Data Processing Addendum
Last Edited on 2018-05-25
This Data Processing Addendum (“DPA”) amends the Agreement (Terms of Service at https://backtrace.io/software-license-agreement/, Terms of Evaluation at https://backtrace.io/termsofevaluation/, or other Agreement) between Backtrace I/O (“Backtrace”) and the Customer. The purpose of this DPA is to reflect the parties’ agreement with regard to the processing of personal data in accordance with the requirements of Data Protection Legislation as defined below.
This DPA shall not replace or supersede any agreement or addendum relating to the processing of personal data negotiated by Customer and referenced in the Agreement, and any such individually negotiated agreement or addendum shall apply instead of this DPA.
In the course of providing the Application Services to Customer pursuant to the Agreement, Backtrace may process personal data on behalf of Customer. Backtrace agrees to comply with the following provisions with respect to any personal data submitted by or for Customer to the Application Services or collected and processed by or for Customer through the Application Services.
Capitalized terms which are not defined herein shall have the meaning provided in the Agreement. In addition, the following defined terms apply solely with respect to this DPA.
“Applicable Law” means any statute, regulation, executive order, and other rule or rules issued by a government office or agency that have binding legal force and are generally applicable to Personal Data or the provision of the Services with respect to Personal Data, including EU Regulation 2016/679 and the state and federal laws of the United States.
“data controller”, “data processor”, “data subject”, “personal data”, “processing”, and “appropriate technical and organizational measures” shall be interpreted in accordance with Applicable Law.
The parties agree that Customer is the data controller and that Backtrace is its data processor in relation to personal data that is processed in the course of providing the Application Services. Customer shall comply at all times with Data Protection Legislation in respect of all personal data it provided to Backtrace pursuant to the Agreement.
The subject-matter of the data processing covered by this DPA is the Application Services ordered by Customer either through Backtrace’s website or through an Ordering Document and provided by Backtrace to Customer, or as additionally described in the Agreement or the DPA. The processing will be carried out until the term of Customer’s ordering of the Application Services ceases. Further details of the data processing are set out in Appendix 1.
With respect of personal data processed in the course of providing the Application Services, Backtrace:
- shall process the personal data only in accordance with the documented instructions from Customer (as set out in this DPA or the Agreement or as otherwise notified by Customer to Backtrace (from time to time) If Backtrace is required to process the personal data for any other purpose provided by applicable law to which it is subject, Backtrace will inform Customer of such requirement prior to the processing unless that law prohibits this on important grounds of public interest;
- shall notify Customer promptly if, in Backtrace’s opinion, an instruction for the processing of personal data given by Customer infringes applicable Data Protection Legislation;
- shall implement and maintain appropriate technical and organisational measures designed to protect the personal data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorised or unlawful processing, accidental loss, destruction, damage or theft of the personal data and having regard to the nature of the personal data which is to be protected;
- may hire other companies to provide limited services on its behalf, provided that Backtrace complies with the provisions of this Clause. Any such subcontractors will be permitted to process personal data only to deliver the services Backtrace has retained them to provide, and they shall be prohibited from using personal data for any other purpose. Backtrace remains responsible for its subcontractors’ compliance with the obligations of this DPA. Any subcontractors to whom Backtrace transfers personal data will have entered into written agreements with Backtrace requiring that the subcontractor abide by terms substantially similar to this DPA. If Customer requires prior notification of any updates to the list of subprocessors, Customer can request such notification in writing by emailing email@example.com. Backtrace will update the list within thirty (30) days of any such notification if Customer does not legitimately object within that timeframe. Legitimate objections must contain reasonable and documented grounds relating to a subcontractor’s non-compliance with applicable Data Protection Legislation. If, in Backtrace’s reasonable opinion, such objections are legitimate, the Customer may, by providing written notice to Backtrace, terminate the Agreement.
- shall ensure that all Backtrace personnel required to access the personal data are informed of the confidential nature of the personal data and comply with the obligations sets out in this Clause;
- at the Customer’s request and cost (and in so far as is possible), shall assist the Customer by implementing appropriate and reasonable technical and organisational measures to assist with the Customer’s obligation to respond to requests from data subjects under Data Protection Legislation (including requests for information relating to the processing, and requests relating to access, rectification, erasure or portability of the personal data) provided that Backtrace reserves the right to reimbursement from Customer for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance;
- when the General Data Protection Regulation (Regulation (EU) 2016/279) comes into effect, shall take reasonable steps at the Customer’s request and cost to assist Customer in meeting Customer’s obligations under Article 32 to 36 of that regulation taking into account the nature of the processing under this DPA, provided that Backtrace reserves the right to reimbursement from Customer for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance;
- at the end of the applicable term of the Application Services, upon Customer’s request, shall securely destroy or return such personal data to Customer;
- may transfer personal data from the EEA to the US for the purposes of this DPA pursuant to the EU-US Privacy Shield provided that Backtrace maintains its certification under the EU-US Privacy Shield;
- shall allow Customer and its respective auditors or authorized agents to conduct audits or inspections during the term of the Agreement, which shall include providing reasonable access to the premises, resources and personnel used by Backtrace in connection with the provision of the Application Services, and provide all reasonable assistance in order to assist Customer in exercising its audit rights under this Clause. The purposes of an audit pursuant to this Clause include to verify that Backtrace is processing personal data in accordance with its obligations under the DPA and applicable Data Protection Legislation. Notwithstanding the foregoing, such audit shall consist solely of: (i) the provision by Backtrace of written information (including, without limitation, questionnaires and information about security policies) that may include information relating to subcontractors; and (ii) interviews with Backtrace’s IT personnel. Such audit may be carried out by Customer or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality. For the avoidance of doubt no access to any part of Backtrace’s IT system, data hosting sites or centers, or infrastructure will be permitted;
- If Backtrace becomes aware of any accidental, unauthorised or unlawful destruction, loss, alteration, or disclosure of, or access to the personal data that is processed by Backtrace in the course of providing the Application Services (an “Incident”) under the Agreement it shall without undue delay notify Customer and provide Customer (as soon as possible) with a description of the Incident as well as periodic updates to information about the Incident, including its impact on Customer Content. Backtrace shall additionally take action to investigate the Incident and reasonably prevent or mitigate the effects of the Incident;
- Backtrace shall provide information requested by Customer to demonstrate compliance with the obligations set out in this DPA.
Details of the Data Processing
Backtrace shall process information to provide the Application Services pursuant to the Agreement. Backtrace shall process information sent by Customer’s end users identified through Customer’s implementation of the Application Services. It is the Customer who makes the decision which data is sent to Backtrace for processing.
Types of Personal Data
- Computer diagnostic information, usually in the form of a minidump file.
- IP Address
- Email Addresses
- Full Names
- Operating System Identifiers
- Any other personal data the Customer chooses to send us related during the course of our provision of the Service and technical support
Categories of Data Subjects
Users of the Customer’s applications.
The provision of Application Services by Backtrace to Customer.