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Data Processing Agreement | Customer.guru Home Features Pricing What is NPS? Shopify Plus Sign in Sign up for self-ruling Home Features Pricing What is NPS? Sign in Sign up for self-ruling Data Processing Agreement This Data Processing Agreement (the "DPA"), entered into by the Customer.guru consumer identified on the workable Customer.guru ordering document for Customer.guru services ("Customer") and the Customer.guru visitor identified on the ordering document ("Customer.guru"), governs the processing of personal data thatConsumeruploads or otherwise provides Customer.guru in connection with the services and the processing of any personal data that Customer.guru uploads or otherwise provides toConsumerin connection with the services. 1. DEFINITIONS "Customer Personal Data" ways Personal Data (i) thatConsumeruploads or otherwise provides Customer.guru in connection with its use of Customer.guru’s services or (ii) for whichConsumeris otherwise a data controller. "Data Controller" ways Customer. "Data Processor" ways Customer.guru. "Data Protection Requirements" ways the Directive, theUnstipulatedData Protection Regulation, Local Data Protection Laws, any subordinate legislation and regulation implementing theUnstipulatedData Protection Regulation, and all Privacy Laws. "Directive" ways the EU Data Protection Directive 95/46/EC. "EU Personal Data" ways Personal Data the sharing of which pursuant to this Agreement is regulated by the Directive, theUnstipulatedData Protection Regulation and Local Data Protection Laws. "General Data Protection Regulation" ways the European Union Regulation on the protection of individuals with regard to the processing of personal data and on the self-ruling movement of such data "Personal Data" ways information well-nigh an individual that (a) can be used to identify, contact or locate a specific individual, including data thatConsumerchooses to provide to Customer.guru from services such as write-in tracking systems (ATSs) or customer-relationships management (CRM) services; (b) can be combined with other information that can be used to identify, contact or locate a specific individual; or (c) is specified as "personal data" or "personal information" by workable laws or regulations relating to the collection, use, storage or disclosure of information well-nigh an identifiable individual. "Personal Data Breach" ways any willy-nilly or unlawful destruction, loss, alteration, unauthorized disclosure of, or wangle toConsumerPersonal Data. "Privacy Laws" ways all workable laws, regulations, and other legal requirements relating to (a) privacy, data security, consumer protection, marketing, promotion, and text messaging, email, and other communications; and (b) the use, collection, retention, storage, security, disclosure, transfer, disposal, and other processing of any Personal Data. "Process" and its cognates midpoint any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by streamlined means, such as collection, recording, organisation, structuring, storage, version or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, structuring or combination, restriction, erasure or destruction. "Subprocessor" ways any entity which provides processing services to Customer.guru in furtherance of Customer.guru’s processing on behalf of Customer. "Supervisory Authority" ways an self-sustaining public validity which is established by a European Union member state pursuant to Article 51 of theUnstipulatedData Protection Regulation. 2. NATURE OF DATA PROCESSING Each party agrees to process Personal Data received under the Agreement only for the purposes set along in the Agreement. For the avoidance of doubt, the categories of Personal Data processed and the categories of data subjects subject to this DPA are described in Schedule A to this DPA. 3. COMPLIANCE WITH LAWS The parties shall each comply with their respective obligations under all workable Data Protection Requirements. 4. CUSTOMER OBLIGATIONSConsumeragrees to: 4.1 Provide instructions to Customer.guru and determine the purposes and unstipulated ways of Customer.guru’s processing ofConsumerPersonal Data in vibrations with the Agreement; and 4.2 Comply with its protection, security and other obligations with respect toConsumerPersonal Data prescribed by Data Protection Requirements for data controllers by: (a) establishing and maintaining a procedure for the exercise of the rights of the individuals whoseConsumerPersonal Data are processed on behalf of Customer; (b) processing only data that has been lawfully and validly placid and ensuring that such data will be relevant and proportionate to the respective uses; and (c) ensuring compliance with the provisions of this Agreement by its personnel or by any third-party accessing or usingConsumerPersonal Data on its behalf. 5. CUSTOMER.GURU OBLIGATIONS 5.1 Processing Requirements. Customer.guru will: a. ProcessConsumerPersonal Data (i) only for the purpose of providing, supporting and improving Customer.guru’s services (including to provide insights and other reporting), using towardly technical and organizational security measures; and (ii) in compliance with the instructions received from Customer. Customer.guru will not use or process theConsumerPersonal Data for any other purpose. Customer.guru will promptly informConsumerin writing if it cannot comply with the requirements under Sections 5-8 of this DPA, in which caseConsumermay terminate the Agreement or take any other reasonable action, including suspending data processing operations; b. InformConsumerpromptly if, in Customer.guru’s opinion, an instruction fromConsumerviolates workable Data Protection Requirements; c. If Customer.guru is collectingConsumerPersonal Data from individuals on behalf of Customer, follow Customer’s instructions regarding suchConsumerPersonal Data hodgepodge (including with regard to the provision of notice and exercise of choice); d. Take commercially reasonable steps to ensure that (i) persons employed by it and (ii) other persons engaged to perform on Customer.guru’s behalf comply with the terms of the Agreement; e. Ensure that its employees, authorized teachers and any Subprocessors are required to comply with and unclose and respect the confidentiality of theConsumerPersonal Data, including without the end of their respective employment, contract or assignment; f. If it intends to engage Subprocessors to help it satisfy its obligations in vibrations with this DPA or to consul all or part of the processing activities to such Subprocessors, sectional of the list of Subprocessors Customer.guru maintains online (see below) g. Upon request, provideConsumerwith a summary of Customer.guru’s privacy and security policies; and h. InformConsumerif Customer.guru undertakes an self-sustaining security review. 5.2 Notice to Customer. Customer.guru will informConsumerif Customer.guru becomes enlightened of: a. Any non-compliance by Customer.guru or its employees with Sections 5-8 of this DPA or the Data Protection Requirements relating to the protection ofConsumerPersonal Data processed under this DPA; b. Any legally tightness request for disclosure ofConsumerPersonal Data by a law enforcement authority, unless Customer.guru is otherwise forbidden by law to inform Customer, for example to preserve the confidentiality of an investigation by law enforcement authorities; c. Any notice, inquiry or investigation by a SupervisoryValiditywith respect toConsumerPersonal Data; or d. Any complaint or request (in particular, requests for wangle to, rectification or blocking ofConsumerPersonal Data) received directly from data subjects of Customer. Customer.guru will not respond to any such request without Customer’s prior written authorization. 5.3 Assistance to Customer. Customer.guru will provide reasonable assistance toConsumerregarding: a. Any requests fromConsumerdata subjects in respect of wangle to or the rectification, erasure, restriction, portability, blocking or deletion ofConsumerPersonal Data that Customer.guru processes for Customer. In the event that a data subject sends such a request directly to Customer.guru, Customer.guru will promptly send such request to Customer; b. The investigation of Personal Data Breaches and the notification to the SupervisoryValidityand Customer's data subjects regarding such Personal Data Breaches; and c. Where appropriate, the preparation of data protection impact assessments and, where necessary, delivering out consultations with any Supervisory Authority. 5.4 Required Processing. If Customer.guru is required by Data Protection Requirements to process anyConsumerPersonal Data for a reason other than providing the services described in the Agreement, Customer.guru will informConsumerof this requirement in whop of any processing, unless Customer.guru is legally prohibited from informingConsumerof such processing (e.g., as a result of secrecy requirements that may exist under workable EU member state laws). 5.5 Security. Customer.guru will: a. Maintain towardly organizational and technical security measures (including with respect to personnel, facilities, hardware and software, storage and networks, wangle controls, monitoring and logging, vulnerability and violate detection, incident response, encryption ofConsumerPersonal Data while in transit and at rest) to protect versus unauthorized or willy-nilly access, loss, alteration, disclosure or destruction ofConsumerPersonal Data; b. Be responsible for the sufficiency of the security, privacy, and confidentiality safeguards of all Customer.guru personnel with respect toConsumerPersonal Data and liable for any failure by such Customer.guru personnel to meet the terms of this DPA; c. Take reasonable steps to personize that all Customer.guru personnel are protecting the security, privacy and confidentiality ofConsumerPersonal Data resulting with the requirements of this DPA; and d. NotifyConsumerof any Personal DataViolateby Customer.guru, its Subprocessors, or any other third-parties vicarial on Customer.guru’s behalf without undue wait of rhadamanthine enlightened of a Personal Data Breach. 6. AUDIT, CERTIFICATION 6.1 SupervisoryValidityAudit. If a SupervisoryValidityrequires an inspect of the data processing facilities from which Customer.guru processesConsumerPersonal Data in order to unearth or monitor Customer's compliance with Data Protection Requirements, Customer.guru will cooperate with such audit.Consumeris responsible for all financing and fees related to such audit, including all reasonable financing and fees for any and all time Customer.guru expends for any such audit, in wing to the rates for services performed by Customer.guru. 6.2 DPO requests. Customer.guru must, upon Customer’s request (not to exceed one request per timetable year) by email to [email protected], certify compliance with Sections 5-8 of this DPA in writing. 7. DATA TRANSFERS For transfers of EU Personal Data to Customer.guru for processing by Customer.guru in a jurisdiction other than a jurisdiction in the EU, the EEA, or the European Commission-approved countries providing ‘adequate’ data protection, Customer.guru agrees it will provide at least the same level of privacy protection for EU Personal Data as required under the U.S.-EU and U.S.-Swiss Privacy Shield frameworks. 8. DATA RETURN AND DELETION The parties stipulate that on the termination of the data processing services or upon Customer’s reasonable request, Customer.guru shall, and shall rationalization any Subprocessors to, at the nomination of Customer, return all theConsumerPersonal Data and copies of such data toConsumeror securely destroy them and demonstrate to the satisfaction ofConsumerthat it has taken such measures, unless Data Protection Requirements prevent Customer.guru from returning or destroying all or part of theConsumerPersonal Data disclosed. In such case, Customer.guru agrees to preserve the confidentiality of theConsumerPersonal Data retained by it and that it will only urgently process suchConsumerPersonal Data without such stage in order to comply with workable laws. 9. THIRD PARTY DATA PROCESSORSConsumeracknowledges that in the provision of some services (such CRMs), Customer.guru, on receipt of instructions from Customer, may transferConsumerPersonal Data to and otherwise interact with third party data processors. 10. TERM This DPA shall remain in effect as long as Customer.guru carries out Personal Data processing operations on behalf ofConsumeror until the termination of the Customer.guru Contract (and all Personal Data has been returned or deleted in vibrations with Section 8 above). 11. GOVERNING LAW, JURISDICTION, AND VENUE Notwithstanding anything in the Agreement to the contrary, this DPA shall be governed by the laws of the Czech Republic, and any whoopee or proceeding related to this DPA (including those welling from non contractual disputes or claims) will be brought in Prague, Czech Republic. 12. APPENDIX List of Sub-Processors: Amazon Web Services, Inc. Google, Inc. Cloudflare, Inc. Facebook, Inc. Hotjar, Ltd. Heap, Inc. New Relic, Inc. Last updated at 15 May 2018VisitorFAQVisitorTerms of Use Privacy Policy DPA Support Pricing Integrations Shopify Plus Help & Support Referral program Benchmarks Fortune 500 NPS Top brands NPS NPS for NASDAQ NPS for AMEX NPS for NYSE Resources Net Promoter Score NPS Benchmarks NPS Calculator Blog Net Promoter Score, NPS, and Net Promoter System are registered trademarks of Bain & Company, Inc., Fred Reichheld and Satmetrix Systems, Inc. Copyright © 2018 Customer.guru