Last Updated Jan 25 2019
Processing personal data in a secure, fair, and transparent way is extremely important to us at Long Range Systems (LRS). As part of this effort, we process personal data in accordance with the EU’s General Data Protection Regulation (“GDPR”) and have recently updated this document to comply with the GDOR.
To better protect individuals’ personal data, we are providing these terms to govern LRS’s and your handling of personal data (the “Data Processing Addendum” or “DPA”). This DPA amends and supplements our Terms and Conditions (“T&Cs”) and requires no further action on your part.
It is important that all parties understand what data and whose data is protected under this DPA. Each party has respective obligations to protect personal data; therefore, the following definitions explain the scope of this DPA and the mutual commitments to protect personal data.
For the sake of readability, we do not use initial capitalization of defined terms in this DPA.
Each party agrees that personal data shall be treated as confidential information under this DPA. In addition, each party shall at all times comply with applicable laws relating to data protection in the relevant jurisdiction with respect to each other’s personal data.
Personal data shall remain the property of the disclosing party. LRS acknowledges that customer is the controller and maintains control over data subjects’ personal data.
LRS agrees that:
Upon termination of customer’s account, LRS will delete, destroy, or anonymize the personal data in accordance with our Privacy Statement, normally no later than 60 days, unless we are required to retain personal data due by law, in which case LRS reserves the right to retain personal data.
Customer warrants that it has all necessary rights to provide to LRS the personal data for processing in connection with the provision of the LRS Services.
To the extent required by applicable law, customer is responsible for ensuring that any data subject consents that may be necessary to this processing are obtained, and for ensuring that a record of such consents is maintained, including any consent to use personal data that is obtained from third parties. Should such consent be revoked by a data subject, customer is responsible for communicating the fact of such revocation to LRS and updating the information provided to LRS accordingly.
LRS shall assist the customer by implementing appropriate technical and organizational measures, insofar as this is reasonably and commercially possible (in LRS’s sole determination and discretion), in fulfilling customer’s obligations to respond to individuals’ requests to exercise rights under the GDPR.
The customer consents to LRS engaging sub-processors of the categories identified in LRS’s Privacy Statement to process customer personal data for the permitted purpose of providing products and services, provided that: (a) LRS will maintain an up-to-date list of its sub-processors, which it will update with the details of any change in sub-processors at least 10 days prior to any change; and (b) LRS will impose data protection terms on any sub-processor it engages with as required to protect customer’s personal data to the standard required by the GDPR. Customer may object to LRS’s appointment or replacement, provided such objection is based on reasonable grounds related to data protection. In such event, LRS will either not appoint or replace the sub-processor or, if that is not possible, customer may suspend or terminate the LRS service.
Customer shall have the right to request an independent audit of LRS’s security measures no more than once per calendar year under the following terms:
When either party becomes aware of an incident that impacts the processing of personal data, it shall promptly notify the other about the incident and shall reasonably cooperate in order to enable the other party to perform a thorough investigation into the incident, to formulate a correct response, and to take suitable further steps in respect of the incident.
Both parties shall at all times have in place written procedures which enable them to promptly respond to the other about an incident. Where the incident is reasonably likely to require a data breach notification under applicable laws, the party responsible for the incident shall notify the other no later than 24 hours of having become aware of such an incident.
Any notifications made under this section shall be made to email@example.com (when made to LRS) and to LRS’s point of contact with customer (when made to customer), and shall contain:(i) a description of the nature of the incident, including, where possible, the categories and approximate number of individuals concerned and the categories and approximate number of records concerned; (ii) the name and contact details of the point of contact where more information can be obtained; (iii) a description of the likely consequences of the incident; and (iv) a description of the measures taken or proposed to be taken to address the incident including, where appropriate, measures to mitigate its possible adverse effects.
Each party indemnifies the other and holds them harmless against all claims, actions, third party claims, losses, damages and expenses incurred by the indemnified party and arising directly or indirectly out of or in connection with a breach of this DPA.
This DPA shall come into effect on December 13,2018 and shall continue until it is changed or terminated in accordance with the T&Cs.
Termination or expiration of this DPA shall not discharge the parties from the confidentiality obligations herein.
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