Updated on: October, 2020
1. Introduction and Scope
This DPA is a binding agreement between EasyfyCloud and its Clients, but only to the extent that (a) EasyfyCloud Processes Client Personal Data (defined below) for or on behalf of the Client pursuant to the Agreement (b) and the Data Protection Laws apply to such Client Personal Data. By using our Services in any way, you are agreeing to the terms of this DPA.
Capitalized terms which are not defined herein shall have the meaning provided elsewhere in the Agreement. In addition, the following defined terms apply solely with respect to this DPA.
“Controller”, “Processor”, “Data Subject”, “Processing”, “Personal Data”, and “Personal Data Breach” shall have the meanings ascribed to them in Data Protection Laws.
“Client Personal Data” means any Personal Data subject to the Data Protection Laws that Client provides, transfers, or makes accessible to EasyfyCloud in connection with the Services.
“Data Protection Laws” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and any similar or related implementing legislation by European Union member states, the United Kingdom, or Switzerland.
3. Roles of the Parties
Client is the Controller and EasyfyCloud is the Processor with respect to Client Personal Data. EasyfyCloud shall only Process Client Personal Data in accordance with Client’s documented instructions, which include the provisions of the Agreement, unless otherwise required to comply with any Data Protection Laws. We will inform you if, in our opinion, your instructions violate the Data Protection Laws.
Client and EasyfyCloud shall comply with the Data Protection Laws. Client shall obtain any required authorizations, consents, releases, or permissions, and provide all required privacy notices, regarding the Client Personal Data. For the avoidance of doubt, Client shall have sole responsibility for the accuracy, quality, and legality of all Client Personal Data and the bases on which it is collected from the Data Subject.
4. Nature, Purpose, and Duration of Processing
EasyfyCloud will Process Client Personal Data as necessary to perform the Services – which is generally limited to passive hosting of Client websites – or to protect EasyfyCloud’s legal rights, for the duration of the Agreement, unless otherwise agreed upon in writing. Client’s transfer of Client Personal Data to EasyfyCloud in connection with the Services is determined and controlled by Client in its sole discretion.
EasyfyCloud may Process the following categories of Client Personal Data: any Personal Data collected, used, or otherwise Processed from End Users of Client Websites.
EasyfyCloud may Process Client Personal Data from the following categories of Data Subjects: End Users of Client Websites.
5. Cross-border Transfers
You choose the EasyfyCloud’s Vendor’s data center(s) where your websites will be hosted. You acknowledge, agree, and understand that (a) all of your Client Personal Data will be automatically transferred and stored in the our vendor’s data center you choose, and (b) Client Personal Data may be transferred from the European Economic Area (“EEA”), the United Kingdom, or Switzerland to the country where the data center is located.
Client authorizes the transfer of Client Personal Data to any jurisdiction outside the EEA, including the United States, for the purpose of providing the Services. As the controller and/or exporter of Client Personal Data, Client is responsible for ensuring that any such transfers comply with the Data Protection Laws.
EasyfyCloud engages third-party subcontractors that Process Client Personal Data (“Sub-processors“) for the purposes of providing the Services. A current list of Sub-processors is available below in Appendix A. Client authorizes EasyfyCloud to engage these Sub-processors for the purpose of providing the Services.
EasyfyCloud may update the list of Sub-processors in Appendix A from time to time, and such updates shall be the sole means of providing notice of Sub-processor changes to Client. Client is responsible for regularly checking and reviewing the list of Sub-processors in Appendix A. Client’s failure to object in writing to a new Sub-processor within fourteen (14) days of EasyfyCloud’s posting of the new Sub-processor shall constitute Client’s authorization of the new Sub-processor.
If EasyfyCloud determines in its sole discretion that it cannot reasonably accommodate Client’s timely objection to a Sub-processor, upon notice from EasyfyCloud, Client may choose to terminate the Agreement pursuant to the termination provisions in the Terms of Service, which shall be Client’s sole and exclusive remedy.
EasyfyCloud shall impose obligations on its Sub-processors that are the same as or substantially equivalent to those set out in this DPA by way of written contract. EasyfyCloud shall be liable to Client for the Sub-processors’ performance of its data protection obligations with respect to Client Personal Data.
7. Security and Impact Assessments
EasyfyCloud shall ensure that its personnel are subject to binding obligations of confidentiality with respect to Client 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 Data Subjects, EasyfyCloud shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
Taking into account the nature of Processing and the information available to EasyfyCloud, EasyfyCloud shall assist the Client in ensuring compliance with Client’s obligations under the Data Protection Laws with respect to security, impact assessments, and consultations with supervisory authorities or regulators.
8. Personal Data Breach
Taking into account the nature of Processing and the information available to EasyfyCloud, EasyfyCloud shall assist the Client in ensuring compliance with Client’s obligations under the Data Protection Laws with respect to a Personal Data Breach.
In the event of a discovered Personal Data Breach, EasyfyCloud shall provide prompt notice to Client’s technical and account contacts using those means established for routine account-related communications.
Our notice shall include the following information to the extent it is reasonably available to EasyfyCloud at the time of the notice, and EasyfyCloud shall update its notice as additional information becomes reasonably available: (a) the dates and times of the Personal Data Breach; (b) the basic facts that underlie the discovery of the Personal Data Breach, or the decision to begin an investigation into a suspected Personal Data Breach, as applicable; (c) a description of the Client Personal Data involved in the Personal Data Breach, either specifically, or by reference to the data set(s), and (d) the measures planned or underway to remedy or mitigate the vulnerability giving rise to the Personal Data Breach.
9. Data Subject Requests
Taking into account the nature of the Processing, EasyfyCloud shall assist Client by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the Client’s obligation to respond to requests for exercising the Data Subject’s rights under the Data Protection Laws.
EasyfyCloud will promptly notify Client if we receive a request from a Data Subject to invoke their rights with respect to Client Personal Data, unless otherwise prohibited by applicable law; and, except to the extent required by applicable law, we will not independently take any action in response to a request from a Data Subject without Client’s prior written instruction.
10. Audit and Inspection
Subject to and conditioned on a written confidentiality and non-disclosure agreement, EasyfyCloud shall provide Client with information reasonably necessary to demonstrate compliance with the obligations set forth in this DPA.
Any on-site audits shall be (i) subject to and conditioned on reasonable advance written notice, not less than sixty (60) days, to EasyfyCloud; (ii) subject to and conditioned on a written confidentiality and non-disclosure agreement and a detailed written audit plan reviewed and pre-approved by EasyfyCloud; (iii) limited to once every three (3) calendar years; (iv) at Client’s sole cost and expense; (v) limited in scope and purpose to evaluate a specifically identified suspected failure by EasyfyCloud to comply with the provisions of this DPA and only after Client has exhausted all other reasonable means as determined by EasyfyCloud; and (vi) in the presence of a EasyfyCloud representative without unreasonably disrupting EasyfyCloud’s business operations.
11. Deletion or Return of Client Personal Data
Upon proper termination of the Agreement and at the written direction of the Client, EasyfyCloud shall take reasonable measures to delete Client Personal Data or return Client Personal Data and copies thereof to the Client, subject to applicable laws or other EasyfyCloud obligations requiring the continued storage of the Client Personal Data by EasyfyCloud.
List of Sub-processors
Packet: We collect and analyze logs – that are necessary for operating our infrastructure – for security reasons on Packet servers.
Tawk.to: We use Tawk.to to communicate with our customers and provide them support. Also, it is used to manage leads.
Google Apps: We use Google/Google Apps to process email communication and manage online documents.
Zoho Apps: We use Zoho Apps to process email communication and manage online documents.
Sendgrid/Mailgun: SendGrid is a cloud-based SMTP provider that we use to send transactional and marketing emails.
Slack: We use Slack for internal communication and collaboration.
Stripe/Paypal/Razorpay/Cashfree: We use Stripe to process Client payments.
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