TERMS AND CONDITIONS
The following are terms of accessing and/or using Sleeknote’s website and service (hereinafter “the Service”). By accepting the terms below (hereinafter “the Agreement”) and/or using the Service, you are stating that you agree to be bound by all terms without modification, conditions or notices.
Sleeknote was created by, and is a service of Sleeknote ApS (hereinafter “Sleeknote”)
Sleeknote offers a range of subscriptions and a free trial. At the end of a free trial, you agree to either pay applicable fees at that time or discontinue using the Service. Subscriptions are available on either monthly or annual pre-paid, non-refundable contracts.
All contracts will automatically renew for the same term using the payment method on file unless you change or discontinue the Service. If you are not using the service, we will not consider it as a discontinuance of the service. To discontinue the service, send an email to mail@sleeknote.com. All upgrades are effective immediately, while downgrades are effective as of the next renewal date.
The price is based on the total available amount of sessions in the selected pricing plan, regardless if any Sleeknotes are active during the period of the subscription.
If you exceed the available amount of sessions in the selected pricing plan, you are obligated to subscribe to a pricing plan with more available monthly sessions.
We will notify you once you have used respectively 80, 90 and 100 % of the total available amount of sessions in your current pricing plan. If you exceed the available amount of sessions in your selected pricing plan once, we will notify you via e-mail and encourage you to change your pricing plan. If you once again, after having received this notification, exceed the available amount of sessions, we will automatically upgrade you to a new pricing plan.
You will not be automatically downgraded to a previous pricing plan, if you do not use all available sessions in your current pricing plan. If you wish to downgrade to a previous pricing plan, you must change the subscription settings on your Sleeknote account.
Sleeknote’s Privacy Policy (hereinafter “the Privacy Policy”) is available on Sleeknote’s website. The Privacy Policy in force at any given time is applicable to the Agreement and shall be considered an integrated part hereto.
Sleeknote may change its fee structure and/or provide an upgrade at any time with 14 days notice, in which case new rates will be in effect as of the next renewal period.
In the event you cancel your subscription, you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
To register for the Service, you must complete the registration process by providing Sleeknote with current, complete and accurate information as required by the registration form. You are solely responsible for any use and all activities that occur under your account.
You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you and for any use or misuse of your account resulting from any third-party using a password or user name issued to you. You agree to immediately notify Sleeknote of any unauthorized use of your account or any other breach of security known to you. You agree to let Sleeknote use your organization’s logo in its customer list, at other places on its website and as part of a general list of Sleeknote’s customers for use and reference in corporate, promotional and marketing material.
You agree to indemnify, hold harmless and defend Sleeknote, its contractors, its licensors and their respective directors, officers, employees and agents, at your expense, from and against any and all third-party claims, actions, proceedings and suits, arising from your use of the Service, including but not limited to your violation of this Agreement. You agree to also indemnify the same against any and all expenses connected hereto, including attorneys’ fees.
The Service is provided ‘as is’. Sleeknote and its contractors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sleeknote nor its contractors make any warranty that the Service or website will be error-free, free of viruses or other harmful components, or that access thereto will be continuous or uninterrupted. You understand that the use of the Service is at your own discretion and risk.
Sleeknote will not be liable to you or any third-party claimant for any indirect, punitive, consequential (including, without limitation, lost profits or lost data collected through the Service), or incidental damages, whether based on a claim or action of contract, warranty, negligence, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise. The exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph.
Some jurisdictions do not allow the limitation or exclusion of liability to the extent stated above. In such case, Sleeknote and its contractors’ total cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the total paid-in fee from you to Sleeknote within the 12 months previous to the date the claim is first brought against Sleeknote.
Sleeknote does not guarantee the Service will be operable at all times or during any down time, including but not limited to Internet Service Provider outages, equipment failures, scheduled maintenance or force majeure.
The Service, including any content on the Service and all underlying technology (including all intellectual property rights embodied therein), is and shall remain the sole and exclusive property of Sleeknote and shall be protected in accordance with applicable copyright laws and other legislation. No license to any underlying technology is granted. You will not, nor will you allow any third party to reverse engineer and/or create derivatives of the Service using any method possible. You will not, nor will you allow any third party to modify the Service in any way. You will use the Service solely for your commercial use and will not make the Service available for any type of external service such as, but not limited to, an application service provider.
If you provide feedback, ideas or suggestions regarding the Service, Sleeknote is free to fully exploit such feedback.
Sleeknote may terminate the Service and/or access to the Service at any time and for any reason without notice.If you wish to terminate this Agreement or your service, you may simply stop using the Service. However, although this Agreement may terminate between the Service and you, some provisions of this Agreement shall still be in effect, including, without limitation, warranty disclaimers, indemnity, limitations of liability and proprietary rights.
Sleeknote reserves the right at its sole discretion to modify or replace any part of these terms. Sleeknote will on its website give you prior notice if changes are made to the Agreement. Your continued use of the Service or access to the Sleeknote website following the changes in these terms constitutes acceptance of those changes.
Sleeknote shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement represents the complete agreement between you and Sleeknote concerning its subject matter and supersedes all prior statements, agreements and representations between the parties.
You may not assign or otherwise transfer any of your rights under the Agreement without Sleeknote’s prior written consent and any such attempt is void.
Sleeknote is entitled to assign and/or transfer any of its rights or obligations under the Agreement to any third party. Sleeknote shall notify you of such transfer.
The relationship between Sleeknote and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns of the parties hereto.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent possible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
These terms and conditions may be amended or updated by Sleeknote from time to time. Your use of the Service after any such amendment or update of these terms and conditions shall signify your acceptance of the revised terms and conditions. As a consequence, you are responsible for visiting and reviewing these terms and conditions periodically.
This Agreement shall be governed by and construed under the laws of the state of Denmark without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Danish law, rules, and regulations, Danish law, rules, and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Aarhus, Denmark. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. A waiver of any default is not a waiver of any subsequent default. Last updated 19-10-2023 (DD-MM-YYYY) Updated DPA
Standard Contractual Clauses
For the purposes of Article 28(3) of Regulation 2016/679 (the GDPR)
between
The Customer
(the data controller)
and
Sleeknote ApS
CVR No.: 35840699
Ankersgade 12C
8000 Aarhus C
Denmark
(the data processor)
each a ‘party’; together ‘the parties’
HAVE AGREED on the following Contractual Clauses (the Clauses) in order to meet the requirements of the GDPR and to ensure the protection of the rights of the data subject.
1. Table of Contents
2. Preamble
3. The rights and obligations of the data controller
4. The data processor acts according to instructions
5. Confidentiality
6. Security of processing
7. Use of sub-processors
8. Transfer of data to third countries or international organisations
9. Assistance to the data controller
10. Notification of personal data breach
11. Erasure and return of data
12. Audit and inspection
13. The parties’ agreement on other terms
14. Commencement and termination
15. Data controller and data processor contacts/contact points
Appendix A Information about the processing
Appendix B Authorised sub-processors
Appendix C Instruction pertaining to the use of personal data
Appendix D The parties’ terms of agreement on other subjects
1. These Contractual Clauses (the Clauses) set out the rights and obligations of the data controller and the data processor, when processing personal data on behalf of the data controller.
2. The Clauses have been designed to ensure the parties’ compliance with Article 28(3) of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
3. In the context of the provision of the personal data processing service, the data processor will process personal data on behalf of the data controller in accordance with the Clauses.
4. The Clauses shall take priority over any similar provisions contained in other agreements between the parties. The Clauses are an appendix to any other agreements.
5. Four appendices are attached to the Clauses and form an integral part of the Clauses.
6. Appendix A contains details about the processing of personal data, including the purpose and nature of the processing, type of personal data, categories of data subject and duration of the processing.
7. Appendix B contains the data controller’s conditions for the data processor’s use of sub-processors and a list of sub-processors authorised by the data controller.
8. Appendix C contains the data controller’s instructions with regards to the processing of personal data, the minimum security measures to be implemented by the data processor and how audits of the data processor and any sub-processors are to be performed.
9. Appendix D contains provisions for other activities which are not covered by the Clauses.
10. The Clauses along with appendices shall be retained in writing, including electronically, by both parties.
11. The Clauses shall not exempt the data processor from obligations to which the data processor is subject pursuant to the General Data Protection Regulation (the GDPR) or other legislation.
1. The data controller is responsible for ensuring that the processing of personal data takes plaxce in compliance with the GDPR (see Article 24 GDPR), the applicable EU or Member State data protection provisions and the Clauses.
2. The data controller has the right and obligation to make decisions about the purposes and means of the processing of personal data.
3. The data controller shall be responsible, among other, for ensuring that the processing of personal data, which the data processor is instructed to perform, has a legal basis.
1. The data processor shall process personal data only on documented instructions from the data controller, unless required to do so by Union or Member State law to which the processor is subject. Such instructions shall be specified in appendices A and C. Subsequent instructions can also be given by the data controller throughout the duration of the processing of personal data, but such instructions shall always be documented and kept in writing, including electronically, in connection with the Clauses.
2. The data processor shall immediately inform the data controller if instructions given by the data controller, in the opinion of the data processor, contravene the GDPR or the applicable EU or Member State data protection provisions.
When the data processor has informed the data controller of the possible contravention, the data processor stops the processing that in the opinion of the data processor contravenes the GDPR or the applicable EU or Member State data protection provisions, until otherwise instructed by the data controller.
1. The data processor shall only grant access to the personal data being processed on behalf of the data controller to persons under the data processor’s authority who have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality and only on a need to know basis. The list of persons to whom access has been granted shall be kept under periodic review. On the basis of this review, such access to personal data can be withdrawn, if access is no longer necessary, and personal data shall consequently not be accessible anymore to those persons.
2. The data processor shall at the request of the data controller demonstrate that the concerned persons under the data processor’s authority are subject to the abovementioned confidentiality.
1. Article 32 GDPR stipulates that, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the data controller and data processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
The data controller shall evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. Depending on their relevance, the measures may include the following:
a. Pseudonymisation and encryption of personal data;
b. the ability to ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services;
c. the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
d. a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
2. According to Article 32 GDPR, the data processor shall also – independently from the data controller – evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. To this effect, the data controller shall provide the data processor with all information necessary to identify and evaluate such risks.
3. Furthermore, the data processor shall assist the data controller in ensuring compliance with the data controller’s obligations pursuant to Articles 32 GDPR, by inter alia providing the data controller with information concerning the technical and organisational measures already implemented by the data processor pursuant to Article 32 GDPR along with all other information necessary for the data controller to comply with the data controller’s obligation under Article 32 GDPR.
If subsequently – in the assessment of the data controller – mitigation of the identified risks require further measures to be implemented by the data processor, than those already implemented by the data processor pursuant to Article 32 GDPR, the data controller shall specify these additional measures to be implemented in Appendix C.
1. The data processor shall meet the requirements specified in Article 28(2) and (4) GDPR in order to engage another processor (a sub-processor).
2. The data processor shall therefore not engage another processor (sub-processor) for the fulfilment of the Clauses without the prior general written authorisation of the data controller.
3. The data processor has the data controller’s general authorisation for the engagement of sub-processors. The data processor shall inform in writing the data controller of any intended changes concerning the addition or replacement of sub-processors at least 1 month in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). Longer time periods of prior notice for specific sub-processing services can be provided in Appendix B. The list of sub-processors already authorised by the data controller can be found in Appendix B.
4. Where the data processor engages a sub-processor for carrying out specific processing activities on behalf of the data controller, the same data protection obligations as set out in the Clauses shall be imposed on that sub-processor by way of a contract or other legal act under EU or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the Clauses and the GDPR.
The data processor shall therefore be responsible for requiring that the sub-processor at least complies with the obligations to which the data processor is subject pursuant to the Clauses and the GDPR.
5. A copy of such a sub-processor agreement and subsequent amendments shall – at the data controller’s request – be submitted to the data controller, thereby giving the data controller the opportunity to ensure that the same data protection obligations as set out in the Clauses are imposed on the sub-processor. Clauses on business related issues that do not affect the legal data protection content of the sub-processor agreement, shall not require submission to the data controller.
6. The data processor shall agree a third-party beneficiary clause with the sub-processor where – in the event of bankruptcy of the data processor – the data controller shall be a third-party beneficiary to the sub-processor agreement and shall have the right to enforce the agreement against the sub-processor engaged by the data processor, e.g. enabling the data controller to instruct the sub-processor to delete or return the personal data.
7. If the sub-processor does not fulfil his data protection obligations, the data processor shall remain fully liable to the data controller as regards the fulfilment of the obligations of the sub-processor. This does not affect the rights of the data subjects under the GDPR – in particular those foreseen in Articles 79 and 82 GDPR – against the data controller and the data processor, including the sub-processor.
1. Any transfer of personal data to third countries or international organisations by the data processor shall only occur on the basis of documented instructions from the data controller and shall always take place in compliance with Chapter V GDPR.
2. In case transfers to third countries or international organisations, which the data processor has not been instructed to perform by the data controller, is required under EU or Member State law to which the data processor is subject, the data processor shall inform the data controller of that legal requirement prior to processing unless that law prohibits such information on important grounds of public interest.
3. Without documented instructions from the data controller, the data processor therefore cannot within the framework of the Clauses:
a. transfer personal data to a data controller or a data processor in a third country or in an international organization
b. transfer the processing of personal data to a sub-processor in a third country
c. have the personal data processed in by the data processor in a third country
4. The data controller’s instructions regarding the transfer of personal data to a third country including, if applicable, the transfer tool under Chapter V GDPR on which they are based, shall be set out in Appendix C.6.
5. The Clauses shall not be confused with standard data protection clauses within the meaning of Article 46(2)(c) and (d) GDPR, and the Clauses cannot be relied upon by the parties as a transfer tool under Chapter V GDPR.
1. Taking into account the nature of the processing, the data processor shall assist the data controller by appropriate technical and organisational measures, insofar as this is possible, in the fulfilment of the data controller’s obligations to respond to requests for exercising the data subject’s rights laid down in Chapter III GDPR.This entails that the data processor shall, insofar as this is possible, assist the data controller in the data controller’s compliance with:
a. the right to be informed when collecting personal data from the data subject
b. the right to be informed when personal data have not been obtained from the data subject
c. the right of access by the data subject
d. the right to rectification
e. the right to erasure (‘the right to be forgotten’)
f. the right to restriction of processing
g. notification obligation regarding rectification or erasure of personal data or restriction of processing
h. the right to data portability
i. the right to object
j. the right not to be subject to a decision based solely on automated processing, including profiling
2. In addition to the data processor’s obligation to assist the data controller pursuant to Clause 6.3., the data processor shall furthermore, taking into account the nature of the processing and the information available to the data processor, assist the data controller in ensuring compliance with:
a. The data controller’s obligation to without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons;
b. the data controller’s obligation to without undue delay communicate the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons;
c. the data controller’s obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a data protection impact assessment);
d. the data controller’s obligation to consult the competent supervisory authority prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the data controller to mitigate the risk.
3. The parties shall define in Appendix C the appropriate technical and organisational measures by which the data processor is required to assist the data controller as well as the scope and the extent of the assistance required. This applies to the obligations foreseen in Clause 9.1. and 9.2.
1. In case of any personal data breach, the data processor shall, without undue delay after having become aware of it, notify the data controller of the personal data breach.
2. The data processor’s notification to the data controller shall, if possible, take place within 24 hours after the data processor has become aware of the personal data breach to enable the data controller to comply with the data controller’s obligation to notify the personal data breach to the competent supervisory authority, cf. Article 33 GDPR.
3. In accordance with Clause 9(2)(a), the data processor shall assist the data controller in notifying the personal data breach to the competent supervisory authority, meaning that the data processor is required to assist in obtaining the information listed below which, pursuant to Article 33(3)GDPR, shall be stated in the data controller’s notification to the competent supervisory authority:
a. The nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
b. the likely consequences of the personal data breach;
c. the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
4. The parties shall define in Appendix C all the elements to be provided by the data processor when assisting the data controller in the notification of a personal data breach to the competent supervisory authority.
1. On termination of the provision of personal data processing services, the data processor shall be under obligation to delete all personal data processed on behalf of the data controller and certify to the data controller that it has done so unless Union or Member State law requires storage of the personal data.
1. The data processor shall make available to the data controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 and the Clauses and allow for and contribute to audits, including inspections, conducted by the data controller or another auditor mandated by the data controller.
2. Procedures applicable to the data controller’s audits, including inspections, of the data processor and sub-processors are specified in appendices C.7. and C.8.
3. The data processor shall be required to provide the supervisory authorities, which pursuant to applicable legislation have access to the data controller’s and data processor’s facilities, or representatives acting on behalf of such supervisory authorities, with access to the data processor’s physical facilities on presentation of appropriate identification.
1. The parties may agree other clauses concerning the provision of the personal data processing service specifying e.g. liability, as long as they do not contradict directly or indirectly the Clauses or prejudice the fundamental rights or freedoms of the data subject and the protection afforded by the GDPR.
1. The Clauses shall become effective on the date of the acceptance of the Terms & Conditions to provide the service to which the Clauses are an appendix.
2. Both parties shall be entitled to require the Clauses renegotiated if changes to the law or inexpediency of the Clauses should give rise to such renegotiation.
3. The Clauses shall apply for the duration of the provision of personal data processing services. For the duration of the provision of personal data processing services, the Clauses cannot be terminated unless other Clauses governing the provision of personal data processing services have been agreed between the parties.
4. If the provision of personal data processing services is terminated, and the personal data is deleted or returned to the data controller pursuant to Clause 11.1. and Appendix C.4., the Clauses may be terminated by written notice by either party.
1. The parties may contact each other using the following contacts/contact points: Contact point information is stated in the other agreements of the parties.
2. The parties shall be under obligation continuously to inform each other of changes to contacts/contact points.
Contact information:
E-mail privacy@sleeknote.com
A.1. The purpose of the data processor’s processing of personal data on behalf of the data controller is:
Please see below under C.1.
A.2. The data processor’s processing of personal data on behalf of the data controller shall mainly pertain to (the nature of the processing):
A.3. The processing includes the following types of personal data about data subjects:
Contact information: name, e-mail, address, and telephone number.
Segmentation data: age, date of birth, gender, size (Clothes), preferences (information, products)
Analytic data: Analytic data includes Personal Data for analytic purposes related to the data subject’s behavior details. Analytic data may include but is not limited to:
– behavior details (including URL’s visited, events triggered on defined actions such as page loads, clicks, log-ins, time spent on page or site),
– geo-location data (aggregated estimate based on collected IP-address)
– Sleeknote specific events (newsletter sign-up, contact details submitted, redirection to other pages or sites, Sleeknotes shown/closed)
The type of personal data being processed by Sleeknote is widely determined by the Customers use of the service. The Customer is however not allowed to process any sensitive personal (GDPR art. 9) data using the service.
A.4. Processing includes the following categories of data subject:
The Customer determines who the data subjects are by their use of the service. These are typically website visitors or the Data Controller´s Customers.
A.5. The data processor’s processing of personal data on behalf of the data controller may be performed when the Clauses commence. Processing has the following duration:
The processing is performed as long as the agreements between the parties to provide the service is binding.
B.1. Approved sub-processors
On commencement of the Clauses, the data controller authorises the engagement of the following sub-processors:
Optional Sub-Processors
The Customer may additionally choose to use the following sub-processor to enable different functionalities within the service:
The data controller shall on the commencement of the Clauses authorise the use of the abovementioned sub-processors for the processing described for that party. The data processor shall not be entitled – without the data controller’s explicit written authorisation – to engage a sub-processor for a ‘different’ processing than the one which has been agreed upon or have another sub-processor perform the described processing.
B.2. Prior notice for the authorisation of sub-processors
The data processor shall inform in writing the data controller of any intended changes concerning the addition or replacement of sub-processors at least 1 month in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s).
C.1. The subject of/instruction for the processing
The data processor’s processing of personal data on behalf of the data controller shall be carried out by the data processor performing the following:
– Collection of data on the Controller’s websites via direct submissions from visitors on the Controller’s websites (submitted data),
– Collect behavioral analytics tracking related to “pop-ups” on the Controller’s website (analytic data),
– Systematization and analysis of data (analytic data)
– Presentation of analytic data in dashboards available for Controller
Analysis and reporting and access by the Processor for the purpose of maintenance, global analytic or support to the Controller
The service can be broadly summarised to:
Sleeknote provides a pop-up, forms and gamification builder as a conversion tool for the Customer which includes analytics of the data collected.The service enables the Customer to build pop-ups on their website to convert visitors to subscribers or customers.
C.2. Security of processing
That the processing involves a large volume of personal data which are subject to Article 6 GDPR which is why a ‘Medium’ level of security should be established.
The data processor has implemented a risk-based approach to IT security and the protection of personal data processed on behalf of the data controller.
The data processor shall hereafter be entitled and under obligation to make decisions about the technical and organisational security measures that are to be applied to create the necessary (and agreed) level of data security.
The data processor shall however – in any event and at a minimum – implement the following measures that applies and have been agreed with the data controller:
PHYSICAL ACCESS CONTROL
Measures to prevent physical access of unauthorized persons to IT systems that handle Personal Data:
Buildings and systems used for data processing are safe. Data processing media is stored properly and is not available to unauthorized third parties, thus such media is kept locked when unattended. The Processor only uses high-quality hard- and software and continues to update these if relevant
SYSTEM ACCESS CONTROL
Measures to prevent unauthorized persons from using IT systems:
The Processor maintains an authentication system for accessing personal data processing systems. Employee accounts are not shared and the Processor keeps network logs and a log of detection of intrusion.
DATA ACCESS CONTROL
Measures to ensure that the Processor’s employees only have access to the Personal Data pursuant to their access rights:
The access to personal data is role based. Data can only be accessed by the Processor or the Controller. Access to databases is IP restricted. The Processor has also introduced log-in and password procedures ensuring that only employees with access rights have access to personal data. The Processor keeps a list of employees that have access to the Controller’s data, and only key employees have access to databases.
TRANSMISSION ACCESS CONTROL
Measures to ensure that Personal Data cannot be read, copied, altered or deleted by unauthorized persons during electronic transmission or during transport or storage on data media and that those areas can be controlled and identified where transmission of Personal Data is to be done via transmission systems:
All data submitted by the Controller is transferred to the Processor encrypted, if the Controller’s website is running on a secure HTTPS connection. All data is encrypted on storage.
ENTRY CONTROL AND TRACEABILITY
Measures to ensure that it can be subsequently reviewed and determined if and from whom Personal Data was entered, altered or deleted in the IT systems, as well as measures to ensure the accountability and traceability of the processing of Personal Data:
The Processors apply a log monitoring solution to collect and compare logged events. The Processor keeps network logs and a log of detection of intrusion. All services provided by the Processors are thus being logged and stored for a year. The logs contain information on who accessed data, from which IP address the data was accessed, which data were accessed and when data was accessed. The Processor performs internal audits to ensure that all security measures stated in this Appendix are taken and that each new feature or amendment to services provided by the Processor live up to these standards.
AVAILABILITY CONTROL
Measures to ensure that personal data is protected against accidental destruction or loss:
The Processor has set up and maintained web application firewall and anti-virus software as well as back-up procedures as layers of security. The service provided by the Processor runs on a combination of load balanced servers and CDN. The CDN is the Amazon Web Services Cloudfront, which runs at the capacity of 40 Gbps and a 100.000 requests per second. The service provided by the Processor runs in a load balanced environment, thus more capacity can be added on demand. The Processor maintains recovery processes to allow for continuation of data processing and to provide an effective and accurate recovery of personal data.
TRANSPARENCY
Measures to provide a description of any procedures established to ensure an adequate level of transparency to the Controller regarding the Processor and sub processors processing of Personal Data:
The Controller will always be able to access data submitted. The Processor as well as the Controller will be able to download the data. Analytics data will be viewable in the Sleeknote Dashboard provided by the Processor.
INTERVENEABILITY
Measures to ensure that the Controller is allowed to access, rectify, delete, block and manage objections to the processing of Personal Data:
The Controller is able to download data submitted by visitors on the Controller’s website in CSV format through the Sleeknote Dashboard provided by the Processor. If the Controller wishes to rectify, delete or block data or in any other way wishes to manage objections to the processing of personal data, the Processor must notify the Processor of such wishes by contacting the Sleeknote Customer Success Team. The Sleeknote Customer Success Team will validate the ownership of data and perform the requested actions. The Processor does not enable editing of personal data. Incorrect Personal Data will thus be deleted and must be resubmitted in its correct form by the data subject.
PORTABILITY
Measures to ensure the portability of Personal Data, if the migration of data is requested by the Controller or data subjects:
Data submitted by the data subjects (visitors on the Controller’s websites) will be downloadable through the Sleeknote Dashboard provided by the Processor
C.3. Assistance to the data controller
The data processor shall insofar as this is possible assist the data controller in accordance with Clause 9.1. and 9.2. by implementing the relevant technical and organisational measures.
C.4. Storage period/erasure procedures
Personal data processed by the service is stored and erased in accordance with the policies of the data controller. Customer data is kept for 90 days from the time of the first registration.
Upon termination of the provision of personal data processing services, the data processor shall either delete the personal data in accordance with Clause 11.1., unless the data controller – after the signature of the contract – has modified the data controller’s original choice. Such modification shall be documented and kept in writing, including electronically, in connection with the Clauses.
C.5. Processing location
Processing of the personal data under the Clauses cannot be performed at other locations than the following without the data controller’s prior written authorisation:
At the processors location (Denmark) and at any of the sub-processors locations (see appendix B.1).
C.6. Instruction on the transfer of personal data to third countries
Customer data is kept in hosting centers within the European Union using the processors mentioned in appendix B. Data may however in some cases be accessed from third countries e.g. to provide support. The transfer is subject to appropriate safeguards using the latest EU SCC in correlation with chapter V of the GDPR. Alternatively, it relies on the EU Commission’s adequacy decision, which verifies the presence of appropriate safeguards. For a copy hereof please contact us. This section shall be considered authorisation of transfer to third countries in correlation with section C.5.
C.7. Procedures for the data controller’s audits, including inspections, of the processing of personal data being performed by the data processor
The parties have agreed that the following may be used in compliance with the Clauses:
The processor is obligated on request to submit an annual report that evaluates the effectiveness of the technical and organizational measures in place for data protection, ensuring continuous compliance with the GDPR.
The data controller or the data controller’s representative shall in addition have access to inspect, including physically inspect, the places where the processing of personal data is carried out by the data processor, including physical facilities as well as systems used for and related to the processing. Such an inspection shall be performed, when the data controller deems it required.
The data controller’s costs, if applicable, relating to physical inspection shall be defrayed by the data controller. The data processor shall, however, be under obligation to set aside the resources (mainly time) required for the data controller to be able to perform the inspection.
C.8. Procedures for audits, including inspections, of the processing of personal data being performed by sub-processors
The processor will perform yearly audits of the sub-processors according to the latest guidelines from the Danish Data Protection Agency (Datatilsynet).
The parties’ terms of agreement on other subjects is found in the agreements to which the Clauses is an appendix.
