Printix Data Processing Agreement
Last modified: May 15, 2018
This Printix Data Processing Agreement (“DPA”) reflects the parties’ agreement with respect to the terms governing the Processing of Personal Data under the Printix Terms of Service (the “Agreement”). This DPA is an amendment to the Agreement and is effective upon its incorporation into the Agreement, which incorporation may be specified in the Agreement, an Order or an executed amendment to the Agreement. Upon its incorporation into the Agreement, the DPA will form a part of the Agreement.
The term of this DPA shall follow the term of the Agreement. Terms not otherwise defined herein shall have the meaning as set forth in the Agreement.
“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data. The customer is the controller as defined in the Printix Terms of Service (“Agreement”).
“Data Protection Law” means all applicable legislation relating to data protection and privacy including without limitation the EU Data Protection Directive 95/46/EC and all local laws and regulations which amend or replace any of them, including the GDPR, together with any national implementing laws in any Member State of the European Union or, to the extent applicable, in any other country, as amended, repealed, consolidated or replaced from time to time. The terms “process”, “processes” and “processed” will be construed accordingly.
“Data Subject” means the individual to whom Personal Data relates.
“GDPR” means the General Data Protection 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.
“Instruction” means the written, documented instruction, issued by Controller to Processor, and directing the same to perform a specific action with regard to Personal Data (including, but not limited to, depersonalizing, blocking, deletion, making available).
“Personal Data” means any information relating to an identified or identifiable individual where such information is contained within Customer Data and is protected similarly as personal data or personally identifiable information under applicable Data Protection Law
“Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
“Processing” means any operation or set of operations which is performed on Personal Data, encompassing the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction or erasure of Personal Data.
“Processor” means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller. The processor is Printix.net ApS.
2. Details of the Processing
a. Categories of Data Subjects. Controller’s Contacts and other end users including Controller’s employees, contractors, collaborators, customers, prospects, suppliers and subcontractors. Data Subjects also include individuals attempting to communicate with or transfer Personal Data to the Controller’s end users.
b. Types of Personal Data. Contact Information, the extent of which is determined and controlled by the Customer in its sole discretion, and other Personal Data such as email data, system usage data, application integration data, and other electronic data submitted, stored or sent.
c. Subject-Matter and Nature of the Processing. The subject-matter of Processing of Personal Data by Processor is the provision of the services to the Controller that involves the Processing of Personal Data. Personal Data will be subject to those Processing activities as may be specified in the Agreement and an Order.
d. Purpose of the Processing. Personal Data will be Processed for purposes of providing the services set out and otherwise agreed to in the Agreement and any applicable Order.
e. Duration of the Processing. Personal Data will be Processed for the duration of the Agreement, subject to Section 4 of this DPA.
3. Customer Responsibility
Within the scope of the Agreement and in its use of the services, Controller shall be solely responsible for complying with the statutory requirements relating to data protection and privacy, in particular regarding the disclosure and transfer of Personal Data to the Processor and the Processing of Personal Data. For the avoidance of doubt, Controller’s instructions for the Processing of Personal Data shall comply with the Data Protection Law. This DPA is Customer’s complete and final instruction to Printix in relation to Personal Data and that additional instructions outside the scope of DPA would require prior written agreement between the parties. Instructions shall initially be specified in the Agreement and may, from time to time thereafter, be amended, amplified or replaced by Controller in separate written instructions (as individual instructions).
Controller shall inform Processor without undue delay and comprehensively about any errors or irregularities related to statutory provisions on the Processing of Personal Data.
4. Obligations of Processor
a. Compliance with Instructions. The parties acknowledge and agree that Customer is the Controller of Personal Data and Printix is the Processor of that data. Processor shall collect, process and use Personal Data only within the scope of Controller’s Instructions. If the Processor believes that an Instruction of the Controller infringes the Data Protection Law, it shall immediately inform the Controller without delay. If Processor cannot process Personal Data in accordance with the Instructions due to a legal requirement under any applicable European Union or Member State law, Processor will (i) promptly notify the Controller of that legal requirement before the relevant Processing to the extent permitted by the Data Protection Law; and (ii) cease all Processing (other than merely storing and maintaining the security of the affected Personal Data) until such time as the Controller issues new instructions with which Processor is able to comply. If this provision is invoked, Processor will not be liable to the Controller under the Agreement for any failure to perform the applicable services until such time as the Controller issues new instructions in regard to the Processing.
b. Security.Processor shall take the appropriate technical and organizational measures to adequately protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data, described under Appendix 1. Such measures include, but are not be limited to:
i. the prevention of unauthorized persons from gaining access to Personal Data Processing systems (physical access control),
ii. the prevention of Personal Data Processing systems from being used without authorization (logical access control),
iii. ensuring that persons entitled to use a Personal Data Processing system gain access only to such Personal Data as they are entitled to accessing in accordance with their access rights, and that, in the course of Processing or use and after storage, Personal Data cannot be read, copied, modified or deleted without authorization (data access control),
iv. ensuring that Personal Data cannot be read, copied, modified or deleted without authorization during electronic transmission, transport or storage on storage media, and that the target entities for any transfer of Personal Data by means of data transmission facilities can be established and verified (data transfer control),
v. ensuring the establishment of an audit trail to document whether and by whom Personal Data have been entered into, modified in, or removed from Personal Data Processing systems (entry control),
vi. ensuring that Personal Data is Processed solely in accordance with the Instructions (control of instructions),
vii. ensuring that Personal Data is protected against accidental destruction or loss (availability control).
Upon Controller’s request, Processor shall provide a current Personal Data protection and security programme relating to the Processing hereunder.
Processor will facilitate Controller’s compliance with the Controller’s obligation to implement security measures with respect to Personal Data (including if applicable Controller’s obligations pursuant to Articles 32 to 34 (inclusive) of the GDPR), by (i) implementing and maintaining the security measures described under Appendix 1, (ii) complying with the terms of Section 4.4 (Personal Data Breaches); and (iii) providing the Controller with information in relation to the Processing in accordance with Section 5 (Audits).
c. Confidentiality. Processor shall ensure that any personnel whom Processor authorizes to process Personal Data on its behalf is subject to confidentiality obligations with respect to that Personal Data. The undertaking to confidentiality shall continue after the termination of the above-entitled activities.
d. Personal Data Breaches. Processor will notify the Controller as soon as practicable after it becomes aware of any of any Personal Data Breach affecting any Personal Data. At the Controller’s request, Processor will promptly provide the Controller with all reasonable assistance necessary to enable the Controller to notify relevant Personal Data Breaches to competent authorities and/or affected Data Subjects, if Controller is required to do so under the Data Protection Law.
e. Data Subject Requests. Processor will provide reasonable assistance, including by appropriate technical and organizational measures and taking into account the nature of the Processing, to enable Controller to respond to any request from Data Subjects seeking to exercise their rights under the Data Protection Law with respect to Personal Data (including access, rectification, restriction, deletion or portability of Personal Data, as applicable), to the extent permitted by the law. If such request is made directly to Processor, Processor will promptly inform Controller and will advise Data Subjects to submit their request to the Controller. Controller shall be solely responsible for responding to any Data Subjects’ requests. Controller shall reimburse Processor for the costs arising from this assistance.
f. Sub-Processors. Processor shall be entitled to engage sub-Processors to fulfil Processor’s obligations defined in the Agreement only with Controller’s written consent. For these purposes, Controller consents to the engagement as sub-Processors of Processor’s affiliated companies and the third parties listed in Exhibit 1. For the avoidance of doubt, the above authorization constitutes Controller’s prior written consent to the sub-Processing by Processor.
If the Processor intends to instruct sub-Processors other than the companies listed in Exhibit 1, the Processor will notify the Controller thereof in writing (email to the email address(es) on record in Processor’s account information for Controller is sufficient) and will give the Controller the opportunity to object to the engagement of the new sub-Processors within 30 days after being notified. The objection must be based on reasonable grounds (e.g. if the Controller proves that significant risks for the protection of its Personal Data exist at the sub-Processor). If the Processor and Controller are unable to resolve such objection, either party may terminate the Agreement by providing written notice to the other party. Controller shall receive a refund of any prepaid but unused fees for the period following the effective date of termination.
Where Processor engages sub-Processors, Processor will enter into a contract with the sub-Processor that imposes on the sub-Processor the same obligations that apply to Processor under this DPA. Where the sub-Processor fails to fulfil its data protection obligations, Processor will remain liable to the Controller for the performance of such sub-Processors obligations.
Where a sub-Processor is engaged, the Controller must be granted the right to monitor and inspect the sub-Processor’s activities in accordance with this DPA and the Data Protection Law, including to obtain information from the Processor, upon written request, on the substance of the contract and the implementation of the data protection obligations under the sub-Processing contract, where necessary by inspecting the relevant contract documents.
The provisions of this Section 4.6 shall mutually apply if the Processor engages a sub-Processor in a country outside the European Economic Area (“EEA”) not recognized by the European Commission as providing an adequate level of protection for personal data. If, in the performance of this DPA, Printix transfers any Personal Data to a sub-processor located outside of the EEA, Printix shall, in advance of any such transfer, ensure that a legal mechanism to achieve adequacy in respect of that processing is in place.
g. Data Transfers. Controller acknowledges and agrees that, in connection with the performance of the services under the Agreement, Personal Data will be transferred to Printix.net, ApS in Denmark.
h. Deletion or Retrieval of Personal Data. Other than to the extent required to comply with Data Protection Law, following termination or expiry of the Agreement, Processor will delete all Personal Data (including copies thereof) processed pursuant to this DPA. If Processor is unable to delete Personal Data for technical or other reasons, Processor will apply measures to ensure that Personal Data is blocked from any further Processing.
Controller shall, upon termination or expiration of the Agreement and by way of issuing an Instruction, stipulate, within a period of time set by Processor, the reasonable measures to return data or to delete stored data. Any additional cost arising in connection with the return or deletion of Personal Data after the termination or expiration of the Agreement shall be borne by Controller.
Controller may, prior to the commencement of Processing, and at regular intervals thereafter, audit the technical and organizational measures taken by Processor.
For such purpose, Controller may, e.g.,
- obtain information from the Processor,
- request Processor to submit to Controller an existing attestation or certificate by an independent professional expert, or
- upon reasonable and timely advance agreement, during regular business hours and without interrupting Processor’s business operations, conduct an on-site inspection of Processor’s business operations or have the same conducted by a qualified third party which shall not be a competitor of Processor.
Processor shall, upon Controller’s written request and within a reasonable period of time, provide Controller with all information necessary for such audit, to the extent that such information is within Processor’s control and Processor is not precluded from disclosing it by applicable law, a duty of confidentiality, or any other obligation owed to a third party.
6. General Provisions
With respect to updates and changes to this DPA, the terms that apply in the “Variation” section in the Agreement shall apply.
In case of any conflict, this DPA shall take precedence over the regulations of the Agreement. Where individual provisions of this DPA are invalid or unenforceable, the validity and enforceability of the other provisions of this DPA shall not be affected.
Effective 25 May 2018 Printix will process Personal Data in accordance with the GDPR requirements contained herein which are directly applicable to Printix’s provision of the Subscription Services.
7. Parties to this DPA
This DPA is an amendment to and forms part of the Agreement. Upon the incorporation of this DPA into the Agreement, Controller and the Printix entity that are each a party to the Agreement are also each a party to this DPA.
The legal entity agreeing to this DPA as Controller represents that it is authorized to agree to and enter into this DPA for, and is agreeing to this DPA solely on behalf of, the Controller.
Description of the technical and organizational security measures implemented by the data importer in accordance with section 4(b).
Printix currently observes the security practices described in this Appendix 1. Notwithstanding any provision to the contrary otherwise agreed to by Controller, Printix may modify or update these practices at its discretion provided that such modification and update does not result in a material degradation in the protection offered by these practices. All capitalized terms not otherwise defined herein shall have the meanings as set forth in the Agreement.
a) Access Control
i) Preventing Unauthorized Product Access
Outsourced processing: Printix hosts its Service with outsourced cloud infrastructure providers. Additionally, Printix maintains contractual relationships with vendors in order to provide the Service in accordance with our Data Processing Agreement. Printix relies on contractual agreements, privacy policies, and vendor compliance programs in order to protect data processed or stored by these vendors.
Physical and environmental security: Printix hosts its product infrastructure with multi-tenant, outsourced infrastructure providers.
Authentication: Customers who interact with the product via the user interface or application programming interface must authenticate before accessing non-public customer data. Customers may integrate with their own industry standard identity management solution like Azure AD, LDAP etc. for end user authentication.
Authorization: Customer data is stored in multi-tenant storage systems accessible to Customers via only application user interfaces and application programming interfaces. Customers are not allowed direct access to the underlying application infrastructure. The authorization model in Printix’s product is designed to ensure that only the appropriately assigned individuals can access relevant features, views, and customization options. Authorization to data sets is performed through validating the user’s permissions against the attributes associated with each data set.
ii) Preventing Unauthorized Product Use
Access controls: Network access control mechanisms are designed to prevent network traffic using unauthorized protocols from reaching the product infrastructure. The technical measures implemented differ between infrastructure providers and include security group assignment, and traditional firewall rules.
For direct server access to Printix backend, Printix uses SSH keys and an SSH key management system. All systems require authentication/authorization before a user can have access.
iii) Limitations of Privilege & Authorization Requirements
Product access: A subset of Printix’s employees have access to the products and to customer data via controlled interfaces. The intent of providing access to a subset of employees is to provide effective customer support, to troubleshoot potential problems, to detect and respond to security incidents and implement data security. Employees are granted access by role. Employee roles are reviewed at least once every six months.
Employee compliance: All employees are required to conduct themselves in a manner consistent with company guidelines, non-disclosure requirements, business ethics, appropriate usage, and professional standards. Personnel are provided with security training.
b) Transmission Control
In-transit: Printix uses HTTPS encryption (also referred to as SSL or TLS) available on every one of its login interfaces and on every customer application hosted on the Printix products. Printix’s HTTPS implementation uses industry standard algorithms and certificates.
At-rest: Printix stores user passwords following policies that follow industry standard practices for security.
c) Input Control
Logging: Printix designed its infrastructure to log extensive information about system behaviour, traffic received, system authentication, and other application requests. The logging system helps maintain a tidy system and is used for debugging, error handling and troubleshooting.
Response and tracking: Printix maintains a record of known security incidents that includes description, dates and times of relevant activities, and incident disposition. Suspected and confirmed security incidents are investigated by security, operations, or support personnel; and appropriate resolution steps are identified and documented. For any confirmed incidents, Printix will take appropriate steps to minimize product and Customer damage or unauthorized disclosure.
Communication: If Printix becomes aware of unlawful access to Customer data stored within its product, Printix will: 1) notify the affected Customers of the incident; 2) provide a description of the steps Printix is taking to resolve the incident; and 3) provide status updates to the Customer contact, as Printix deems necessary. Notification(s) of incidents, if any, will be delivered to one or more of the Customer’s contacts in a form Printix selects, which may include via email or telephone.
d) Availability Control
Printix backend architecture consists of several Microservices. Redundant business critical Microservices are running to ensure scaling and resilience functionality. If a Microservice crashes it reboots automatically. The design assists Printix operations in maintaining and updating the product applications and backend while limiting downtime.
Printix backend databases run in clusters ensuring higher availability.
The production environment is monitored 24/7. Alerts are given when services or databases become unavailable, when failure rates increase above a defined level or when response times are above a certain level. Relevant employees are notified immediately when these incident types happen.
All databases are backed up and maintained using industry standard methods. Restoring of databases is tested on a regular basis. Printix can re-create a completely new data centre from scratch, in a new location, within one week.
List of Data Subprocessors
Printix uses the following third-party vendors (“subprocessors”) to help provide the Printix services to our customers.
|Third Party Vendors||Subprocessing activities||Entity Country||Website|
|Amazon Web Services, Inc.||Storage and web server||United States||https://aws.amazon.com/|
|Atlassian (jira & confluence)||Bug tracking, product management||United States||https://www.atlassian.com|
|Disqus||Comments service||United States||https://disqus.com/|
|Infusionsoft||Marketing Automation||United States||https://www.infusionsoft.com/|
|Microsoft Corp., Office365||Customer Support||United States||https://www.microsoft.com|
|PagerDuty||Event Incident Monitoring||United States||https://www.pagerduty.com/|
|Pusher||Event Notification Services||United Kingdom||https://pusher.com/|
|Mandrill||Email Notification Services||United States||http://mandrill.com/|
|Slack||Internal communication tool||United States||https://slack.com/|
|Stripe||Payment processing||United States||https://stripe.com|
|Zendesk||Customer Support||United States||https://www.zendesk.com/|