GDPR

General Data Protection Regulation and PlaceOS

General Data Protection Regulations (GDPR)

The General Data Protection Regulation (GDPR) 2016/679 is a regulation in EU law on data protection and privacy in the European Union and the European Economic Area.

It also addresses the transfer of personal data outside the EU and EEA areas.

We have made every effort to provide a detailed overview of the GDPR compliance and how PlaceOS supports your business to operate within the confines of this regulation especially when it comes to customer data.

But it is still advised to engage the services of a legal counsel in order to have a better understanding of GDPR compliance and the liabilities that come along with it.

The following compliance guide is actually the practices, procedures and upgrades introduced in the internal working of PlaceOS to make its services GDPR compliant.

GDPR Principles

Place Technology and PlaceOS Applications comply with the six overall principles of GDPR, they are:

  • Lawfulness, transperancy and fairnss

  • Purpose Limitation

  • Data Minimisation

  • Data Accuracy

  • Storage Limitations

  • Confidentiality and Integrity

Your privacy and security is very important and is a core consideration within the design of the PlaceOS Application.

Lawful Processing

Place Technology has a lawful basis for processing your personal data under the provisions of GDPR 6 (1) a, b, and c.

These provisions allow for processing your personal data based on your consent and/or that your data is necessary for the performance of a contract or to take steps to entering into a contract and/or for the legal obligation we have in relation to providing you with the agreed services.

Data Controller or Data Processor?

PlaceOS is a Data Processor and Data Controller.

PlaceOS records personal information from end users to be used within our application.

PlaceOS maintain hold of personal data, but the use of the data is decided by another organisation.

Further information on how we store and encrypt this data is available in the Securty section.

Information we may collect

We may collect and process the following data about you:

  • Full Name

  • User Name

  • Employee Number

  • Email Address

  • Phone Number

  • Details of your visits to our application including, but not limited to:

    • Traffic data

    • Location data

    • Weblogs and other communication data

How We Use Personal Data

We will use your information together with other information for administration and/or user authentication on our applications.

IP Addresses and Cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and/or troubleshooting.

When you visit one of our applications, we may send you a cookie.

A cookie is a small file that can be placed on your computer’s hard disk for record keeping purposes and we may use them to do a number of things.

Cookies help us to recognise you when you next visit one of our applications.

This allows us to tailor the content we provide to your preferences.

Deletion & Rectification

GDPR requires businesses and websites to forget and delete the user data when requested by the user.

Individual users may be deleted, including all record of their user data from the PlaceOS Application.

The user record would remain in the authentication provider source of truth.

You have a right to have any inaccurate or incomplete data rectified.

Information Requests

Under GDPR, individuals have the right to confirm if their data is being processed and the right to access their personal data and other supplementary information.

Individuals must be able to verify their identity through reasonable means.

Disclosure of Personal Information

We will not disclose your personal information to any third parties.

Any third parties who are party to the contractual agreements in place will have access to data per the requirements of their existing contracts.

Data Processing Agreement

The below document is a example of our Data Processing Agreement.

This Data Processing Agreement (“Agreement“) forms part of the Contract for Services (“Principal Agreement“) between Your Company (the “Company”) and Place Technology (the “Data Processor”) (together as the “Parties”).

WHEREAS

(A) The Company acts as a Data Controller.

(B) The Company wishes to subcontract certain Services, which imply the processing of personal data, to the Data Processor.

(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 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).

(D) The Parties wish to lay down their rights and obligations.

IT IS AGREED AS FOLLOWS:

  1. Definitions and Interpretation

1.1 Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:

1.1.1 “Agreement” means this Data Processing Agreement and all Schedules;

1.1.2 “Company Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of Company pursuant to or in connection with the Principal Agreement;

1.1.3 “Contracted Processor” means a Subprocessor;

1.1.4 “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;

1.1.5 “EEA” means the European Economic Area;

1.1.6 “EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;

1.1.7 “GDPR” means EU General Data Protection Regulation 2016/679;

1.1.8 “Data Transfer” means:

1.1.8.1 a transfer of Company Personal Data from the Company to a Contracted Processor; or

1.1.8.2 an onward transfer of Company Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);

1.1.9 “Services” means the __________________ services the Company provides.

1.1.10 “Subprocessor” means any person appointed by or on behalf of Processor to process Personal Data on behalf of the Company in connection with the Agreement.

1.2 The terms, “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.

  1. Processing of Company Personal Data

2.1 Processor shall:

2.1.1 comply with all applicable Data Protection Laws in the Processing of Company Personal Data; and

2.1.2 not Process Company Personal Data other than on the relevant Company’s documented instructions.

2.2 The Company instructs Processor to process Company Personal Data.

  1. Processor Personnel Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

  2. Security

4.1 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, Processor shall in relation to the Company Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.

4.2 In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.

  1. Subprocessing

5.1 Processor shall not appoint (or disclose any Company Personal Data to) any Subprocessor unless required or authorized by the Company.

  1. Data Subject Rights

6.1 Taking into account the nature of the Processing, Processor shall assist the Company by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Company obligations, as reasonably understood by Company, to respond to requests to exercise Data Subject rights under the Data Protection Laws.

6.2 Processor shall:

6.2.1 promptly notify Company if it receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and

6.2.2 ensure that it does not respond to that request except on the documented instructions of Company or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform Company of that legal requirement before the Contracted Processor responds to the request.

  1. Personal Data Breach

7.1 Processor shall notify Company without undue delay upon Processor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Company with sufficient information to allow the Company to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.

7.2 Processor shall co-operate with the Company and take reasonable commercial steps as are directed by Company to assist in the investigation, mitigation and remediation of each such Personal Data Breach.

  1. Data Protection Impact Assessment and Prior Consultation Processor shall provide reasonable assistance to the Company with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Company reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.

  2. Deletion or return of Company Personal Data

9.1 Subject to this section 9 Processor shall promptly and in any event within

10 business days of the date of cessation of any Services involving the Processing of Company Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Company Personal Data.

  1. Audit rights

10.1 Subject to this section 10, Processor shall make available to the Company on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the Company or an auditor mandated by the Company in relation to the Processing of the Company Personal Data by the Contracted Processors.

10.2 Information and audit rights of the Company only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.

  1. Data Transfer

11.1 The Processor may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the Company. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.

  1. General Terms

12.1 Confidentiality. Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that: (a) disclosure is required by law; (b) the relevant information is already in the public domain.

12.2 Notices. All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out in the heading of this Agreement at such other address as notified from time to time by the Parties changing address.

  1. Governing Law and Jurisdiction

13.1 This Agreement is governed by the laws of _______________.

13.2 Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of _________________, subject to possible appeal to __________________________________.

IN WITNESS WHEREOF, this Agreement is entered into with effect from the date first set out below.

Your Company Signature _____________________________ Name: ________________________________ Title: _________________________________ Date Signed: _________________________

Processor Company Signature ______________________________ Name _________________________________ Title __________________________________ Date Signed __________________________

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