GDPR – Data Processing Agreement
This document lays out the responsibilities of Track-Platform, hereafter referred to as Track-Platform, to its customers with regards to data protection in general and the European Union’s General Data Protection Regulation (GDPR) specifically.
This document applies from 21 May 2018
1. Track-Platform as Data Processor, Definitions
Track-Platform is a Data Processor operating on behalf of its customers.
Customers are individuals or organizations paying money to use the Track-Platform service. Free trial users of the Track-Platform Service are not Customers and should not send Track-Platform personal data.
Track-Platform Customers are Data Controllers.
“Personal data” means any information relating to an identified or identifiable person.
“Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR and, to the extent applicable, the data protection and privacy laws of the European Union.
“Services” means the Track-Platform Tracking Software and the professional services provided by Track-Platform.
“Sub-processor” means any Data Processor engaged by Track-Platform.
“Data Subject” means the individual to whom Personal Data relates.
2. Processing of Personal Data
The use of the service implies that Track-Platform may process personal data on behalf of the Data Controller in accordance with the requirements of Data Protection Laws. The Data Controller will ensure that instructions to Track-Platform for the processing of personal data comply with Data Protection Laws. The Data Controller is solely responsible for the accuracy, quality, and legality of Personal Data and the means by which it acquires personal data.
The inputs to the Track-Platform Service provided by the Data Controller are geographic coordinates or placenames/addresses. No other data should be sent to Track-Platform. The Data Processor is advised to make full use of these options and bears sole responsibility for failure to do so.
Track-Platform will never reveal/share/sell the data of their clients to third parties.
3. Rights of Data Subjects
The Data Controller is solely responsible for collecting of all necessary consent from Data Subjects to allow Track-Platform to process personal data on its behalf.
Track-Platform will, to the extent legally permitted, promptly notify the Data Controller if it receives a request from a Data Subject for access to, or deletion of, that person’s personal data. Track-Platform will not respond to a Data Subject request without the Data Controllers prior written consent except to confirm that the request relates to the Data Controller. The Data Controller is solely responsible for completing such requests as required by law.
Track-Platform ensures that its personnel engaged in the processing of personal data are informed of the confidential nature of the personal data, have received appropriate training on their responsibilities and have agreed to confidentiality obligations that survive the termination of that persons’ employment or engagement by Track-Platform
Track-Platform shall take commercially reasonable steps to ensure the reliability of any Track-Platform personnel engaged in the processing of personal data and that access to personal data by Track-Platform is limited to that Track-Platform personnel who require such access to perform the Services.
The Data Controller agrees Track-Platform may engage third-party Sub-processors to provide the Services and such Sub-processors may access personal data, and appoint additional levels of Sub-processors, only for purposes of providing the services Track-Platform retained them to provide and not for any other purpose.
Track-Platform agrees to be liable for the acts and omissions of its Sub-processors to the same extent Track-Platform would be liable if performing the services of each Sub-processor directly under the terms of this agreement.
Track-Platform agrees to implement and maintain the administrative, technical, and physical safeguards of personal data stored using the Services.
7. Security Breach Management and Notification
If Track-Platform becomes aware of unlawful access to the Data Controller’s personal data stored through the Services, or unauthorized access to the Services resulting in loss, disclosure, or alteration of the Data Controller’s personal data (“Security Breach”), Track-Platform will promptly: (a) notify the Data Controller of the Security Breach; (b) investigate the Security Breach and provide the Data Controller with information known to Track-Platform about the Security Breach; and (c) follow its policies and procedures to mitigate the effects and to minimize any damage resulting from the Security Breach.
The Data Controller agrees that an unsuccessful Security Breach attempt will not be subject to Section 7.1 above. An unsuccessful Security Breach attempt is one that results in no unauthorized access to the Data Controller’s personal data or to the Services storing your Personal Data, and may include, without limitation, pings and other broadcast attacks on firewalls or edge servers, port scans, unsuccessful log-on attempts, denial of service attacks, packet sniffing (or other unauthorized access to traffic data that does not result in access beyond IP addresses or headers) or similar incidents.
Notification(s) of Security Breaches, if any, will be delivered to one or more of the Customer’s business, technical or administrative contacts by any means Track-Platform selects, including via email. It is Customer’s sole responsibility to ensure it maintains accurate contact information on Track-Platform support systems at all times.
Track-Platform report of and/or response to a Security Breach under this Section will not be construed as an admission by Track-Platform to fault or liability with respect to the Security Breach.
8. Deletion of Customer Data
Track-Platform agrees to delete Customer personal data and all relevant information in accordance with Track-Platform procedures and Data Protection Laws.
At a Customer’s request, Track-Platform provides the Customer with a certification of deletion of personal data.
9. Legal Effect
This agreement comes into effect from the time of purchase of a Track-Platform subscription. It expires with the cessation of the Customer’s Track-Platform subscription.