This Data Processing Addendum (DPA) is to be considered an integral part of the contractual relationship between Tenjin Online and its customers, as outlined in the Customer Terms of Service or any other relevant agreement governing the use of Tenjin Online’s services. Through this agreement, both parties, Tenjin Online and the Customer (referred to collectively as “you,” “your,” or “Customer”), acknowledge and establish their understanding regarding the handling of Personal Data, as defined by Privacy Law, by Tenjin Online on behalf of the Customer.
By utilizing the Services provided by Tenjin Online, the Customer implicitly accepts the terms outlined in this DPA. Furthermore, by agreeing to these terms, you agree that you possess the necessary authority to bind the Customer to this agreement. If you are unable or unwilling to adhere to these terms or lack the authority to bind the Customer or any other relevant entity, please refrain from providing any Personal Data to us.
DEFINITIONS
– “Order” refers to the specifications outlined in the Agreement.
– “Personal Data” encompasses both the data defined as “Your Data” in the Agreement and any other information that can directly or indirectly identify an individual, processed by Tenjin Online solely on behalf of the Customer as per this DPA and the Agreement.
– “Privacy Law” pertains to the legal frameworks concerning data protection, privacy, security, and related matters.
– “Services” encompass the Cloud Products described in the Agreement and any additional services offered to the Customer by Tenjin Online under the Agreement.
Regarding the processing of Personal Data:
– The parties recognize that the Customer may function as either a controller or processor concerning Personal Data, while Tenjin Online acts as a processor. The Customer designates Tenjin Online as a processor to handle Personal Data in accordance with the Customer’s instructions, as outlined in the Agreement and this DPA, and as necessary to fulfil legal obligations, including Privacy Law compliance.
– Tenjin Online assures that any affiliates or personnel authorized to handle Personal Data are bound by confidentiality obligations consistent with Tenjin Online’s obligations under the Agreement and this DPA.
For requests pertaining to data subjects:
– Should any third-party request concerning Personal Data be directed to Tenjin Online, Tenjin Online will promptly notify the Customer, unless legally prohibited, and will refrain from responding to such requests without the Customer’s prior consent, except where required by law.
Regarding sub-processors:
– The Customer grants Tenjin Online general authorization to engage sub-processors, subject to certain conditions outlined in this DPA, including restrictions on access to Personal Data and adherence to data protection obligations. Tenjin Online will notify the Customer of any new sub-processors, allowing the Customer an opportunity to object within a specified period.
For data security and audits:
– Tenjin Online commits to providing reasonable cooperation to the Customer regarding data protection assessments and audits. Additionally, Tenjin Online will delete or return Personal Data upon request, subject to legal retention obligations, and will maintain appropriate technical and organizational security measures as outlined in the Agreement and this DPA.
Concerning cross-border data transfers:
– Transfer mechanisms for Personal Data will be determined in accordance with applicable laws and regulations, with precedence given to specific transfer mechanisms agreed upon by the parties, including the EU Standard Contractual Clauses and the UK International Data Transfer Addendum.
Other provisions:
– In cases of conflicts between terms, the provisions of the EU SCCs or UK IDTA will prevail. Modifications to this DPA may be requested by either party with sufficient notice, particularly in response to changes in Privacy Law. Additionally, Tenjin Online reserves the right to amend this DPA, with notification provided to the Customer in case of material changes affecting their rights or Tenjin Online’s obligations.