Data processing agreement (dpa) — Postmark

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Facts read from this source

• DPA scope new customers Report an error

  “This Data Processing Addendum is for new customers who signed up on or after December 10, 2024. Existing customers who signed up on or before December 9, 2024 can find the DPA here.”

• DPA GDPR coverage Report an error

  “including the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the GDPR as incorporated into United Kingdom law (“UK GDPR”) and the California Consumer Privacy Act (“CCPA”) (collectively, “Data Protection Laws”)”

• Dpf certified Report an error

  “AC PM has certified its compliance to the EU-U.S. Data Privacy Framework Principles, including as applied under the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework Principles (collectively, the “DPF Principles”) with the U.S. Department of Commerce”

• Scc governing law Report an error

  “In Clause 17 of the Standard Contractual Clauses, Option 1 will apply and the Standard Contractual Clauses will be governed by Irish law; In Clause 18(b) of the Standard Contractual Clauses, disputes will be resolved before the courts of Ireland”

• General authorization Report an error

  “User hereby provides its general written authorization for AC PM to engage Sub-processors.”

• Processing instructions Report an error

  “Process Personal Information solely in accordance with User’s documented instructions”

• Audit rights Report an error

  “User may request Audit Information up to once per year.”

• Breach notification Report an error

  “If AC PM becomes aware of any actual Security Breach (defined below), AC PM will take commercially reasonable efforts to, without undue delay: (a) notify User of the Security Breach and any third-party legal processes relating to the Security Breach”

• Return deletion Report an error

  “Upon termination of the Terms and written request by User, AC PM will return all Personal Information to User or destroy all Personal Information and all copies thereof”

• Dpia assistance Report an error

  “cooperate and assist User in conducting a data protection impact assessment, where required by Data Protection Laws”

• Deletion correction requests Report an error

  “amend, correct, or erase Personal Information at User’s written request and provide a means for User to update and make accurate Personal Information Processed by AC PM”

• DPA parties Report an error

  “This Data Processing Addendum (“DPA”) supplements the Terms of Service, located at https://postmarkapp.com/terms-of-service or its successor URL (the “Terms”), between User and AC PM”

• SOC 2 datacentres Report an error

  “AC PM hosts its servers in SOC 2 certified data centres.”

• Tls encryption Report an error

  “The Service supports opportunistic TLS for all outbound email, ensuring messages are encrypted in transit to remote mail servers and ISPs who support TLS.”

• Aws Report an error

  “All Personal Information is stored in secure AWS data centres.”

• Deft Report an error

  “the Deft data center is SOC 2 Type 2 accredited and includes keycard protocols, biometric scanning protocols and round-the-clock surveillance.”

• Encryption at rest Report an error

  “Data transferred to Deft’s servers is encrypted via SSL that is configured to meet or exceed all industry standards. Cold data at rest is encrypted with 2048-bit RSA.”

• Ssl interface Report an error

  “All access to the Postmark interface is secured over SSL (HTTPS), ensuring the information is encrypted.”

• Two factor auth Report an error

  “User can enable 2FA on its account and the Service allows for detailed user permissions so that User can easily and efficiently control who has access to each of its servers.”

• Scope of processing Report an error

  “The purpose of the Processing is to allow User to reliably deliver application emails to their email recipients using the Service.”

• Tracking optional Report an error

  “User also has the option to enable open/link tracking and other analytics/tracking of recipient actions, which could include IP address, location, operating system, browser, device, email client and spam complaints.”

• Personal information types Report an error

  “metadata, email address, message content and other Personal Information collected and provided by User in connection with User’s use of the Service.”

• DPA existing scc modules Report an error

  “(i) Module 2, where Customer is the "controller" and AC PM is the "processor" and (ii) Module 3, where Customer is the “processor” and AC PM is the “sub-processor”.”

• SOC 2 report audit alternative Report an error

  “If Customer chooses to conduct an independent audit rather than rely on a current SOC 2 Report or current third party audit, if applicable and available”

• Existing DPA no selling Report an error

  “Furthermore, AC PM shall not "sell" (as defined in the CCPA) Personal Information.”

• Disclaimer no legal sufficiency warranty Report an error

  “AC PM MAKES NO REPRESENTATION OR WARRANTY THAT THIS DPA IS LEGALLY SUFFICIENT TO MEET USER’S NEEDS UNDER DATA PROTECTION LAWS”

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