This Data Processing Addendum ("Addendum") forms part of the Terms of Service or other agreement between DNA SAAS LABS, LLC (t/a TrustNinja) ("Processor") and the entity agreeing to these terms ("Client" or "Controller") (together, the "Parties").
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DEFINITIONS
- "Data Protection Laws" means all laws applicable to the processing of Personal Data, including EU GDPR, UK GDPR, and CCPA/CPRA.
- "Personal Data" means any information relating to an identified or identifiable natural person processed by Processor on behalf of Client.
- "Sub-processor" means any third party appointed by Processor to process Personal Data.
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SCOPE AND ROLE OF PARTIES
- Roles: Client is the Controller and TrustNinja is the Processor. In a white-label context, Client remains the Controller regarding its own customers' data.
- Instructions: Processor shall process Personal Data only on written instructions from Client for the purpose of providing feedback collection and rating services.
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DATA PROTECTION OBLIGATIONS
- Confidentiality: Processor ensures personnel have committed themselves to confidentiality.
- Security: Processor shall implement appropriate technical and organizational measures (Annex II).
- Data Subject Rights: Processor shall assist Client in fulfilling obligations to respond to individuals exercising their rights.
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SUB-PROCESSORS
- Authorization: Client grants a general authorization to Processor to engage Sub-processors (Annex III).
- Notification: Processor shall notify Client of any intended changes concerning Sub-processors via website or email.
- Liability: Processor remains fully liable for the performance of the Sub-processor's obligations.
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INTERNATIONAL TRANSFERS
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If Processor transfers Personal Data from the EEA or UK to a country without adequate protection, the Parties agree that the EU SCCs and/or the UK International Data Transfer Addendum are hereby incorporated by reference.
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BREACH NOTIFICATION
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Processor shall notify Client without undue delay (and in any event within 48 hours) after becoming aware of a Personal Data Breach.
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DELETION OR RETURN OF DATA
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Upon termination of the Services, Processor shall, at the choice of Client, delete or return all Personal Data, unless applicable law requires continued storage.
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CALIFORNIA SPECIFIC TERMS (CCPA/CPRA)
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Processor shall not sell Personal Data; nor retain, use, or disclose Personal Data for any purpose other than the specific business purpose of providing the Services.
ANNEX I: DETAILS OF PROCESSING
- Subject Matter: Feedback collection, rating software, and dashboard management services.
- Duration: Term of Agreement plus period until all data is deleted.
- Categories of Data Subjects: Client's customers and Client's employees/staff members.
- Categories of Personal Data: Names, Email addresses, feedback ratings, technical data (IP, device info), and profile photos.
ANNEX II: TECHNICAL AND ORGANIZATIONAL MEASURES
- Encryption: Data encrypted at rest and in transit (SSL/TLS).
- Access Control: "Need-to-know" access; use of multi-factor authentication (MFA).
- Availability: Industry-standard backup and disaster recovery protocols.
- Vulnerability Management: Regular software updates and security patching.
ANNEX III: APPROVED SUB-PROCESSORS
- Google Cloud/APIs: Authentication & Data Import (USA/Global)
- Microsoft Azure: Authentication & Data Import (USA/Global)
- Stripe: Payment Processing (USA)
- Mandrill/Mailchimp: Email Delivery (USA)
- Outscraper: Review Aggregation (Global)
- Tawk.to: Customer Support Chat (USA)