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Data Processing Addendum

Last revised on: May 24, 2018

This Data Protection Addendum (“DPA”) forms part of the Terms of Service (“Agreement”) available at https://planable.io/terms/ or such other locations as the Agreement may be posted from time to time, entered into by and between the Customer and Planable Technologies Limited (“Planable”), pursuant to which Customer has accessed Planable’s Application Services as defined in the applicable Agreement. The purpose of this DPA is to reflect the parties’ agreement with regard to the processing of personal data in accordance with the requirements of Data Protection Legislation as defined below.

This DPA shall not replace or supersede any agreement or addendum relating to processing of personal data negotiated by Customer and referenced in the Agreement, and any such individually negotiated agreement or addendum shall apply instead of this DPA.

In the course of providing the Application Services to Customer pursuant to the Agreement, Planable may process personal data on behalf of Customer. Planable agrees to comply with the following provisions with respect to any personal data submitted by or for Customer to the Application Services or collected and processed by or for Customer through the Application Services.

Data Processing Terms

In this DPA, “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC (as amended by Directive 2009/136/EC) and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them (including the General Data Protection Regulation (Regulation (EU) 2016/279)), and all other applicable laws relating to processing of personal data and privacy that may exist in any relevant jurisdiction.

“data controller”, “data processor”, “data subject”, “personal data”, “processing”, and “appropriate technical and organisational measures” shall be interpreted in accordance with applicable Data Protection Legislation.
The parties agree that Customer is the data controller and that Planable is its data processor in relation to personal data that is processed in the course of providing the Application Services. Customer shall comply at all times with Data Protection Legislation in respect of all personal data it provided to Planable pursuant to the Agreement.

The subject-matter of the data processing covered by this DPA is the Application Services ordered by Customer through Planable’s website. The processing will be carried out until the term of Customer’s ordering of the Application Services ceases. Further details of the data processing are set out in Annex 1 hereto.

In respect of personal data processed in the course of providing the Application Services, Planable:

– shall process the personal data only in accordance with the documented instructions from Customer (as set out in this DPA or the Agreement or as otherwise notified by Customer to Planable (from time to time). If Planable is required to process the personal data for any other purpose provided by applicable law to which it is subject, Planable will inform Customer of such requirement prior to the processing unless that law prohibits this on important grounds of public interest;

– shall notify Customer without undue delay if, in Planable’s opinion, an instruction for the processing of personal data given by Customer infringes applicable Data Protection Legislation;

– shall implement and maintain appropriate technical and organisational measures designed to protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorised or unlawful processing, accidental loss, destruction, damage or theft of the personal data and having regard to the nature of the personal data which is to be protected;

– may hire other companies to provide limited services on its behalf, provided that Planable complies with the provisions of this Clause. Any such subcontractors will be permitted to process personal data only to deliver the services Planable has retained them to provide, and they shall be prohibited from using personal data for any other purpose. Planable remains responsible for its subcontractors’ compliance with the obligations of this DPA. Any subcontractors to whom Planable transfers personal data will have entered into written agreements with Planable requiring that the subcontractor abide by terms substantially similar to this DPA. A list of subcontractors is available to the Customer here. If Customer requires prior notification of any updates to the list of subprocessors, Customer can request such notification in writing by emailing [email protected]. Planable will update the list within thirty (30) days of any such notification if Customer does not legitimately object within that timeframe. Legitimate objections must contain reasonable and documented grounds relating to a subcontractor’s non-compliance with applicable Data Protection Legislation. If, in Planable’s reasonable opinion, such objections are legitimate, the Customer may, by providing written notice to Planable, terminate the Agreement.

– shall ensure that all Planable personnel required to access the personal data are informed of the confidential nature of the personal data and comply with the obligations sets out in this Clause;

– at the Customer’s request and cost (and so far as is possible), shall assist the Customer by implementing appropriate and reasonable technical and organisational measures to assist with the Customer’s obligation to respond to requests from data subjects under Data Protection Legislation (including requests for information relating to the processing, and requests relating to access, rectification, erasure or portability of the personal data) provided that Planable reserves the right to reimbursement from Customer for the reasonable cost of anytime, expenditures or fees incurred in connection with such assistance;

– when the General Data Protection Regulation (Regulation (EU) 2016/279) comes into effect, shall take reasonable steps at the Customer’s request and cost to assist Customer in meeting Customer’s obligations under Article 32 to 36 of that regulation taking into account the nature of the processing under this DPA, provided that Planable reserves the right to reimbursement from Customer for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance;

– at the end of the applicable term of the Application Services, upon Customer’s request, shall securely destroy or return such personal data to Customer;

If Planable becomes aware of any accidental, unauthorised or unlawful destruction, loss, alteration, or disclosure of, or access to the personal data that is processed by Planable in the course of providing the Application Services (an “Incident”) under the Agreement it shall without undue delay notify Customer and provide Customer (as soon as possible) with a description of the Incident as well as periodic updates to information about the Incident, including its impact on Customer Content. Planable shall additionally take action to investigate the Incident and reasonably prevent or mitigate the effects of the Incident;

Planable shall provide information requested by Customer to demonstrate compliance with the obligations set out in this DPA.

Annex 1

Details of the Data Processing

Planable shall process information to provide the Application Services pursuant to the Agreement. Planable shall process information sent by Customer’s end users identified through Customer’s implementation of the Application Services.

Types of Personal Data We Collect Directly:

  • Name Email IP Profile Picture Billing Details Company info

Types of Personal Data We Collect Through Third Parties

  • City Region Country Time zone Browser Browser Version Device Current URL Initial Referrer Initial Referring Domain
  • Operating System Referrer Referring Domain Screen Height Screen Width Search Engine Search Keyword
  • UTM Parameters Last Seen Mixpanel Library Intercom Library