This Data Processing Agreement (the "DPA"), entered into by the Statfolio customer identified on the applicable Statfolio ordering document for Statfolio services ("Customer") and the Statfolio company identified on the ordering document ("Statfolio"), governs the processing of personal data that Customer uploads or otherwise provides Statfolio in connection with the services and the processing of any personal data that Statfolio uploads or otherwise provides to Customer in connection with the services.
"Customer Personal Data" means Personal Data (i) that Customer uploads or otherwise provides Statfolio in connection with its use of Statfolio’s services or (ii) for which Customer is otherwise a data controller.
"Data Controller" means Customer.
"Data Processor" means Statfolio.
"Data Protection Requirements" means the Directive, the General Data Protection Regulation, Local Data Protection Laws, any subordinate legislation and regulation implementing the General Data Protection Regulation, and all Privacy Laws.
"Directive" means the EU Data Protection Directive 95/46/EC.
"EU Personal Data" means Personal Data the sharing of which pursuant to this Agreement is regulated by the Directive, the General Data Protection Regulation and Local Data Protection Laws.
"General Data Protection Regulation" means the European Union Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data
"Personal Data" means information about an individual that (a) can be used to identify, contact or locate a specific individual, including data that Customer chooses to provide to Statfolio from services such as applicant tracking systems (ATSs) or customer-relationships management (CRM) services; (b) can be combined with other information that can be used to identify, contact or locate a specific individual; or (c) is defined as "personal data" or "personal information" by applicable laws or regulations relating to the collection, use, storage or disclosure of information about an identifiable individual.
"Personal Data Breach" means any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Personal Data.
"Privacy Laws" means all applicable laws, regulations, and other legal requirements relating to (a) privacy, data security, consumer protection, marketing, promotion, and text messaging, email, and other communications; and (b) the use, collection, retention, storage, security, disclosure, transfer, disposal, and other processing of any Personal Data.
"Process" and its cognates mean any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
"Subprocessor" means any entity which provides processing services to Statfolio in furtherance of Statfolio’s processing on behalf of Customer.
"Supervisory Authority" means an independent public authority which is established by a European Union member state pursuant to Article 51 of the General Data Protection Regulation.
Each party agrees to process Personal Data received under the Agreement only for the purposes set forth in the Agreement. For the avoidance of doubt, the categories of Personal Data processed and the categories of data subjects subject to this DPA are described in Schedule A to this DPA.
The parties shall each comply with their respective obligations under all applicable Data Protection Requirements.
Customer agrees to:
6.1 Supervisory Authority Audit. If a Supervisory Authority requires an audit of the data processing facilities from which Statfolio processes Customer Personal Data in order to ascertain or monitor Customer's compliance with Data Protection Requirements, Statfolio will cooperate with such audit. Customer is responsible for all costs and fees related to such audit, including all reasonable costs and fees for any and all time Statfolio expends for any such audit, in addition to the rates for services performed by Statfolio.
6.2 DPO requests. Statfolio must, upon Customer’s request (not to exceed one request per calendar year) by email to [email protected], certify compliance with Sections 5-8 of this DPA in writing.
For transfers of EU Personal Data to Statfolio for processing by Statfolio in a jurisdiction other than a jurisdiction in the EU, the EEA, or the European Commission-approved countries providing ‘adequate’ data protection, Statfolio agrees it will provide at least the same level of privacy protection for EU Personal Data as required under the U.S.-EU and U.S.-Swiss Privacy Shield frameworks.
The parties agree that on the termination of the data processing services or upon Customer’s reasonable request, Statfolio shall, and shall cause any Subprocessors to, at the choice of Customer, return all the Customer Personal Data and copies of such data to Customer or securely destroy them and demonstrate to the satisfaction of Customer that it has taken such measures, unless Data Protection Requirements prevent Statfolio from returning or destroying all or part of the Customer Personal Data disclosed. In such case, Statfolio agrees to preserve the confidentiality of the Customer Personal Data retained by it and that it will only actively process such Customer Personal Data after such date in order to comply with applicable laws.
Customer acknowledges that in the provision of some services (such CRMs), Statfolio, on receipt of instructions from Customer, may transfer Customer Personal Data to and otherwise interact with third party data processors.
This DPA shall remain in effect as long as Statfolio carries out Personal Data processing operations on behalf of Customer or until the termination of the Statfolio Contract (and all Personal Data has been returned or deleted in accordance with Section 8 above).
Notwithstanding anything in the Agreement to the contrary, this DPA shall be governed by the laws of Romania, and any action or proceeding related to this DPA (including those arising from non contractual disputes or claims) will be brought in Iasi, Romania.
List of Sub-Processors:
Last updated at 20 Aug 2021