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Alignography Personal Data Processing Agreement
Introduction
This Alignography Personal Data Processing Agreement (“PDPA”) supplements the Alignography Platform Terms and Conditions (“Agreement”) set forth in the applicable Order Form between AlignographyDB Inc. (“Alignography” or “Processor”) and the customer identified on the applicable Order Form (“Customer” or “Controller”), (together, the “Parties”). The PDPA reflects Customer’s agreement with respect to Alignography’s Processing of Personal Data provided by Customer in accordance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 (the “GDPR”). To the extent that the terms of this PDPA are inconsistent with the Agreement or applicable Order Form, this PDPA shall control as it pertains to the Processing of Personal Data. Any references to the Agreement will be construed as including this PDPA. All capitalized terms not defined in this PDPA will have the meanings set forth in the Agreement.
1. Engagement
a. “Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b. “Processing” means 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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
c.“Controller” means the natural or legal person, which, alone or jointly with others, determines the purposes and means of the processing of personal data.
d. “Processor” means a natural or legal person which processes personal data on behalf of the Controller.
e.“Subprocessor” means a processor engaged by the Processor to Process Personal Data controlled by the Controller.
2. The Parties
1. Customer is the Controller of any Personal Data in Customer Content.
2. Alignography is the Processor of such Personal Data, Processing it only on documented instructions from the Controller, including with regard to transfers of Personal Data to countries outside the European Economic Area (“EEA”) or to international organizations, unless required to do so by Union or Member State law to which the processor is subject, in which case it is obliged to inform the Controller.
3. Customer and Alignography agree to the terms and conditions contained in this PDPA in order to comply with the provisions of the GDPR.
PADA Terms And Conditions
a. Processing
- In its performance of the Agreement Alignography may have access to Personal Data of which Customer is the Controller.
- Alignography’s purpose for processing any Personal Data of which Customer is the Controller is the provision of Services as defined in the Agreement.
- The Personal Data of which Customer is the Controller and that Alignography may process as a Processor is varied and may include geolocation, among other types of Personal Data.
- The categories of data subjects whose personal data is transferred are the employees, consultants, contractors, and agents (i) who are authorized by data exporter to access and use the Services under the rights granted to data exporter pursuant to the Master Services Agreement and (ii) for whom access to the Services has been purchased thereunder (each such employee, consultant, contractor, or agent, an “Authorized User”).
- Alignography has adopted technical and organizational measures appropriate to the type of Personal Data to be processed and to the purposes and risks of the Processing, and has implemented measures by design and default to ensure the protection of the rights of the Data Subject.
- Alignography will not use any Personal Data Customer controls and which Alignography processes on Customer’s behalf for purposes other than those described in this PDPA, nor will it share the Personal Data with third parties, unless Customer has authorized such transmission. In the event Alignography uses the data for different purposes, it will be considered a controller in accordance with the provisions of applicable regulations.
- Alignography will, insofar as possible, assist Customer with its obligation to respond to requests for exercising Data Subject’s rights.
- Taking into account the nature of the Processing and the information available to Alignography, Alignography will assist Customer with ensuring compliance with the obligations laid out in GDPR Articles 32 to 36.
B. Duty Of Confidentiality
- Alignography is committed to protecting the confidentiality of Customer’s Personal Data subject to Processing under the Agreement, and to maintaining the absolute confidentiality of any Personal Data that may be known to Alignography at the time the Services are provided. Alignography commits to extending these obligations to all personnel who have authorization to process the Personal Data of which Customer is the Controller.
C. Data Transfers
- This Section C shall apply to processing by Alignography or its subprocessors of any Personal Data subject to the GDPR.
- If Customer transfers any Personal Data outside the EEA—other than to a territory recognized under applicable data protection laws as providing adequate protection for personal data—for processing by Alignography, the Parties agree that the Standard Contractual Clauses, available at https://Alignography.com/legal/scc-c2p and incorporated into and made subject to this PDPA by this reference, will apply with respect to that processing. Alignography will comply with the obligations of the “data importer,” and Customer will comply with the obligations of the “data exporter.”
- The contract that regulates the relationship between Alignography and existing or future Subprocessors shall provide sufficient guarantees regarding the application of appropriate technical and organizational measures, and shall impose the same data protection obligations as set out in this PDPA and in the Agreement between Customer and Alignography.
- Alignography shall be fully liable for any acts or omissions of its Subprocessors with respect to their Personal Data protection obligations to the same extent it would be liable if directly performing the services of each Subprocessor under the terms of this PDPA, except as otherwise set forth in the Agreement.
D. Audits
- Alignography shall allow for and contribute to audits or inspections conducted by Customer—or which are conducted by an authorized auditor of Customer’s choice—as reasonably required by Customer to ensure that Alignography is complying with its obligations under this PDPA or the GDPR.
- Prior to any audit or inspection Customer or the authorized auditor of Customer’s choice will sign a nondisclosure agreement acceptable to Alignography in order to respect the confidentiality of Alignography’s business and commercial interests, and to respect the confidentiality of third-party data and information of which Customer or the authorized auditor of its choice may become aware in the course of undertaking any audit or inspection.
- Alignography shall make available to Customer all information necessary to demonstrate compliance with the obligations laid down in this PDPA or the GDPR.
- In the event Customer requests or conducts an audit or inspection, Customer will bear its own costs in relation to it. Customer agrees to reimburse Alignography for any services rendered at its then-current, reasonable professional services rates.
- Alignography agrees to come to a mutual understanding with Customer on the timing, scope, security controls, confidentiality requirements, and duration of any audit or inspection.
E. Elimination Of Personal Data
- Once the existing contractual relationship between the Parties has concluded, Personal Data will be deleted or returned to Customer at its discretion, eliminating as many copies of the same as exist.
- The above applies unless any European Union or Member State law requires the storage of the Personal Data.
F. Duration
- The duration of the processing of Personal Data to be carried out by Alignography is determined by the Service Term.
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