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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 20 August 2018
This Agreement was updated on 20 August 2018. For previous versions click here.
Click here to download the Data Protection Addendum (PDF) for your signature and records, if required.
This Data Protection Addendum (DPA or "Addendum") applies to the processing of Personal Data governed by the EU General Data Protection Regulation 2016/679 and, where so applicable, shall form 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 Personal Data as required by Article 28(3) GDPR.
The subject matter and duration of the Processing of the Personal Data are set out in the Standard Terms and Conditions and this Addendum.
The provision and support of Application-to-Person (A2P) SMS messaging services.
• Contact information (email, telephone number, mobile phone number, address, company) • First and last name • Title • 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)
• Client • Message Recipients
The 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), as the data exporting organisation, has entered into a Data Protection Addendum (“DPA”) with the Data Importer (BulkSMS as the data processor), as the data importing organisation, each a “party”; together “the parties”.
The parties HAVE AGREED on the following Contractual Clauses (the Clauses) 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.
The data exporter has entered into a data processing addendum (“DPA”) with the data importer. 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.
For the purposes of the Clauses:
The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.
The data exporter agrees and warrants:
The data importer agrees and warrants:
The Clauses shall be governed by the law of the Member State in which the data exporter is established.
The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.
This Appendix forms part of the Clauses and is agreed to by the parties. The Member States may complete or specify, according to their national procedures, any additional necessary information to be contained in this Appendix.
Data exporter The data exporter is: the “Client” as set out in Data Protection Addendum, also referred to as the “User” of the services, as defined in the BulkSMS Terms and Conditions.
Data importer The data importer is: Celerity Systems (Pty) Ltd trading as BulkSMS.com.
Data subjects The personal data transferred concern the following categories of data subjects:
Categories of dataThe personal data transferred concern the following categories of data:
Special categories of data (if appropriate)The personal data transferred concern the following special categories of data:
Processing operationsThe personal data transferred will be subject to the following basic processing activities:
This Appendix forms part of the Clauses and is agreed to by the parties.
Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c):
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 privacy@bulksms.com.
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