Last updated: December 26, 2022
This Data Processing Addendum (“DPA”) is concluded by and between:
The User (also referred to as “you”, “your”) as the Controller; and
Spark Mail Limited (“Spark”, also referred to as “us", “our”), with offices at Glandore Business Centre, Grand Canal House, 1 Grand Canal Street Upper, Dublin 4, D04 Y7R5, Ireland, as the Processor.
The Controller and the Processor are jointly referred to as the “Parties” and severably as a “Party”.
The Controller acts as the controller, and the Processor acts as the processor according to the Regulation (EU) 2016/679 (“GDPR”) and other applicable data protection laws and regulations.
This DPA supplements Spark’s Terms of Service concluded between the Controller and the Processor, which governs your use of the Services (as defined below) (“Agreement”) and constitutes a binding agreement between the Controller and the Processor.
Unless defined in this DPA, all capitalised terms used herein shall have the meaning given to them in the Agreement. In the event of any conflict between the Agreement and this DPA, the terms of this DPA shall prevail in relation to the processing of personal data set out in this DPA.
Parties have agreed to the following:
The following definitions are used in the DPA:
| Definition | Meaning |
|---|---|
| DPA | This DPA. |
| Agreement | Terms of Service concluded between the Controller (acting as Organisation) and the Processor and all its Annexes. |
| Personal Data | Personal data processed by the Processor or Sub-processor on behalf of the Controller under the Agreement and the DPA. Such data may include any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. |
| GDPR | The Regulation (EU) 2016/679 of the European Parliament and of the Council 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). |
| Data Protection Laws | The GDPR and other applicable data protection or privacy laws of the U.S. (including, but not limited to the State of California, Colorado, Delaware, Virginia, etc.), the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom. |
| Data Transfer | Shall mean:
|
| Services | Services the Processor provides to the Controller under the Agreement (including access and functions of the Website and the App as defined in the Agreement). |
| Sub-processor | Any person appointed by or on behalf of the Processor to process Personal Data on behalf of the Controller in connection with the DPA. |
| Personal Data Breach | Breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to the Personal Data. |
| Data Subject Request | Request of a data subject regarding exercising its rights under the Data Protection Laws. |
The terms “Commission”, “controller”, “processor”, “data subject”, “processing”, and “Supervisory Authority” shall have the same meaning as in the GDPR.
Applicability. This DPA applies when the Processor processes the Personal Data on behalf of the Controller in providing the Services (namely, access and use of the Website and the App). This DPA applies where and only to the extent that Spark processes the Personal Data on behalf of the User in the course of providing the Services and such Personal Data is subject to the Data Protection Laws of the State of California, the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom. The Parties agree to comply with the terms and conditions set forth in this DPA in connection with the processing of such Personal Data.
User Obligations. The User agrees that (i) it shall comply with its obligations as the Controller under the Data Protection Laws in respect of its processing of the Personal Data and any processing instructions it issues to the Processor; and (ii) it has provided notice and obtained (or shall obtain) all consents and rights necessary under the Data Protection Laws for Spark to process the Personal Data and provide the Services pursuant to the Agreement and this DPA.
The subject matter, nature and purpose of the Processing of the Controller’s Personal Data pertain to the provision of the Services, as requested by the Controller, and are described in Schedule 1 of this DPA. The Processor processes the Personal Data for the provision of the Services as requested by the Controller. The Processor may process the Personal Data provided in the Controller’s files (documents, profiles, questionnaires, email contents and attachments) and the Controller’s use of the Processor’s App and Website. The Personal Data may be subject to the following processing activities: (i) storage and other processing necessary to provide, maintain, support, develop, and improve the Services, (ii) provision of customer and technical support to the User, and (iii) making disclosures as required by the Data Protection Laws or otherwise set forth in the Agreement.
Compliance. The Parties shall comply with their obligations under the Data Protection Laws and other applicable laws of Ireland in respect of the processing of the Personal Data. The Controller certifies that the Personal Data was collected and processed in full compliance with the applicable Data Protection Laws.
Nature of the personal data. The Processor handles the Personal Data provided by the Controller. Such Personal Data may contain special categories of data under the GDPR depending on how the Controller uses the Services. The Processor may also collect the Personal Data directly from the data subjects, including the data subjects who contact the Controller or their representatives and third parties or are contacted by them via emails while not owning an account with the Processor’s App.
Details on processing. Subject matter, duration of processing, nature and purpose of processing, type of the Personal Data and categories of data subjects are described in Schedule 1.
Instructions on data processing. The Parties agree that this DPA and the Agreement constitute your complete and final documented instructions regarding our processing of the Personal Data on your behalf. The Processor shall process the Personal Data following the documented instructions of the Controller set in the DPA and in accordance with the functionality (the App architecture) offered to the Controller that the Controller can use to achieve its purposes. The Controller can send the written instructions to the Processor via email, messenger, or other communication means agreed upon by the Parties. The Processor must not process the Personal Data in any manner contradictory to the Controller’s instructions.
New instructions. The Controller can provide the Processor with new instructions regarding the processing of the Personal Data in writing (e.g., via email, messengers). The Processor is obliged to store all further instructions on data processing provided to the Processor by the Controller. Any additional or alternative instructions must be consistent with the terms and conditions of this DPA, Agreement, and applicable Data Protection Law.
Assistance. The Processor shall assist the Controller in connection with its legal obligations, including but not limited to, support with any requests from data subjects, investigations of security incidents, compliance programs, and communication with supervisory authorities. The Processor may not fulfil the data subject’s requests sent to the Controller; instead, the Processor will provide necessary assistance to the Controller in dealing with the data subject’s and competent authority’s requests.
Sharing data. The Processor is allowed to share the Personal Data with the other processors of the Controller. List of the Controller’s processors is provided in the internal documents of the Controller or can be communicated by the Controller to the Processor separately. The Controller independently decides who receives access to the Controller’s Account or Teams and bears responsibility for such third party’s compliance with applicable Data Protection Laws, including rules on international personal data transfer.
Purpose limitation. The Processor shall process the Personal Data only for the specific purposes of the transfer, as set out in Schedule 1 to this DPA.
Sensitive data. The Processor does not knowingly process special categories of data as described in the GDPR. If the Processor is required to process such data, the Processor will apply the specific restrictions and/or additional safeguards described in accordance with the GDPR.
Storage of personal data. As a general rule, the Processor must securely store the Personal Data for the duration of the DPA. The Controller can inform the Processor about the storage periods of the particular Personal Data in writing (e.g., via email, messengers).
Deletion of personal data. The Processor shall delete all the Personal Data within the retention period described in the Privacy Policy for the App from the trigger event, such as
The Processor shall delete the Personal Data within the period indicated in:
The Processor shall delete the Personal Data from all data storages and all devices to ensure that the Processor has no physical or digital copy of any piece of the Personal Data. The Processor shall ensure that the Sub-processors delete the Personal Data as well within the same period.
The Processor shall not delete the Personal Data if applicable law requires to store such data, including, but not limited to, for the purpose of legal action or police investigation. In such a case, the Processor shall securely isolate the Personal Data to prevent any further processing except for storage.
Grounding. In performing its obligations under the DPA and the Agreement, the Processor may transfer the Personal Data to third countries outside the EEA only to the extent that (i) the Controller has provided its prior written approval; or (ii) such country provides an adequate level of protection as contemplated by the Data Protection Laws; or (iii) where Spark has put in place adequate safeguards to protect the Controller’s Personal Data, as required by the Data Protection Laws, such as by ensuring that any such transfer of the Personal Data is governed by the EU Standard Contractual Clauses.
Data Transfer Agreement. With respect to the Personal Data that is transferred from the Controller to the Processor, the Controller ("data exporter") and the Processor ("data importer") hereby enter into, as of the Effective Date, the EU Standard Contractual Clauses (“SCCs”), as set out in Schedule 4, attached hereto and which are incorporated by reference and constitute an integral part of this DPA. The Parties are deemed to have accepted and executed the EU Standard Contractual Clauses in their entirety, including the annexes and appendices.
Transfer safeguards. The Processor must comply with the regulations on personal data transfer. If a third country is not on the list of countries that provide an adequate level of data protection that is maintained by the Commission, the Processor shall use appropriate safeguards to protect the Personal Data in accordance with Article 46 of the GDPR. The Processor can use a common safeguard, the EU SCCs for the transfer of personal data to third countries pursuant to the GDPR. Moreover, before relying on the mentioned safeguard, the Processor shall perform the assessments and procedures required by the GDPR and other applicable Data Protection Laws to ensure that the level of data protection in the recipient country is equivalent to the EU data protection regime and the local public authorities cannot get access to the personal data unlawfully.
The Controller has the right to control and check whether the Processor complies with the Data Protection Laws and this DPA during the processing of the Personal Data.
The Controller can:
The Controller can do any of the above actions at any moment without the approval of the Processor. The Controller should avoid disrupting the Processor’s normal business flow or exercising its right excessively or in bad faith.
Engagement of sub-processors. The Controller agrees that the Processor may engage the Sub-processors to process the Personal Data on behalf of the Controller. The Sub-processors currently engaged by Spark and authorised by the User (by accepting the Agreement) are indicated in Schedule 3 of this DPA.
Choice of the sub-processor. The Processor must engage a person as the Sub-processor only if this person is reliable and complies with the Data Protection Laws at all times. The Processor shall avoid engaging a Sub-processor registered outside of the European Economic Area unless the necessary data protection safeguards, as required by the GDPR, are put in place. If such a Sub-Processor is involved, the Processor must provide an appropriate level of data protection as required by the GDPR and notify the Controller prior to such involvement, provided such notification is mandatory under the Data Protection Laws. The list of Sub-processors is outlined in Schedule 3 of this DPA.
The Processor’s obligations with respect to engaging of Sub-processors:
Security measures. The Processor shall implement appropriate technical and organisational measures (“TOMs”) to ensure protection of the Personal Data and a level of security appropriate to that risk. Implemented measures must be applicable to the scope and risks of the Personal Data processing. Adequate technical measures must be implemented on every device and data storage facility and equipment. Among the security measures, the Processor has implemented the measures described in Schedule 2.
The Processor is not limited to these examples and can implement other measures appropriate to processing specifications. The Processor shall review implemented technical and organisational measures and amend or adopt new measures when appropriate.
Confidentiality. The Processor shall not access or use, or disclose to any third party, any of the Controller’s Personal Data, except, in each case, as necessary to maintain or provide the Services, or as necessary to comply with contractual and legal obligations or binding order of a public authority as described in Section 10 of this DPA. When the Processor discloses the Personal Data, the Processor must also follow the non-disclosure obligations set in an agreement with the Controller, if any.
Non-disclosure obligations. The Processor shall take all reasonable steps to ensure the reliability of its employees, agents or contractors to whom the Processor provides access to the Personal Data. The Processor must ensure that these employees, agents and contractors:
The Processor must not provide the Personal Data to any local or foreign government authority unless the Processor receives an official request (subpoena, court order, etc.) that demands the Processor to provide the Personal Data.
The Processor must immediately inform the Controller about every received request for access to the Personal Data unless the applicable law of the country the request is covered by requires the Processor not to disclose such information in order to prevent disruption of the police investigation or court proceeding.
If, under the local law or according to an official request (subpoena, court order, etc.), the Processor is prohibited from disclosing to the third parties information about the request, the Processor must process the request by itself. The Processor must ensure that a request is issued in full compliance with the respective law, namely:
The Processor shall inform the Controller about the request when the Processor will be legally allowed to do so. When the Processor responds to a government authority request, the Processor must not provide more of the Personal Data than was requested.
The Controller is solely responsible for complying with its obligations under the Data Protection Laws. The Processor shall assist the Controller in fulfilling certain Controller’s obligations:
The Controller is primarily responsible for handling and responding to the Data Subject Requests. The Processor shall, where applicable, assist the Controller in connection with its obligations as regards (i) the security of processing, (ii) notification of Controller’s Personal Data Breaches to the supervisory authority, (iii) communication of a breach to a Data Subject, (iv) the conduct of data protection impact assessments (and, where required by the Data Protection Laws, consulting with the relevant governmental body in respect of any such data protection impact assessment).
Assistance. The Processor shall assist the Controller in responding to the Data Subject Requests. In case of a Data Subject Request, the Processor shall:
Notification. The Processor shall send a data breach notice to the Controller without undue delay but not later than 24 hours after the Processor becomes aware of a Personal Data Breach. The Processor must use an approved form of the Controller’s data breach notice. If the Controller fails to provide such a form, the Processor shall use its own data breach notice form that shall, at minimum, describe the following:
Where, and in so far as, it is not possible to provide all above information at the same time, the initial notice shall provide the information then available and further information shall, as it becomes available, subsequently be provided by the Processor without undue delay.
Cooperation. The Processor shall cooperate with the Controller and take reasonable commercial steps as directed by the Controller to assist in the investigation, mitigation and remediation of such Personal Data Breach.
Assistance. The Processor shall provide reasonable assistance to the Controller with any data protection impact assessments, risk assessments and interactions with the Supervising Authorities or other competent governmental authorities.
Data protection audits. The Controller has the right, by itself or by engaging a third party, to audit the Processor on the subject of compliance with this DPA and the Data Protection Laws, at reasonable intervals or if there are indications of non-compliance. The Controller does not need the Processor's permission to carry out the audit. The Processor must cooperate with the person who audits the Processor. The Processor may provide the Controller with all information necessary to demonstrate compliance with its obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller with respect to such processing. After a data protection audit, the Controller can oblige the Processor to alter its practices on data processing within a specific but reasonable period.
Security standards. The Processor shall maintain records of its security standards. The Controller can request the Processor to provide documentation to verify the Processor's compliance with this DPA (copies of relevant external ISMS certifications, audit report summaries, etc.). Such documentation shall be processed by the Controller on a confidential basis.
The Processor shall further provide written responses (on a confidential basis) to all reasonable requests for information made by the Controller, including responses to information security and audit questionnaires, that the Controller considers reasonably necessary to confirm the Processor's compliance with the DPA. The Controller shall not exercise this right more than once per year.
ROPA. The Processor shall assist the Controller in maintaining the Controller’s records of processing activities under Article 30 of the GDPR and vice versa.
Records Maintenance and Questionnaires. The Processor shall maintain records of its security standards. Upon the Controller’s written request, the Processor may provide (on a confidential basis) copies or excerpts of relevant external TOMs-related policies and procedures, audit report summaries, and/or other documentation reasonably required by the Controller to verify the Processor’s compliance with this DPA.
Erasure or return of Personal Data. The Processor shall promptly and, in any event within sixty (60) calendar days of the earlier of: (i) cessation of Processing of the Controller’s Personal Data by the Processor; or (ii) termination of the Agreement, delete all the Personal Data, save that this requirement shall not apply to the extent that the Processor is required by applicable law to retain some or all of the Personal Data, or to the Personal Data it has archived on backup systems, which such the Personal Data the Processor shall securely isolate and protect from any further processing, except to the extent required by applicable law.
DPA as an Agreement. This DPA is an integral part of the Agreement. If there is any conflict between the DPA and the Agreement, the DPA shall prevail to the extent of that conflict.
This DPA shall remain in force until the termination of the Agreement between you and us that governs your use of the Services. The DPA shall terminate automatically upon expiry or termination of the Agreement.
The laws of Ireland shall govern this DPA. This DPA complies with the requirements of the GDPR.
Any dispute arising from these Clauses shall be resolved by the courts of Ireland. A data subject may also bring legal proceedings against the Processor and/or Controller before the courts of the EU Member State in which he/she has his/her habitual residence.
All notices and communications given under this DPA must be sent by email address set out in the Processor’s Privacy Policies and the Controller’s email address used for creating a Spark Account unless the Controller and Processor agree otherwise.
Notwithstanding anything contained in this DPA to the contrary, the Processor’s liability arising out of or related to this DPA (including the SCCs) shall be subject to the exclusions and limitations of liability set forth in the section “Limitation of Liability” of the Agreement.
Except where and to the extent expressly provided in the SCCs, in no event does the Processor limit or exclude its liability towards data subjects or competent data protection authorities as set forth in the applicable laws and regulations.
Nature and Purpose of processing. The Processor will process the Personal Data as necessary to perform the Services pursuant to the Agreement, and as further instructed by the Controller in its use of the Services.
Duration of the processing. The Processor will process the Personal Data for the duration of the Agreement, unless agreed otherwise.
Categories of data subjects. The Controller may submit the Personal Data to the Processor, the extent of which is determined and controlled by the Controller in its sole discretion, and which may include, but is not limited to the Personal Data relating to the Controller’s employees, contractors, users and other persons whose personal data the Controller decides to provide to the Processor in the context of the performance of the Services provided to it by the Processor.
Type of Personal Data. The Controller may submit the Personal Data to the Processor, the extent of which is determined and controlled by the Controller in its sole discretion, and which may include, but is not limited to, the employees’/contractors’ registration data, Spark’s services usage data, namely, the Personal Data provided in the Controller’s files (documents, profiles, questionnaires, email contents and attachments) and the Controller’s use of the Processor’s App and Website.
Security measures and TOMs. The Processor shall implement appropriate technical and organisational measures to ensure the protection of the Personal Data and a level of security appropriate to that risk. Implemented measures should apply to the scope and risks of the Personal Data processing.
The Processor adopted the following organisational, technical, and physical measures to protect Personal Data:
Monitoring. Processor’s systems are subject to monitoring (partially subject to automated monitoring). Secure hosting provider. The Processor uses Google hosting provider with international security certificates to ensure the Personal Data safety. Further information about the technical and organisational measures adopted by the hosting provider may be accessed via link.
Encryption and HTTPS. The Personal Data is secured with HTTPS, symmetric and asymmetric encryption to protect it from unauthorised access and disclosure.
Backups and recovery. All of the Processor’s systems have backups to protect from data loss and corruption. Such backups are made at least once a day and usually stored for one week. For backup purposes, Google Cloud SQL is used.
Data segregation. The databases are separated logically to prevent unauthorised persons from accidentally reading data with limited access.
The Processor’s critical services are also operated redundantly in multiple data centers and controlled by a high-availability system.
VPN access. Processor’s infrastructure is stored in Google Cloud Platform. Processor’s employees connect to infractructure only via VPN access and personal SSH keys, where applicable.
Firewall protection. The Processor’s systems are protected by firewalls that reject all incoming connections by default. Only that connection types that have been defined as exceptions can be accepted.
Anti-virus protection. All employees’ equipment has pre-installed anti-viruses to ensure additional security.
MDM solution. All employees’ equipment is also protected with security settings via a mobile device management (MDM) solution that monitors, manages, and secures mobile devices across multiple operating systems.
Internal security policies. Processor develops a security program, information security incident management policy, risk management policy, and other policies to ensure the protection of Personal Data.
Instructed and trained employees. The Processor periodically performs training for its employees to enhance their knowledge of privacy and security of the Personal Data in accordance with the best international practices.
Non-Disclosure Agreements. Where possible, the Processor enters into Non-Disclosure Agreements with its employees and third parties to protect the confidentiality of the Personal Data.
Password policy. The Processor created a password policy to guarantee the higher security of the systems. Passwords should meet specific requirements (e.g., at least 12 characters long) and be periodically renewed.
The Processor also uses SSH keys of at least 4096 bits in length to strengthen the productive systems against attacks that target weak passwords.
Data Processing Agreements. Before transmitting the Personal Data, the Processor, where necessary and feasible, enters into data processing agreements that specify security measures and mutual responsibilities of the parties.
The Processor is not limited to these examples and can implement other measures appropriate to processing specifications. The Processor shall review implemented technical and organisational measures and amend or adopt new measures when appropriate.
The Parties have agreed that the Processor will engage the Sub-processors specified in the “Data sharing with 3rd parties” section (“Subcontractors” subsection) of the Spark’s Privacy Policy for the App that is available at: https://sparkmailapp.com/legal/privacy-app.
The Processor has performed a transfer impact assessment and, ensuring that the necessary safeguards were implemented, included the SCCs in the data processing agreements with these Sub-processors. The exception is when a Sub-processor uses its own SCCs or uses other safeguards under Article 46 of the GDPR.
SECTION I
Clause 1. Purpose and Scope
(a) The purpose of these standard contractual clauses is to ensure compliance with the requirements of 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 (General Data Protection Regulation) for the transfer of personal data to a third country.
(b) The Parties:
(i) the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter ‘entity/ies’) transferring the personal data, as listed in Annex I.A (hereinafter each ‘data exporter’), and
(ii) the entity/ies in a third country receiving the personal data from the data exporter, directly or indirectly via another entity also Party to these Clauses, as listed in Annex I.A (hereinafter each ‘data importer’)
have agreed to these standard contractual clauses (hereinafter: ‘Clauses’).
(c) These Clauses apply with respect to the transfer of personal data as specified in Annex I.B.
(d) The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.
Clause 2. Effect and invariability of the Clauses
(a) These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46(2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.
(b) These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679.
Clause 3. Third-party beneficiaries
(a) Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions:
(i) Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;
(ii) Clause 8.1(b), 8.9(a), (c), (d) and (e);
(iii) Clause 9(a), (c), (d) and (e);
(iv) Clause 12(a), (d) and (f);
(v) Clause 13;
(vi) Clause 15.1(c), (d) and (e);
(vii) Clause 16(e);
(viii) Clause 18(a) and (b);
(b) Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679.
Clause 4. Interpretation
(a) Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.
(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.
(c) These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679.
Clause 5. Hierarchy
In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail.
Clause 6. Description of the transfer(s)
The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex I.B.
Clause 7. Docking clause
(a) An entity that is not a Party to these Clauses may, with the agreement of the Parties, accede to these Clauses at any time, either as a data exporter or as a data importer, by completing the Appendix and signing Annex I.A.
(b) Once it has completed the Appendix and signed Annex I.A, the acceding entity shall become a Party to these Clauses and have the rights and obligations of a data exporter or data importer in accordance with its designation in Annex I.A.
(c) The acceding entity shall have no rights or obligations arising under these Clauses from the period prior to becoming a Party.
SECTION II – OBLIGATIONS OF THE PARTIES
Clause 8. Data protection safeguards
The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through the implementation of appropriate technical and organisational measures, to satisfy its obligations under these Clauses.
8.1 Instructions
(a) The data importer shall process the personal data only on documented instructions from the data exporter. The data exporter may give such instructions throughout the duration of the contract.
(b) The data importer shall immediately inform the data exporter if it is unable to follow those instructions.
8.2 Purpose limitation
The data importer shall process the personal data only for the specific purpose(s) of the transfer, as set out in Annex I.B, unless on further instructions from the data exporter.
8.3 Transparency
On request, the data exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to the data subject free of charge. To the extent necessary to protect business secrets or other confidential information, including the measures described in Annex II and personal data, the data exporter may redact part of the text of the Appendix to these Clauses prior to sharing a copy, but shall provide a meaningful summary where the data subject would otherwise not be able to understand the its content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information. This Clause is without prejudice to the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.
8.4 Accuracy
If the data importer becomes aware that the personal data it has received is inaccurate, or has become outdated, it shall inform the data exporter without undue delay. In this case, the data importer shall cooperate with the data exporter to erase or rectify the data.
8.5 Duration of processing and erasure or return of data
Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of the processing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the data exporter and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on its behalf and delete existing copies. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit return or deletion of the personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent and for as long as required under that local law. This is without prejudice to Clause 14, in particular the requirement for the data importer under Clause 14(e) to notify the data exporter throughout the duration of the contract if it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under Clause 14(a).
8.6 Security of processing
(a) The data importer and, during transmission, also the data exporter shall implement appropriate technical and organisational measures to ensure the security of the data, including protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to that data (hereinafter ‘personal data breach’). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purpose(s) of processing and the risks involved in the processing for the data subjects. The Parties shall in particular consider having recourse to encryption or pseudonymisation, including during transmission, where the purpose of processing can be fulfilled in that manner. In case of pseudonymisation, the additional information for attributing the personal data to a specific data subject shall, where possible, remain under the exclusive control of the data exporter. In complying with its obligations under this paragraph, the data importer shall at least implement the technical and organisational measures specified in Annex II. The data importer shall carry out regular checks to ensure that these measures continue to provide an appropriate level of security.
(b) The data importer shall grant access to the personal data to members of its personnel only to the extent strictly necessary for the implementation, management and monitoring of the contract. It shall ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
(c) In the event of a personal data breach concerning personal data processed by the data importer under these Clauses, the data importer shall take appropriate measures to address the breach, including measures to mitigate its adverse effects. The data importer shall also notify the data exporter without undue delay after having become aware of the breach. Such notification shall contain the details of a contact point where more information can be obtained, a description of the nature of the breach (including, where possible, categories and approximate number of data subjects and personal data records concerned), its likely consequences and the measures taken or proposed to address the breach including, where appropriate, measures to mitigate its possible adverse effects. Where, and in so far as, it is not possible to provide all information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.
(d) The data importer shall cooperate with and assist the data exporter to enable the data exporter to comply with its obligations under Regulation (EU) 2016/679, in particular to notify the competent supervisory authority and the affected data subjects, taking into account the nature of processing and the information available to the data importer.
8.7 Sensitive data
Where the transfer involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (hereinafter ‘sensitive data’), the data importer shall apply the specific restrictions and/or additional safeguards described in Annex I.B.
8.8 Onward transfers
The data importer shall only disclose the personal data to a third party on documented instructions from the data exporter. In addition, the data may only be disclosed to a third party located outside the European Union (in the same country as the data importer or in another third country, hereinafter ‘onward transfer’) if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if:
(i) the onward transfer is to a country benefitting from an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679 that covers the onward transfer;
(ii) the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or 47 Regulation of (EU) 2016/679 with respect to the processing in question;
(iii) the onward transfer is necessary for the establishment, exercise or defence of legal claims in the context of specific administrative, regulatory or judicial proceedings; or
(iv) the onward transfer is necessary in order to protect the vital interests of the data subject or of another natural person. Any onward transfer is subject to compliance by the data importer with all the other safeguards under these Clauses, in particular purpose limitation.
Any onward transfer is subject to compliance by the data importer with all the other safeguards under these Clauses, in particular purpose limitation.
8.9 Documentation and compliance
(a) The data importer shall promptly and adequately deal with enquiries from the data exporter that relate to the processing under these Clauses.
(b) The Parties shall be able to demonstrate compliance with these Clauses. In particular, the data importer shall keep appropriate documentation on the processing activities carried out on behalf of the data exporter.
(c) The data importer shall make available to the data exporter all information necessary to demonstrate compliance with the obligations set out in these Clauses and at the data exporter’s request, allow for and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or audit, the data exporter may take into account relevant certifications held by the data importer.
(d) The data exporter may choose to conduct the audit by itself or mandate an independent auditor. Audits may include inspections at the premises or physical facilities of the data importer and shall, where appropriate, be carried out with reasonable notice.
(e) The Parties shall make the information referred to in paragraphs (b) and (c), including the results of any audits, available to the competent supervisory authority on request.
Clause 9. Use of sub-processors
(a) GENERAL WRITTEN AUTHORISATION. The data importer has the data exporter’s general authorisation for the engagement of sub-processor(s) from an agreed list. The data importer shall specifically inform the data exporter in writing of any intended changes to that list through the addition or replacement of sub-processors at least 10 days in advance, thereby giving the data exporter sufficient time to be able to object to such changes prior to the engagement of the sub-processor(s). The data importer shall provide the data exporter with the information necessary to enable the data exporter to exercise its right to object.
(b) Where the data importer engages a sub-processor to carry out specific processing activities (on behalf of the data exporter), it shall do so by way of a written contract that provides for, in substance, the same data protection obligations as those binding the data importer under these Clauses, including in terms of third-party beneficiary rights for data subjects. The Parties agree that, by complying with this Clause, the data importer fulfils its obligations under Clause 8.8. The data importer shall ensure that the sub-processor complies with the obligations to which the data importer is subject pursuant to these Clauses.
(c) The data importer shall provide, at the data exporter’s request, a copy of such a sub-processor agreement and any subsequent amendments to the data exporter. To the extent necessary to protect business secrets or other confidential information, including personal data, the data importer may redact the text of the agreement prior to sharing a copy.
(d) The data importer shall remain fully responsible to the data exporter for the performance of the sub-processor’s obligations under its contract with the data importer. The data importer shall notify the data exporter of any failure by the sub-processor to fulfil its obligations under that contract.
(e) The data importer shall agree a third-party beneficiary clause with the sub-processor whereby – in the event the data importer has factually disappeared, ceased to exist in law or has become insolvent – the data exporter shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.
Clause 10. Data subject rights
(a) The data importer shall promptly notify the data exporter of any request it has received from a data subject. It shall not respond to that request itself unless it has been authorised to do so by the data exporter.
(b) The data importer shall assist the data exporter in fulfilling its obligations to respond to data subjects’ requests for the exercise of their rights under Regulation (EU) 2016/679. In this regard, the Parties shall set out in Annex II the appropriate technical and organisational measures, taking into account the nature of the processing, by which the assistance shall be provided, as well as the scope and the extent of the assistance required.
(c) In fulfilling its obligations under paragraphs (a) and (b), the data importer shall comply with the instructions from the data exporter.
Clause 11. Redress
(a) The data importer shall inform data subjects in a transparent and easily accessible format, through individual notice or on its website, of a contact point authorised to handle complaints. It shall deal promptly with any complaints it receives from a data subject.
The data importer agrees that data subjects may also lodge a complaint with an independent dispute resolution body at no cost to the data subject. It shall inform the data subjects, in the manner set out in paragraph (a), of such redress mechanism and that they are not required to use it, or follow a particular sequence in seeking redress.
(b) In case of a dispute between a data subject and one of the Parties as regards compliance with these Clauses, that Party shall use its best efforts to resolve the issue amicably in a timely fashion. The Parties shall keep each other informed about such disputes and, where appropriate, cooperate in resolving them.
(c) Where the data subject invokes a third-party beneficiary right pursuant to Clause 3, the data importer shall accept the decision of the data subject to: (i) lodge a complaint with the supervisory authority in the Member State of his/her habitual residence or place of work, or the competent supervisory authority pursuant to Clause 13; (ii) refer the dispute to the competent courts within the meaning of Clause 18.
(d) The Parties accept that the data subject may be represented by a not-for-profit body, organisation or association under the conditions set out in Article 80(1) of Regulation (EU) 2016/679.
(e) The data importer shall abide by a decision that is binding under the applicable EU or Member State law.
(f) The data importer agrees that the choice made by the data subject will not prejudice his/her substantive and procedural rights to seek remedies in accordance with applicable laws.
Clause 12. Liability
(a) Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies by any breach of these Clauses.
(b) The data importer shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data importer or its sub-processor causes the data subject by breaching the third-party beneficiary rights under these Clauses.
(c) Notwithstanding paragraph (b), the data exporter shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data exporter or the data importer (or its sub-processor) causes the data subject by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liability of the data exporter and, where the data exporter is a processor acting on behalf of a controller, to the liability of the controller under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable.
(d) The Parties agree that if the data exporter is held liable under paragraph (c) for damages caused by the data importer (or its sub-processor), it shall be entitled to claim back from the data importer that part of the compensation corresponding to the data importer’s responsibility for the damage.
(e) Where more than one Party is responsible for any damage caused to the data subject as a result of a breach of these Clauses, all responsible Parties shall be jointly and severally liable and the data subject is entitled to bring an action in court against any of these Parties.
(f) The Parties agree that if one Party is held liable under paragraph (e), it shall be entitled to claim back from the other Party/ies that part of the compensation corresponding to its/their responsibility for the damage.
(g) The data importer may not invoke the conduct of a sub-processor to avoid its own liability.
Clause 13. Supervision
(a) (Where the data exporter is established in an EU Member State) The supervisory authority with responsibility for ensuring compliance by the data exporter with Regulation (EU) 2016/679 as regards the data transfer, as indicated in Annex I.C, shall act as competent supervisory authority.
(Where the data exporter is not established in an EU Member State, but falls within the territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) and has appointed a representative pursuant to Article 27(1) of Regulation (EU) 2016/679) The supervisory authority of the Member State in which the representative within the meaning of Article 27(1) of Regulation (EU) 2016/679 is established, as indicated in Annex I.C, shall act as competent supervisory authority.
(Where the data exporter is not established in an EU Member State, but falls within the territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) without however having to appoint a representative pursuant to Article 27(2) of Regulation (EU) 2016/679) The supervisory authority of one of the Member States in which the data subjects whose personal data is transferred under these Clauses in relation to the offering of goods or services to them, or whose behaviour is monitored, are located, as indicated in Annex I.C, shall act as competent supervisory authority.
(b) The data importer agrees to submit itself to the jurisdiction of and cooperate with the competent supervisory authority in any procedures aimed at ensuring compliance with these Clauses. In particular, the data importer agrees to respond to enquiries, submit to audits and comply with the measures adopted by the supervisory authority, including remedial and compensatory measures. It shall provide the supervisory authority with written confirmation that the necessary actions have been taken.
SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY PUBLIC AUTHORITIES
Clause 14. Local laws and practices affecting compliance with the Clauses
(a) The Parties warrant that they have no reason to believe that the laws and practices in the third country of destination applicable to the processing of the personal data by the data importer, including any requirements to disclose personal data or measures authorising access by public authorities, prevent the data importer from fulfilling its obligations under these Clauses. This is based on the understanding that laws and practices that respect the essence of the fundamental rights and freedoms and do not exceed what is necessary and proportionate in a democratic society to safeguard one of the objectives listed in Article 23(1) of Regulation (EU) 2016/679, are not in contradiction with these Clauses.
(b) The Parties declare that in providing the warranty in paragraph (a), they have taken due account in particular of the following elements:
(i) the specific circumstances of the transfer, including the length of the processing chain, the number of actors involved and the transmission channels used; intended onward transfers; the type of recipient; the purpose of processing; the categories and format of the transferred personal data; the economic sector in which the transfer occurs; the storage location of the data transferred;
(ii) the laws and practices of the third country of destination– including those requiring the disclosure of data to public authorities or authorising access by such authorities – relevant in light of the specific circumstances of the transfer, and the applicable limitations and safeguards ;
(iii) any relevant contractual, technical or organisational safeguards put in place to supplement the safeguards under these Clauses, including measures applied during transmission and to the processing of the personal data in the country of destination.
(c) The data importer warrants that, in carrying out the assessment under paragraph (b), it has made its best efforts to provide the data exporter with relevant information and agrees that it will continue to cooperate with the data exporter in ensuring compliance with these Clauses.
(d) The Parties agree to document the assessment under paragraph (b) and make it available to the competent supervisory authority on request.
(e) The data importer agrees to notify the data exporter promptly if, after having agreed to these Clauses and for the duration of the contract, it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under paragraph (a), including following a change in the laws of the third country or a measure (such as a disclosure request) indicating an application of such laws in practice that is not in line with the requirements in paragraph (a).
(f) Following a notification pursuant to paragraph (e), or if the data exporter otherwise has reason to believe that the data importer can no longer fulfil its obligations under these Clauses, the data exporter shall promptly identify appropriate measures (e.g. technical or organisational measures to ensure security and confidentiality) to be adopted by the data exporter and/or data importer to address the situation. The data exporter shall suspend the data transfer if it considers that no appropriate safeguards for such transfer can be ensured, or if instructed by the competent supervisory authority to do so. In this case, the data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses. If the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise. Where the contract is terminated pursuant to this Clause, Clause 16(d) and (e) shall apply.
Clause 15. Obligations of the data importer in case of access by public authorities
15.1 Notification
(a) The data importer agrees to notify the data exporter and, where possible, the data subject promptly (if necessary with the help of the data exporter) if it:
(i) receives a legally binding request from a public authority, including judicial authorities, under the laws of the country of destination for the disclosure of personal data transferred pursuant to these Clauses; such notification shall include information about the personal data requested, the requesting authority, the legal basis for the request and the response provided; or
(ii) becomes aware of any direct access by public authorities to personal data transferred pursuant to these Clauses in accordance with the laws of the country of destination; such notification shall include all information available to the importer.
(b) If the data importer is prohibited from notifying the data exporter and/or the data subject under the laws of the country of destination, the data importer agrees to use its best efforts to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible. The data importer agrees to document its best efforts in order to be able to demonstrate them on request of the data exporter.
(c) Where permissible under the laws of the country of destination, the data importer agrees to provide the data exporter, at regular intervals for the duration of the contract, with as much relevant information as possible on the requests received (in particular, number of requests, type of data requested, requesting authority/ies, whether requests have been challenged and the outcome of such challenges, etc.).
(d) The data importer agrees to preserve the information pursuant to paragraphs (a) to (c) for the duration of the contract and make it available to the competent supervisory authority on request.
(e) Paragraphs (a) to (c) are without prejudice to the obligation of the data importer pursuant to Clause 14(e) and Clause 16 to inform the data exporter promptly where it is unable to comply with these Clauses.
15.2 Review of legality and data minimisation
(a) The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under international law and principles of international comity. The data importer shall, under the same conditions, pursue possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending the effects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause 14(e).
(b) The data importer agrees to document its legal assessment and any challenge to the request for disclosure and, to the extent permissible under the laws of the country of destination, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request.
(c) The data importer agrees to provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request.
SECTION IV – FINAL PROVISIONS
Clause 16. Non-compliance with the Clauses and termination
(a) The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.
(b) In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses, the data exporter shall suspend the transfer of personal data to the data importer until compliance is again ensured or the contract is terminated. This is without prejudice to Clause 14(f).
(c) The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where:
(i) the data exporter has suspended the transfer of personal data to the data importer pursuant to paragraph (b) and compliance with these Clauses is not restored within a reasonable time and in any event within one month of suspension;
(ii) the data importer is in substantial or persistent breach of these Clauses; or
(iii) the data importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses.
In these cases, it shall inform the competent supervisory authority of such non-compliance. Where the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.
(d) Personal data that has been transferred prior to the termination of the contract pursuant to paragraph (c) shall at the choice of the data exporter immediately be returned to the data exporter or deleted in its entirety. The same shall apply to any copies of the data. The data importer shall certify the deletion of the data to the data exporter. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit the return or deletion of the transferred personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process the data to the extent and for as long as required under that local law.
(e) Either Party may revoke its agreement to be bound by these Clauses where (i) the European Commission adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679 that covers the transfer of personal data to which these Clauses apply; or (ii) Regulation (EU) 2016/679 becomes part of the legal framework of the country to which the personal data is transferred. This is without prejudice to other obligations applying to the processing in question under Regulation (EU) 2016/679.
Clause 17. Governing law
These Clauses shall be governed by the law of one of the EU Member States, provided such law allows for third-party beneficiary rights. The Parties agree that this shall be the law of the Republic of Ireland.
Clause 18. Choice of forum and jurisdiction
(a) Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State.
(b) The Parties agree that those shall be the courts of the Republic of Ireland.
(c) A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of the Member State in which he/she has his/her habitual residence.
(d) The Parties agree to submit themselves to the jurisdiction of such courts.
Appendix
Annex I
A. LIST OF PARTIES
Data exporter
Name: ‘You’, ‘User’
Address: the relevant information is contained in the User’s account.
Contact person’s name, position and contact details: the relevant information is contained in the User’s account.
Activities relevant to the data transferred under these Clauses: (i) storage and other processing necessary to provide, maintain and improve the Services provided to the data exporter, (ii) to provide customer and technical support to the data exporter and (iii) disclosures as required by law or otherwise set forth in the Agreement.
Signature and date: The parties agree that execution of the Agreement by the data importer shall constitute execution of these Clauses by both the data importer and data exporter. The date of the registration of the Spark Account shall be considered the date of execution of these Clauses.
Role: controller
Data importer
Name: Spark Mail Limited
Address: Glandore Business Centre, Grand Canal House, 1 Grand Canal Street Upper, Dublin 4, D04 Y7R5.
Contact person’s name, position and contact details: dpo@sparkmailapp.com
Activities relevant to the data transferred under these Clauses: (i) storage and other processing necessary to provide, maintain and improve the Services provided to the data exporter, (ii) to provide customer and technical support to the data exporter and (iii) disclosures as required by law or otherwise set forth in the Agreement.
Signature and date: The parties agree that execution of the Agreement by the data importer shall constitute execution of these Clauses by both the data importer and data exporter. The date of the registration of the Spark Account shall be considered the date of execution of these Clauses.
Role: processor
B. DESCRIPTION OF TRANSFER
1. Categories of data subjects whose personal data is transferred:
The data exporter’s employees, contractors, users and other persons whose personal data the data exporter decides to provide to the processor in the context of the performance of the services provided to it by the data importer.
2. Categories of personal data transferred:
Personal data provided by the data exporter to the data importer in the context of the performance of services by the data importer, including but not limited to, employees’/contractors’ registration data, Spark’s services usage data, namely, the Personal Data provided in the data exporter’s files (documents, profiles, questionnaires, email contents and attachments) and the data exporter’s use of the data importer’s App and Website.
3. Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved:
Personal data provided by the data exporter to the data importer in the context of the performance of services may contain special categories of data under the GDPR, depending on how the data exporter uses the data importer’s services and whether the data exporter decides to share special categories of personal data with the data importer.
4. The frequency of the transfer:
The data can be transferred on a one-off or continuous basis, depending on the processing activity.
5. Nature of the processing:
The data importer handles personal data provided by the data exporter. The data importer may also collect personal data directly from the data subjects, including the data subjects who contact the data exporter or its representatives and third parties or are contacted by them via emails while not owning an account with the data importer's application.
6. Purpose(s) of the data transfer and further processing:
The purpose of the data processing under these Clauses is the performance of the services for the data exporter by the data importer under the service agreement concluded between the data exporter and the data importer.
7. The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period:
The personal data shall be stored for the duration of this DPA concluded between the data importer and the data exporter, unless otherwise agreed in writing or the data importer is required by applicable law to retain some or all of the transferred personal data.
8. For transfers to (sub-) processors, also specify the subject matter, nature and duration of the processing:
subject matter: the performance of services
nature: collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, alignment or combination, restriction, erasure or destruction.
duration: the performance of the services for the data importer by the (sub-) processor under the service agreement concluded between the data importer and (sub-) processor
C. COMPETENT SUPERVISORY AUTHORITY
In accordance with Clause 13, the competent supervisory authority under these Clauses is the Data Protection Commission (Ireland).
Annex II
TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA
Description of the technical and organisational measures implemented by the data importer(s) to ensure an appropriate level of security, taking into account the nature, scope, context and the purpose of the processing, and the risks for the rights and freedoms of natural persons:
The data importer is committed to preserving the confidentiality, integrity, availability and resilience of all the personal data in question throughout the data importer processing activities and ensuring that personal data are protected against loss and destruction by implementing appropriate internal information security procedures as described in Schedule 2 of this DPA.
Annex III
LIST OF SUB-PROCESSORS
The list of sub-processors for the Spark Application is specified in Schedule 3 of this DPA.