EU-GDPR
Processor Agreement Sieval Dedicated Solutions B.V.
As a user of our software & services (a.o. Decoloop®, Decoloop CPQ, Decoloop Production & Decoloop Project) you are taking services from us. In doing so, data are processed under your responsibility by Sieval Dedicated Solutions B.V.. Sieval Dedicated Solutions B.V. is thus the Processor of this data and you as a user are the Processor in this relationship. From the General Data Protection Regulation you are therefore obliged to enter into a processor agreement with us.
The data entered through our services are and remain under the responsibility of you as a user of our services and you manage them yourself. Sieval Dedicated Solutions B.V. acts as a Processor only for the purpose of facilitating the order process: being able to calculate custom orders and forward them to the necessary stakeholders in order to have the product manufactured and delivered to the consumer.
Personal Data
The user of our services can (upon request by the consumer) directly edit and/or delete personal data that is not required for invoicing (such as email address and telephone number). As our services may also function as invoicing software, personal data required for invoicing (name, address, city, and country) and which fall under fiscal retention obligations are stored for 7 years. Within our services, it is possible to view, per consumer, with whom the personal data has been shared for the purpose of the order process. This information is transferable to the relevant consumer.
You as a user/customer of Sieval Dedicated Solutions B.V. may attach great importance to adequate protection of your data, which are processed solely for the purpose of the aforementioned tasks and do not occur outside this processing purpose.
Analytics Tools
Sieval Dedicated Solutions B.V. uses Google (Universal) Analytics, Google’s web analytics service, to analyze how our web application and apps are used. Google Analytics uses “cookies”, small text files that are stored on your computer, tablet or mobile during your visit to our web application, to enable this. The information obtained, including your IP address, is stored by Google on servers in the United States of America. We have entered into a processing agreement with Google to make arrangements for handling data. Data is stored by default for 50 months. For more information, please see Google Analytics’ privacy policy; https://policies.google.com/privacy
Obligations of Sieval Dedicated Solutions B.V. (Processor).
Sieval Dedicated Solutions B.V. as Processor:
will not retain any copies of the aforementioned information or related data, except as part of agreed technical backup procedures;
will refrain from actions that could hinder the Controller’s existing right to access the supplied information, except as outlined above;
is required to maintain the confidentiality of the personal data obtained from the Controller and must ensure the same commitment from its personnel and any third parties involved;
guarantees to implement sufficient organizational and technical measures in regard to the processing of personal data, protecting against loss or any form of unlawful processing. The Processor will make every effort to secure personal data against unauthorized access, external threats, carelessness, lack of expertise, or unauthorized use;
although the Processor will take appropriate security measures, it cannot guarantee complete effectiveness under all circumstances. In the event of a threat or actual breach, the Processor will make every effort to minimize personal data loss;
will notify the Controller immediately, but no later than 48 hours, upon identifying a (potential) data breach. Each party will bear the costs of investigating the cause of a data breach or incident;
will, where applicable, comply with the obligations as set out in Articles 15 to 22 of the GDPR;
processes personal data solely on the instructions of the Controller. The Controller retains full authority over the data processed by the Processor. At no point will the Processor hold control over the data described above. It is not permitted for the Processor to use the provided personal data for its own purposes or to share it with third parties, unless agreed upon otherwise;
upon termination of services relating to the processing of personal data, will delete all personal data and existing copies, unless EU or member state law requires the retention of the personal data.
Obligations of the Controller
As Controller, you:
are responsible for the processing of personal data as defined in this data processing agreement. You confirm that you process personal data in a lawful and proper manner in accordance with the GDPR and other applicable regulations;
must assess, in case of a reported data breach, whether to notify relevant authorities and/or data subjects, and are solely responsible for complying with (statutory) notification requirements.
Audit Rights
You as the Responsible Party may have the obligations reviewed by an audit group and/or Registered Auditor and/or Registered EDP Auditor to be defined. Sieval Dedicated Solutions B.V. will cooperate as soon as reasonably possible in such an investigation, including providing access to relevant information. Processor may deposit reasonable costs with Respondent for this purpose.
In the event of force majeure, both parties shall enter into consultation to discuss the consequences. Oral statements, promises, or agreements shall have no legal effect.
Use of Sub-Processors
If the Processor must grant a sub-processor access to data at the request of the Controller, the Controller is unequivocally responsible for ensuring that the sub-processor meets at least the same standards for appropriate technical and organizational measures as described in this data processing agreement.
Liability
The liability of both parties for damages resulting from a breach of this Data Processing Agreement, tort, or otherwise, is governed by the terms of the main agreement (including the general terms and conditions of the Processor).
Effective Date and Duration
This data processing agreement forms part of the main agreement and comes into effect when the Controller enters into the main agreement and/or registers for our services. It ends when the registration (or main agreement) is terminated.
Disputes and Governing Law
If there is a contradiction between this processor agreement and the main agreement you have with us, Sieval Dedicated Solutions B.V.’s processor agreement shall prevail.
All disputes arising in connection with this agreement shall be submitted to the competent court in the region where the Controller is located.
This data processing agreement is governed exclusively by Dutch law.