Last changed: September 2018
Contact: legal @ check-mail.org
- We operate as a data processor [show me where].
- We do not log or store personal data, but it's processed live automatically through the API endpoints [show me where].
- Any API requests originating from within the EU stays within the EU [show me where].
- It is up to the user of the API if the API processes personal data [show me where].
- The API works fine without sending personal data. Just send the domain names, no e-mail addresses. Doing so is better for privacy and data protection [show me where].
- All requests are processed by R Software Inc (RapidAPI) and stored for 30 days before automatic deletion [show me where].
- The governing country is Sweden, an EU member state [show me where].
This Data Processing Agreement ("Agreement
") forms part of the Contract for Services ("Principal Agreement
(A) Your Company acts as a Data Controller (the "Controller").(B) Your Company wishes to subcontract certain Services (as defined in a separate agreement), which could include the Processing of personal data, to us, acting as a Data Processor (the "Processor").
(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the 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 and repealing Directive 95/46/EC (General Data Protection Regulation).
(D) The Parties wish to lay down their rights and obligations.
IT IS AGREED AS FOLLOWS:1. Definitions and Interpretation
1.1 Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:
1.1.1 "Agreement" means this Data Processing Agreement and all Schedules;
1.1.2 "Company Personal Data" means any Personal Data Processed by a Contracted Processor on behalf of Company pursuant to or in connection with the Principal Agreement;
1.1.3 "Contracted Processor" means a Subprocessor;
1.1.4 "Data Protection Laws" means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
1.1.5 "EEA" means the European Economic Area;
1.1.6 "EU 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means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
1.1.7 "GDPR" means EU General Data Protection Regulation 2016/679;
1.1.8 "Data Transfer" means:
188.8.131.52 a transfer of Company Personal Data from the Company to a Contracted Processor; or
184.108.40.206 an onward transfer of Company Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);
1.1.9 "Services" means the services the Company provides.
1.1.10 "Subprocessor" means any person appointed by or on behalf of Processor to process Personal Data on behalf of the Company in connection with the Agreement.
1.2 The terms, "Commission", "Controller", "Data Subject", "Member State", "Personal Data", "Personal Data Breach", "Processing" and "Supervisory Authority" shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.2. Processing of Company Personal Data
2.1 Processor shall:
2.1.1 comply with all applicable Data Protection Laws in the Processing of Company Personal Data; and
2.1.2 not Process Company Personal Data other than on the relevant Company's instructions.
2.2 The Company instructs Processor to process Company Personal Data.2.3 The Processor can process e-mail addresses as Company Personal Data. The Processor never logs this Processing. It is only processed live by API endpoints in-memory.2.4 It is up to the Company which data, including any Personal Data, is sent to the Processor and subsequently the Subprocessor.2.5 The Processor's services can be used exclusively without any processing of Company Personal Data. Instead of processing e-mail addresses as Personal Data, the Company can send just the domain names instead of full e-mail addresses.
This action excludes any processing of Company Personal Data by both the Processor and Subprocessor, with minor limitations of the services offered.3. Processor Personnel
Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual's duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.4. Security
4.1 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, Processor, shall in relation to the Company Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
4.2 In assessing the appropriate security level, Processor shall take into account in particular of the risks presented by Processing, particularly from a Personal Data Breach.5. Subprocessing5.1 Processor is using R Software Inc ("RapidAPI") as Subprocessor for all requests. Any Company Personal Data sent through the API is stored by the Subprocessor for 30 days for technical troubleshooting.
6.1 Taking into account the nature of the Processing, Processor shall assist the Company by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Company obligations, as reasonably understood by Company, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
6.2 Processor shall:
6.2.1 promptly notify Company if it receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and
6.2.2 ensure that it does not respond to that request except on the documented instructions of Company or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform Company of that legal requirement before the Contracted Processor responds to the request.7. Personal Data Breach
7.1 Processor shall notify Company without undue delay upon Processor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Company with sufficient information to allow the Company to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
7.2 Processor shall co-operate with the Company and take reasonable commercial steps as are directed by Company to assist in the investigation, mitigation, and remediation of each such Personal Data Breach.8. Data Protection Impact Assessment and Prior Consultation
Processor shall provide reasonable assistance to the Company with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Company reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.9. Deletion or return of Company Personal Data
9.1 Processor never stores any Company Personal Data. Company Personal Data that was willingly sent by the Company to the API is stored temporarily for 30 days at the Subprocessor, for exclusive access by the Processor. Any copies of Company Personal Data are promptly and in any event deleted automatically within 30 days of the date of cessation of any Services involving the Processing of Company Personal Data (the "Cessation Date").10. Audit rights
10.1 Processor shall make available to the Company on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the Company or an auditor mandated by the Company in relation to the Processing of the Company Personal Data by the Contracted Processors.
10.2 Information and audit rights of the Company only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.11. Data Transfer11.1 Data sent to the Processor originating within the EU and the European Economic Area (EEA) gets processed on endpoints located within the EU using geographic source location.
No Company Personal Data processed under this Agreement is transferred from a country within the European Economic Area (EEA) to a country outside the European Economic Area (EEA) by the Processor. Any relevant subprocessors might temporarily store Company Personal Data for exclusive access by the Processor outside the European Economic Area (EEA).12. General Terms
12.1 Notices. All notices and communications given under this Agreement must be in writing and delivered by e-mail to the address set out in the heading of this Agreement. This Agreement might be updated, and requests for notifications of any such changes should be directed to the same e-mail address.13. Governing Law and Jurisdiction13.1 This Agreement is governed by the laws of Sweden.
13.2 Any dispute arising in connection with this Agreement, which the Parties will not resolve amicably, will be submitted to the exclusive jurisdiction of Sweden's public courts.