Data Processing Agreement

This document is the Data Processing Agreement (“DPA”) of Ltd, and it is prepared pursuant to Article 28 of the EU General Data Protection Regulation (“GDPR”) and it is a legally binding agreement between Ltd and You, the User of the Online Solution.

It is recommended that You read this document carefully, together with our:

  • Online Solution - Terms and Conditions (the Main Agreement);
  • Online Solution - Privacy Policy;
  • any other legally binding document signed between You and Ltd for the provision of the Online Solution;
  • our GDPR Compliance Statement;
  • our documents contained in the latest version of our Security Package.
  • Note 1

    You can download and get a signed copy of this DPA.

  • Note 2

    You understand that we may make any reasonable changes to the provisions below in order to reflect changes in the GDPR or other relevant laws and/or identity changes to our business operations and we will notify you for any major changes.

  • Note 3

    You can contact our or if you have any questions on this DPA.

Version: 2.2

Last update: 01/11/2022

Effective date: 01/11/2022

1. Definitions

1.1. In addition to the terms defined elsewhere in this Agreement and the Main Agreement, for all the purposes of the subject matter hereof, the terms included in Annex 1 (the “Definitions”) herein shall have the meanings set forth therein.

1.2. The Parties mutually agree and understand that for the purposes of this Agreement, all the definitions of the European Data Protection Laws are adopted.

2. Responsibilities of You

2.1. In line with the provisions of this DPA and Main Agreement, You are responsible to comply as Data Controller with all requirements applicable to your operations under applicable Data Protection Laws, for the Processing of Personal Data.

2.2. You agree and acknowledge that, without prejudice to the generality of the below; that you are responsible for: (i) the accuracy, quality and legality of the Personal Data provided by You to the Company for the purposes of the Services as well as the means and methods of acquiring that; (ii) compliance with with all necessary transparency and lawfulness requirements under applicable Data Protection Laws, including European Data Protection Laws; (iii) for the collection and use of the Personal Data, including obtaining any necessary consents and authorizations, particularly for use by the User for marketing purposes; (iv) ensuring that You have the right to transfer or provide access to, the Personal Data to us for Processing in accordance with the terms of this DPA and Main Agreement; (v) ensuring that You comply with any laws applicable to You, including but not limited to Data Protection Laws, for any emails or other content created, sent or otherwise managed through our Services.

2.3. You hereby confirm and agree to inform the Company promptly and without any undue delay, if You are not able to comply with your obligations herein, and specifically under the applicable Data Protection Laws.

2.4. You hereby acknowledge and understand that the provisions herein and any relevant provisions of the Main Agreement and any additional written request under Your capacity as a Data Subject; shall constitute the complete and final Instructions of You as Data Controller for the purposes of this DPA for and in relation to the Processing of Your Personal Data.

2.5. You hereby acknowledge, understand and agree that, any additional Instructions outside the scope herein, shall require Your prior written request.

3. Responsibilities of the Company

3.1. The Company shall only Process Personal Data for the purpose of described in this DPA and in line with Annex 2 herein (the “Details of Processing”) or as otherwise agreed within the scope of your lawful Instructions, except where and to the extent otherwise required by the Data Protection Laws, including but not limited to European Data Protection Laws and other applicable laws and regulations relevant to the Parties.

3.2. The Company shall not be held responsible and liable for compliance with applicable Data Protection Laws which apply solely to You and/or Your industry and are not legally applicable to Ltd’s operations.

3.3. The Company shall notify You immediately and without any undue delay, to the extent permitted by law; where it is deemed the latter is unable to Process Personal Data in accordance with the provisions of this DPA and due to legal requirements of applicable laws and/or regulations.


3.4. By considering the state of art, the costs of implementing and the nature, scope, context and purposes of Processing of Personal Data pursuant to the provisions of this DPA, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons; the Company shall implement and maintain appropriate technical and organisational measures to ensure the appropriate level of security to that risk, as per provisions of Annex 3 herein (collectively the “Security Measures”).

3.5. The Company shall ensure that the Security Measures form part of its implemented Information Security Management System (the “ISMS”), in line with the ISO/IEC 27001:2013 standard and issued certificate by an accredited certifying body.

3.6. Notwithstanding any provision to the contrary, the Company may modify or update the Security Measures at our discretion provided that such modification or update does not result in a material degradation in the protection offered by the Security Measures and/or comply with relevant laws and legal obligations.


3.7. The Company hereby ensures that any worker or appointed person authorised to Process Personal Data for and on our behalf is subject to appropriate confidentiality obligations, contractual and statutory obligations with respect to that Personal Data.

Personal Data Breaches

3.8. The Company hereby agrees to notify prompt and without undue delay once becoming aware of any Personal Data Breach, following the provisions of applicable Data Protection Laws and where necessary provide You with information as it becomes known or reasonably requested by You.

3.9. The Company hereby agrees to promptly provide You with such reasonable assistance as necessary to enable notifying relevant Personal Data Breaches to competent authorities and/or affected Data Subjects, pursuant to the applicable Data Protection Laws and subject to your written request.

Delection or Return of Personal Data

3.10. The Company hereby agrees to delete or return to You all Personal Data relating to the Main Agreement and this DPA, including but not limited to copies of Personal Data which was Processed for the purpose of this DPA, on termination or expiration of Services, in line with the relevant provisions of the Main Agreement.

3.11. The requirement herein shall be exercised pursuant to any applicable law which may require to retain some or all Personal Data, subject to additional security measures such as isolation and protection from further Processing.

4. Data Subject Requests

4.1. You hereby acknowledge, agree and accept that the Company shall provide You with controls in the Software via which You can retrieve, correct, delete or restrict Personal Data in order to assist You in connection with the requirements of Data Protection Laws.

4.2. The Company may, subject to a written request by You, provide reasonable assistance for responding to any Data Subject Requests or requests from Data Protection Authorities relating to the Processing of Personal Data under this DPA, subject to any reimbursement deemed necessary.

4.2. You undertake the whole, exclusive and sole responsibility to respond to Data Subject Request(s) or other communication regarding the Processing of Personal Data from individual(s) who is/are identified as Your client and may be addressed to the Company, subject to prompt notification of such a request from us to You.

5. Sub-Processors

5.1. You hereby acknowledge, agree, accept and authorise the appointment of the Sub-Processors for the Process of Personal Data pursuant to this DPA and Main Agreement included in Annex 4 herein, the Sub-Processors’ List.

5.2. The Company hereby ensures that where a Sub-Processor is appointed, the relevant legal agreement to be concluded between those shall include appropriate data protection terms subject to appropriate Data Protection Laws and impose at least the same level of protection for Personal Data, as the provisions of this DPA and where deemed necessary, include the last version of Standard Contractual Clauses, as issued by the European Commission.

5.2. The Company shall remain responsible for each Sub-Processor’s compliance with the obligations of this DPA and and for any acts or omissions of such Sub-Processor that cause us to breach any of its obligations under this DPA.

6. Data Transfers

6.1. You hereby acknowledge, consent and authorise the Company, subject to provisions herein; to perform necessary Data Transfers for internal and external business operations to third parties identified as Sub-Processors herein which may be located outside the EU and/or the EEA.

6.2. Pursuant to clause 6.1. above, both Parties hereby confirm and agree that any Data Transfers will be performed solely for the purpose of the Main Agreement, this DPA and any additional written Instructions communicated from You to the Company, only for the subject matter.

6.3. The Partie hereby mutually agrees that pursuant to clause 6 herein, the Company shall perform any and all Data Transfers subject to the provisions of Chapter 5 (Article 44-50) of the GDPR and always in compliance with the requirements of applicable Data Protection Laws for the duration of this DPA and the Main Agreement.

6.4. Pursuant to clause 6.3 above, the Company shall not not perform any Data Transfer of European Data to any country or recipient not recognised as providing an adequate level of protection for Personal Data, in accordance with the provisions of the European Data Protection Laws; unless such measures are first taken to ensure the transfer is in compliance with applicable European Data Protection Laws.

Adequate Level of Protection

6.5. Pursuant to clause 6.4 above, the Company shall not authorise any Data Transfer to a country which is not recognized as providing an adequate level of protection via:

6.5.1. a valid Adequate Decision issued by the European Commission, subject to Article 45 of the GDPR and as this may be illustrated at the official website of the European Commission (Adequacy Decisions);

6.5.2. approved and authorised Binding Corporate Rules, subject to Article 47 of the GDPR;

6.5.3. conclusion and reliance on approved Standard Contractual Clauses, subject to relevant European Data Protection Laws and as per the official website of the European Commission (Standard Contractual Clauses (SCC)).

6.6. The Parties hereby acknowledge and agree that shall not rely on the EU-US Privacy Shield and related principles for the purposes of transferring Personal Data and ensure appropriate measures are taken to comply with applicable Data Protection Laws as may be amended from time to time.

7. Standard Contractual Clauses for the Parties

7.1. The Parties hereby agree that where they should conclude Standard Contractual Clauses for the pursuant to the Main Agreement for the provision of Services and as part of this DPA, the provisions of Annex 5 herein shall apply as may be automatically amended to reflect any changes to the European Data Protection Laws.

7.2. Pursuant to Clause 7.1. The Parties hereby mutually understand and agree that the Company undertakes the rights and obligations of the Data Importer and You the rights and obligations of the Data Exporter, as defined in the Standard Contractual Clauses and those shall come into effect on the later of either Party becoming a party to them and the commencement of the relevant data transfer.

7.2. The Parties hereby mutually agree that where the Standard Contractual Clauses are applicable and there is a conflict with any provision of this DPA, the Standard Contractual Clauses will prevail to the extent of such conflict for the subject matter.

8. Additional Provisions

European Data

8.1. This part of the DPA applies to European Data for the purposes of the Main Agreement.

8.2. The Parties hereby agree that when Processing European Data in accordance with the Instructions, You are the Controller of European Data and Ltd is the Processor.

8.3. reserves the right to inform You where Instructions infringes European Data Protection Laws, as and when applicable, without undue delay.

8.2. The Company will make any necessary changes to Annex 4 regarding the appointed Sub-Processors and give you the opportunity to be notified via email in which case You have the opportunity to object to the engagement on reasonable grounds relating to this DPA and within 30 (thirty) days after such notification.

8.5. The Company shall, to the extent that the required information is reasonably available and you do not otherwise have access to the required information; provide reasonable assistance to You with any Data Protection Impact Assessments (“DPIA”), and prior consultations with Supervisory Authorities or other competent Data Privacy Authorities to the extent required by European Data Protection Laws.

8.6. shall make all information reasonably necessary to demonstrate compliance with provisions herein, available to You and may allow for audits including but not limited to inspections.

8.7. The Data Processor has appointed a Data Protection Officer (“DPO”) in line with the European Data Protection Laws and can be contacted for the purposes of this DPA and Main Agreement via email:

Other Data

8.8. This part of the DPA applies to Personal Data other than European Data, under the provisions of applicable Data Protection Laws.

8.9. The Parties agree that Ltd shall Process such Personal Data strictly in accordance with applicable Data Protection Laws and solely for the purposes of providing the Services under the provisions of the Main Agreement.

8.10. The Parties shall enter into any additional agreements required by law for the purpose complying with the applicable Data Protection Laws.

9. Parties to the DPA

9.1. By signing the Main Agreement, You as a User of the System enter into this DPA on behalf of Yourself and where applicable and to the extent permitted by law and applicable Data Protection Laws, in the name and on behalf of Your Permitted Affiliates, establishing a separate DPA between us and each such Permitted Affiliate subject to the Agreement and provisions herein.

9.2. You hereby agree and acknowledge that each Permitted Affiliate agrees to be bound by the obligations of this DPA and as applicable to the Main Agreement.

9.3. You hereby agree and acknowledge that to the extent permitted by law, for the purposes of this DPA and except as otherwise provided herein, “User”, “You” and “Your” will include You and such Permitted Affiliates.

9.4. The legal entity agreeing to this DPA as User represents that it is authorized to agree to and enter into this DPA for and on behalf of itself and, as applicable, each of its Permitted Affiliates.

10. General Provisions

10.1. This DPA will remain in force from the Effective Date and until the Data Controller or Data Processor terminates the Main Agreement, in line with applicable provisions and pursuant to provisions which shall remain valid irrespective of termination of the DPA and/or the Main Agreement.

10.2. This DPA may be terminated by either party with a 30 (thirty) days written notice, pursuant to the provisions of the Main Agreement and by cancelling the system in system settings.

10.3. Notwithstanding anything else to the contrary in this DPA and Main Agreement, reserves the right to make any updates and amendments to this DPA subject to any additional terms herein.

10.5. If any individual provisions of this DPA are determined to be invalid or unenforceable, the validity and enforceability of the other provisions of this DPA will not be affected.

10.5. Neither party may, without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under this Agreement.

10.6. The Parties and Permitted Affiliates' liability arising out of or related to this DPA in whole whether in contract, tort or under any other theory of liability, will be subject to the limitations and exclusions of liability set out in the Main Agreement.

10.7. The Parties hereby agree and accept the choice of the jurisdiction indicated in the Main Agreement in respect of this DPA.



Data Controller”: means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.

Data Protection Laws”: means all applicable worldwide legislation relating to data protection and privacy which applies to the respective Party in the role of Processing Personal Data in question under the Agreement, including without limitation: (1) the European Data Protection Laws; (2) the California Consumer Privacy Act of 2018 (“CCPA”); (3) the data protection and privacy laws of Australia and Singapore; (4) and other; in each case as amended, repealed, consolidated or replaced from time to time.

Data Subject”: means the individual to whom Personal Data relates.

Data Processor”: means a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Data Controller.

"Europe": means the European Union, the European Economic Area and/or their member states, Switzerland and the United Kingdom.

European Data”: means Personal Data that is subject to the protection of European Data Protection Laws, defined below.

"European Data Protection Laws": means data protection laws applicable in Europe, including: (1) Regulation 2016/679 - the EU General Data Protection Regulation ("GDPR"); (2) Directive 2002/58/EC - the Directive on privacy and electronic communications; (3) applicable national implementations of 1 and 2 points above; (4) any applicable national legislation that replaces or converts in domestic law the GDPR or any other law relating to data and privacy as a consequence of the United Kingdom leaving the European Union; in each case, as may be amended, superseded or replaced.

EU-US Privacy Shield”: the self-certification program operated by the U.S. Department of Commerce and approved by the European Commission, as may be amended, superseded or replaced.

Instructions”: any written, documented instructions issued by the Data Controller to the Data Processor, and directing the same to perform a specific or general action with regard to Personal Data, including, but not limited to, depersonalizing, blocking, deletion, making available.

"Permitted Affiliates": shall include any of Your Affiliates that is permitted to obtain the Services on your behalf, pursuant to the Main Agreement, but have not signed their own separate agreement with us and are not users and qualify as a Controller of Personal Data Processed by us, and can be subject to European Data Protection Laws.

Personal Data”: means any information relating to an identified or identifiable individual where such information is contained within the Account (as defined in the Main Agreement) and is protected as other personal information or personally identifiable information under applicable Data Protection Laws.

Personal Data Breach”: shall mean a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed by us and/or our Sub-Processors in connection with the provision of the Services but does not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.

Processing”: shall mean any operation or set of operations which is performed on Personal Data, encompassing the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction or erasure of Personal Data and the terms “Process”, “Processes” and “Processed” will be construed accordingly.

Services”: shall have the same meaning as in the Main Agreement.

Standard Contractual Clauses”: means the standard contractual clauses for Data Processors approved pursuant to the European Commission’s relevant decision and as included in Annex 5 herein which forms part of the Agreement and as may be amended, superseded or replaced.

Sub-Processor”: means any Data Processor engaged by us to assist fulfilling our obligations with respect to the provision of the Services under the Main Agreement and may include third parties, excluding any employee or consultant of Ltd.


Nature and Purposes of the Process: the Company will Process Personal Data as required for the purposes of providing the Online Solution as per the provisions of the Main Agreement and as may further be specified in additional documentation which forms part of the Main Agreement and DPA.

Duration of the Processing: subject to any provisions contained herein specifying otherwise, Processing of Personal Data shall occur for the duration of the Main Agreement, unless otherwise agreed in writing.

Categories of Data Subjects: pursuant to the provisions of the Main Agreement, Data Subjects shall include any type of User’s clients and therefore may vary by the system usage from the Data Controller.

Categories of Personal Data: pursuant to the provisions of the Main Agreement, categories of Personal Data may vary in accordance with the usage of the System and my cover the below:

Usage Data: company information, IP address, geographical location, browser type and version, operating system, referred source, length of visit, and page views and website navigation paths, as well as information about the timing, frequency and pattern of your system use.

Account Data: name, contact email address, profile photo, bio, other details to your profile information displayed in your Account.

Query Data: name, contact email address, other details you include in the communication means.

Financial data: such as your name, surname, contact details and transaction details which may contain personal data.

Other data which you may include in the Account.

Special Categories of Personal Data (where applicable): N/A

Processing Operations: include the standardised internal processes in which system users’ data are continuously or systematically collected, stored and used for the provision of the Services, in line with the Main Agreement.


1. This Annex 3 Security Measures forms part of the DPA and all capitalised terms, not otherwise defined herein, shall have the same meaning set forth in the Main Agreement.

2. The measures herein form part of the ISMS which shall be maintained in accordance with best practices and standards.


The Company has take appropriate measures to prevent unauthorised access to the System, network, applications and eventually Personal Data such as: (a) implementation and maintenance of Access Control Policies and Procedures as part of the internal Information Security Management System (“ISMS”); (b) following of access rules based on the “need-to-know” and “least privileged”; (c) restriction principles for direct access to databases.


The Company shall use appropriate encryption technologies to protect Personal Data and where applicable for data in transit (for all communications, between end-users and server).


The Company shall have in place an appropriate Record of Processing Operations, an Asset Handling Procedure and an Acceptable Use Policy all of which ensure that all information, including Personal Data are classified in accordance with its criticality and sensitivity to unauthorised access, disclosure or modification.


The Company has taken reasonable measures to ensure that its employees and contractors, which have access to Personal Data are aware of and adhere to the security and privacy policies and procedures.

The measures include: (a) background verification checks, such as criminal records checking for all employees and contractors with access to Personal Data; (b) conclusion of Non-Disclosure and Confidentiality Agreement and Data Processing Agreement for all employees and contractors; (c) participation in training and awareness programs by employees and contractors, focused on the protection of personal data, privacy and security.


The Company is committed to ensure that correct and secure facilities for the Processing of Personal Data by: (i) controlling the changes to the processing systems and facilities by implementing and maintaining procedures in line with the internal Change Management Policy;

(ii) performing regular back-ups and test of back-ups, by implementing and maintaining procedures in line with the internal Back-Up Policy; (iii) maintaining event logging with records of user activities, exceptions, errors and information security events; (iv) ensure clock synchronisation for all relevant Information Processing Systems.


The Company has implemented a Firewall Protection, an Intrusion Detection System and is regularly monitoring the Network Activity.


The Company performs software development and relevant support processes according to adopted secure system engineering principles such as: Security by design; Security testing shall be performed for any changes or new developments; Development/testing/production environments shall be separated.


The Company performs regular assessments of supplier services and acknowledges the responsibility to inform the Data Controller for any changes to the provision of Services pursuant to the Main Agreement.


The Company ensures a consistent approach to the management of privacy and security incidents, including communication on security breaches and weaknesses via: (a) the Business Continuity and Incident Management Procedures which is documented and tested regularly; and (b) the Personal Data Breach Notification Procedure which is documented and tested regularly.


The Company performs periodic assessments of risks to Personal Data and reviews the effectiveness of the implemented security policies and procedures.


Read this Annex 4 in conjunction with Clause 5 and other applicable provisions of the DPA.

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1. The latest version of the Standard Contractual Clauses available on the official website of the European Commission here is implemented and followed for the subject matter.

2. These Standard Contractual Clauses (“SCC”) form part of this Agreement, to the extent applicable to the Parties in accordance with the European Data Protection Laws.

3. For the purposes of this Agreement and the contractual relationship of the Parties, Module Two: Transfer between Controller to Processor is adopted.

Get the full signed version of our DPA - this will contain the full version of the latest SCC - here.