Data Processing Addendum

This Data Processing Addendum is also available for download (PDF) here.

This Data Processing Addendum (“DPA”) forms a part of the Customer Terms of Service found here, unless Customer has entered into a superseding written master subscription agreement with Trevor, in which case, it forms a part of such written agreement (in either case, the “Agreement”).

The subject-matter of the data processing covered by this DPA is the Service ordered by Customer either through Trevor’s website or through an Ordering Document and provided by Trevor to Customer via www.trevor.io, or as additionally described in the Agreement or the DPA. Further details of the data processing are set out in Annex 1 hereto.

  1. Definitions

    Within this Data Processing Addendum, “GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679), and “Controller”, “Processor”, “Data Subject”, “Personal Data”, “Personal Data Breach” and “Processing” shall have the same meanings as are defined in the GDPR. “Processed” and “Process” shall be construed in accordance with the definition of “Processing”. All other defined terms herein shall have the same meanings as are defined elsewhere in this Agreement.

  2. Data Processing

    i. In conducting its activities as Processor under this Agreement in relation to any Personal Data within Your Data (“Your Personal Data”), Trevor confirms that:

    a. the duration and purpose of the Processing shall be as specified in the Agreement;

    b. the categories of Data Subjects include your representatives, Users and any other individuals identified or identifiable by Your Personal Data;

    c. your obligations and rights as Controller in relation to Your Personal Data are as set out in this Agreement.

    ii. To the extent that Trevor Processes Your Personal Data under or in connection with the Agreement, Trevor shall:

    a. only Process Your Personal Data in accordance with your instructions as set out in this Agreement, including in respect of the transfer of Your Personal Data, and subject to any exceptions permitted by Article 28(3)(a) of the GDPR;

    b. ensure that those of its employees authorised to Process Your Personal Data under this Agreement have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality in relation to Your Personal Data;

    c. implement and maintain appropriate technical and organisational measures designed to protect Your Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure.

    d. respect the conditions referred to below in Section 2(ii) of this Data Processing Addendum when appointing sub-Processors;

    e. at Customer’s request and cost, assist you by appropriate technical and organisational measures, insofar as this is possible through Trevor, to enable you to fulfil your obligations to respond to requests for the exercise of rights by a Data Subject under Chapter III of the GDPR;

    f. assist you in ensuring compliance with your obligations pursuant to Articles 32 to 36 GDPR taking into account the nature of the Processing and the information which is available to Trevor;

    g. on termination of the Agreement, delete the Personal Data pursuant to the Agreement, unless European Union or Member State law requires Personal Data to be retained;

    h. notify Customer without undue delay if, in Trevor’s opinion, an instruction for the processing of personal data given by Customer infringes applicable Data Protection Legislation;

    ii. You authorise Trevor to subcontract its data Processing obligations under this Agreement to Trevor’s Affiliates, and to other third parties, a list of which is available here. Trevor shall do so only by way of a written agreement with such sub-Processor which imposes the same data protection obligations on the sub-Processor as are imposed on Trevor under this Agreement.

    iv. Trevor shall notify you without undue delay upon becoming aware of a Personal Data Breach relating to Your Personal Data. Such notice shall include, at the time of notification or as soon as possible after notification, relevant details of the Personal Data Breach where possible, including the number of your records affected, the category and approximate number of affected Users, anticipated consequences of the breach and any actual or proposed remedies, where appropriate, for mitigating the possible adverse effects of the breach.

  3. Transfer mechanisms

    For transfers of personal data under this DPA from the European Union, the European Economic Area, and/or their members states and Switzerland, to countries that do not ensure an adequate level of data protection, to the extent such transfers are subject to such applicable data protection laws, the Standard Contractual Clauses set forth in Exhibit A to this DPA apply. This DPA and the Customer Agreement are Customer's complete and final instructions at the time of execution for the processing of Personal Data.

  4. Security and audits

    Controls for the Protection of Personal Data. Trevor shall maintain appropriate technical and organizational measures for protection of the security (including protection against unauthorized or unlawful Processing and against accidental or unlawful destruction, loss or alteration or damage, unauthorized disclosure of, or access to, Personal Data), confidentiality and integrity of Personal Data, as set forth in the Security Practices section of the Customer Terms of Service. Trevor regularly monitors compliance with these measures. Trevor will not materially decrease the overall security of the Services during a subscription term.

    Customer may audit Trevor’s compliance with the terms of the Agreement and this DPA up to once per year.

    Customer may perform more frequent audits to the extent required by laws applicable to the Customer. If a third party is to conduct the audit, the third party must be mutually agreed to by both parties and must execute a written confidentiality agreement acceptable to Trevor before conducting the audit.

    To request an audit, the Customer must submit a detailed audit plan at least 4 weeks in advance of the proposed audit date describing the proposed scope, duration, and start date of the audit. Trevor will review the audit plan and provide Customer with any concerns or questions (for example, any request for information that could compromise Trevor’s security, privacy, or employment policies). Before the commencement of any such audit, Customer and Trevor shall mutually agree upon the scope, timing, and duration of the audit, in addition to the reimbursement rate for which Customer shall be responsible.


ANNEXES

Annex 1

Details of the Data Processing

Trevor shall process Customer's Data to provide the Services pursuant to the Agreement. Trevor shall have access to specific types of Customer's Data, which are sent in the form of query results, that Customer has made available to Trevor.

As an example, Customer uses Trevor to run a query against their database and Trevor retrieves the returned results. These results may include types of Personal Data about Customer’s end users, such as:

- City
- Region
- Email address
- Name
- Referrer

Customer's Data is cached and stored for up to 48 hours before being permanently deleted.


EXHIBITS

EXHIBIT A

ADDITIONAL DATA TRANSFER TERMS

1. ADDITIONAL TERMS TO STANDARD CONTRACTUAL CLAUSES

1.1. Customers covered by the Standard Contractual Clauses. The Standard Contractual Clauses and the additional terms specified in this Exhibit A apply to (i) the legal entity that has executed the Standard Contractual Clauses as a data exporter and its Controller Affiliates and, (ii) all Affiliates of Customer established within the European Economic Area, Switzerland and the United Kingdom, which have signed up for the Services. For the purpose of the Standard Contractual Clauses and this Section 1, the aforementioned entities shall be deemed “data exporters”.

1.2. Instructions. This DPA and the Agreement are Customer’s complete and final instructions at the time of execution of the DPA for the Processing of Personal Data. Any additional or alternate instructions must be agreed upon separately. For the purposes of Clause 5(a) of the Standard Contractual Clauses, the processing described in Section 2 of the DPA is deemed an instruction by the Customer to process Personal Data.

1.3. Appointment of new Sub-processors and List of current Sub-processors. Pursuant to Clause 5(h) of the Standard Contractual Clauses, Customer acknowledges and expressly agrees that Trevor will appoint Sub-processors, and make available to Customer the current list of Sub-processors, in accordance with the Subprocessors section of the Customer Terms of Service.

1.4. Notification of New Sub-processors and Objection Right for new Sub-processors. Pursuant to Clause 5(h) of the Standard Contractual Clauses, Customer acknowledges and expressly agrees that Trevor may engage new Sub-processors.

1.5. Audits and Certifications. The parties agree that the audits described in Clause 5(f) and Clause 12(2) of the Standard Contractual Clauses shall be carried out in accordance with Section 4 of the DPA.

1.6. Certification of Deletion. The parties agree that the certification of deletion of Personal Data that is described in Clause 12(1) of the Standard Contractual Clauses shall be provided by Trevor to Customer only upon Customer’s request.

1.7. Conflict. In the event of any conflict or inconsistency between the body of the DPA, this Exhibit, and any of its Schedules (not including the Standard Contractual Clauses) and the Standard Contractual Clauses in Exhibit C, the Standard Contractual Clauses shall prevail.

EXHIBIT B

DESCRIPTION OF PROCESSING ACTIVITIES

A general description of the processing is provided in Annex A of the DPA.

Data subjects

Customer may submit personal data to the Services, the extent of which is determined and controlled by Customer and which may include, but is not limited to, personal data relating to the following categories of data subject:

  • Authorized Users;
  • employees of Customer;
  • consultants of Customer;
  • contractors of Customer;
  • agents of Customer; and/or
  • third parties with which Customer conducts business.

Categories of data

The personal data transferred concern any personal data comprised in Customer Data, as defined in the Customer Terms of Service.

Special categories of data

Customer may submit personal data to Trevor through the Services, the extent of which is determined and controlled by Customer in compliance with applicable Data Protection Law and which may concern the following special categories of data, if any:

  • racial or ethnic origin
  • political opinions
  • religious or philosophical beliefs
  • trade-union membership
  • genetic or biometric data
  • health; and
  • sex life.

Processing operations

The personal data transferred will be processed in accordance with the Agreement and any Order Form and may be subject to the following processing activities:

  • temporary storage (caching for up to 48 hours) and other processing necessary to provide, maintain, and update the Services provided to Customer
  • to provide customer and technical support to Customer and
  • disclosures in accordance with the Agreement, as compelled by law.

EXHIBIT C

For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection, The Customer, as defined in the Customer Terms (the “data exporter”) and Trevor Tech GmbH (the “data importer”) each a ‘party’; together ‘the parties’, agree on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer.

Clause 1

Definitions

For the purposes of the Clauses:

(a) ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;

(b) ‘the Data Exporter’ means the controller who transfers the personal data;

(c) ‘the Data Importer’ means the processor who agrees to receive from the Data Exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;

(d) ‘the subprocessor’ means any processor engaged by the Data Importer or by any other subprocessor of the Data Importer who agrees to receive from the Data Importer or from any other subprocessor of the Data Importer personal data exclusively intended for processing activities to be carried out on behalf of the Data Exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;

(e) ‘the applicable data protection law’ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the Data Exporter is established;

(f) ‘technical and organisational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

Clause 2

Details of the transfer

The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.

Clause 3

Third-party beneficiary clause

1. The data subject can enforce against the Data Exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.

2. The data subject can enforce against the Data Importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the Data Exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the Data Exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the Data Exporter, in which case the data subject can enforce them against such entity.

3. The data subject can enforce against the subprocessor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the Data Exporter and the Data Importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the Data Exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the Data Exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses.

4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.

Clause 4

Obligations of the Data Exporter

The Data Exporter agrees and warrants:

(a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the Data Exporter is established) and does not violate the relevant provisions of that State;

(b) that it has instructed and throughout the duration of the personal data processing services will instruct the Data Importer to process the personal data transferred only on the Data Exporter’s behalf and in accordance with the applicable data protection law and the Clauses;

(c) that the Data Importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Security practices section of the Customer Terms of Service.

(d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;

(e) that it will ensure compliance with the security measures;

(f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;

(g) to forward any notification received from the Data Importer or any subprocessor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the Data Exporter decides to continue the transfer or to lift the suspension;

(h) to make available to the data subjects upon request a copy of the Clauses and a summary description of the security measures, as well as a copy of any contract for subprocessing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;

(i) that, in the event of subprocessing, the processing activity is carried out in accordance with Clause 11 by a subprocessor providing at least the same level of protection for the personal data and the rights of data subject as the Data Importer under the Clauses; and

(j) that it will ensure compliance with Clause 4(a) to (i).

Clause 5

Obligations of the Data Importer

The Data Importer agrees and warrants:

(a) to process the personal data only on behalf of the Data Exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the Data Exporter of its inability to comply, in which case the Data Exporter is entitled to suspend the transfer of data and/or terminate the contract;

(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the Data Exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the Data Exporter as soon as it is aware, in which case the Data Exporter is entitled to suspend the transfer of data and/or terminate the contract;

(c) that it has implemented the technical and organisational security measures specified in the Security Practices section of the Customer Terms of Service before processing the personal data transferred;

(d) that it will promptly notify the Data Exporter about:

(i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation,

(ii) any accidental or unauthorised access, and (iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;

(e) to deal promptly and properly with all inquiries from the Data Exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;

(f) at the request of the Data Exporter to submit its data processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the Data Exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the Data Exporter, where applicable, in agreement with the supervisory authority;

(g) to make available to the data subject upon request a copy of the Clauses, or any existing contract for subprocessing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information;

(h) that, in the event of subprocessing, it has previously informed the Data Exporter via the Subprocessor section of the Customer Terms of Service.

(i) that the processing services by the subprocessor will be carried out in accordance with Clause 11;

(j) to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the Data Exporter.

Clause 6

Liability

1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or subprocessor is entitled to receive compensation from the Data Exporter for the damage suffered.

2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the Data Exporter, arising out of a breach by the Data Importer or his subprocessor of any of their obligations referred to in Clause 3 or in Clause 11, because the Data Exporter has factually disappeared or ceased to exist in law or has become insolvent, the Data Importer agrees that the data subject may issue a claim against the Data Importer as if it were the Data Exporter, unless any successor entity has assumed the entire legal obligations of the Data Exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity. The Data Importer may not rely on a breach by a subprocessor of its obligations in order to avoid its own liabilities.

3. If a data subject is not able to bring a claim against the Data Exporter or the Data Importer referred to in paragraphs 1 and 2, arising out of a breach by the subprocessor of any of their obligations referred to in Clause 3 or in Clause 11 because both the Data Exporter and the Data Importer have factually disappeared or ceased to exist in law or have become insolvent, the subprocessor agrees that the data subject may issue a claim against the data subprocessor with regard to its own processing operations under the Clauses as if it were the Data Exporter or the Data Importer, unless any successor entity has assumed the entire legal obligations of the Data Exporter or Data Importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the subprocessor shall be limited to its own processing operations under the Clauses.

Clause 7

Mediation and jurisdiction

1. The Data Importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the Data Importer will accept the decision of the data subject:

(a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;

(b) to refer the dispute to the courts in the Member State in which the Data Exporter is established.

2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.

Clause 8

Cooperation with supervisory authorities

1. The Data Exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests.

2. The parties agree that the supervisory authority has the right to conduct an audit of the Data Importer, and of any subprocessor, which has the same scope and is subject to the same conditions as would apply to an audit of the Data Exporter under the applicable data protection law.

3. The Data Importer shall promptly inform the Data Exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the Data Importer, or any subprocessor, pursuant to paragraph 2. In such a case the Data Exporter shall be entitled to take the measures foreseen in Clause 5 (b).

Clause 9

Governing Law

The Clauses shall be governed by the law of the Member State in which the Data Exporter is established.

Clause 10

Variation of the contract

The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.

Clause 11

Subprocessing

1. The Data Importer shall not subcontract any of its processing operations performed on behalf of the Data Exporter under the Clauses without the prior consent of the Data Exporter. Where the Data Importer subcontracts its obligations under the Clauses, with the consent of the Data Exporter, it shall do so only by way of a agreement with the subprocessor which imposes the same obligations on the subprocessor as are imposed on the Data Importer under the Clauses. Where the subprocessor fails to fulfil its data protection obligations under such agreement the Data Importer shall remain fully liable to the Data Exporter for the performance of the subprocessor’s obligations under such agreement.

2. The prior contract between the Data Importer and the subprocessor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the Data Exporter or the Data Importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the Data Exporter or Data Importer by contract or by operation of law. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses.

3. The provisions relating to data protection aspects for subprocessing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the Data Exporter is established.

4. The Data Exporter shall keep a list of subprocessing agreements concluded under the Clauses and notified by the Data Importer pursuant to Clause 5 (j), which shall be updated at least once a year. The list shall be available to the Data Exporter’s data protection supervisory authority.

Clause 12

Obligation after the termination of personal data processing services

1. The parties agree that on the termination of the provision of data processing services, the Data Importer and the subprocessor shall, at the choice of the Data Exporter, return all the personal data transferred and the copies thereof to the Data Exporter or shall destroy all the personal data and certify to the Data Exporter that it has done so, unless legislation imposed upon the Data Importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the Data Importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.

2. The Data Importer and the subprocessor warrant that upon request of the Data Exporter and/or of the supervisory authority, it will submit its data processing facilities for an audit of the measures referred to in paragraph 1.

Appendix 1 to the Standard Contractual Clauses

Data Exporter

The Data Exporter is a customer of the Data Importer’s business intelligence software, services, systems and/or technologies, and the Data Exporter is established in the territory of an EU Member State.

Data Importer

The Data Importer is a provider of business intelligence software, services, systems and/or technologies.

Data subjects

Data Exporter may submit personal data to the Data Importer through the Services, the extent of which is determined and controlled by the Data Exporter in compliance with applicable Data Protection Law and which may include, but is not limited to, personal data relating to the following categories of data subject:

  • Authorized Users;
  • employees of the Data Exporter
  • consultants of the Data Exporter
  • contractors of the Data Exporter
  • agents of the Data Exporter; and/or
  • third parties with which the Data Exporter conducts business.

Categories of data

The personal data transferred concern the following categories of data: Any personal data comprised in Customer Data. “Customer Data” means all data and information submitted by Authorized Users to the Services and includes message text, files, comments and links, but does not include Non-Trevor Products or the Services.

Special categories of data

Data Exporter may submit personal data to the Data Importer through the Services, the extent of which is determined and controlled by the Data Exporter in compliance with Applicable Data Protection Law and which may concern the following special categories of data, if any:

  • racial or ethnic origin
  • political opinions
  • religious or philosophical beliefs
  • trade-union membership
  • genetic or biometric data
  • health; and
  • sex life.

Processing operations

The personal data transferred will be processed in accordance with the Agreement and any Order Form and may be subject to the following processing activities:

  • temporary storage (caching for up to 48 hours) and other processing necessary to provide, maintain, and update the Services provided to Customer
  • to provide customer and technical support to Customer and
  • disclosures in accordance with the Agreement, as compelled by law.
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