Data processor agreement
This document, known as the Data Processor Agreement and hereafter referred to as the “DPA” amends the Upchannel Terms of service, hereafter referred to as the “Agreement”, between you and Upchannel ApS, a company registered in Denmark with company number 38 60 51 78 whose registered office is at Lysholt Allé 3, DK-7100 Vejle.
1. In this agreement, the following definitions apply:
a) The “Company” means Upchannel Aps.
b) “Data Protection Legislation” means specifically European Directives 95/46/EC, 2002/58/EC, The General Data Protection Regulation, Regulation (EU) 2016/679 and any regulation or directive implementing or made pursuant to the aforementioned directives and regulations or any regulation or directive which amends or replaces them.
c) “Data Processor”, “Data Subject”, “Processor”, “Processing”, “Subprocesor” and “Supervisory Authority” shall be interpreted in accordance with the applicable Data Protection Legislation.
d)”Personal Data” means information relating to an identifiable or identified Data Subject who visits your website or places an order through it, hereafter referred to as a “Customer”. Personal Data does not include information that the Company processes in the context of any services that it provides directly to a consumer.
2. Where a Data Subject is located within a member state of the European Economic Area and/or the United Kingdom, that Data Subject’s Personal Data will be Processed by the Company.
3. In the course of providing you with the Service, you acknowledge and agree that the Company will use a number of Sub-Processors to Process the Personal Data of Data Subjects, without prior notice to you and without your consent to do so.
4. Where the Personal Data of Data Subjects is processed, the Company will;
a) Process that Personal Data in the capacity of a Data Process, as defined by the Data Protection Legislation
b) Process that Personal Data in accordance with the Data Protection Legislation
c) Notify you if we receive any enquiry or complaint from any Data Subject or Supervisory Authority relating to the Processing of that Personal Data, to the extent permitted by law
d) Implement and maintain the appropriate technical and organisational measures necessary to protect that Personal Data against any and all unauthorised or unlawful access, theft, processing, loss, destruction, damage, alteration or accidental disclosure. Such measures may be varied, from time to time, as the Company sees fit and necessary in order to provide the Service
e) Notify you promptly and in accordance with the Data Protection Legislation, should the Company become aware off any accidental, unauthorised or unlawful processing of, disclosure of, or access to the Personal Data
f) Ensure that any and all personnel of the Company or the Sub-Processors named in term (3) are subject to suitable confidentiality obligations that restrict their lawful ability to disclose Personal Data of Data Subjects to any third party outside of any of the organisations named in term (3) or the Company
g) Upon termination of the Agreement, the Company will promptly initiate its purge process where instructed to permanently and irrecoverably delete or otherwise anonymise the Personal Data it holds in relation to the provision of the Service to you.
5. Where any conflict or inconsistency arises between the provisions of the DPA and the Agreement, the provisions of this DPA shall prevail.
6. The Company reserves the right to amend this DPA from time to time, at any time, by posting the relevant amended and restated DPA on the Upchannel Website or by other written notice to you, either by email or by post.
7. Where this DPA is amended in accordance with term (6), any amendment will apply immediately to the contract between us and you hereby agree and acknowledge to that fact and agree that the continued use of the Service will constitute agreement to the amendments.
8. Should any term, warranty or condition, or any part of any term, part of any warranty, or part of any condition, be found to be unenforceable or contrary to the law of Denmark, the Customer hereby agrees that it shall not affect the validity or enforceability of the rest of this DPA or the rest of the term, warranty or condition.
9. This DPA constitutes the entire agreement between the parties with relation to the Data Protection Legislation. It supersedes and excludes all prior written or oral representations or warranties made by the Company to the Customer in respect of any of the terms or provisions contained herein.