Data Processing Agreement

Last Updated: August 25, 2023

This Data Processing Agreement ("DPA") is entered into by the customer identified on the respective Admin Tools ordering document for services ("Customer") and the entity of Admin Tools stipulated on the ordering document ("Admin Tools"). This agreement oversees the processing of personal data that the Customer provides to Admin Tools in conjunction with the services and any personal data that Admin Tools provides to the Customer in relation to the services.

Definitions

"Customer Personal Data" refers to Personal Data that the Customer provides to Admin Tools in relation to its use of Admin Tools' services or for which the Customer acts as a data controller.

"CCPA" stands for the California Consumer Privacy Act of 2018.

"Data Controller" or "Company" is synonymous with the Customer.

"Data Processor" or "Service Provider" refers to Admin Tools.

"Data Protection Requirements" encompass the Directive, the General Data Protection Regulation, the CCPA, Local Data Protection Laws, and all Privacy Laws.

"Directive" signifies the EU Data Protection Directive 95/46/EC.

"EU Personal Data" represents Personal Data regulated by the Directive, the General Data Protection Regulation, and Local Data Protection Laws.

"GDPR" stands for the General Data Protection Regulation of the European Union.

"Personal Data" means any data about an individual that can be used for identification. This encompasses data that the Customer chooses to share with Admin Tools from services like applicant tracking systems or customer relationship management services.

"Personal Data Breach" denotes any unauthorized or illegal access, loss, alteration, disclosure, or destruction of Customer Personal Data.

"Privacy Laws" refer to all laws related to privacy, data security, consumer protection, and more.

"Process" means any set of operations performed on Personal Data.

"Subprocessor" is any entity which provides processing services to Admin Tools on behalf of the Customer.

"Supervisory Authority" is any independent public authority established by an EU member state as per Article 51 of the GDPR. the GDPR.

Nature of Data Processing

Admin Tools commits to processing Personal Data from the Customer based solely on the Customer's instructions. The Customer, acting as the Controller of Personal Data, delineates the purpose of processing for this DPA.

Compliance with Laws

Both parties shall adhere to their respective obligations as mandated by all applicable Data Protection Requirements.

Customer Obligations

The Customer agrees to:

  1. Provide clear instructions to Admin Tools regarding the processing of Customer Personal Data.
  2. Ensure that data processed is lawfully collected and is pertinent to its intended use.

Admin Tools Obligations

Admin Tools commits to:

  1. Processing Customer Personal Data only for the provision, enhancement, and support of its services, using secure and appropriate technical measures.
  2. Informing the Customer promptly if a processing instruction violates any Data Protection Requirements.
  3. Ensuring the confidentiality of the Customer Personal Data and only processing such data in compliance with applicable laws.
  4. Notifying the Customer promptly in the event of any Personal Data Breach.

Audit and Certification

Admin Tools shall cooperate with any audits required by a Supervisory Authority to verify the Customer's compliance with Data Protection Requirements.

Data Transfers

For EU Personal Data transfers to jurisdictions outside of the EU, EEA, or European Commission-approved countries, Admin Tools commits to ensuring adequate levels of data protection.

Data Return and Deletion

Upon the termination of data processing services or at the Customer's request, Admin Tools shall either return all Customer Personal Data or securely destroy them, unless legal obligations dictate otherwise.

Third-Party Data Processors

The Customer acknowledges that for some services, Admin Tools may transfer Customer Personal Data to third-party data processors.

Term

This DPA will remain in effect as long as Admin Tools processes Personal Data on the Customer's behalf or until the associated Admin Tools Contract ends.

Governing Law, Jurisdiction, and Venue

Any rights and obligations not explicitly provided in this DPA will be governed by the prevailing legislation of New York. Disputes arising from this DPA shall be resolved in New York courts.

All rights reserved | 2023