Legal

Privacy Policy & DPA

Preamble

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 services from the data processor, 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 other agreements 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.

3. The rights and obligations of the data controller

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.

4. The data processor acts according to instructions

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.

5. Confidentiality

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.

6. Security of processing

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.

7. Use of sub-processors

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 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. 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.

8. Transfer of data to third countries or international organisations

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 by the data processor in a third country.

9. Assistance to the data controller

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.

In addition to the data processor’s obligation to assist the data controller, the data processor shall furthermore, taking into account the nature of the processing and the information available to the data processor, assist the data controller in ensuring compliance with:

  • 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 competent supervisory authority, 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).

10. Notification of personal data breach

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 data processor’s notification to the data controller shall, if possible, take place within 24 hours after the data processor has become aware of the personal data breach to enable the data controller to comply with the data controller’s obligation to notify the personal data breach to the competent supervisory authority, cf. Article 33 GDPR.

In accordance with Clause 9, the data processor shall assist the data controller in notifying the personal data breach to the competent supervisory authority, meaning that the data processor is required to assist in obtaining the following information which, pursuant to Article 33(3) GDPR, shall be stated in the data controller’s notification to the competent supervisory authority:

  • 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.

11. Erasure and return of data

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.

12. Audit and inspection

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.

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.

13. The parties’ agreement on other terms

The parties may agree to 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.

14. Commencement and termination

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, the Clauses may be terminated by written notice by either party.

Appendix A: Information about the processing

A.1. Purpose

To optimize the website engagements and connection between website, call-centre and other lead-gathering efforts; connecting website behavior with inbound phone calls to the call-centre.

A.2. Nature of the processing

The data processor’s processing of personal data on behalf of the data controller primarily concerns customer interactions on the website experience. The purpose is to understand customer/website visitor behaviour and how it relates to phone calls/leads/actions, in order to better manage which customer interaction provides the best customer experience. Person Identifiable Information (PII) data is generated as a consequence of gathering leads/permissions and forwarding them to customers’ systems. In some instances, the data processor is tasked with connecting this behaviour through several systems owned by the data owner (not data processor). The goal is to further understand/improve the user experience.

A.3. Types of personal data

For Call-Tracking: IP address and phone numbers connected to the data owner’s website and commercial data. For Engagement Engine and Contact- & Form Builder: IP address, phone numbers, email addresses, names or other general data the company would like to gather (following consent) from their customers. In addition, bmetric might be given access to data provided by the customer. These data points are on a case-by-case basis and only after approval of the data owner.

These data points can include, but are not limited to: Subscription details, phone numbers, email addresses, general survey information.

Per browsing session:

  • Unique visitor ID
  • Session start time
  • User agent string (browser and platform type)
  • IP address
  • Cookies and/or third-party visitor IDs required for analytics integrations (depending on campaign setup)

Per pageview:

  • Pageview time
  • URL
  • Referrer URL
  • Source (based on referrer URL)
  • Keyword (based on referrer URL)
  • Page title
  • Adobe Analytics (SiteCatalyst) page name (if available)

Per engagement:

  • Clicks (in the engagement box)
  • Closing (termination of an engagement)
  • Actions (customer data entered by the customer in our fields. This can include, but is not limited to, name, phone number and email address)

Per phone call:

  • Call start, ring and end time
  • A number (caller number)
  • B number (called tracking number)
  • C number (forward/receiving number)
  • Session ID (browsing session connected to the tracking number)

A.4. Categories of data subject

Data owner’s data subjects; primarily website visitors.

A.5. Duration

Default 60 days. Can be adjusted by written instruction of the Data Controller.

Appendix B: Authorised sub-processors

Please refer to our separately attached document outlining sub-processors.

Appendix C: Instruction pertaining to the use of personal data

C.1. Subject of the processing

The data processor’s processing of personal data on behalf of the data controller primarily concerns customer interactions on the website experience. The purpose is to understand customer/website visitor behaviour and how it relates to phone calls/leads/actions, in order to better manage which customer interaction provides the best customer experience. PII data is generated as a consequence of gathering leads/permissions and forwarding them to customers’ systems. In some instances, the data processor is tasked with connecting this behaviour through several systems owned by the data owner (not data processor). The goal is to further understand/improve the user experience.

C.2. Security of processing

The data processor operates with the most basic level of PII-data, that can be considered generally publicly available. Even so, bmetric has implemented a long range of technical and organisational procedures to maintain the highest security standard and avoid data breaches.

We have implemented the following procedures:

  • Access Control Policy
  • Data handling Policy
  • Deletion of PII Policy
  • Information Security Policy
  • Monitoring and Logging Policy
  • Vulnerability Scanning Policy
  • Whistleblower Policy
  • Procedure for Assisting Data Controllers & Public Authorities
  • Procedure for Changing Hosting Provider
  • Procedure for Data Incidents
  • Procedure for Disposal of IT Equipment
  • Procedure for Employee On-boarding
  • Procedure for PII Data Risk Assessments
  • PII Data Risk Assessment
  • Procedure for Using Sub-Processors and Sub-Contractors
  • Procedure for Software Changes and Configuration Management
  • Procedure for managing antivirus for employee devices
  • Procedure for PII Data Risk Assessments for Sub-processors
  • Procedure for IT-security awareness training

C.3. Assistance to the data controller

The data processor shall insofar as this is possible assist the data controller with any question or concern that may arise from the data controller data processing activities. Assistance will be provided and cover at least the following scenarios:

  • Right to be informed: Data subjects have the right to be informed when personal data is collected, whether directly from them or from other sources.
  • Rights to access, rectification, and erasure: Data subjects have the right to access their personal data, request corrections, and ask for their data to be erased (“right to be forgotten”).
  • Rights to restrict processing and data portability: Data subjects can request restrictions on processing and have the right to transfer their data to another service (data portability).

In order to provide the assistance mentioned above, the data processor has established a set of technical and organizational measures such as:

  • Streamlined procedures for data breaches and Data Controllers & Public Authorities requests
  • Logging and monitoring of all the IT systems (both physical and virtual) involved in the data processing
  • Anonymization and deletion mechanisms in each of the data storage systems

C.4. Storage period / erasure procedures

Personal data is stored for 60 days after which the personal data is automatically erased by the data processor. The date range can be adjusted with written instruction from the Data Controller.

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, 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.

C.5. Processing location

Processing of the personal data under the Clauses cannot be performed at other locations than those specified without the data controller’s prior written authorisation. Please refer to our appendix of sub-processors in Appendix B.

C.6. Instruction on the transfer of personal data to third countries

The Data Processor shall not transfer data to third countries.

C.7. Procedures for audits

The data processor shall once a year at the Data Processor’s expense obtain an ISAE-3000 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.