This Data Processing Addendum (“DPA“) is incorporated by reference into the applicable master agreement, terms of use, subscription agreement or other written or electronic agreement governing the provision of remote monitoring and management SaaS services (“Services“) between Experda (the “Processor” or “Service Provider”) and The Client (the “Client“) (collectively, the “Agreement“).
This DPA is specifically tailored for a Remote Monitoring and Management (RMM) SaaS platform providing monitoring, alerting, diagnostics, automation and management of customer IT infrastructure, including servers, endpoints, virtual machines and cloud environments.
In order to provide the Services, the Processor Processes Personal Data on behalf of the Client. This DPA sets out the Parties’ obligations in accordance with applicable Data Protection Laws, including Article 28 GDPR.
By using the Services, the Client instructs the Processor to Process Personal Data strictly for the purposes described herein and represents that it has full authority to bind the Client to this DPA.
Capitalized terms not defined herein shall have the meanings given in the Agreement or under applicable Data Protection Laws.
Notwithstanding the above, the Processor acts as an independent Data Controller with respect to:
Such Processing is governed by the Processor’s Privacy Policy.
The details of the Processing are described in Schedule 1 (Details of Processing) and form an integral part of this DPA.
The Client shall:
The Processor shall:
If an instruction violates Data Protection Laws, the Processor shall notify the Client.
The Processor implements security measures appropriate for RMM Services, including:
Further details may be provided in a Security Whitepaper or Trust Center.
If the Processor receives a request from a Data Subject, it shall promptly notify the Client. The Processor shall provide reasonable assistance to enable the Client to respond to such requests.
Where the Processor acts as an independent Controller, requests shall be handled in accordance with its Privacy Policy.
The Client grants general authorization for the Processor to engage Sub-processors for the provision of the Services.
The Processor shall maintain an up-to-date list of Sub- processors and notify the Client of material changes.
The Processor shall ensure Sub-processors are bound by obligations no less protective than those in this DPA.
The Processor shall notify the Client without undue delay and, where feasible 72 hours after becoming aware of a Personal Data Breach affecting RMM Data, and shall provide reasonable assistance in mitigation and remediation.
Upon termination of the Services, the Processor shall delete or return Personal Data at the Client’s choice, unless retention is required by law.
Operational logs may be retained for limited periods for security, auditing and compliance purposes.
Where Personal Data is transferred outside the EEA, UK or Switzerland, appropriate safeguards shall apply, including Standard Contractual Clauses (Module 2 – Controller to Processor).
The Processor shall make available information reasonably necessary to demonstrate compliance with this DPA, subject to confidentiality and proportionality.
Liability under this DPA shall be subject to the limitations set forth in the Agreement, to the extent permitted by law.
This DPA shall remain in effect for the duration of the Agreement.
Subject Matter: Remote monitoring, management and alerting of IT infrastructure. Provision of Professional Services, including 24/7 Database Administration (DBA) as a Service, technical support, and consulting.
Nature of Processing: Collection, storage, analysis and transmission of system and device data. access to Client database environments for the purposes of troubleshooting, performance tuning, and incident resolution. Temporary processing of query logs and execution plans which may incidentally contain Personal Data during maintenance, migration, or optimization tasks
Purpose: Service delivery, diagnostics, alerting, security monitoring and troubleshooting. Database optimization, schema management, disaster recovery planning, and active remediation of service disruptions
Duration: For the term of the Agreement and as configured by the Client.
With Experda, database teams trade manual work with automations and replace clunky operations with streamlined workflows.
With Experda, database teams trade manual work with automations and replace clunky operations with streamlined workflows.
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