 2016/679.

Clause 2

Invariability of the Clauses

a)

The Parties undertake not to modify the Clauses, except for adding information to the Annexes or updating information in them.

b)

This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a broader contract, or from adding other clauses or additional safeguards provided that they do not directly or indirectly contradict the Clauses or detract from the fundamental rights or freedoms of data subjects.

Clause 3

Interpretation

a)

Where these Clauses use the terms defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.

b)

These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.

c)

These Clauses shall not be interpreted in a way that runs counter to the rights and obligations provided for in Regulation (EU) 2016/679 or in a way that prejudices the fundamental rights or freedoms of the data subjects.

Clause 4

Hierarchy

In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties existing at the time when these Clauses are agreed or entered into thereafter, these Clauses shall prevail.

Clause 5

Docking clause

a)

Any entity that is not a Party to these Clauses may, with the agreement of all the Parties, accede to these Clauses at any time as a controller or a processor by completing the Annexes and signing Annex I.

b)

Once the Annexes in (a) are completed and signed, the acceding entity shall be treated as a Party to these Clauses and have the rights and obligations of a controller or a processor, in accordance with its designation in Annex I.

c)

The acceding entity shall have no rights or obligations resulting from these Clauses from the period prior to becoming a Party.


SECTION 2

OBLIGATIONS OF THE PARTIES

Clause 6

Description of processing(s)

The details of the processing operations, in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the controller, are specified in Annex II.

Clause 7

Obligations of the Parties

7.1.   Instructions

a)

The processor shall process personal data only on documented instructions from the controller, unless required to do so by Union or Member State law to which the processor is subject. In this case, the processor shall inform the controller of that legal requirement before processing, unless the law prohibits this on important grounds of public interest. Subsequent instructions may also be given by the controller throughout the duration of the processing of personal data. These instructions shall always be documented.

b)

The processor shall immediately inform the controller if, in the processor’s opinion, instructions given by the controller infringe Regulation (EU) 2016/679 or the applicable Union or Member State data protection provisions.

7.2.   Purpose limitation

The processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Annex II, unless it receives further instructions from the controller.

7.3.   Duration of the processing of personal data

Processing by the processor shall only take place for the duration specified in Annex II.

7.4.   Security of processing

a)

The processor shall at least implement the technical and organisational measures specified in Annex III to ensure the security of the personal data. This includes protecting the data against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to the data (personal data breach). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved for the data subjects.

b)

The processor shall grant access to the personal data undergoing processing to members of its personnel only to the extent strictly necessary for implementing, managing and monitoring of the contract. The processor shall ensure that persons authorised to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

7.5.   Sensitive data

If the processing 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 (“sensitive data”), the processor shall apply specific restrictions and/or additional safeguards.

7.6.   Documentation and compliance

a)

The Parties shall be able to demonstrate compliance with these Clauses.

b)

The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with these Clauses.

c)

The processor shall make available to the controller all information necessary to demonstrate compliance with the obligations that are set out in these Clauses and stem directly from Regulation (EU) 2016/679 and. At the controller’s request, the processor shall also permit and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or an audit, the controller may take into account relevant certifications held by the processor.

d)

The controller may choose to conduct the audit by itself or mandate an independent auditor. Audits may also include inspections at the premises or physical facilities of the processor and shall, where appropriate, be carried out with reasonable notice.

e)

The Parties shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority/ies on request.

7.7.   Use of sub-processors

a)

The processor has the controller’s general authorisation for the engagement of sub-processors from an agreed list. The processor shall specifically inform in writing the controller of any intended changes of that list through the addition or replacement of sub-processors at least 1 month in advance, thereby giving the controller sufficient time to be able to object to such changes prior to the engagement of the concerned sub-processor(s). The processor shall provide the controller with the information necessary to enable the controller to exercise the right to object.

b)

Where the processor engages a sub-processor for carrying out specific processing activities (on behalf of the controller), it shall do so by way of a contract which imposes on the sub-processor, in substance, the same data protection obligations as the ones imposed on the data processor in accordance with these Clauses. The processor shall ensure that the sub-processor complies with the obligations to which the processor is subject pursuant to these Clauses and to Regulation (EU) 2016/679.

c)

At the controller’s request, the processor shall provide a copy of such a sub-processor agreement and any subsequent amendments to the controller. To the extent necessary to protect business secret or other confidential information, including personal data, the processor may redact the text of the agreement prior to sharing the copy.

d)

The processor shall remain fully responsible to the controller for the performance of the sub-processor’s obligations in accordance with its contract with the processor. The processor shall notify the controller of any failure by the sub-processor to fulfil its contractual obligations.

e)

The processor shall agree a third party beneficiary clause with the sub-processor whereby - in the event the processor has factually disappeared, ceased to exist in law or has become insolvent - the controller shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.

7.8.   International transfers

a)

Any transfer of data to a third country or an international organisation by the processor shall be done only on the basis of documented instructions from the controller or in order to fulfil a specific requirement under Union or Member State law to which the processor is subject and shall take place in compliance with Chapter V of Regulation (EU) 2016/679.

b)

The controller agrees that where the processor engages a sub-processor in accordance with Clause 7.7. for carrying out specific processing activities (on behalf of the controller) and those processing activities involve a transfer of personal data within the meaning of Chapter V of Regulation (EU) 2016/679, the processor and the sub-processor can ensure compliance with Chapter V of Regulation (EU) 2016/679 by using standard contractual clauses adopted by the Commission in accordance with of Article 46(2) of Regulation (EU) 2016/679, provided the conditions for the use of those standard contractual clauses are met.

Clause 8

Assistance to the controller

a)

The processor shall promptly notify the controller of any request it has received from the data subject. It shall not respond to the request itself, unless authorised to do so by the controller.

b)

The processor shall assist the controller in fulfilling its obligations to respond to data subjects’ requests to exercise their rights, taking into account the nature of the processing. In fulfilling its obligations in accordance with (a) and (b), the processor shall comply with the controller’s instructions

c)

In addition to the processor’s obligation to assist the controller pursuant to Clause 8(b), the processor shall furthermore assist the controller in ensuring compliance with the following obligations, taking into account the nature of the data processing and the information available to the processor:(1)the obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a ‘data protection impact assessment’) where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons;(2)the obligation to consult the competent supervisory authority/ies prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk;(3)the obligation to ensure that personal data is accurate and up to date, by informing the controller without delay if the processor becomes aware that the personal data it is processing is inaccurate or has become outdated;(4)the obligations in Article 32 of Regulation (EU) 2016/679.

d)

The Parties shall set out in Annex III the appropriate technical and organisational measures by which the processor is required to assist the controller in the application of this Clause as well as the scope and the extent of the assistance required.

Clause 9

Notification of personal data breach

In the event of a personal data breach, the processor shall cooperate with and assist the controller for the controller to comply with its obligations under Articles 33 and 34 of Regulation (EU) 2016/679, taking into account the nature of processing and the information available to the processor.

9.1   Data breach concerning data processed by the controller

In the event of a personal data breach concerning data processed by the controller, the processor shall assist the controller:

a)

in notifying the personal data breach to the competent supervisory authority/ies, without undue delay after the controller has become aware of it, where relevant/(unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons);

b)

in obtaining the following information which, pursuant to Article 33(3) of Regulation (EU) 2016/679, shall be stated in the controller’s notification, and must at least include:(1)the nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;(2)the likely consequences of the personal data breach;(3)the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

c)

in complying, pursuant to Article 34 of Regulation (EU) 2016/679, with the obligation to communicate without undue delay the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons.

Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.

9.2   Data breach concerning data processed by the processor

In the event of a personal data breach concerning data processed by the processor, the processor shall notify the controller without undue delay after the processor having become aware of the breach. Such notification shall contain, at least:

a)

a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned);

b)

the details of a contact point where more information concerning the personal data breach can be obtained;

c)

its likely consequences and the measures taken or proposed to be taken to address the breach, including to mitigate its possible adverse effects.

Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.

The Parties shall set out in Annex III all other elements to be provided by the processor when assisting the controller in the compliance with the controller’s obligations under Articles 33 and 34 of Regulation (EU) 2016/679.


SECTION 3

FINAL PROVISIONS

Clause 10

Non-compliance with the Clauses and termination

a)

Without prejudice to any provisions of Regulation (EU) 2016/679, in the event that the processor is in breach of its obligations under these Clauses, the controller may instruct the processor to suspend the processing of personal data until the latter complies with these Clauses or the contract is terminated. The processor shall promptly inform the controller in case it is unable to comply with these Clauses, for whatever reason.

b)

The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if:(1)the processing of personal data by the processor has been suspended by the controller pursuant to point (a) and if compliance with these Clauses is not restored within a reasonable time and in any event within one month following suspension;(2)the processor is in substantial or persistent breach of these Clauses or its obligations under Regulation (EU) 2016/679; (3)the processor fails to comply with a binding decision of a competent court or the competent supervisory authority/ies regarding its obligations pursuant to these Clauses or to Regulation (EU) 2016/679.

c)

The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data under these Clauses where, after having informed the controller that its instructions infringe applicable legal requirements in accordance with Clause 7.1 (b), the controller insists on compliance with the instructions.

d)

Following termination of the contract, the processor shall, at the choice of the controller, delete all personal data processed on behalf of the controller and certify to the controller that it has done so, or, return all the personal data to the controller and delete existing copies unless Union or Member State law requires storage of the personal data. Until the data is deleted or returned, the processor shall continue to ensure compliance with these Clauses.


ANNEX 1


List of parties


Controller(s): The party to the Terms of Service with FullEnrich or its Affiliate.

Address: The Data Exporter’s address.

Name: The name, position and contact details provided by the Data Controler.

Signature and accession date: By using the Services to transfer personal data to the Data Processor, the Data Controler will be deemed to have signed this Annex 1.


Processor(s): 

Address: 40 Boulevard Henri Sellier

Name: FullEnrich SAS

Contact: support@fullenrich.com

Signature and accession date: The Data Processor will be deemed to have signed this Annex 1 on the transfer of personal data by the Data Contoller.



ANNEX 2


Description of the processing


Section 1 : Non-personal Information


The first type of data we collect is general and non-specific to any individual user, referred to as "Non-personal Information." This data, which does not reveal your identity, is gathered through your interaction with the Services and may include:


a)

Technical details from your device, such as the browser type and operating system, language preference, time of access, and the referring domain, are collected to improve the Services and deliver a superior user experience.


b)

We gather data on how you use the Services, including log files, timestamps, and alerts, among others. This collection aids in troubleshooting, as well as research and analytics to understand service usage patterns.


c)

We may process the collected information to remove or modify any personal identifiers, resulting in anonymized or de-identified data. This process ensures the information cannot identify you personally. We handle and share this aggregated or anonymized data without restriction, according to this Privacy Policy, for any purpose.

Section 2 : Personal Information


The second type of information we collect is personal and identifiable information, which can directly or indirectly identify you. This data is collected through specific interactions with the Services and includes:


a)

Data on your activities, such as pages visited and browsing behavior, and general location information (e.g., country), excluding precise geographic locations.


b)

Registering for the Services requires providing personal details like your full name, email address, and phone number. Purchasing on of our plan necessitates payment information, which is handled by our trusted third-party providers, as we do not directly collect this information.


c)

Connecting your social network account with our Site or Services grants us access to basic information from your profile, such as name, address, email, contacts, and any information you have made public or agreed to share with us. We comply with the policies and restrictions of these platforms. Our email services allow access to more detailed information about your email interactions for authentication and verification, providing access to your contacts and email account solely for enabling these services.


d)

Information you voluntarily provide, including responses to our communications, transactions through our Site, email or site communications, or sharing additional details about yourself or others through our Services, is also collected.



ANNEX 2

Technical and organisational measures


To ensure the security of data in accordance with Article 32 of the GDPR, our organization implements a comprehensive set of technical and organizational measures. These measures are designed to safeguard personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage. Herein, we detail the measures taken, taking into account the nature, scope, context, and purposes of our processing activities, as well as the risk to the rights and freedoms of natural persons.


Measures of Pseudonymisation and Encryption of Personal Data

  • We employ robust encryption methods, such as bcrypt with a cost of 14 rounds, for password encryption to ensure the security of user credentials. Additionally, we utilize pseudonymisation techniques, such as anonymized logging with user IDs, to enhance data protection and minimize the risks to the data subjects' privacy.


Measures for Ensuring Ongoing Confidentiality, Integrity, Availability, and Resilience of Processing Systems and Services

  • We ensure the resilience of our processing systems through secure, Virtual Private Cloud (VPC) connected databases. This approach safeguards against unauthorized access and ensures data availability and integrity.


Processes for Regularly Testing, Assessing, and Evaluating the Effectiveness of Technical and Organisational Measures

  • Our security framework includes regular unit and integration testing, alongside continuous evaluation of our technical measures. This proactive approach ensures the ongoing effectiveness of our security practices in protecting data during processing.


Measures for User Identification and Authorization

  • We implement secure user identification and authorization mechanisms, including session cookies (JWT) signed with HMAC using SHA256 algorithm. Role-Based Access Control (RBAC) is rigorously enforced for every user action, ensuring that access rights are appropriately managed and restricted.


Measures for the Protection of Data During Transmission

  • All data transmissions are secured via HTTPS/SSL tunnels, extending robust encryption from the user endpoint to our databases. This ensures the confidentiality and integrity of data in transit.


Measures for the Protection of Data During Storage

  • Data at rest is protected with AES encryption, a widely recognized standard that provides a high level of security for stored data.


Measures for Ensuring Physical Security of Locations at Which Personal Data are Processed

  • Our data hosting provider, DigitalOcean, complies with SOC 2 and ISO 27001 standards, ensuring that physical security measures are in place to protect against unauthorized access to data.


Measures for Ensuring Events Logging

  • We maintain comprehensive access logs, including IP addresses, user IDs, actions taken, and roles. These logs are encrypted at rest and retained for one year, supporting both security monitoring and compliance requirements.


Measures for Ensuring Data Minimisation

  • Adherence to data minimization principles is ensured through a rigorous data registry, which justifies the collection and processing of each data element, aligning with the principle of "data minimization."


Measures for Ensuring Limited Data Retention

  • Data retention policies are strictly enforced, with each data set assigned a creation and expiration date. This approach is balanced against legitimate interests to ensure compliance with applicable legal and regulatory requirements.


Technical and Organisational Measures for (Sub-)Processors

  • For transfers to (sub-)processors, we require the implementation of specific technical and organizational measures that enable the (sub-)processor to assist the controller effectively. These measures include, but are not limited to, the encryption of personal data, ensuring the confidentiality, integrity, availability, and resilience of processing systems and services, and adherence to data minimization and retention policies.


ANNEX 3

List of sub-processors