Data Processing Agreement
Last Modified on January 1, 2022
This Data Processing Terms (“DPA”) forms part of the Terms of Service entered into between JobSync LLC and you that incorporates this DPA by reference (the “Terms”), and governs the Processing of Personal Information by JobSync in providing its JobSync automation service (the “Service”) pursuant to the Terms of Service.
1.1 “Data Protection Legislation” means the GDPR (as defined below), together with any national implementing laws in any Member State of the European Union or, to the extent applicable, in any other country, as amended, repealed, consolidated or replaced from time to time.
1.2 “GDPR” means the General Data Protection 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.
1.3 “Processing”, “Processor”, “Data Subject”, “Data Breach”, “Supervisory Authority”: Have the meaning given to that term by the GDPR.
1.4 “Personal Information” means personal data (as defined under the Data Protection Legislation) that are subject to the Data Protection Legislation and that you authorize JobSync to collect in connection with JobSync’s provision of the Service under the Terms.
1.5 “Security Incident” means a breach of security of the Service or JobSync’s systems used to Process Personal Information leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Information transmitted, stored or otherwise Processed by JobSync in the context of this DPA.
1.6 “Sensitive Information” means Personal Information revealing a Data Subject’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life or sexual orientation.
2. Limitations on Use.
JobSync will Process Personal Information solely on your behalf and in accordance with the Terms, this DPA and any other documented instructions from you (whether in written or electronic form), or as otherwise required by applicable law. JobSync is hereby instructed to Process Personal Information to the extent necessary to enable JobSync to provide the Service in accordance with the Terms. In case JobSync cannot process Personal Information in accordance with your instructions due to a legal requirement under any European Union or Member State law to which JobSync is subject, JobSync shall (i) promptly notify you in writing (including by e-mail) of such legal requirement before carrying out the relevant Processing, to the extent permitted by the applicable law; and (ii) cease all Processing (other than merely storing and maintaining the security of the affected Personal Information) until such time as you provides JobSync with new instructions. you will be responsible for providing any necessary notices to, and obtaining any necessary consents from, Data Subjects whose Personal Information is provided by you to JobSync for Processing pursuant to this DPA. You acknowledge that the Service are not intended or designed for the Processing of Sensitive Information, and you agree not to provide any Sensitive Information through the Service.
JobSync shall implement, and maintain throughout the term of the DPA at all times in accordance with then current good industry practice, appropriate technical and organizational measures to protect Personal Information in accordance with Article 32 of the GDPR. On request, JobSync shall provide you with a written description of the security measures being taken. The Service provides reasonable technical and organizational measures that have been designed, taking into account the nature of its Processing, to assist you in securing Personal Information Processed by JobSync. JobSync will also assist you with conducting any legally required data protection impact assessments (including subsequent consultation with a supervisory authority), if so required by the Data Protection Legislation, taking into account the nature of Processing and the information available to JobSync. JobSync may charge a reasonable fee for any such assistance, as permitted by applicable law.
JobSync will ensure that its personnel authorized to process Personal Information is subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
5. Data Subject Requests.
You are responsible for handling any requests or complaints from Data Subjects with respect to their Personal Information Processed by JobSync under this DPA. JobSync will notify you promptly and in any event no more than fifteen (15) business days’ notice, unless prohibited by applicable law, if JobSync receives any such requests or complaints. The Service include technical and organizational measures that have been designed, taking into account the nature of its Processing, to assist customers, insofar as this is possible, in fulfilling their obligations to respond to such requests or complaints.
6. Regulatory Investigations.
At your request, JobSync will assist you in the event of an investigation by a competent regulator, including a data protection regulator or similar authority, if and to the extent that such investigation relates to the Processing of Personal Information by JobSync on your behalf in accordance with this DPA. JobSync may charge a reasonable fee for such requested assistance except where such investigation arises from a breach by JobSync of the Terms or this DPA, to the extent permitted by applicable law.
7. Security Incident.
In the event that JobSync becomes aware of a Security Incident, JobSync will notify you promptly and in any event no later than forty-eight (48) hours after JobSync discovers the Security Incident. In the event of such a Security Incident, JobSync shall provide you with a detailed description of the Security Incident and the type of Personal Information concerned, unless otherwise prohibited by law or otherwise instructed by a law enforcement or supervisory authority. Following such notification, JobSync will take reasonable steps to mitigate the effects of the Security Incident and to minimize any damage resulting from the Security Incident. At your request, JobSync will provide reasonable assistance and cooperation with respect to any notifications that you are legally required to send to affected Data Subjects and regulators. JobSync may charge a reasonable fee for such requested assistance.
You agree that JobSync may disclose Personal Information to its subcontractors for purposes of providing the Service (“Sub-Processors”), provided that JobSync (i) shall enter into an agreement with its Sub-Processors that imposes on the Sub-Processors obligations regarding the Processing of Personal Information that are at least as protective of Personal Information as those that apply to JobSync hereunder, including requiring the Sub-Processors to only process Personal Information to the extent required to perform the obligations sub-contracted to them, and (ii) shall remain fully liable for all obligations subcontracted to, and all acts and omissions of, the Sub-Processors. JobSync’s current list of Subprocessors is located at https://www.jobsync.io/providers. JobSync will inform you of any intended changes concerning the addition or replacement of Sub-Processors and you will have an opportunity to object to such changes on reasonable grounds within ten (10) business days after being notified of the engagement of the Sub-Processor. If you object to a new Sub-processor, as permitted in the preceding sentence, JobSync will use reasonable efforts to make available to you a change in the Service or recommend a commercially reasonable change to your configuration or use of the Service to avoid Processing of Personal Data by the objected-to new Subprocessor without unreasonably burdening you. If JobSync is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, either party may terminate the component of the Service which cannot be provided by JobSync without the use of the objected-to new Sub-processor by providing written notice to the other party. JobSync will refund you any prepaid fees covering the remainder of the term of your subscription following the effective date of termination with respect to such terminated component of the Service, without imposing a penalty for such termination on you.
9. Data Transfers.
In connection with the performance of the Terms, you authorize JobSync to transfer Personal Information to the United States. You and JobSync will enter into Standard Contractual Clauses for the Transfer of Personal Data to Processors Established In Third Countries pursuant to Commission Decision 2010/87/EU of 5 February 2010 Countries.
JobSync shall make available to you all information necessary to demonstrate compliance with the obligations laid down in this DPA and allow for and contribute to audits, including inspections, conducted by you or an auditor mandated by you. JobSync shall immediately inform you if, in its opinion, an instruction infringes the Data Protection Legislation.
11. Return or Disposal.
Upon termination of your User Account for any reason, JobSync will return or destroy Personal Information at your request and choice.