Data Processing Agreement

This Data Processing Agreement (“DPA”) forms part of the Terms of Use (or other similarly titled written or electronic agreement addressing the same subject matter) (“Agreement”) between Customer (as defined in the Agreement) and Supplied Technologies under which the Processor provides the Controller with the software and services (the “Services”). The Controller and the Processor are individually referred to as a “Party” and collectively as the “Parties”.

The Parties seek to implement this DPA to comply with the requirements of EU GDPR (defined hereunder) in relation to Processor’s processing of Personal Data (as defined under the EU GDPR) as part of its obligations under the Agreement.

This DPA shall apply to Processor’s processing of Personal Data, provided by the Controller as part of Processor’s obligations under the Agreement.

Except as modified below, the terms of the Agreement shall remain in full force and effect.

Definitions

Terms not otherwise defined herein shall have the meaning given to them in the EU GDPR or the Agreement. The following terms shall have the corresponding meanings assigned to them below:

• "Data Transfer" means a transfer of the Personal Data from the Controller to the Processor, or between two establishments of the Processor, or with a Sub-processor by the Processor.
• “EU GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
• “Standard Contractual Clauses” means the contractual clauses attached hereto as Schedule 1 pursuant to the European Commission’s Implementing Decision (EU) 2021/914 of 4 June 2021 on Standard Contractual Clauses for the transfer of Personal Data to processors established in third countries which do not ensure an adequate level of data protection.
• “Controller” means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
• “Processor” means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
• “Sub-processor” means a processor/sub-contractor appointed by the Processor for the provision of all or parts of the Services and Processes the Personal Data as provided by the Controller.

Purpose of this Agreement

This DPA sets out various obligations of the Processor in relation to the Processing of Personal Data and shall be limited to the Processor’s obligations under the Agreement. If there is a conflict between the provisions of the Agreement and this DPA, the provisions of this DPA shall prevail.

Categories of Personal Data and Data Subjects

The Controller authorizes permission to the Processor to process the Personal Data to the extent of which is determined and regulated by the Controller. The current nature of the Personal Data is specified in Annex I to Schedule 1 to this DPA.

Purpose of Processing

The objective of Processing of Personal Data by the Processor shall be limited to the Processor’s provision of the Services to the Controller and or its Client, pursuant to the Agreement.

Duration of Processing

The Processor will Process Personal Data for the duration of the Agreement, unless otherwise agreed upon in writing by the Controller.

Data Controller’s Obligations

The Data Controller shall warrant that it has all necessary rights to provide the Personal Data to the Data Processor for the Processing to be performed in relation to the agreed services. To the extent required by Data Privacy Laws, Data Controller is responsible for ensuring that it provides such Personal Data to Data Processor based on an appropriate legal basis allowing lawful processing activities, including any necessary Data Subject consents to this Processing are obtained, and for ensuring that a record of such consents is maintained. Should such consent be revoked by the Data Subject, the Data Controller is responsible for communicating the fact of such revocation to the Data Processor.

The Data Controller shall provide all natural persons from whom it collects Personal Data with the relevant privacy notice.

The Data Controller shall request the Data Processor to purge Personal Data when required by the Data Controller or any Data Subject whom it collects Personal Data unless the Data Processor is otherwise required to retain the Personal Data by applicable law.

The Data Controller shall immediately advise the Data Processor in writing if it receives or learns of any:

• Complaint or allegation indicating a violation of Data Privacy Laws regarding Personal Data;
• Request from one or more individuals seeking to access, correct, or delete Personal Data;
• Inquiry or complaint from one or more individuals relating to the collection, processing, use, or transfer of Personal Data; and
• Any regulatory request, search warrant, or other legal, regulatory, administrative, or governmental process seeking Personal Data.

Data Processor’s Obligations

The Processor will follow written and documented instructions received, including email, from the Controller, its affiliate, agents, or personnel, with respect to the Processing of Personal Data (each, an “Instruction”).

The Processing described in the Agreement and the relating documentation shall be considered as Instruction from the Controller.

At the Data Controller’s request, the Data Processor will provide reasonable assistance to the Data Controller in responding to/ complying with requests/ directions by Data Subject in exercising their rights or of the applicable regulatory authorities regarding Data Processor’s Processing of Personal Data.

In relation to the Personal Data, Data Processor shall obtain consent (where necessary) and/or provide notice to the Data Subject in accordance with Data Protection Laws to enable shared Personal Data to be provided to, and used by, the other Party as contemplated by this Agreement.

Where shared Personal Data is transferred outside the Data Processor’s territorial boundaries, the transferor shall ensure that the recipient of such data is under contractual obligations to protect such Personal Data to the same or higher standards as those imposed under this Addendum and the Data Protection Laws.

Data Secrecy

To Process the Personal Data, the Processor will use personnel who are:

• Informed of the confidential nature of the Personal Data, and
• Perform the Services in accordance with the Agreement.

The Processor will regularly train individuals having access to Personal Data in data security and data privacy in accordance with accepted industry practice and shall ensure that all the Personal Data is kept strictly confidential.

The Processor will maintain appropriate technical and organizational measures for protection of the security, confidentiality, and integrity of the Personal Data as per the specifications as per the standards mutually agreed in writing by the Parties.

Audit Rights

Upon Controller’s reasonable request, the Processor will make available to the Controller, information as is reasonably necessary to demonstrate Processor’s compliance with its obligations under the EU GDPR or other applicable laws in respect of its Processing of the Personal Data.

When the Controller wishes to conduct the audit (by itself or through a representative) at Processor’s site, it shall provide at least fifteen (15) days’ prior written notice to the Processor; the Processor will provide reasonable cooperation and assistance in relation to audits, including inspections, conducted by the Controller or its representative.

The Controller shall bear the expense of such an audit.

Mechanism of Data Transfers

Any Data Transfer for the purpose of Processing by the Processor in a country outside the European Economic Area (the “EEA”) shall only take place in compliance as detailed in Schedule 1 to the DPA. Where such model clauses have not been executed at the same time as this DPA, the Processor shall not unduly withhold the execution of such template model clauses, where the transfer of Personal Data outside of the EEA is required for the performance of the Agreement.

Sub-processors

The Controller acknowledges and agrees that the Processor, may engage a third-party Sub-processor(s) in connection with the performance of the Services, provided such Sub-processor(s) take technical and organizational measures to ensure confidentiality of Personal Data shared with them; The current Sub-processors engaged by the Processors and approved by the Controller are listed in Annex III of Schedule 1 hereto. In accordance with Article 28(4) of the GDPR, the Processor shall remain liable to Controller for any failure on behalf of a Sub-processor to fulfil its data protection obligations under the DPA in connection with the performance of the Services.

If the Controller has a concern that the Sub-processor(s) Processing of Personal Data is reasonably likely to cause the Controller to breach its data protection obligations under the GDPR, the Controller may object to Processor’s use of such Sub-processor and the Processor and Controller shall confer in good faith to address such concern.

Personal Data Breach Notification

The Processor shall maintain defined procedures in case of a Personal Data Breach (as defined under the GDPR) and shall without undue delay notify Controller if it becomes aware of any Personal Data Breach unless such Data Breach is unlikely to result in a risk to the rights and freedoms of natural persons.

The Processor shall provide the Controller with all reasonable assistance to comply with the notification of Personal Data Breach to Supervisory Authority and/or the Data Subject, to identify the cause of such Data Breach and take such commercially reasonable steps as reasonably required to mitigate and remedy such Data Breach.

No Acknowledgement of Fault by Processor. Processor’s notification of or response to a Personal Data Breach under this DPA will not be construed as an acknowledgement by Processor of any fault or liability with respect to the data incident.

Return and Deletion of Personal Data

The Processor shall at least thirty (30) days from the end of the Agreement or cessation of the Processor’s Services under the Agreement, whichever occurs earlier, shall return to the Controller all the Personal Data, or if the Controller so instructs, the Processor shall have the Personal Data deleted. The Processor shall return such Personal Data in a commonly used format or in the current format in which it was stored at discretion of the Controller, soon as reasonably practicable following receipt of Controller’s notification.

In any case, the Processor shall delete Personal Data including all the copies of it as soon as reasonably practicable following the end of the Agreement.

This policy applies to the data owned and operated by Supplied Technologies in cloud as the case may be. To ensure efficient management of data and compliance with legal and regulatory obligations, Supplied implements the above data retention and disposal process for critical data. Customer-collected data is stored in the database until the customer is active. Once a customer is offboarded, data will be retained for five weeks in active storage. The data is archived for a year in cross-region backup managed by the cloud and is deleted at the end of this period securely to prevent unauthorized access or recovery of the data.

Technical and Organizational Measures

Having regard to the state of technological development and the cost of implementing any measures, the Processor will take appropriate technical and organizational measures against the unauthorized or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to:(a) the harm that might result from unauthorized or unlawful processing or accidental loss, destruction or damage; and (b) the nature of the data to be protected [including the measures stated in Annex II of Schedule 1].

Miscellaneous

The Addendum considers the following and follows:

• Privacy by Design and default
• Achieving security of Processing
• Notification of breaches involving Customer Personal Data to the relevant Supervisory Authority
• Notification of breaches involving Customer Personal Data to Customer
• Conducting Privacy Impact Assessment where appropriate and required by applicable Data Protection Law
• Assurance of Supplied Technologies assistance by if prior consultations with relevant Supervisory Authorities are needed and required by applicable Data Protection Laws.

Supplied Technologies shall comply with all statutory and regulatory requirements, ISO 27001 and EU GDPR.

In the event a Data Subject wishes to exercise its data subject rights under applicable Data Protection Law, including, but not limited to, a data subject’s right of access, correction and/or erasure of its Personal Data in Supplied Technologies control, the Data Subjects can submit such request done by contacting Supplied Technologies Data Protection Officer (DPO) below. Also, for raising concerns and/or any complaints related to the Customer Personal Data that can be done by contacting the Data Protection Officer below:

Name: Johann Rozario
Email ID: support@supplied.eu

There are no Temporary files generated during processing.

SCHEDULE 1

ANNEX I

A. LIST OF PARTIES

Data exporter(s):
Name: Customer (As set forth in the relevant Order Form).
Address: As set forth in the relevant Order Form.
Contact person’s name, position, and contact details: As set forth in the relevant Order Form.
Activities relevant to the data transferred under these Clauses: Recipient of the Services provided by Supplied Technologies in accordance with the Agreement.
Signature and date: Signature and date are set out in the Agreement.
Role (Controller/Processor): Controller

Data importer(s):
Name: Supplied Technologies
Address: Assendorperdijk 1, 8012 EG Zwolle
Contact: Johann Rozario, CEO, +31686630404
Activities relevant to the data transferred under these Clauses: Provision of the Services to the Customer in accordance with the Agreement.
Signature and date: Signature and date are set out in the Agreement.
Role (Controller/Processor): Processor

B. DESCRIPTION OF TRANSFER

Categories of data subjects whose personal data is transferred
Customer’s authorized users of the Services.

Categories of personal data transferred
Name, Address, Date of Birth, Age, Email, Image, Language, Phone, User ID, Username.

Sensitive data transferred (if applicable) and applied restrictions or safeguards
No sensitive data collected.

The frequency of the transfer
Continuous basis.

Nature of the processing
The provision of services to the Customer. In order to provide the verification and transformation services data back to the customer, Supplied receives identifying Customer’s customer personal or business data to query, enrich and cleanse in the format required by the customer and their stakeholders.

Purpose of the transfer
To perform the Services as described in the Agreement and accompanying order forms.

Data retention period
As specified in the Agreement, Addendum, and accompanying order forms.

For transfers to (sub-) processors
Subject matter, nature, and duration of processing are as described in the Agreement, Addendum, and accompanying order forms.

C. COMPETENT SUPERVISORY AUTHORITY

Data exporter is established in an EEA country.
The competent supervisory authority is as determined by application of Clause 13 of the EU SCCs.

ANNEX II

TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA

Description of the technical and organisational security measures implemented by Supplied Technologies as the data processor/data importer to ensure an appropriate level of security, taking into account the nature, scope, context, and purpose of the processing, and the risks for the rights and freedoms of natural persons.

Security

Security Management System
Supplied Technologies designates qualified security personnel whose responsibilities include development, implementation, and ongoing maintenance of the Information Security Program.

Policies
Management reviews and supports all security related policies to ensure the security, availability, integrity and confidentiality of Customer Personal Data. These policies are updated at least once annually.

Assessments
Supplied Technologies engages a reputable independent third-party to perform risk assessments of all systems containing Customer Personal Data at least once annually.

Risk Treatment
Supplied Technologies maintains a formal and effective risk treatment program that includes penetration testing, vulnerability management and patch management to identify and protect against potential threats to the security, integrity or confidentiality of Customer Personal Data.

Vendor Management
Supplied Technologies maintains an effective vendor management program.

Incident Management
Supplied Technologies reviews security incidents regularly, including effective determination of root cause and corrective action.

Standards
Supplied Technologies operates an information security management system that complies with the requirements of ISO/IEC 27001:2022 standard.

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ANNEX III

List of Sub-processors

The Controller has authorized the use of the following sub-processors: