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Data Processing Addendum

Last updated: 2026-02-19 21:45:33 UTC · Commit: a142223

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ACTUALLY RELIABLE DATA PROCESSING ADDENDUM

This Data Processing Addendum, including its Schedules and Appendices (“DPA”), is incorporated into and forms part of the Actually Reliable Terms of Service and Privacy Policy, each as amended from time to time, or such other applicable written agreement between Actually Reliable LLC (“Actually Reliable”) and the customer (“Customer”) identified therein (“Agreement”), governing Customer’s use of Actually Reliable’s online services (“Services”). Capitalized terms not otherwise defined in this DPA carry the meanings given to them in the Agreement. Where any conflict arises between this DPA, any prior data processing addendum, and the Agreement, this DPA controls. Where any conflict or inconsistency exists between the body of this DPA and the UK Addendum and/or Standard Contractual Clauses (as applicable), the UK Addendum and/or Standard Contractual Clauses (as applicable) shall prevail.

Customer executes this DPA on its own behalf and, where required under applicable Data Protection Laws and Regulations, on behalf of its Authorized Affiliates. For purposes of this DPA only, references to “Customer” include Customer and all Authorized Affiliates.

This DPA sets out the parties’ agreement concerning the Processing of Personal Data. In performing the Services under the Agreement, Actually Reliable may Process Personal Data on Customer’s behalf, and both parties commit to the obligations set out below.

DATA PROCESSING TERMS

1. DEFINITIONS

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

“Authorized Affiliate” means any of Customer’s Affiliate(s) which (a) is subject to the data protection laws and regulations of the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom, (b) is permitted to use the Services pursuant to the Agreement between Customer and Actually Reliable but has not signed its own Agreement with Actually Reliable and is not a “Customer” as defined under the Agreement, and (c) qualifies as a Controller of Personal Data Processed by Actually Reliable.

“Controller” means the entity which determines the purposes and means of the Processing of Personal Data, and includes “business” as defined in the CCPA.

“Customer Data” means what is described in the Actually Reliable Privacy Policy, available at actuallyreliable.com/legal/privacy , as “your data”, “your information” or similar terms.

“Data Protection Laws and Regulations” means all laws and regulations applicable to the Processing of Personal Data under the Agreement, including, to the extent applicable, laws and regulations of the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom including the General Data Protection Regulation, Regulation (EU) 2016/679 ("GDPR"); the Swiss Federal Act on Data Protection ("FADP"); the United Kingdom Data Protection Act of 2018 ("UK GDPR"); and the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq. and associated regulations and amendments, including, when effective, the California Privacy Rights Act amendments ("CCPA") and the privacy laws of other U.S. states (collectively, “U.S. Privacy Laws”).

“Data Subject” means the identified or identifiable person to whom Personal Data relates.

“End Users” means Customer’s end users such as employees, contractors, or others that Customer invites to use an Actually Reliable Service via Customer’s account.

“Personal Data” means any information that is Customer Data and that relates to (i) an identified or identifiable natural person and/or (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data under applicable Data Protection Laws and Regulations).

“Processing” (including its various forms) means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

“Processor” means the entity that Processes Personal Data on behalf of the Controller and includes a “service provider” as defined under the CCPA.

“Security, Privacy and Architecture Documentation” means Actually Reliable’s security overview and related documentation, as updated from time to time and accessible at actuallyreliable.com/legal/security ; Actually Reliable’s Privacy Policy, as updated from time to time and accessible at actuallyreliable.com/legal/privacy ; and any other relevant documentation made reasonably available by Actually Reliable.

“Standard Contractual Clauses” means the contractual clauses annexed to the European Commission’s Implementing Decision 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, located at data.europa.eu/eli/dec_impl/2021/914/oj , and completed as set forth in Section 11 below.

“Subprocessor” means any Processor engaged by Actually Reliable.

“Supervisory Authority” means an independent public authority that is established by an EEA State pursuant to the GDPR, the UK’s Information Commissioner’s Office and/or the Swiss Federal Data Protection and Information Commissioner.

“UK Addendum” means the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses (available as of the Effective Date at ico.org.uk/media2/migrated/4019539/international-data-transfer-addendum.pdf ).

2. PROCESSING OF PERSONAL DATA

2.1. Roles of the Parties. The parties acknowledge and agree that with regard to the Processing of Personal Data, Customer is either a Controller or Processor of Personal Data and Actually Reliable is a Processor.

2.2. Customer’s Processing of Personal Data. Customer shall, in its use of the Services:

  • 2.2.1. Process Personal Data in accordance with the requirements of Data Protection Laws and Regulations. For the avoidance of doubt, Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations;
  • 2.2.2. have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquires Personal Data;
  • 2.2.3. have provided adequate notices to, and obtained valid consents from, any Data Subjects relating to the Processing (including the disclosure) of Personal Data by Customer and, as applicable, to cross-border transfers of such Personal Data; and
  • 2.2.4. shall not, by act or omission, cause Actually Reliable to violate any Data Protection Laws and Regulations, or notices provided to or consents obtained from Data Subjects as result of Processing the Personal Data.

2.3. Actually Reliable’s Processing of Personal Data.

2.3.1. Actually Reliable shall treat Personal Data as confidential information and shall only Process Personal Data: (1) to fulfill its obligations to Customer under the Agreement, including this DPA; (2) on behalf of Customer and in accordance with Customer’s documented instructions; and (3) in compliance with Data Protection Laws and Regulations. This DPA and the Agreement are Customer’s complete and final documented instructions to Actually Reliable for the Processing of Personal Data. Any additional or alternate instructions must be agreed upon separately. For the purposes of the UK Addendum and/or Standard Contractual Clauses (as applicable), the following is deemed an instruction by the Customer to process Personal Data: (i) Processing in accordance with the Agreement; (ii) Processing initiated by Customer and/or its End Users in their use of the Services; and (iii) Processing to comply with other reasonable documented instructions provided by Customer (e.g., via email) where such instructions are consistent with the terms of the Agreement and this DPA.

2.3.2. The subject matter of Processing of Personal Data by Actually Reliable is the performance of the Services pursuant to the Agreement. The duration of the Processing, the nature and purpose of the Processing, and the types of Personal Data and categories of Data Subjects Processed under this DPA are further specified in Schedule 1.

2.3.3. Without prejudice to section 2.3.1, Actually Reliable shall:

  • i. Not “sell” Personal Data or “share” Personal Data for purposes of “cross-context behavioral advertising” or “targeted advertising” as such terms are defined under U.S. Privacy Laws;
  • ii. Not attempt to (a) re-identify any pseudonymized, anonymized, aggregate, or de-identified Personal Data or (b) link or otherwise create a relationship between Customer Data and any other data, without Customer’s express authorization;
  • iii. Not retain, use, or disclose Personal Data outside of the direct business relationship between Customer and Actually Reliable;
  • iv. Comply with any applicable restrictions under U.S. Privacy Laws on combining Personal Data with personal data that Actually Reliable receives from, or on behalf of, another person or persons, or that Actually Reliable collects from any interaction between it and a data subject; and
  • v. Immediately notify Customer if Actually Reliable determines that (a) it can no longer meet its obligations under this DPA or Data Protection Laws and Regulations; (b) it has breached this DPA; or (c) in Actually Reliable’s opinion, an instruction from Customer infringes Data Protection Laws and Regulations.

2.3.4. Government Requests. Where legally permissible, Actually Reliable will notify Customer promptly upon receiving any governmental request for access to, or information about, Personal Data being Processed on Customer’s behalf. Actually Reliable will cooperate with Customer reasonably in responding to any such request. Where disclosure of a government request to Customer is prohibited by applicable law, Actually Reliable will notify Customer that continued compliance with Customer’s instructions is no longer possible — without specifying the reason — and will await further direction from Customer. Actually Reliable will exhaust all available legal mechanisms, including challenging any accompanying non-disclosure orders, when responding to national security demands for data access.

2.3.5. Actually Reliable shall provide reasonable assistance to and cooperation with Customer for Customer’s performance of a data protection impact assessment of Processing or proposed Processing of Personal Data, when required by applicable Data Protection Laws and Regulations, and at Customer’s reasonable expense.

2.3.6. Actually Reliable shall provide reasonable assistance to and cooperation with Customer for Customer’s consultation with regulatory authorities in relation to the Processing or proposed Processing of Personal Data, including complying with any obligation applicable to Actually Reliable under Data Protection Laws and Regulations to consult with a regulatory authority in relation to Actually Reliable’s Processing or proposed Processing of Personal Data.

2.3.7. Actually Reliable certifies that it understands its obligations under this DPA (including without limitation the restrictions under Section 2) and that it will comply with them.

3. DATA SUBJECT REQUESTS

Actually Reliable shall, to the extent legally permitted, promptly notify Customer if Actually Reliable receives a request from a Data Subject to exercise the Data Subject’s rights related to Personal Data under Data Protection Laws and Regulations, including the right of access, right to rectification, restriction of Processing, erasure (“right to be forgotten”), data portability; to object to the Processing, or to assert its right not to be subject to an automated individual decision making process ("Data Subject Request"). Taking into account the nature of the Processing, Actually Reliable shall assist Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Customer’s obligation to respond to a Data Subject Request under Data Protection Laws and Regulations. In addition, to the extent Customer, in its use of the Services, does not have the ability to address a Data Subject Request, Actually Reliable shall upon Customer’s request provide commercially reasonable efforts to assist Customer in responding to such Data Subject Request, to the extent Actually Reliable is legally permitted to do so and the response is required under Data Protection Laws and Regulations. To the extent legally permitted, Customer shall be responsible for any costs arising from Actually Reliable’s provision of such assistance.

4. ACTUALLY RELIABLE PERSONNEL

4.1. Confidentiality. Actually Reliable ensures that all staff involved in Processing Personal Data are made aware of its confidential nature, complete appropriate security and privacy training, and are bound by written confidentiality obligations that remain in force after their engagement with Actually Reliable ends.

4.2. Reliability. Actually Reliable takes commercially reasonable measures to assess and maintain the reliability of personnel who have access to Personal Data.

4.3. Limitation of Access. Access to Personal Data is restricted to personnel whose roles require it for the purpose of delivering the Services under the Agreement.

4.4. Questions. For questions about this DPA or any privacy-related matter, please contact us at dpa@actuallyreliable.com .

5. SUBPROCESSORS

5.1. Appointment of Subprocessors. Customer acknowledges and agrees that Actually Reliable may engage third-party Subprocessors in connection with the provision of the Services. Actually Reliable has entered into a written agreement with each Subprocessor containing data protection obligations not less protective than those in this DPA with respect to the protection of Personal Data, to the extent applicable to the nature of the Services provided by such Subprocessor.

5.2. List of Current Subprocessors and Notification of New Subprocessors. Actually Reliable shall make available to Customer the current list of Subprocessors for the Actually Reliable Services on Actually Reliable’s website at actuallyreliable.com/legal/subprocessors . Actually Reliable shall provide notification to the Customer of a new Subprocessor(s) before authorizing any new Subprocessor(s) to Process Personal Data in connection with the provision of the applicable Services.

5.3. Objection Right for New Subprocessors. Customer may object to Actually Reliable’s use of a new Subprocessor by notifying Actually Reliable promptly in writing within ten (10) business days after receipt of Actually Reliable’s notice of a new Subprocessor in accordance with Section 5.2. In the event Customer objects to a new Subprocessor, Actually Reliable may, at its option, use reasonable efforts to make available to Customer a change in the Services or recommend a commercially reasonable change to Customer’s configuration or use of the Services to avoid Processing of Personal Data by the new Subprocessor without unreasonably burdening the Customer. If Actually Reliable is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Customer may terminate with written notice to Actually Reliable the applicable Agreement solely with respect to Services that cannot be provided by Actually Reliable without use of the new Subprocessor. As of the effective date of termination, Actually Reliable will refund Customer any prepaid fees such terminated Services covering the remainder of the term and will not penalize Customer for such termination.

6. SECURITY

6.1. Controls for the Protection of Personal Data. Actually Reliable maintains appropriate technical and organizational measures designed to protect the security, confidentiality, and integrity of Personal Data against unauthorized or unlawful Processing, accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or unauthorized access. These measures are described in the Security, Privacy and Architecture Documentation. Actually Reliable will not materially reduce the overall level of security applicable to the Services during any active subscription term.

6.2. Third-Party Certifications and Audits. Upon written request from Customer at reasonable intervals, and subject to the confidentiality obligations in the Agreement, Actually Reliable will provide Customer with its most recent available third-party audit reports or security certifications, or where such documentation does not exist, a written summary of its current security practices. This provision does not apply where Customer or Customer’s designated auditor is a direct competitor of Actually Reliable.

6.3. Unauthorized Processing of Personal Data. Customer retains the right to take reasonable and appropriate steps to stop and remediate unauthorized Processing of Personal Data, including any Processing of Personal Data not authorized in this DPA.

7. PERSONAL DATA INCIDENT MANAGEMENT AND NOTIFICATION

Actually Reliable maintains security incident management policies and procedures as described in the Security, Privacy and Architecture Documentation. Upon becoming aware of any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to, Personal Data Processed by Actually Reliable or its Subprocessors (a “Personal Data Incident”), Actually Reliable will notify Customer without undue delay and in any event within 72 hours, in compliance with applicable Data Protection Laws and Regulations. Actually Reliable will take commercially reasonable steps to identify the root cause of the incident and remediate it to the extent within Actually Reliable’s reasonable control. Notification obligations under this section do not apply to incidents caused by Customer or Customer’s End Users.

8. RETURN AND DELETION OF PERSONAL DATA

Customer is responsible for exporting their data prior to termination of the Agreement. Upon termination of the Agreement, to the extent allowed by applicable law, Actually Reliable shall delete Personal Data in accordance with the procedures and timeframes specified in the Security, Privacy and Architecture Documentation.

9. AUTHORIZED AFFILIATES

9.1. Contractual Relationship. Each Authorized Affiliate agrees to be bound by the terms of this DPA and, to the extent applicable, the Agreement. Further, all access to and use of the Services by Authorized Affiliates must comply with the terms and conditions of the Agreement, and any violation of the terms and conditions of the Agreement by an Authorized Affiliate shall be deemed a violation by Customer. For the avoidance of doubt, an Authorized Affiliate is not and does not become a party to the Agreement by Customer entering into this DPA, and is only a party to the DPA.

9.2. Communication. Customer shall remain responsible for coordinating all communication with Actually Reliable under this DPA and be entitled to make and receive any communication in relation to this DPA on behalf of its Authorized Affiliates.

9.3. Rights of Authorized Affiliates. Where an Authorized Affiliate becomes a party to the DPA with Actually Reliable, it shall, to the extent required under applicable Data Protection Laws and Regulations, be entitled to exercise the rights and seek remedies under this DPA, subject to the following:

9.3.1. Except where applicable Data Protection Laws and Regulations require that the Authorized Affiliate exercise a right or seek any remedy under this DPA against Actually Reliable directly by itself, the parties agree that (a) only Customer shall exercise any such right or seek any such remedy on behalf of the Authorized Affiliate, and that (b) Customer shall exercise any such rights under this DPA in a combined manner for all of its Authorized Affiliates together (as set forth, for example, in Section 9.3.2, below), not separately for each Authorized Affiliate individually.

9.3.2. The parties agree that Customer shall, when carrying out an on-site audit of the procedures relevant to protecting Personal Data, take all reasonable measures to limit any impact on Actually Reliable and its Subprocessors by combining, to the extent reasonably possible, several audit requests carried out on behalf of different Authorized Affiliates in one single audit.

10. LIMITATION OF LIABILITY

To the extent permitted under applicable Data Protection Laws and Regulations, each party’s and all of its Affiliates’ liability arising out of or related to this DPA and all DPAs between Authorized Affiliates and Actually Reliable, whether in contract, tort or under any other theory of liability, is subject to the limitations of liability set forth in the Agreement, and such limitations apply to the aggregate liability of that party and all of its Affiliates under the Agreement and all DPAs together. For the avoidance of doubt, Actually Reliable’s and its Affiliates’ total liability for all claims from the Customer and all of its Authorized Affiliates arising out of or related to the Agreement and each DPA shall not be understood to apply individually and severally to Customer and/or to any Authorized Affiliate that is a contractual party to any such DPA.

11. INTERNATIONAL DATA TRANSFERS

11.1. Subject to the additional terms in Schedule 1, Actually Reliable makes available the Standard Contractual Clauses and the UK Addendum, which shall apply to any transfers of Personal Data under this DPA from the European Economic Area and/or their member states and Switzerland, and the United Kingdom, respectively, to countries which do not ensure an adequate level of data protection within the meaning of Data Protection Laws and Regulations of the foregoing territories, to the extent such transfers are made in connection with the Processing of Personal Data under the DPA and are subject to such Data Protection Laws and Regulations.

11.2. To the extent legally required, by signing the Agreement, Customer and Actually Reliable are deemed to have signed the Standard Contractual Clauses, which form part of this DPA and (except as described in Section 11.4 and 11.5 below) will be deemed completed as follows:

11.2.1. Module 2 of the Standard Contractual Clauses applies to transfers of Personal Data from Customer (as a Controller) to Actually Reliable (as a Processor) and Module 3 of the Standard Contractual Clauses applies to transfers of Personal Data from Customer (as a Processor) to Actually Reliable (as a Processor);

11.2.2. Clause 7 (the optional docking clause) is included;

11.2.3. Under Clause 9 (Use of sub-processors), the Parties select Option 2 (General written authorization);

11.2.4. Under Clause 11 (Redress), the optional language requiring that Data Subjects be permitted to lodge a complaint with an independent dispute resolution body shall not be deemed to be included;

11.2.5. Under Clause 17 (Governing law), the Parties choose Option 1 (the law of an EU Member State that allows for third-Party beneficiary rights). The Parties select the laws of Ireland;

11.2.6. Under Clause 18 (Choice of forum and jurisdiction), the Parties select the courts of Ireland;

11.2.7. Annex I(A) and I(B) (List of Parties) is completed as set forth in Schedule 1;

11.2.8. Under Annex I(C) (Competent supervisory authority), the Parties shall follow the rules for identifying such authority under Clause 13 and, to the extent legally permissible, select the Irish Data Protection Commission;

11.2.9. Annex II (Technical and organizational measures) is completed with Schedule 1 of this DPA; and

11.2.10. Annex III (List of subprocessors) is not applicable as the Parties have chosen General Authorization under Clause 9.

11.3. With respect to Personal Data transferred from the United Kingdom for which United Kingdom law (and not the law in any European Economic Area jurisdiction or Switzerland) governs the international nature of the transfer, the UK Addendum forms part of this DPA and takes precedence over the rest of this DPA as set forth in the UK Addendum. Undefined capitalized terms used in this provision shall mean the definitions in the UK Addendum. For purposes of the UK Addendum, they shall be deemed completed as follows: (a) the Parties’ details shall be the Parties and their affiliates to the extent any of them is involved in such transfer; (b) the Key Contacts shall be the contacts set forth in Schedule 1; (c) the Approved Standard Contractual Clauses referenced in Table 2 shall be the Standard Contractual Clauses as executed by the Parties; (d) either Party may end this DPA as set out in Section 19 of the UK Addendum; and (e) by entering into the Agreement, the Parties are deemed to be signing the UK Addendum.

11.4. For transfers of Personal Data that are subject to the FADP, the Standard Contractual Clauses form part of this DPA as set forth in Section 7 of this DPA, but with the following differences to the extent required by the FADP: (1) references to the GDPR in the Standard Contractual Clauses are to be understood as references to the FADP insofar as the data transfers are subject exclusively to the FADP and not to the GDPR; (2) references to personal data in the Standard Contractual Clauses also refer to data about identifiable legal entities until the entry into force of revisions to the FADP that eliminate this broader scope; (3) the term “member state” in Standard Contractual Clauses shall not be interpreted in such a way as to exclude Data Subjects in Switzerland from the possibility of suing for their rights in their place of habitual residence (Switzerland) in accordance with Clause 18(c) of the Standard Contractual Clauses; and (4) the relevant supervisory authority is the Swiss Federal Data Protection and Information Commissioner (for transfers subject to the FADP and not the GDPR), or both such Commissioner and the supervisory authority identified in the Standard Contractual Clauses (where the FADP and GDPR apply, respectively).

11.5. Copies of Subprocessor Agreements. The parties agree that copies of the Subprocessor agreements that must be provided by Actually Reliable to Customer pursuant to the applicable Standard Contractual Clauses or Controller to Processor Clauses, or Processor to Processor Clauses may have all commercial information or clauses unrelated to the applicable Standard Contractual Clauses, Controller to Processor Clauses, or Processor to Processor Clauses removed by Actually Reliable beforehand; and, that such copies will be provided by Actually Reliable, in a manner to be determined in its discretion, only upon request by Customer.

11.6. Processor to Processor Clauses. For purposes of the Processor to Processor Clauses, Customer agrees that it is unlikely that Actually Reliable will know the identity of Customer’s Controller(s) because Actually Reliable does not have a direct relationship with such Controller(s). Therefore, Customer will fulfill any and all of Actually Reliable’s obligations to Customer’s Controller(s) under the Processor to Processor Clauses.

11.7. Audits and Certifications. The parties agree that the audits described in the UK Addendum and/or Standard Contractual Clauses (as applicable) shall be carried out in accordance with Section 6.2 of the DPA.

11.8. Certification of Deletion. The parties agree that the certification of deletion of Personal Data that is described in the UK Addendum and/or Standard Contractual Clauses (as applicable) shall be provided by Actually Reliable to Customer only upon Customer’s request.

12. DPA EXECUTION

This DPA is incorporated into and forms part of the Agreement by reference. By entering into the Agreement, Customer agrees to the terms of this DPA. A separately executed DPA is available upon request by contacting dpa@actuallyreliable.com .

SCHEDULE 1

ANNEX I

A. LIST OF PARTIES

Data exporter(s):

Name: The entity identified as Customer in the DPA or such other agreement between Actually Reliable and Customer

Address: The address for the Customer associated with the Actually Reliable account

Contact person’s name, position and contact details: The contact details associated with the Actually Reliable account

Activities relevant to the data transferred under these Clauses: The activities specified in the DPA

Signature and date: By using Actually Reliable’s services to transfer data to Third Countries, the exporter will be deemed to have signed Annex I

Role (controller/processor): Controller, or in some instances Processor

Data importer(s):

Name: Actually Reliable LLC

Address: 6545 Market Ave. North, Suite 100, North Canton, Ohio 44721, USA

Contact person’s name, position and contact details: CEO, dpa@actuallyreliable.com

Activities relevant to the data transferred under these Clauses: Actually Reliable is a cloud-based software-as-a-service provider of email and help desk software which Processes Personal Data upon the instruction of the data exporter in accordance with the terms of the agreement between the data exporter and Actually Reliable.

Signature and date: By processing the data exporter’s data in accordance with the data exporter’s instructions, the data importer will be deemed to have signed this Annex I

Role (controller/processor): Processor

B. DESCRIPTION OF TRANSFER

Categories of data subjects whose personal data is transferred

Data exporter and/or data subjects (as directed by data exporter) may submit personal data to the Services concerning the following categories of data subjects:

  • Prospects, customers, business partners and vendors (who are natural persons) of data exporter;
  • Employees or contact persons of data exporter’s prospects, customers, business partners and vendors;
  • Employees, agents, advisors, independent contractors, members and/or freelancers of data exporter; and/or
  • Other categories of data subjects as expressly determined by the data exporter.

Categories of personal data transferred

Data exporter and/or data subjects (as directed by data exporter) may submit personal data to the Services, the type, extent and detail of which is determined and controlled by the data exporter and/or the data subject in its sole discretion.

Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures.

Data exporter and/or data subjects (as directed by data exporter) may submit Sensitive Data to the Services, the type, extent and detail of which is determined and controlled by the data exporter and/or the data subject in its sole discretion. Actually Reliable takes the security and privacy of data very seriously. The restrictions and safeguards that apply to all Personal Data, including any Sensitive Data, can be found in Actually Reliable’s Privacy Policy, accessible at actuallyreliable.com/legal/privacy , and security documentation, accessible at actuallyreliable.com/legal/security .

The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis).

Data exporter and/or data subjects (as directed by data exporter) may submit personal data to the Services either once, or on a continuous basis (for example by making changes to personal data) as determined and controlled by the data exporter and/or the data subject in its sole discretion.

Nature of the processing

Actually Reliable processes personal data only as necessary to perform the Services and only performs the type(s) of processing as instructed by the data exporter and/or data subject and only pursuant to the Agreement, the DPA and these Clauses.

Purpose(s) of the data transfer and further processing

The purposes of the processing are determined solely by the data exporter and/or data subject in its sole discretion.

The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period

Subject to any other terms allowing or requiring longer retention, and subject to Actually Reliable’s normal data retention policies, Actually Reliable only processes personal data for the duration of the Agreement, unless the data is deleted prior thereto by the data exporter and/or data subject.

For transfers to (sub-)processors, also specify subject matter, nature and duration of the processing

Actually Reliable transfers Personal Data to Subprocessors as listed at actuallyreliable.com/legal/subprocessors .

C. COMPETENT SUPERVISORY AUTHORITY

Identify the competent supervisory authority/ies in accordance with Clause 13

The competent supervisory authority will be determined in accordance with the GDPR and where possible, will be the Irish Data Protection Commission.

ANNEX II — TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA

The technical and organisational measures Actually Reliable applies to ensure an appropriate level of security — taking into account the nature, scope, context and purpose of the processing, and the risks to the rights and freedoms of natural persons — are described in Actually Reliable’s Privacy Policy, accessible at actuallyreliable.com/legal/privacy , and security documentation, accessible at actuallyreliable.com/legal/security .

Actually Reliable requires all Subprocessors that handle Personal Data to enter into data processing agreements obligating them to maintain protections that are equivalent to, or stricter than, those required of Actually Reliable under this DPA. A current list of our Subprocessors is available at actuallyreliable.com/legal/subprocessors .

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