This Data Processing Agreement ("DPA") forms part of the Terms of Use (or other similarly titled written or electronic agreement addressing the same subject matter) ("Agreement") between Customer (as defined in the Agreement) and "Reachall solutions private limited" under which the Processor provides the Controller with the software and services (the "Services"). The Controller and the Processor are individually referred to as a "Party" and collectively as the "Parties".
The Parties seek to implement this DPA to comply with the requirements of EU GDPR (defined hereunder) in relation to Processor's processing of Personal Data (as defined under the EU GDPR) as part of its obligations under the Agreement.
This DPA shall apply to Processor's processing of Personal Data, provided by the Controller as part of Processor's obligations under the Agreement.
Except as modified below, the terms of the Agreement shall remain in full force and effect.
Terms not otherwise defined herein shall have the meaning given to them in the EU GDPR or the Agreement. The following terms shall have the corresponding meanings assigned to them below:
This DPA sets out various obligations of the Processor in relation to the Processing of Personal Data and shall be limited to the Processor's obligations under the Agreement. If there is a conflict between the provisions of the Agreement and this DPA, the provisions of this DPA shall prevail.
The Controller authorizes permission to the Processor to process the Personal Data to the extent of which is determined and regulated by the Controller. The current nature of the Personal Data is specified in Annex I to Schedule 1 to this DPA.
The objective of Processing of Personal Data by the Processor shall be limited to the Processor's provision of the Services to the Controller and or its Client, pursuant to the Agreement.
The Processor will Process Personal Data for the duration of the Agreement, unless otherwise agreed upon in writing by the Controller.
To Process the Personal Data, the Processor will use personnel who are
The Processor will regularly train individuals having access to Personal Data in data security and data privacy in accordance with accepted industry practice and shall ensure that all the Personal Data is kept strictly confidential.
The Processor will maintain appropriate technical and organizational measures for protection of the security, confidentiality, and integrity of the Personal Data as per the specifications as per the standards mutually agreed in writing by the Parties.
Any Data Transfer for the purpose of Processing by the Processor in a country outside the European Economic Area (the "EEA") shall only take place in compliance as detailed in Schedule 1 to the DPA. Where such model clauses have not been executed at the same time as this DPA, the Processor shall not unduly withhold the execution of such template model clauses, where the transfer of Personal Data outside of the EEA is required for the performance of the Agreement.
Having regard to the state of technological development and the cost of implementing any measures, the Processor will take appropriate technical and organizational measures against the unauthorized or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to: (a) the harm that might result from unauthorized or unlawful processing or accidental loss, destruction or damage; and (b) the nature of the data to be protected [including the measures stated in Annex II of Schedule 1]
Customer's authorized users of the Services.
Name, Address, Date of Birth, Age, Education, Email, Gender, Image, Job, Language, Phone, Related person, Related URL, User ID, Username.
Applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialized training), keeping a record of access to the data, restrictions for onward transfers or additional security measures.
No sensitive data collected.
Continuous basis (whether the data is transferred on a one-off or continuous basis).
The personal data will be processed as necessary to provide, operate, maintain, and improve the Services, including but not limited to the collection, recording, organization, structuring, storage, adaptation, retrieval, consultation, use, transmission, disclosure by transmission, alignment, combination, restriction, erasure, and destruction of personal data. Such processing may include hosting, authentication, communication with users, provision of customer support, service usage analytics, and implementation of security and access controls.
The purpose of the transfer is to facilitate the performance of the Services more fully described in the Agreement and accompanying order forms.
The period for which the Customer Personal Data will be retained is more fully described in the Agreement, Addendum, and accompanying order forms (or, if that is not possible, the criteria used to determine that period).
The subject matter, nature, and duration of the Processing are more fully described in the Agreement, Addendum, and accompanying order forms (also specify subject matter, nature, and duration of the processing).
Data exporter is established in an EEA country.
The competent supervisory authority is as determined by application of Clause 13 of the EU SCCs.
Description of the technical and organisational security measures implemented by Reachall solutions private limited as the data processor/data importer to ensure an appropriate level of security, taking into account the nature, scope, context, and purpose of the processing, and the risks for the rights and freedoms of natural persons.
Reachall solutions private limited personnel are required to conduct themselves in a manner consistent with the company's guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. Reachall solutions private limited conducts reasonably appropriate background checks on any employees who will have access to client data under this Agreement, including in relation to employment history and criminal records, to the extent legally permissible and in accordance with applicable local labor law, customary practice and statutory regulations.
Personnel are required to execute a confidentiality agreement in writing at the time of hire and to protect Customer Personal Data at all times. Personnel must acknowledge receipt of, and compliance with, Reachall solutions private limited's confidentiality, privacy and security policies. Personnel are provided with privacy and security training on how to implement and comply with the Information Security Program. Personnel handling Customer Personal Data are required to complete additional requirements appropriate to their role (e.g., certifications). Reachall solutions private limited's personnel will not process Customer Personal Data without authorization.
Reachall solutions private limited maintains a formal access management process for the request, review, approval and provisioning of all personnel with access to Customer Personal Data to limit access to Customer Personal Data and systems storing, accessing or transmitting Customer Personal Data to properly authorized persons having a need for such access. Access reviews are conducted periodically to ensure that only those personnel with access to Customer Personal Data still require it.
Reachall solutions private limited has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. Reachall solutions private limited's infrastructure security personnel are responsible for the ongoing monitoring of Reachall solutions private limited's security infrastructure, the review of the Services, and for responding to security incidents.
Reachall solutions private limited's and Customer's administrators and end users must authenticate themselves via a Multi-Factor authentication system or via a single sign on system in order to use the Services.
Reachall solutions private limited's internal data access processes and policies are designed to protect against unauthorized access, use, disclosure, alteration or destruction of Customer Personal Data. Reachall solutions private limited designs its systems to only allow authorized persons to access data they are authorized to access based on principles of "least privileged" and "need to know", and to prevent others who should not have access from obtaining access. Reachall solutions private limited requires the use of unique user IDs, strong passwords, two factor authentication and carefully monitored access lists to minimize the potential for unauthorized account use. The granting or modification of access rights is based on: the authorized personnel's job responsibilities; job duty requirements necessary to perform authorized tasks; a need to know basis; and must be in accordance with Reachall solutions private limited's internal data access policies and training. Approvals are managed by workflow tools that maintain audit records of all changes. Access to systems is logged to create an audit trail for accountability. Where passwords are employed for authentication (e.g., login to workstations), password policies follow industry standard practices. These standards include password complexity, password expiry, password lockout, restrictions on password reuse and re-prompt for password after a period of inactivity.
The controller has authorized the use of the following sub-processors:
| Name of Sub-Processor | Description of Processing | Location of Other Processor |
|---|---|---|
| Amazon Web Services | Hosting the Production Environment | Global (Various AWS Regions) |