Data Processing Agreement
Effective January 1, 2021
The Data Processing Agreement (“DPA”) is an integrated part of the Agreement consisting of the following documents:
The DPA governs data protection under the provisions of the Agreement.
Unless otherwise provided herein, the DPA is subject to the provisions of the Agreement. However, the Clauses in the DPA shall take priority over any similar provisions in the Agreement.
For the purposes of Article 28(3) of Regulation 2016/679 (the GDPR)
(the data processor/Printix)
the data controller/Customer)
each a ‘party’; together ‘the parties’
HAVE AGREED on the following Contractual Clauses (the Clauses) in order to meet the requirements of the GDPR and to ensure the protection of the rights of the data subject.
- These Contractual Clauses (the Clauses) set out the rights and obligations of the data controller and the data processor, when processing personal data on behalf of the data controller.
- The Clauses have been designed to ensure the parties’ compliance with Article 28(3) of Regulation 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).
- In the context of the provision of the Service, the data processor will process personal data on behalf of the data controller in accordance with the Clauses.
- The Clauses shall take priority over any similar provisions contained in the Agreement between the parties.
- Four appendices are attached to the Clauses and form an integral part of the Clauses.
- Appendix A contains details about the processing of personal data, including the purpose and nature of the processing, type of personal data, categories of data subject and duration of the processing.
- Appendix B contains the data controller’s conditions for the data processor’s use of sub-processors and a list of sub-processors authorised by the data controller.
- Appendix C contains the data controller’s instructions with regards to the processing of personal data, the minimum security measures to be implemented by the data processor and how audits of the data processor and any sub-processors are to be performed.
- Appendix D contains provisions for other activities which are not covered by the Clauses.
- The Clauses along with appendices shall be retained in writing, including electronically, by both parties.
- The Clauses shall not exempt the data processor from obligations to which the data processor is subject pursuant to the General Data Protection Regulation (the GDPR) or other legislation.
- The data controller is responsible for ensuring that the processing of personal data takes place in compliance with the GDPR (see Article 24 GDPR), the applicable EU or Member State data protection provisions and the Clauses.
- The data controller has the right and obligation to make decisions about the purposes and means of the processing of personal data.
- The data controller shall be responsible, among other, for ensuring that the processing of personal data, which the data processor is instructed to perform, has a legal basis.
- The data processor shall process personal data only on documented instructions from the data controller unless required to do so by Union or Member State law to which the processor is subject. Such instructions shall be specified in appendices A and C. Subsequent instructions can also be given by the data controller throughout the duration of the processing of personal data, but such instructions shall always be documented and kept in writing, including electronically, in connection with the Clauses.
- The data processor shall immediately inform the data controller if instructions given by the data controller, in the opinion of the data processor, contravene the GDPR or the applicable EU or Member State data protection provisions.
Having informed the data controller, the data processor continues the processing unless otherwise instructed.
- The data processor shall only grant access to the personal data being processed on behalf of the data controller to persons under the data processor’s authority who have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality and only on a need to know basis. The list of persons to whom access has been granted shall be kept under periodic review. On the basis of this review, such access to personal data can be withdrawn, if access is no longer necessary, and personal data shall consequently not be accessible anymore to those persons.
- The data processor shall at the request of the data controller demonstrate that the concerned persons under the data processor’s authority are subject to the abovementioned confidentiality.
- Article 32 GDPR stipulates that, 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 data controller and data processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
The data controller shall evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. Depending on their relevance, the measures may include the following:
- Pseudonymisation and encryption of personal data;
- the ability to ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services;
- the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
- a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
- According to Article 32 GDPR, the data processor shall also – independently from the data controller – evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. To this effect, the data controller shall provide the data processor with all information necessary to identify and evaluate such risks.
- Furthermore, the data processor shall assist the data controller in ensuring compliance with the data controller’s obligations pursuant to Articles 32 GDPR, by inter alia providing the data controller with information concerning the technical and organisational measures already implemented by the data processor pursuant to Article 32 GDPR along with all other information necessary for the data controller to comply with the data controller’s obligation under Article 32 GDPR.
If subsequently – in the assessment of the data controller – mitigation of the identified risks require further measures to be implemented by the data processor, than those already implemented by the data processor pursuant to Article 32 GDPR, the data controller shall specify these additional measures to be implemented in Appendix C.
- The data processor shall meet the requirements specified in Article 28(2) and (4) GDPR in order to engage another processor (a sub-processor).
- The data processor shall therefore not engage another processor (sub-processor) for the fulfilment of the Clauses without the prior general written authorisation of the data controller.
The data processor has the data controller’s general authorisation for the engagement of sub-processors. The data processor shall inform in writing the data controller of any intended changes concerning the addition or replacement of sub-processors at least 1 month in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). Longer time periods of prior notice for specific sub-processing services can be provided in Appendix B. The list of sub-processors already authorised by the data controller can be found in Appendix B.
- Where the data processor engages a sub-processor for carrying out specific processing activities on behalf of the data controller, the same data protection obligations as set out in the Clauses shall be imposed on that sub-processor by way of a contract or other legal act under EU or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the Clauses and the GDPR.
The data processor shall therefore be responsible for requiring that the sub-processor at least complies with the obligations to which the data processor is subject pursuant to the Clauses and the GDPR.
- A copy of such a sub-processor agreement and subsequent amendments shall – at the data controller’s request – be submitted to the data controller, thereby giving the data controller the opportunity to ensure that the same data protection obligations as set out in the Clauses are imposed on the sub-processor. Clauses on business related issues that do not affect the legal data protection content of the sub-processor agreement, shall not require submission to the data controller.
- The data processor shall agree a third-party beneficiary clause with the sub-processor where – in the event of bankruptcy of the data processor – the data controller shall be a third-party beneficiary to the sub-processor agreement and shall have the right to enforce the agreement against the sub-processor engaged by the data processor, e.g. enabling the data controller to instruct the sub-processor to delete or return the personal data.
- If the sub-processor does not fulfil his data protection obligations, the data processor shall remain fully liable to the data controller as regards the fulfilment of the obligations of the sub-processor. This does not affect the rights of the data subjects under the GDPR – in particular those foreseen in Articles 79 and 82 GDPR – against the data controller and the data processor, including the sub-processor.
- Any transfer of personal data to third countries or international organisations by the data processor shall only occur on the basis of documented instructions from the data controller and shall always take place in compliance with Chapter V GDPR.
- In case transfers to third countries or international organisations, which the data processor has not been instructed to perform by the data controller, is required under EU or Member State law to which the data processor is subject, the data processor shall inform the data controller of that legal requirement prior to processing unless that law prohibits such information on important grounds of public interest.
- Without documented instructions from the data controller, the data processor therefore cannot within the framework of the Clauses:
- transfer personal data to a data controller or a data processor in a third country or in an international organization
- transfer the processing of personal data to a sub-processor in a third country
- have the personal data processed in by the data processor in a third country
- Taking into account the nature of the processing, the data processor shall assist the data controller by appropriate technical and organisational measures, insofar as this is possible, in the fulfilment of the data controller’s obligations to respond to requests for exercising the data subject’s rights laid down in Chapter III GDPR.
This entails that the data processor shall, insofar as this is possible, assist the data controller in the data controller’s compliance with:
- the right to be informed when collecting personal data from the data subject
- the right to be informed when personal data have not been obtained from the data subject
- the right of access by the data subject
- the right to rectification
- the right to erasure (‘the right to be forgotten’)
- the right to restriction of processing
- notification obligation regarding rectification or erasure of personal data or restriction of processing
- the right to data portability
- the right to object
- the right not to be subject to a decision based solely on automated processing, including profiling
- The data controller’s obligation to without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the relevant and competent supervisory authority of the data controller, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons;
- the data controller’s obligation to without undue delay communicate the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons;
- the data controller’s obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a data protection impact assessment);
- the data controller’s obligation to consult the relevant and competent supervisory authority of the data controller prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the data controller to mitigate the risk.
- The parties shall define in Appendix C the appropriate technical and organisational measures by which the data processor is required to assist the data controller as well as the scope and the extent of the assistance required. This applies to the obligations foreseen in Clause 9.1. and 9.2.
- In case of any personal data breach, the data processor shall, without undue delay after having become aware of it, notify the data controller of the personal data breach.
- The nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
- the likely consequences of the personal data breach;
- the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
- On termination of the provision of personal data processing services, the data processor shall be under obligation to delete all personal data processed on behalf of the data controller and certify to the data controller that it has done so, unless Union or Member State law requires storage of the personal data.
- The data processor shall make available to the data controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 and the Clauses and allow for and contribute to audits, including inspections, conducted by the data controller or another auditor mandated by the data controller.
- Procedures applicable to the data controller’s audits, including inspections, of the data processor and sub-processors are specified in appendices C.7. and C.8.
- The data processor shall be required to provide the supervisory authorities, which pursuant to applicable legislation have access to the data controller’s and data processor’s facilities, or representatives acting on behalf of such supervisory authorities, with access to the data processor’s physical facilities on presentation of appropriate identification.
- The parties may agree other clauses concerning the provision of the personal data processing service specifying e.g. liability, as long as they do not contradict directly or indirectly the Clauses or prejudice the fundamental rights or freedoms of the data subject and the protection afforded by the GDPR.
- The Clauses shall become effective on the date of both parties’ signature.
- Both parties shall be entitled to require the Clauses renegotiated if changes to the law or inexpediency of the Clauses should give rise to such renegotiation.
- The Clauses shall apply for the duration of the provision of personal data processing services. For the duration of the provision of personal data processing services, the Clauses cannot be terminated unless other Clauses governing the provision of personal data processing services have been agreed between the parties.
- If the provision of personal data processing services is terminated, and the personal data is deleted or returned to the data controller pursuant to Clause 11.1. and Appendix C.4., the Clauses may be terminated by written notice by either party.
The DPA becomes binding on the Effective Date in accordance with the Terms.
- The parties may contact each other using the following contacts/contact points: See the Terms concerning Account and Notices.
- The parties shall be under obligation continuously to inform each other of changes to contacts/contact points.
A.1. The purpose of the data processor’s processing of personal data on behalf of the data controller is:
The purpose of the processing is to provide cloud based printing services.
Allow that the data controller can use the Printix application software as service, which is owned and administered by Printix.net ApS, to manage a print environment and facilitate printing.
A.3. The processing includes the following types of personal data about data subjects:In order to allow the data controller to manage a print environment and use Printix cloud print service, Printix registers necessary information. This is typically the information you can see either directly or in a processed format in Printix Administrator.
- Printers: Address, Vendor, Model name, Name, MAC address, Serial number, Capabilities, Page counters, Consumables data, and statistics.
- Computers: Address, Hostname, Type (Laptop, Desktop, Server), System (Windows, macOS).
- Networks: Gateway IP and MAC addresses.
- Documents: Name, Number of pages, Color, 2-sided, and where and when it was submitted, printed, and deleted.
- Role (User / System manager)
- Department (Azure AD only, and can be used to post process data for subsequent departmental billing)
- Groups (Only the group membership relevant to Printix functionality is recorded)
Types of personal data: Personally Identifiable Information (PII) in the form of a users’ name, email and document names are stored in the Printix Cloud.
Quantity: The data controller typically sends small quantity of personal data to be processed by the Service. However, it is not possible to definitively preclude larger quantities of personal data of any type to be processed by the Service from time to time.
A.4. Processing includes the following categories of data subject:
Persons/Companies who have bought the products and services from the Data Controller.
A.5. The data processor’s processing of personal data on behalf of the data controller may be performed when the Clauses commence. Processing has the following duration: Processing shall not be time-limited and shall be performed until this Data Processing Agreement is terminated or cancelled by one of the Parties.
Personally Identifiable Information and document deletion procedures:
- Personally Identifiable Information (PII) in the form of a users’ name, email and document names are stored in the Printix Cloud. Here document names are kept as part of job history for 90 days to allow troubleshooting by Printix. In Printix App and Printix Administrator users (and system managers) can only see the document names of their own documents, and only while the document is pending (typically 1 day and maximum 7 days).
- Enabling Cloud storage will for the duration of the pending documents, store the document name and the name of the user as part of the document’s metadata.
- Setup of Analytics with an own Azure SQL database will also populate users’ name and email into this (but not document names).
On commencement of the Clauses, the data controller authorises the engagement of the following sub-processors:
|NAME||Business reg. no.||ADDRESS||DESCRIPTION OF PROCESSING|
|Amazon Web Services, Inc.||EIN 911646860||Ireland||Storage and web server https://aws.amazon.com/|
|Elastic||NO 994812564||Holland||Log management https://www.elastic.co/|
|Azure (Microsoft)||EIN 911144442||Holland||Hosting https://azure.microsoft.com/en-us/|
|Pusher||GB 11918104||United Kingdom||Event Notification Services https://pusher.com/|
|Zendesk||519184||United States||Customer Support https://www.zendesk.com/|
|NAME||Business reg. no.||ADDRESS||DESCRIPTION OF PROCESSING|
|The Rocket Science Group LLC | Mailchimp||EU 372008134||United States||Email Notification Services
The data controller shall on the commencement of the Clauses authorise the use of the abovementioned sub-processors for the processing described for that party. The data processor shall not be entitled – without the data controller’s explicit written authorisation – to engage a sub-processor for a ‘different’ processing than the one which has been agreed upon or have another sub-processor perform the described processing.
See Clause 7.2.
The data processor’s processing of personal data on behalf of the data controller shall be carried out by the data processor performing the following:
Use cloud services to perform print administration and printing tasks for the data controller.
That the processing involves a large volume of personal data which are subject to Article 6 GDPR and a small volume of personal data subject to Article 9 on ‘special categories of personal data’ which is why a ‘high’ level of security should be established.
The data processor shall hereafter be entitled and under obligation to make decisions about the technical and organisational security measures that are to be applied to create the necessary (and agreed) level of data security.
Taking into account the nature, scope, context and purposes of the processing activity as well as the risk for the rights and freedoms of natural persons the data processor shall however – in any event and at a minimum – implement the following measures that have been agreed with the data controller:
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 the DPA. 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 at Printix 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 and awareness 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 center from scratch, in a new location, according to contractual agreements.
The data processor shall insofar as this is possible – within the scope and the extent of the assistance specified below – assist the data controller in accordance with Clause 9.1. and 9.2. by implementing the following technical and organisational measures:
Concerning 9.1: Data subjects rights
- Admin users (System Managers) in the controller’s account may delete any user in the account, also deleting any data stored about them with the processor.
- Admin users (System Managers) in the controller’s account can at any time see a list of all users in the account, and a list of all print related information created in the account.
- The processor can provide more detailed reports on usage activity in the print environment or by individual users, or for the account as a whole, to the controller upon request.
Concerning 9.2: Breach notification, communication to data subject, data protection impact assessment and consultation of data protection impact assessment:
- Printix sends a notification to all customers’ registered as System Manager (unless such has specifically unsubscribed from Printix announcements).
- Printix maintains a parallel list of System Managers in a third-party system, which is used in the event of data breach, should the entire Printix system become unavailable.
- The point of contact and channel for customers to report suspected information security incidents to is email@example.com.
Personal data is stored for 3 months after an “end of service”. Documents are encrypted and stored locally until they expire and/or get deleted. Documents do not leave the network, unless you enable additional functionality or printing via the cloud. Upon termination of the provision of personal data processing services, the data processor shall either delete or return the personal data in accordance with Clause 11.1., unless the data controller – after the signature of the contract – has modified the data controller’s original choice. Such modification shall be documented and kept in writing, including electronically, in connection with the Clauses.
Processing of the personal data under the Clauses cannot be performed at other locations than the following without the data controller’s prior written authorisation:
See sub-processor list.
The data processor can transfer personal data to third countries in connection with using sub-processors using the Standard contractual clauses for data transfers between EU and non-EU countries.
The data processor shall annually at the data processors expense obtain an inspection report from an independent third party concerning the data processor’s compliance with the GDPR, the applicable EU or Member State data protection provisions and the Clauses.
Inspection of the sub-processors must be included in the scope of the inspection report.
The inspection report shall without undue delay be submitted to the data controller for information. The data controller may contest the scope and/or methodology of the report and may in such cases request a new inspection under a revised scope and/or different methodology.
Based on the results of such an inspection, the data controller may request further measures to be taken to ensure compliance with the GDPR, the applicable EU or Member State data protection provisions and the Clauses.
The data controller or the data controller’s representative shall in addition have access to inspect, including physically inspect, the places, where the processing of personal data is carried out by the data processor, including physical facilities used for and related to the processing. Such an inspection shall be performed, when the data controller deems it required.
The data controller’s costs, if applicable, relating to inspection shall be defrayed by the data controller. The data processor shall, however, be under obligation to set aside the resources (mainly time) required for the data controller to be able to perform the inspection.
D.1. Other subjects The terms of the Agreement, including the Terms, apply to other subjects.