Data Processing Agreement
Last update: August 14, 2019
This website is provided and owned by vrisch multimediaproduction GmbH (hereinafter referred to as “vrisch”), an Austrian company with registered address at Hainburger Straße 17/12, 1030 Vienna, company registered at the court Handelsgericht Wien with the commercial register nr.: FN 508006v.
vrisch may update this Data Processing Agreement at any time, without notification to you, and you should review this Data Processing Agreement from time to time by accessing the Site. Your continued use of the Site shall be deemed irrevocable acceptance of any such revisions.
1. Scope and subject matter of the agreement
In this agreement:
a. « Services » means the services provided to the Customer under the TOS ;
b. « Personal data » means any information relating to an identified or identifiable natural person (‘data subject’);
c. « Customer », « controller » or « you » 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;
d. « Processor », « vrisch » or « we » means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
e. « Process/processing » means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction ;
f. « Sub-processor » or « Sub-contractor » means a third party subcontractor engaged by the processor which, as part of the subcontractor’s role of delivering the Services, Processes Personal Data of the Customer ;
g. « Technical and organisational security measures » means those measures aimed to ensure a level of security appropriate to the risk including inter alia the pseudonymisation and encryption of personal data, the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services, the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident, a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
h. “Data Protection Laws” means all laws and regulations, including laws and regulations of the European Union, the European Economic Area, and their Member states, applicable to the Processing of Personal Data under the Agreement.
3. Application of this agreement
This agreement shall apply to:
a. all Data sent from the date of this agreement by the Customer to vrisch for Processing;
b. all Data accessed by the vrisch on the authority of the Customer for Processing from the date of this agreement; and
c. all Data otherwise received by vrisch for Processing on the Customer’s behalf;
in relation to the Services.
4. Categories of Personal Data and purpose of the Personal Data Processing
In order to execute the Agreement, and in particular to perform the Services on behalf of Customer, Customer authorizes and requests that vrisch process the following Personal Data: Customer Information: information that we may collect from your use of the vrisch web sites and your interactions with us offline such as :
Contact information: name, home address, telephone or mobile number, email address, and passwords.
Services Data: data that resides on vrisch, customer or third-party systems to which vrisch has provided access to perform services.
Data stored and processed by users, such as geographical location and the history of operations performed by users.
Log File Information: Three types of logs are saved by vrisch’s system: Connection logs which are essentially logs from each request to each application. These connection logs may include information such as the web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed and other such information. The second type of logs is analytics, which is produced by each application of our customers. vrisch does not have control over the content of these logs. The control of application logs as Personal Data remains with the Customer. Timeline event logs which are a record of alerts and notifications that can help vrisch to identify and diagnose the source of current system problems and help predict future problems.
Categories of Data Subjects: Data subjects include Customer’s representatives and end-users, such as employees, job applicants, contractors, collaborators, partners, and customers of the Customer. Data subjects also may include individuals attempting to communicate or transfer Personal Data to users of the Services.
5. Responsibility of vrisch
vrisch shall Process Personal Data solely for the provision of the Services, and agrees to:
(a) Process and use Personal Data for the purposes set forth in this Agreement or only on documented instructions from the Customer and for no other purpose except with the express prior written consent of the Customer, or
(b) Not divulge Data to third parties except to those of its employees, agents and subcontractors who are engaged in the Processing of the Data and are subject to the binding obligations or except as may be required by any law or regulation;
(c) Implement appropriate technical and organizational measures to safeguard the Data from unauthorized or unlawful Processing or accidental loss, destruction or damage, and that having regard to the state of technological development and the cost of implementing any measures, such measures shall ensure a level of security appropriate to the harm that might result from unauthorized or unlawful processing or accidental loss, destruction or damage and to the nature of the Data to be protected;
(d) Inform the Customer as soon as possible in the event of the exercise by Data Subjects of any of their rights under the data protection laws in relation to the Data, and, if necessary, assists the Customer in complying with the obligation to respond to those requests in consideration of the undertakings provided in article 7 ;
(e) Not Process or transfer the Data outside of the European Union except with the express prior written authority of the Customer and ensure that such transfers are made in compliance with appropriate law.
6. Responsibility of the Customer
The Service Customer, as Data controller, must accept responsibility for abiding by the applicable data protection legislation. Notably, the Customer has an obligation to assess the lawfulness of the processing of personal data stored on the Site.
The Customer agrees that it shall ensure compliance at all times with the applicable data protection law, and, in particular, the Customer shall ensure that any disclosure of Personal Data made by it to vrisch is made with the data subject’s consent or is otherwise lawful. The control of Personal Data remains with the Customer, and as between the Customer and vrisch, the Customer will at all times remain the Data controller for the purposes of the Services, the TOS, and this Data Processing Agreement. The Customer is responsible for compliance with its obligations as Data controller under the applicable data protection Law, in particular for justification of any transmission of Personal Data to vrisch (including providing any required notices and obtaining any required consents), and for its decisions concerning the Processing and use of the data.
7. Cross Border and Onward Data Transfer
vrisch treats all Personal Data in a manner consistent with the requirements of the applicable data protection Law and this Data Processing Agreement in all locations globally.
Some data is stored by vrisch in data hosting centers located in California, United States managed by its subcontractor Webflow, Inc.
398 11th Street, 2nd Floor
San Francisco, CA 94103
Analytics: With respect to data processed and stored by its subcontractor Webflow, Inc. in data centers in the United States of America for analytics purposes when you visit our websitet, vrisch shall ensure compliance to Process Personal Data originating from the European Economic Area (EEA) and/or Switzerland according to the relevant EU-US Privacy Shield Principles.
Webflow is certified under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, and complies with applicable laws to provide an adequate level of data protection for your Personal Information.
With respect to Personal Data stored by vrisch in data centers in the EEA shall ensure compliance of its Sub-processors with the requirements of the applicable data protection law as follows:
(i) vrisch has entered into contracts with Sub-processors which provide that the Sub-processor will undertake data protection and confidentiality obligations consistent with applicable data protection laws;
(ii) further, where a Subprocessor processes Personal Data in or from a country that has not received an “adequacy” finding, vrisch will require the Subprocessor to execute Model Clauses incorporating security requirements consistent with those of this DPA.
vrisch shall not subcontract any of its processing operations performed on behalf of the Customer under the Agreement and the TOS without the prior written consent of the Customer.
Where vrisch subcontracts its obligations under the Agreement, with the consent of the Customer, it shall do so only by way of a written agreement with the subprocessor which imposes the same obligations on the subprocessor as are imposed on vrisch under the Agreement. Where the subprocessor fails to fulfill its data protection obligations under such written agreement vrisch shall not be liable to the Customer for the performance of the sub-processor’s obligations under such agreement.
The Customer as Data controller may request that vrisch audit the Subprocessor or provide confirmation that such an audit has occurred (or, where available, obtain or assist Data Controller in obtaining a third-party audit report concerning Subprocessor’s operations) to ensure compliance with such obligations. The Controller also will be entitled, upon written request, to receive copies of the relevant terms of vrisch’s agreement with Subprocessors that may process Personal Data, unless the agreement contains confidential information, in which case the vrisch may provide a redacted version of the agreement.
The provisions relating to data protection aspects for subprocessing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the Customer is established.
10. Technical and Organizational Measures
When Processing Personal Data on behalf of Customer in connection with the Services, vrisch shall ensure that it implements and maintains compliance with appropriate technical and organizational security measures for the Processing of such data. Accordingly, vrisch will implement the following measures:
a. To prevent unauthorized persons from gaining access to data processing systems in which Personal Data are Processed (physical access control), vrisch’s sub-processors such as Webflow, Inc. shall take measures to prevent physical access, such as security personnel and secured buildings and factory premises.
b. To prevent data processing systems from being used without authorization (system access control), the following may, among other controls, be applied depending upon the particular Services ordered: authentication via passwords and logging of access on several levels.
c. To ensure that persons entitled to use a data processing system only have access to the Personal Data to which they have privilege of access, and that Personal Data cannot be read, copied, modified or removed without authorization in the course of Processing and/or after storage (data access control), Personal Data is accessible and manageable only by properly authorized staff, direct database query access is restricted, and application access rights are established and enforced.
d. To ensure that Personal Data cannot be read, copied, modified or removed without authorization during electronic transmission or transport, and that it is possible to check and establish to which entities the transfer of Personal Data by means of data transmission facilities is envisaged (transmission control), vrisch will comply with the following requirements: Except as otherwise specified for the Cloud Services, transfers of data outside the Service environment are encrypted (HTTPS). The content of communications (including sender and recipient addresses) sent through some email or messaging services may not be encrypted once received through such services. Data Controller is solely responsible for the results of its decision to use non-encrypted communications or transmissions.
11. Incident Management and Breach Notification
vrisch evaluates and responds to incidents that create suspicion of unauthorized access to or handling of Personal Data.
The Customer is informed of such incidents and, depending on the nature of the activity, defines escalation paths and response teams to address those incidents. vrisch will work with the Customer, with the appropriate technical teams and, where necessary, with outside law enforcement to respond to the incident. The goal of the incident response will be to restore the confidentiality, integrity, and availability of the Services environment, and to establish root causes and remediation steps.
vrisch operations staff is instructed on responding to incidents where handling of personal data may have been unauthorized.
vrisch shall notify the Customer without undue delay after becoming aware of a personal data breach. vrisch shall promptly investigate any security breach and take reasonable measures to identify its root cause(s) and prevent a recurrence. As information is collected or otherwise becomes available, unless prohibited by law, vrisch will provide Data Controller with a description of the security breach, the type of data that was the subject of the breach, and other information Data Controller may reasonably request concerning the affected persons. The parties agree to coordinate in good faith in developing the content of any related public statements or any required notices for the affected persons.
12. Legally Required Disclosures
Except as otherwise required by law, vrisch will promptly notify the Customer of any subpoena, judicial, administrative or arbitral order of an executive or administrative agency or other governmental authority (“demand”) that it receives and which relates to the Personal Data vrisch is Processing on Customer’s behalf. At Customer’s request, vrisch will provide reasonable information in its possession that may be responsive to the demand and any assistance reasonably required for the Customer to respond to the demand in a timely manner. The Customer acknowledges that vrisch has no responsibility to interact directly with the entity making the demand.
13. Obligation after the termination of personal data processing services
The parties agree that on the termination of the provision of data processing services, vrisch will make available for retrieval or otherwise will return Customer’s Personal Data stored in the Platform environment, unless legislation imposed upon the parties prevents it from returning or destroying all or part of the personal data transferred. In that case, the parties warrant that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.
14. Governing law
This agreement will be governed by Austrian law.