Data processing agreement (dpa) — MailerSend

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Facts read from this source

• Entity Report an error

  “between you (together with subsidiary(ies) and affiliated entities, collectively, "Customer") and MailerSend, Inc.”

• DPA precedence Report an error

  “If there is any conflict between this DPA and the TOU, the relevant terms of this DPA take precedence.”

• GDPR representative Report an error

  “Hereby the Data Processor has appointed MailerLite Limited, an Irish registered company at 88 Harcourt Street, Dublin 2, D02 DK18, Ireland ("Representative") as the designated GDPR representative for the Data Processor.”

• Roles Report an error

  “the Customer is the Data Controller and MailerSend is a Data Processor, acting on behalf of the Customer”

• Scc transfers Report an error

  “MailerSend ensures that Standard Contractual Clauses approved by the European Commission are used in order that such transfers are made in compliance with the requirements of Data Protections Laws and this DPA.”

• UK addendum Report an error

  “the SCCs apply to transfers that fall under the UK Data Protection Laws, and they will be modified according to the specifications mentioned in the UK Addendum. The UK Addendum is considered agreed upon by the parties and is included as an essential part of this DPA.”

• Swiss DPA Report an error

  “for transfers governed by the Swiss DPA, the SCCs shall be implemented as outlined in Section 13.2”

• Breach notification Report an error

  “MailerSend will notify the Customer without undue delay, and in any event within 48 hours, after becoming aware of a Personal Data Breach”

• Audit reports Report an error

  “Upon request, MailerSend shall supply, on a confidential basis, a copy of its audit reports (if any) to the Customer”

• Audit terms Report an error

  “undertake an audit no more than once in any 12-month period, except where required by a competent Supervisory Authority or where an audit is required due to a Customer Data Breach”

• Dpia assistance Report an error

  “MailerSend will provide the Customer with reasonable cooperation, information and assistance as needed to fulfill the Customer’s obligation under EU Data Protection Law, including as needed to carry out a data protection impact assessment”

• Objection right Report an error

  “The Customer may object to any new Sub-Processor on reasonable legal grounds (the "Objection Notice") relating to the protection of the Customer Data”

• List request Report an error

  “Upon the Customer’s request by email to info@mailersend.com, MailerSend will provide the Customer with a list of then-current third-party Sub-Processors and the nature of the services they provide. The Customer can find an up-to-date list of Sub-Processors in Annex 4 of this DPA.”

• Objection resolution days Report an error

  “If none of the options outlined in Clause (a), (b) or (c) of Section 7.2 are reasonably available and Customer’s objection has not been resolved to the Parties’ mutual satisfaction within 30 days of MailerSend’s receipt of the Objection Notice, either Party may terminate the affected Services and MailerSend will refund to the Customer a pro rata share of any unused amounts prepaid by the Customer.”

• Deletion on termination Report an error

  “Upon termination of the TOU and/or DPA, MailerSend will initiate a process upon the Customer’s written request that deletes the Customer Data in its possession or control.”

• Prohibited data Report an error

  “(c) ensuring no Personal Data relating to criminal convictions and offenses (GDPR Article 10) are submitted for Processing by the Services.”

• Subject rights assistance Report an error

  “To the extent the Customer is unable through its use of the Services to address a particular Data Subject request, MailerSend will, upon the Customer’s request and taking into account the nature of Customer Data Processed, provide reasonable assistance in addressing the Data Subject request”

• Hosting google EU Report an error

  “MailerSend uses Google data storage centers with its location in the European Union. Google has an information storage security certificate (ISO 27001) that ensures the safety of Customer Data.”

• Encryption Report an error

  “MailerSend ensures security over SSL/TLS and AES256 encryption.”

• Encryption at rest transit Report an error

  “MailerSend employes encryption at rest and in transit between public networks, as applicable, according to industry-standard practice.”

• Penetration testing Report an error

  “MailerSend undergoes a penetration test of its network and Services on an annual basis.”

• Services Report an error

  “MailerSend provides transactional communication services and other related services, as described in the TOU.”

• Channels Report an error

  “"We use MailerSend to send transactional emails, SMS and/or WhatsApp messages to our clients.”

• Tracking technologies Report an error

  “The Customer acknowledges that in connection with the performance of the Services, MailerSend employs the use of cookies, unique identifiers, web beacons and similar tracking technologies.”

• Categories Report an error

  “Recipients: identification and contact data (email address, phone number), IT information (IP address, location data, access device information) and/or any other information the Customer provides to MailerSend.”

• Liability Report an error

  “Each Party’s liability taken together in the aggregate, arising out of or related to this DPA, whether in contract, tort, or under any other theory of liability, is subject to the limitation of liability provisions of the TOU.”

• DPA duration Report an error

  “This DPA enters into force from the day you agreed to our Terms of Use and continues for an indefinite period of time.”

• Transfer worldwide Report an error

  “MailerSend may transfer and process Customer Data to and in the United States and anywhere else in the world where MailerSend, its affiliates of its Sub-Processors maintain data processing operations.”

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