Prefinery Data Processing Amendment (DPA)
Effective date: May, 2018
Introduction to this Amendment
Processing personal data in a secure, fair, and transparent way is extremely important to us at Prefinery. As part of this effort, we process personal data in accordance with the EU's General Data Protection Regulation ("GDPR"), the EU/US Privacy Shield principles ("Privacy Shield"), the laws of the US governing the handling of various types of personal data, and industry standards.
To better protect individuals' personal data, we are providing these terms to govern Prefinery's and your handling of personal data (the "Data Processing Amendment" or "DPA"). This DPA amends and supplements your Terms of Service and requires no further action on your part.
If you do not agree to this DPA, you may discontinue the use of the Prefinery service and cancel your account.
It is important that all parties understand what data and whose data is protected under this DPA. Each party has respective obligations to protect personal data; therefore, the following definitions explain the scope of this DPA and the mutual commitments to protect personal data.
"Prefinery", "we", "us", or "our" refers to the provider of the Prefinery website and services, (collectively referred to as the "Prefinery Service.").
"You" or "Customer" refers to the company or organization that signs up to use the Prefinery Service to manage the relationships with your consumers or service users.
"Party" refers to Prefinery and/or the customer depending on the context.
"Personnel" refers to those individuals who are employed by or are under contract to perform a service on behalf of one of the parties. Personnel may have rights in their personal data (including business contact information) if they reside in the EU. It is important to be clear about how personnel's rights are protected.
"Data Subjects" refers to those individuals residing in the EU who are consumers or users of a Prefinery Customer's goods or services (also "consumers"), as well as any personnel who reside in the EU.
"Personal Data" is given the same meaning as in the GDPR which we summarize here as: any data relating directly or indirectly to an identifiable data subject. Personal data does not include any data that is anonymized, aggregated, de-identified and/or compiled on a generic basis and which does not name or identify a specific individual, directly or indirectly.
"Sensitive Personal Data" means any of the following: (i) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards ("PCI DSS"); (ii) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act ("HIPAA"); or (iii) any other personal data of an EU citizen deemed to be in a "special category" (as identified in EU Data Protection Directive 95/46/EC or any successor directive or regulation).
"Processing" is given the same meaning as in the GDPR, which we summarize as including: collecting, recording, using, storing, amending, adapting, disclosing, transferring or transmitting, structuring, using, combining, deleting or destroying, personal data ("Process" and "Processed" shall have similar meanings).
"Controller" is given the same meaning as in the GDPR, which we summarize as the party that determines the purposes and means of the processing of personal data – the customer is the controller with respect to consumer personal data. Each party may be the controller of personal data it processes about the other's personnel.
"Processor" is the party that processes personal data on behalf of the controller – Prefinery is the processor of the personal data we process about your consumers.
"Sub-processor" is a Third-party, independent contractors, vendors and suppliers who provide specific services and products related to the Prefinery website and our services, such as hosting, credit card processing and fraud screening, customer support, email delivery and mailing list hosting ("third-party" or "outside contractor" shall have similar meanings).
"Incident" means: (a) a complaint or a request with respect to the exercise of an individual's rights under the GDPR; (b) an investigation into or seizure of the personal data by government officials, or a specific indication that such an investigation or seizure is imminent; or (c) any breach of the security and/or confidentiality as set out in this DPA leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the personal data, or any indication of such breach having taken place or being about to take place.
For the sake of readability, we do not use initial capitalization of defined terms in this DPA. Defined terms are defined terms, irrespective of their format.