dpa

dpa

DATA PROCESSING ADDENDUM

This Data Processing Addendum («DPA») forms part of the Terms of Service agreement («Agreement») between Icunox Inc. («Icunox» or «Processor») and users of Icunox’s websites and services («you» or the «Controller»).

  1. Definitions
    «Personal Data», «Processing», «Controller», «Processor» and «Data Subject» shall have the meanings given in the General Data Protection Regulation (EU) 2016/679 («GDPR»).
  2. Processing of Personal Data
    2.1 Roles of the Parties. The parties acknowledge and agree that with regard to the Processing of Personal Data, you are the Controller and Icunox is the Processor.

2.2 Your Processing of Personal Data. You shall, in your use of the services, Process Personal Data in accordance with the requirements of the GDPR. You are solely responsible for the accuracy, quality, and legality of the Personal Data Processed by Icunox on your behalf.

2.3 Icunox’s Processing of Personal Data. Icunox shall Process Personal Data only on documented instructions from you, including with regard to transfers of Personal Data to a third country, unless required to do so by European Union or Member State law. In such a case, Icunox shall inform you of that legal requirement before Processing, unless that law prohibits such information.

2.4 Details of Processing. The subject-matter, duration, nature and purpose of the Processing, as well as the types of Personal Data Processed and categories of Data Subjects, are described in Annex A.

  1. Rights of Data Subjects
    Icunox shall assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising Data Subjects’ rights as set out in Chapter III of the GDPR.
  2. Personnel
    Icunox shall ensure that its personnel engaged in Processing Personal Data have committed themselves to confidentiality.
  3. Security
    5.1 Icunox shall implement appropriate technical and organizational measures to ensure a level of security for the Personal Data appropriate to the risks presented by the Processing. Such measures shall include as appropriate: (a) pseudonymization and encryption; (b) measures to ensure confidentiality, integrity, availability and resilience of systems and services; (c) measures to ensure the ability to restore availability and access in a timely manner; and (d) a process for regularly testing effectiveness.

5.2 Icunox shall notify you without undue delay upon becoming aware of a Personal Data breach affecting your Personal Data.

  1. Personal Data Breach
    In the event of a Personal Data breach affecting your Personal Data, Icunox shall: (a) promptly and thoroughly investigate the breach; (b) take all reasonable steps to mitigate potential risks; (c) provide you with all relevant information relating to the breach without undue delay; and (d) reasonably assist and cooperate with you in any notifications you make to supervisory authorities and affected Data Subjects.
  2. Data Protection Impact Assessment and Consultation
    Upon request, Icunox shall provide all reasonable assistance to you to allow you to comply with your obligations under Articles 35 and 36 of the GDPR, including by providing all necessary information about Icunox’s data processing activities.
  3. Deletion or Return of Personal Data
    On termination of this Agreement, Icunox shall delete or return all Personal Data to you and delete all existing copies from its systems, unless European Union or Member State law requires storage of the Personal Data.
  4. Audit
    Icunox shall make available to you all information reasonably necessary to demonstrate compliance with its obligations under this DPA, and allow for and contribute to audits by you or your mandated auditor.

ANNEX A
Details of Processing

Subject Matter: The Processing of Personal Data by Icunox for the provision of websites, software, and services to you.

Duration: For the term of the Agreement.

Nature and Purpose: The collection, recording,

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