Data Processing Addendum
This Data Processing Addendum ("DPA") applies whenever it is incorporated by reference into the Terms of Service ("Agreement") between you and Formium. Capitalized terms used but not defined in this DPA have the meanings given to them in the Agreement.
1. Purpose and scope
In the course of providing the Offerings to you under the Agreement, Formium will Process Customer Data on your behalf. Customer Data may include Personal Data. This DPA reflects the parties’ agreement relating to the Processing of Customer Data in accordance with the requirements of Data Protection Laws and Regulations. This DPA will control in the event of any conflict with the Agreement.
2.1 "Data Controller" means the entity that determines the purposes and means of Processing of Personal Data.
2.2 "Data Processor" means the entity that Processes Personal Data on behalf of the Data Controller.
2.3 "Data Protection Laws and Regulations" means any applicable data protection laws and regulations applicable to the Processing of Personal Data under the Agreement, including the applicable laws and regulations of the European Union, the European Economic Area and their member states, and Switzerland.
2.4 "Data Subject" means the individual to whom Personal Data relates.
2.5 "Personal Data" means any information relating to an identifiable or identified individual.
2.6 "Processing", "Processes" or "Process" means any operation or set of operations performed upon Personal Data whether or not by automated means, such as collection, recording, organization, storage, adaptation, alteration, retrieval, consultation, use, disclosure, dissemination, erasure, or destruction.
2.7 "Sub-processor" means Formium’s Affiliates or other third-party service providers that Process Customer Data for Formium.
3. Processing of customer data
3.1 Data Processing Roles. As between you and Formium, you are the Data Controller of Customer Data and Formium is the Data Processor. You control the categories of Data Subjects and Personal Data Processed under the Agreement. Formium has no knowledge of, or control over, the Personal Data that you provide for Processing. You are solely responsible for the accuracy, quality, and legality of the Customer Data and the means by which you acquired the Customer Data.
3.2 Data Processing Instructions. This DPA and the Agreement are your complete and final instructions to Formium for the Processing of Customer Data. You and Formium must agree on any additional or alternate instructions. Formium will inform you if, in Formium's opinion, your instructions violate Data Protection Laws and Regulations. Formium will process Customer Data: (1) in accordance with the Agreement (including all documents incorporated in the Agreement), and (2) to comply with other reasonable instructions you provide to Formium (including by email) where your instructions are consistent with the Agreement. Formium will not otherwise disclose Customer Data to third parties unless required to do so by applicable law, in which case Formium will inform you in advance unless Formium is prohibited from doing so. Formium will not Process Customer Data for any other purpose unless you instruct Formium.
4. Rights of data subjects
4.1 Correction, Blocking and Deletion. If you do not have the ability to amend, block, or delete Customer Data as required by Data Protections Laws and Regulations, you can provide written instructions to Formium to act on your behalf. Formium will follow your instructions to the extent they are technically feasible and legally permissible. You will pay Formium’s costs of providing this assistance.
4.2 Data Subject Requests. If permitted, Formium will promptly notify you of any request from a Data Subject for access to, correction, amendment, or deletion of that Data Subject’s Personal Data. Formium will not respond to any Data Subject request without your prior written consent, except to confirm that the request relates to you.
4.3 Cooperation and Assistance. Formium will assist you to address any request, complaint, notice, or communication you receive relating to Formium’s Processing of Customer Data received from (A) a Data Subject whose Personal Data is contained within the Customer Data, or (B) any applicable data protection authority. Formium will also assist you with your reasonable requests for information to confirm compliance with this DPA or to conduct a privacy impact assessment. You will pay Formium’s costs of providing assistance if the assistance exceeds the services provided under the Agreement.
5. Formium personnel
5.1 Confidentiality. Formium informs its personnel engaged in the Processing of Customer Data about the confidential nature of such Customer Data. These personnel receive appropriate training on their responsibilities and are subject to written agreements with confidentiality obligations that survive the termination of their relationship with Formium.
5.2 Limitation of Access. Formium ensures that access to Customer Data is limited to those personnel who require access to Process Customer Data under the Agreement.
6.1 Authorization. You expressly authorize Formium to use Sub-processors to perform specific services on Formium’s behalf to enable Formium to perform its obligations under the Agreement. Formium has agreements with its Sub-processors that contain obligations substantially similar Formium’s obligations under this DPA. Formium is responsible to you for Formium’s Sub-processor’s compliance with the terms of the Agreement.
6.2 Notice and Objection. Formium will notify you of changes to its Sub-processors upon written request. You have a right to reasonably object to Formium’s use of a new Sub-processor by notifying Formium in writing within 10 business days after receipt of Formium’s notice. If you do so, Formium will use reasonable efforts to change the affected Software or Cloud Service, or recommend a commercially reasonable change to your configuration or use of the affected Software or Cloud Service, to avoid Processing of Customer Data by the new Sub-processor. If Formium is unable to make or recommend such a change within a reasonable period of time, not to exceed 60 days, you may terminate your Subscription Term with Formium. You must provide written notice of termination to Formium in accordance with the Agreement. Formium will promptly refund you the fees applicable to the unused portion of the Subscription Term for the terminated offering.
7.1 Controls for the Protection of Customer Data. Formium maintains appropriate administrative, technical and organizational safeguards to protect Customer Data from unauthorized or unlawful Processing, from accidental loss, destruction, or damage. Formium’s obligations are described at https://formium.io/terms
7.2 "Incident" means a security event that compromises the integrity, confidentiality or availability of an information asset. Formium has an incident response plan and team to assess, escalate, and respond to identified physical and cyber security Incidents that impact the organization or customers or result in data loss. Formium reviews and updates this plan annually and as needed throughout the year. The incident response team resolves intrusions and vulnerabilities upon discovery and in accordance with the established procedures.
7.3 "Breach" means an Incident that results in the confirmed disclosure, not just potential exposure, of data to an unauthorized party. If Formium determines that an Incident has led to a Breach, Formium will follow its breach notification process. Incident management and escalation procedures exist to ensure that Formium addresses system issues, problems and security-related events, in a timely manner, and that all Incidents are logged, prioritized, and resolved based on established criteria and severity levels.
7.4 If there is a Breach involving your Customer Data, Formium will (A) notify you within 72 hours of discovery of the breach, (B) reasonably cooperate with you with respect to any such breach, and (C) take appropriate corrective action to mitigate any risks or damages involved with the breach to protect your Customer Data from further compromise. Formium will take any other actions that may be required by applicable law as a result of the Breach.
8. Return and deletion of customer data
Under the Agreement, Formium will provide you an opportunity to retrieve Customer Data at the end of a Subscription Term and will then delete the Customer Data in accordance with the Documentation.
Formium may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Formium primary account holder account or by placing a prominent notice on our site.
If you have any questions about this DPA you can email us at firstname.lastname@example.org.
Last Updated: July 15th, 2020