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Addressing GDPR Article 28 and Incorporating Standard Contractual Clauses for Controller to Processor Transfers of Personal Data from the EEA to a Third Country and Sub-Processing carried out in terms of Article 24(4).
Last updated on 15 May 2018
This Agreement was created on 15 May 2018. For the latest version please click here.
Addressing GDPR Article 28 and Incorporating Standard Contractual Clauses for Controller to Processor Transfers of Personal Data from the EEA to a Third Country and Sub-Processing carried out in terms of Article 28(4).
This Data Protection Addendum (DPA or "Addendum") forms part of the BulkSMS Standard Terms and Conditions (the "Standard Terms and Conditions") to be entered into between BulkSMS and its clients (the "Client") acting on its own behalf and as agent for each Client Affiliate, with effect from the date set out above or 25 May 2018, whichever is the latest.
The terms used in this Addendum shall have the meanings set forth below. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Standard Terms and Conditions. Except as modified below, the terms of the Standard Terms and Conditions shall remain in full force and effect.
In consideration of the mutual obligations set out herein, BulkSMS and the Client hereby agree that the terms and conditions set out below shall be added as an Addendum to the Standard Terms and Conditions. Except where the context requires otherwise, references in this Addendum to the Standard Terms and Conditions are to the Standard Terms and Conditions as amended by, and including, this Addendum.
This Annexure 1 includes certain details of the Processing of Client Personal Data as required by Article 28(3) GDPR.
Subject matter and duration of the Processing of Client Personal Data
The subject matter and duration of the Processing of the Client Personal Data are set out in the Standard Terms and Conditions and this Addendum.
The nature and purpose of the Processing of Client Personal Data
The provision and support of Application-to-Person (A2P) SMS messaging services.
The types of Client Personal Data to be Processed
• Contact information (email, telephone number, mobile phone number, address, company)
• First and last name
• Account information (user id, username, password)
• Connection data (IP address)
• Message data (message recipient personal data processed on behalf of the client, identified by mobile phone number, and including recipient contact information in the message body)
The categories of Data Subject to whom the Client Personal Data relates
• Message Recipients
The obligations and rights of Client and Client Affiliates
he obligations and rights of Client and Client Affiliates are set out in the Standard Terms and Conditions and this Addendum.
The Data Exporter (the Client) has entered into a Data Processing Addendum (“DPA”) with the Data Importer (BulkSMS as the data processor).
Pursuant to the terms of the DPA, it is contemplated that services provided by the data importer will involve the transfer of personal data to data importer. Data importer is located in a country not ensuring an adequate level of data protection. To ensure compliance with Directive 95/46/EC and applicable data protection law, the controller agrees to the provision of such Services, including the processing of personal data incidental thereto, subject to the data importer’s execution of, and compliance with, the terms of these Clauses.
As such, the parties have agreed on the following Standard Contractual Clauses (the Clauses), available here, in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1 of the Standard Contractual Clauses.
Click here to request the Standard Contractual Clauses for your signature and records, if required.
The Client may provide BulkSMS with a list of mandated auditors or the name of a mandated auditor at the time of agreeing to these terms, or at a subsequent date.
These details are to be sent to firstname.lastname@example.org.
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