This DPA is entered into between the Controller and the Processor and is incorporated into and governed by the terms of the Agreement.
Any capitalised term not defined in this DPA shall have the meaning given to it in the Agreement.
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control of a party. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of a party;
“Agreement” means the agreement between the Processor and the Controller for the provision of the Services by the Controller to Customers;
“CCPA” means the California Consumer Privacy Act of 2018, along with its regulations and as amended from time to time;
“Controller” means the Agency;
“Data Protection Law” means all laws and regulations, including laws and regulations of the European Union, the European Economic Area, their member states and the United Kingdom any amendments, replacements or renewals thereof, applicable to the processing of Personal Data, including where applicable the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2020, the EU GDPR, the UK GDPR, the FDPA, the UK Data Protection Act 2018, the CCPA and any applicable national implementing laws, regulations and secondary legislation relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426);
“Data Subject” shall have the same meaning as in Data Protection Law, or means a “Consumer” as that term is defined in the CCPA;
“DPA” means this data processing agreement together with its Schedule 1, Schedule 2 and Schedule 3;
“EEA” means the European Economic Area;
“EU GDPR” means 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, (General Data Protection Regulation);
“FDPA” means the new Swiss Federal Act on Data Protection of 1st of September 2023 and as amended from time to time;
“Personal Data” shall have the same meaning as in Data Protection Law;
“Processor” means us, including as applicable any “Service Provider” as that term is defined by the CCPA;
“Restricted Transfer” means:
“Services” means all services and software applications and solutions provided to the Controller by the Processor under and as described in the Agreement;
“SCCs” means:
“Sub-processor” means any third party (including Processor Affiliates) engaged directly or indirectly by the Processor (to process Personal Data under this DPA in the provision of the Services to the Controller.
“Supervisory Authority” means a governmental or government chartered regulatory body having binding legal authority over a party;
"UK GDPR" means the EU GDPR as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018.
In providing the Services to the Controller pursuant to the terms of the Agreement, the Processor shall process Personal Data only to the extent necessary to provide the Services in accordance with the terms of the Agreement, this DPA and the Controller's instructions documented in the Agreement, as updated from time to time.
The Controller and Processor shall take steps to ensure that any natural person acting under the authority of the Controller or the Processor who has access to Personal Data does not process them except on the instructions from the Controller unless he or she is required to do so by any Data Protection Law.
The Processor may collect, process or use Personal Data only within the scope of this DPA.
The Processor confirms that it shall process Personal Data on behalf of the Controller in accordance with the documented instructions of the Controller.
The Processor shall promptly inform the Controller, if in the Processor's opinion, any of the instructions regarding the processing of Personal Data provided by the Controller, breach any Data Protection Law.
The Processor shall ensure that all employees, agents, officers and contractors involved in the handling of Personal Data: (i) are aware of the confidential nature of the Personal Data and are contractually bound to keep the Personal Data confidential; (ii) have received appropriate training on their responsibilities as a data processor; and (iii) are bound by the terms of this DPA.
The Processor shall implement appropriate technical and organisational measures to protect Personal Data, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.
The Processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate: (i) the pseudonymisation and encryption of Personal Data; (ii) the ability to ensure the on-going confidentiality, integrity, availability and resilience of processing systems and services; (iii) the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident; (iv) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing. In accessing the appropriate level of security, account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data transmitted, stored or otherwise processed.
The technical and organisational measures detailed in Schedule 1 shall be at all times adhered to as a minimum security standard. The Controller accepts and agrees that the technical and organisational measures are subject to development and review and that the Processor may use alternative suitable measures to those detailed in the attachments to this DPA provided that such updates and modifications do not result in the degradation of the overall security of the Services.
The Controller acknowledges and agrees that, in the course of providing the Services to the Controller, it may be necessary for the Processor to access the Personal Data to respond to any technical problems or Controller queries and to ensure the proper working of the Services. All such access by the Processor will be limited to those purposes.
Taking into account the nature of the processing and the information available to the Processor, the Processor shall assist the Controller by having in place appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Controller's obligation to respond to requests for exercising the Data Subject's rights and the Controller's compliance with the Controller's data protection obligations in respect of the processing of Personal Data.
The Processor may not: (i) sell Personal Data; (ii) retain, use, or disclose Personal Data for commercial purposes other than providing the Services under the terms of the Agreement; or (iii) retain, use, or disclose Personal Data outside of the Agreement.
The Controller represents and warrants that: (i) it shall comply with the terms of the Agreement, this DPA and its obligations under Data Protection Law; (ii) it has obtained any and all necessary permissions and authorisations necessary to permit the Processor, its Affiliates and Sub-processors, to execute their rights or perform their obligations under this DPA; (iii) all Affiliates of the Controller who use the Services shall comply with the obligations of the Controller set out in this DPA.
The Controller has their own obligations to implement their own appropriate technical and organisational measures to protect Personal Data, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. The Controller shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate: (i) the pseudonymisation and encryption of Personal Data; (ii) the ability to ensure the on-going confidentiality, integrity, availability and resilience of processing systems and services; (iii) the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident; (iv) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing. In accessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data transmitted, stored or otherwise processed.
The Controller acknowledges and agrees that some instructions from the Controller, including the Processor assisting with audits, inspections, DPIAs or providing other assistance under this DPA, may result in additional fees. In such case the Processor shall notify the Controller of its fees for providing such assistance in advance and shall be entitled to charge the Controller for its reasonable costs and expenses in providing such assistance, unless agreed otherwise.
The Controller acknowledges and agrees that: (i) Affiliates of the Processor may be used as Sub-processors; and (ii) the Processor and its Affiliates respectively may engage Sub-processors in connection with the provision of the Services.
All Sub-processors who process Personal Data in the provision of the Services to the Controller shall comply with the obligations of the Processor similar to those set out in this DPA.
The Controller authorises the Processor to use the Sub-processors included in the list of Sub-Processors (published at https://transpond.io/subprocessors) to process the Personal Data. During the term of this DPA, the Processor shall provide the Controller with 30 days prior notification, via email (or in-application notice), of any changes to the list of Sub-processors before authorising any new or replacement Sub-processor to process Personal Data in connection with the provision of the Services.
The Controller may object to the use of a new or replacement Sub-processor, by notifying the Processor promptly in writing within ten (10) Business Days after receipt of the Processor's notice. If the Controller objects to a new or replacement Sub-processor, the Controller may terminate the Agreement with respect to those Services which cannot be provided by the Processor without the use of the new or replacement Sub-processor. The Processor will refund the Controller any prepaid fees covering the remainder of the term of the Agreement following the effective date of termination with respect to such terminated Services.
All Sub-processors who process Personal Data shall comply with the obligations of the Processor set out in this DPA. The Processor shall prior to the relevant Sub-processor carrying out any processing activities in respect of the Personal Data: (i) appoint each Sub-processor under a written contract containing materially the same obligations to those of the Processor in this DPA enforceable by the Processor; and (ii) ensure each such Sub-processor complies with all such obligations.
The Controller agrees that the Processor and its Sub-processors may make Restricted Transfers of Personal Data for the purpose of providing the Services to the Controller in accordance with the Agreement. The Processor confirms that such Sub-processors: (i) are located in a third country or territory recognised by the EU Commission or a Supervisory Authority, as applicable, to have an adequate level of protection; or (ii) have entered into the applicable SCCs with the Processor; or (iii) have other legally recognised appropriate safeguards in place.
The parties agree that, when the transfer of Personal Data from the Controller to the Processor or from the Processor to a Sub-processor is a Restricted Transfer, it shall be subject to the applicable SCCs as outlined in Schedule 4.
In the event that any provision of this DPA contradicts directly or indirectly any SCCs, the provisions of the applicable SCCs shall prevail over the terms of the DPA.
The Controller may require correction, deletion, blocking and/or making available the Personal Data during or after termination of the Agreement. The Controller acknowledges and agrees that the Processor will process the request to the extent it is lawful and will reasonably fulfil such request in accordance with its standard operational procedures to the extent possible.
In the event that the Processor receives a request from a Data Subject in relation to Personal Data, the Processor will refer the Data Subject to the Controller unless otherwise prohibited by law. The Controller shall reimburse the Processor for all costs incurred resulting from providing reasonable assistance in dealing with a Data Subject request. In the event that the Processor is legally required to respond to the Data Subject, the Controller will fully cooperate with the Processor as applicable.
The Processor shall make available to the Controller all information reasonably necessary to demonstrate compliance with its processing obligations and allow for and contribute to audits and inspections.
Any audit conducted under this DPA shall consist of examination of the most recent reports, certificates and/or extracts prepared by an independent auditor bound by confidentiality provisions similar to those set out in the Agreement. In the event that provision of the same is not deemed sufficient in the reasonable opinion of the Controller, the Controller may at its own expense conduct a more extensive audit which will be: (i) limited in scope to matters specific to the Controller and agreed in advance with the Processor; (ii) carried out during the Processor's usual business hours and upon reasonable notice which shall be not less than 4 weeks unless an identifiable material issue has arisen; and (iii) conducted in a way which does not interfere with the Processor's day-to-day business. The Processor may charge a fee (based on its reasonable time and costs) for assisting with any audit. The Processor will provide the Controller with further details of any applicable fee, and the basis of its calculation, in advance of any such audit.
This clause shall not modify or limit the rights of audit of the Controller, instead it is intended to clarify the procedures in respect of any audit undertaken pursuant thereto.
The Processor shall notify the Controller without undue delay after becoming aware of (and in any event within 72 hours of discovering) any accidental or unlawful destruction, loss, alteration or unauthorised disclosure or access to any Personal Data (“Personal Data Breach”).
The Processor will take all commercially reasonable measures to secure the Personal Data, to limit the effects of any Personal Data Breach and to assist the Controller in meeting the Controller's obligations under applicable law.
The Processor's notification of, or response to, a Personal Data Breach under this Section 10 will not be construed as an acknowledgement by the Processor of any fault or liability with respect to the Personal Data Breach.
The Processor will notify the Controller promptly of any request or complaint regarding the processing of Personal Data, which adversely impacts the Controller, unless such notification is not permitted under applicable law or a relevant court order.
The Processor may make copies of and/or retain Personal Data in order to comply with any legal or regulatory requirement including, but not limited to, retention requirements.
The Processor shall reasonably assist the Controller in meeting the Controller's obligation to carry out data protection impact assessments (DPIAs), taking into account the nature of the processing and the information available to the Processor.
The Controller shall notify the Processor within a reasonable time, of any changes to applicable data protection laws, codes or regulations which may affect the contractual duties of the Processor. The Processor shall respond within a reasonable timeframe in respect of any changes that need to be made to the terms of this DPA or to the technical and organisational measures to maintain compliance. If the Processor is unable to accommodate necessary changes, the Controller may terminate the part or parts of the Services which give rise to the non-compliance. To the extent that other parts of the Services provided are not affected by such changes, the provision of those Services shall remain unaffected.
The Controller and the Processor and, where applicable, their representatives, shall cooperate, on request, with a Supervisory Authority in the performance of their respective obligations under this DPA and Data Protection Law.
The parties agree that the Processor will be entitled to charge the Controller additional fees to reimburse the Processor for its staff time, costs and expenses in assisting the Controller, when the Controller requests the Processor to provide assistance pursuant to this DPA. In such cases, the Processor will notify the Controller of its fees for providing assistance, in advance.
The limitations on liability set out in the Agreement apply to all claims made pursuant to any breach of the terms of this DPA.
The parties agree that the Processor shall be liable for any breaches of this DPA caused by the acts and omissions or negligence of its Sub-processors to the same extent the Processor would be liable if performing the services of each Sub-processor directly under the terms of the DPA, subject to any limitations on liability set out in the terms of the Agreement.
The parties agree that the Controller shall be liable for any breaches of this DPA caused by the acts and omissions or negligence of its Affiliates as if such acts, omissions or negligence had been committed by the Controller itself.
The Controller shall not be entitled to recover more than once in respect of the same loss.
The Processor will only process Personal Data for the term of the DPA. The term of this DPA shall coincide with the commencement of the Agreement and this DPA shall terminate automatically together with termination or expiry of the Agreement.
The Processor will enable the Controller to delete Personal Data using the functionality provided by the Service at any time. For certain deletions, a recovery feature is offered by the Processor to enable recovery from accidental deletions for up to 30 days. This may be overridden by the Controller. After any recovery period, the Processor will permanently delete the Personal Data from the live systems.
On termination, the Controller has the option to request the return or deletion of Personal Data. This request must be made within 14 days of termination. The Processor will make the data available for download by the Controller in a machine readable format. The Processor will permanently delete the Personal Data from the live systems in any event within 14 days of termination of the Agreement.
Following permanent deletion from the live systems, partial data resides on the Processor's backup systems in accordance with its then current data back-up policy. If requested by the Controller, the Processor may be able to assist with recovery of partial data from these backups during this period. A fee will be charged for this service.
In addition, where any law, regulation, or government or regulatory body requires the Processor to retain any documents or materials containing any part or all of the Personal Data, the Processor shall be entitled to retain such documents or materials for the duration of such retention requirement.
Should a provision of this DPA be invalid or become invalid then the legal effect of the other provisions shall be unaffected. A valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision. The same shall apply to any omissions.
Subject to any provisions of the SCCs to the contrary, this DPA shall be governed by the laws of England and Wales. The courts of England shall have exclusive jurisdiction for the settlement of all disputes arising under this DPA.
The parties agree that this DPA is incorporated into and governed by the terms of the Agreement.
List of Parties, Description of Processing and Transfer of Personal Data, Competent Supervisory Authority
The Controller: means the Agency.
| Address: | As set out for the Agency in the Agreement. |
|---|---|
| Contact person's name, position and contact details: | As provided by the Agency in its account and used for notification and invoicing purposes. |
| Activities relevant to the data transferred under the SCCs: | Use of the Services. |
| Signature and date: | By entering into the Agreement, the Controller is deemed to have signed the SCCs incorporated into this DPA and including their Annexes, as of the Effective Date of the Agreement. |
| Role: | Data Exporter. |
| Name of Representative (if applicable): | Any UK or EU representative named in the Controller's privacy policy. |
The Processor: means the Company: Transpond Limited
| Address: | Level 1, 20 Dale Street, Manchester, M1 1EZ, England. |
|---|---|
| Contact person's name, position and contact details: | support@mpzmail.com |
| Activities relevant to the data transferred under the SCCs: | The provision of online marketing solutions to the Controller under which the Processor processes Personal Data upon the instructions of the Controller in accordance with the terms of the Agreement. |
| Signature and date: | By entering into the Agreement, the Processor is deemed to have signed the SCCs, incorporated into this DPA, including their Annexes, as of the Effective Date of the Agreement. |
| Role: | Data Importer |
| Name of Representative (if applicable): | Data Protection Representative Limited |
| Categories of data subjects: | Individuals about whom data is uploaded to the Services by (or at the direction of) the Controller or by Users, Affiliates and other participants whom the Controller has granted the right to access the Services in accordance with the provisions of the Agreement including but not limited to:
|
|---|---|
| Categories of Personal Data: | Data relating to individuals uploaded to the Service by (or at the direction of) the Controller or by Users, Affiliates and other participants whom the Controller has granted the right to access the Services in accordance with the provisions of the Agreement. The Personal Data includes but is not limited to:
|
| Sensitive Data: | No sensitive data (special category data) will be processed or transferred and shall not be contained in the content of, or attachments to, emails. |
| The frequency of the processing and transfer (e.g. whether the data is transferred on a one-off or continuous basis): | Continuous basis for the duration of the Agreement. |
| Nature of the processing: | Processing operations include but are not limited to: providing email campaign & marketing automation services to users of the Services. |
| Purpose(s) of the data transfer and further processing: | Personal Data is transferred to sub-contractors who need to process some of the Personal Data in order to provide their services to the Processor as part of the Services provided by the Processor to the Controller. |
| The period for which the Personal Data will be retained, or, if that is not possible, the criteria used to determine that period: | Unless agreed otherwise in writing, for the duration of the Agreement, subject to clause 14 of the DPA. |
| For transfers to (Sub-) processors, also specify subject matter, nature and duration of the processing: | The Sub-processor list (https://transpond.io/subprocessors) sets out the Personal Data processed by each Sub-processor and the services provided by each Sub-processor. |
| Identify the competent supervisory authority/ies (e.g. in accordance with Clause 13 of the SCCs) | Where the EU GDPR applies, the Irish Data Protection Authority - the Data Protection Commission (DPC). Where the UK GDPR applies, the UK Information Commissioner's Office, (ICO). Where the FDPA applies, the Swiss Federal Data Protection and Information Commissioner, (FDPIC). |
|---|
The Data Exporter: is the Company.
The Data Importers: are the Sub-processors named in the Sub-processor list published at https://transpond.io/subprocessors which contains the name, address, contact details and activities relevant to the data transferred to each Data Importer.
The Sub-processor list includes the information about the processing and transfers of the Personal Data, for each Data Importer:
Personal Data is processed by each Sub-processor:
The competent Supervisory Authority of the Data Exporter shall be:
Technical and Organisational Security Measures
(Including Technical and Organisational Measures to Ensure the Security of Data)
Below is a description of the technical and organisational measures implemented by the Processor(s) / Data Importer(s) (including any relevant certifications) 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.
Full details of the Processor's/Data Importer's technical and organisational security measures used to protect Personal Data can be requested.
Where applicable this Schedule 2 will serve as Annex II to the SCCs.
| Measure | Description |
|---|---|
| Measures of encryption of Personal Data | Data transmitted between the Agency and our application is encrypted over public networks using Transport Layer Security (“TLS”). |
| Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services | The Processor utilises Digital Ocean with extensive application and infrastructure monitoring with 24x7 application support rosters. We maintain redundancy throughout our IT infrastructure in order to minimise the lack of availability to or loss of data. The operation of Processor's service requires that some employees have access to the systems which store and process Personal Data. These employees are prohibited from using these permissions to view Personal Data unless it is necessary to do so. All of the Processor's employees and contract personnel are bound to our policies regarding Personal Data and we treat these issues as matters of the highest importance within our company. All staff employment contracts have full confidentiality clauses and all employees are required to read and sign our comprehensive information security policy covering the security, availability, and confidentiality of Processor's service. |
| Measures for ensuring the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident | Data is stored in duplicate. Should a single duplicate fail the service can be restored without data loss. In addition frequent backups are taken so in the unlikely event of both original copies of the data being lost the backups can be used to restore the service with minimal loss of data. |
| Processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures in order to ensure the security of the processing | We strive to automate audits hence the majority of our monitoring of our infrastructure is automated and running 24/7. We obtain an external security and compliance audit once per calendar year. |
| Measures for user identification and authorisation | Passwords for authentication are salted and hashed using industry standard hashing functions. The Controller invites and removes users and applies permission levels in the account. Users can enable Two Factor Authentication to provide additional protection. |
| Measures for ensuring physical security of locations at which Personal Data are processed | The Service is hosted and Personal Data is stored within data centres provided by Digital Ocean (DO). As such, the Processor relies on the physical, environmental and infrastructure controls of DO. The Processor periodically reviews certifications and third-party attestations provided by DO relating to the effectiveness of its data centre controls.# |
| Measures for ensuring events logging | System events are recorded in the form of log files therefore it is possible to review retroactively whether and by who Personal Data was entered, altered or deleted. |
| Measures for ensuring system configuration, including default configuration | Security patches are applied to the application dependencies as issues are identified via 3rd party monitoring platform(s). Server operating systems and third party tools are updated automatically when new updates are available. |
| Measures for internal IT and IT security governance and management | Access to systems which store and process Personal Data is subject to role based need. Employees have individual logins for such systems. Two factor authentication must be enabled where available. |
| Measures for certification/assurance of processes and products | The Processor utilises third party data centres that maintain current ISO 27001 certifications and SOC 2 Attestation Reports. The Processor will not utilise third party data centres used for primary storage that do not maintain the aforementioned certifications and/or attestations, or other substantially similar or equivalent certifications and/or attestations. |
| Measures for ensuring data minimisation | The Controller decides the Personal Data to be stored on the Service and is responsible for defining its own policies for minimising data collection and storage. If Personal Data is no longer required the Controller can delete it from the service. See “Measures for ensuring limited data retention”. |
| Measures for ensuring data quality | We do not assess the quality of the data provided by the Controller. We provide reporting tools within our product to help the Controller understand and validate the data that is stored. |
| Measures for ensuring limited data retention | The Controller is responsible for defining its own retention policies and using the tools provided by the Service to delete Personal Data. If Personal Data is no longer required the Controller can delete it from the service. It should be noted that with each deletion the data is in the first instance locked and then permanently deleted from the production system after a certain delay. This is done in order to prevent accidental deletions. Cancellation or Termination of the Service will also automatically result in permanent deletion of Personal Data after a certain recovery period. Following permanent deletion from the live systems, partial data resides on the Processor's backup archives and is removed over time in line with our data retention policy (https://transpond.io/dpa_cancellation). |
| Measures for ensuring accountability | The Processor has designated local representation in Europe and the United Kingdom. Our contact details in the United Kingdom support@mpzmail.com. Contact details of our European representative
|
| Measures for allowing data portability and ensuring erasure | The Service has built-in tools that allow the Controller to export and permanently erase data. |
| Measures to be taken by the (Sub-) processor to be able to provide assistance to the Controller (and, for transfers from a Processor to a Sub-processor, to the Data Exporter). | The transfer of Personal Data to a third party (e.g. customers, sub-contractors, service providers) is only made if a corresponding contract exists, and only for the specific purposes. If Personal Data is transferred outside the EEA, the Processor provides that an adequate level of data protection exists at the target location or organisation in accordance with the European Union's data protection requirements, e.g. by employing contracts based on the EU SCCs. |
International Data Transfer Addendum to the EU Commission Standard Contractual clauses
VERSION B1.0, in force 21 March 2022
This Addendum has been issued by the Information Commissioner for Parties making Restricted Transfers. The Information Commissioner considers that it provides Appropriate Safeguards for Restricted Transfers when it is entered into as a legally binding contract.
Table 1: Parties
| Start Date | The date set out in Annex I of the Approved EU SCCs. | |
| The Parties | Exporter (who sends the Restricted Transfer) | Importer (who receives the Restricted Transfer) |
| Parties details | Full legal name: the Customer named in the Agreement. Main address (if a company registered address): As set out in Annex I of the Approved EU SCCs. Official registration number (if any) (company number or similar identifier): Where set out in the Agreement. | Full legal name: MPZMail Limited Main address: Level 1, 20 Dale Street, Manchester, M1 1EZ, England Official registration number (if any) (company number or similar identifier): 11234241 |
| Key Contact | Full Name (optional): As set out in Annex I of the Approved EU SCCs. Job Title: As set out in Annex I in the Approved EU SCCs Contact details including email: As set out in Annex I the Approved EU SCCs. | Job Title: DPO Contact details including email: support@mpzmail.com |
| Signature (if required for the purposes of Section 2) | no signature is required. | no signature is required. |
Table 2: Selected SCCs, Modules and Selected Clauses
| Addendum EU SCCs | the Approved EU SCCs, including the Appendix Information and with only the following modules, clauses or optional provisions of the Approved EU SCCs brought into effect for the purposes of this Addendum: |
| Module | Module in operation | Clause 11 (Option) | Clause 9a General Authorisation | Clause 9a (Time period) | Is personal data received from the Importer combined with personal data collected by the Exporter? |
| 1 | no | not used | - | - | - |
| 2 | yes | not used | yes | 30 days | - |
| 3 | yes | not used | yes | 30 days | - |
| 4 | no | not used | - | - | no |
Table 3: Appendix Information
“Appendix Information” means the information which must be provided for the selected modules as set out in the Appendix of the Approved EU SCCs (other than the Parties), and which for this Addendum is set out in:
| Annex 1A: List of Parties: for Module 2 and Module 3 | Annex 1B: Description of Transfer: for Module 2 and Module 3 | Annex II: Technical and organisational measures including technical and organisational measures to ensure the security of the data: for Module 2 |
Table 4: Ending this Addendum when the Approved Addendum Changes
| Ending this Addendum | Which Parties may end this Addendum as set out in Section 19: |
| when the Approved Addendum changes | Importer Exporter |
Entering into this Addendum
| Addendum | This International Data Transfer Addendum which is made up of this Addendum incorporating the Addendum EU SCCs. |
| Addendum EU SCCs | The version(s) of the Approved EU SCCs which this Addendum is appended to, as set out in Table 2, including the Appendix Information. |
| Appendix Information | As set out in Table 3. |
| Appropriate Safeguards | The standard of protection over the personal data and of data subjects’ rights, which is required by UK Data Protection Laws when you are making a Restricted Transfer relying on standard data protection clauses under Article 46(2)(d) UK GDPR. |
| Approved Addendum | The template Addendum issued by the ICO and laid before Parliament in accordance with s119A of the Data Protection Act 2018 on 2 February 2022, as it is revised under Section 18. |
| Approved EU SCCs | The Standard Contractual Clauses set out in the Annex of Commission Implementing Decision (EU) 2021/914 of 4 June 2021. |
| ICO | The Information Commissioner. |
| Restricted Transfer | A transfer which is covered by Chapter V of the UK GDPR. |
| UK | The United Kingdom of Great Britain and Northern Ireland. |
| UK Data Protection Laws | All laws relating to data protection, the processing of personal data, privacy and/or electronic communications in force from time to time in the UK, including the UK GDPR and the Data Protection Act 2018. |
| UK GDPR | As defined in section 3 of the Data Protection Act 2018. |
The parties agree that the EU SCCs shall apply to Restricted Transfers from the EEA. The EU SCCs shall be deemed entered into (and incorporated into this DPA by reference) and completed as follows: