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Data Processor

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Data Processor

DATA PROCESSING EEA/UK GDPR ADDENDUM

PART A

In this Data Processing Addendum, the following terms are defined:

Controller: A natural or legal person, public authority, agency, or any other body determining the purposes and means of Personal Data processing.
Controller-Controller: The model clauses for the transfer of personal data to Controllers in third countries, as per the European Commission’s Decision of 27 December 2004.
Controller-Processor: The model clauses for the transfer of personal data to Processors in third countries, as per the European Commission’s Decision of 5 February 2010.
Europe: Refers to the European Economic Area (EEA) and the UK.
European Data Protection Legislation: Encompasses GDPR, applicable national/federal or state/provincial legislation implementing GDPR, GDPR as incorporated into UK law, and other relevant data protection or privacy legislation in the EEA or the UK.
GDPR: The General Data Protection Regulation of the European Union (Regulation 2016/679 of 27 April 2016).
Processor: A natural or legal person, public authority, agency, or any other body processing data on behalf of a Controller.

PART B: EEA/UK CONTROLLER TO PROCESSOR

Scope: Applies when BestCRMsoftware.com operates in the EEA or the UK or processes data related to Data Subjects in Europe.
Obligations:

BestCRMsoftware.com processes data on behalf of the Controller and follows documented instructions.
Implements security measures to protect processed data against Security Incidents.
Does not subcontract obligations without the Controller’s authorization.
Assists the Controller in fulfilling obligations related to Data Subject rights.
Notifies the Controller promptly in case of a Security Incident and provides necessary details.
Assists the Controller with data protection impact assessments and supervisory authority consultations.
Makes information available for demonstrating compliance with data protection laws and allows audits.

PART C: EEA/UK PROCESSOR TO CONTROLLER

Scope: Applies when either the affiliate or BestCRMsoftware.com is in the EEA or the UK, and BestCRMsoftware.com is a Controller.
Responsibilities:

Both parties comply with European Data Protection Legislation.
If BestCRMsoftware.com appoints a third party for data processing, it ensures compliance.
If BestCRMsoftware.com is in a territory without adequate protection, Controller-to-Controller Clauses are incorporated

PART D: EEA/UK SUPPLEMENTARY PROVISIONS

Scope: Applies whenever Part B or Part C is in effect.
In case of non-compliance due to circumstances beyond control, parties work together in good faith to resolve.
If an Authority requests access to Personal Data, BestCRMsoftware.com notifies the affiliate and informs the Authority of the Controller’s status.
BestCRMsoftware.com challenges legal prohibitions preventing disclosure.
BestCRMsoftware.com discloses Personal Data to an Authority only as legally required and notifies the affiliate promptly.
Exceptions apply in cases of imminent risk of serious harm.

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