DATA PROCESSING AGREEMENT

Last Updated 1/1/2020

 

This Data Processing Agreement is between Optic Power LLC (dba Process Power or Processpwr.com), the Processor, and You, the Customer & Controller. 

This Agreement is dated from the day of your sign-up with our services.

 

Parties

“Processor” Optic Power LLC (dba Process Power or Processpwr.com) incorporated and registered in Puerto Rico, whose registered office is at LA-9 Calle Montebello, Guaynabo, PR 00966 

“Controller” You and/or your company/companies, hereinafter collectively referred to as ‘Parties’ and individually ‘Party’

 

Background

References to the term Data Processing Agreement means this “Agreement” and the following schedules attached hereto:

Schedule 1: Services, Processing, Personal Data, and Data Subjects

Schedule 2: Security Measures

 

1. Agreed terms

The terms and expressions set out in this Agreement shall have the following meanings:

1.1 Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in (ii) any successor legislation to the GDPR or the Data Protection Act 1998;

1.2 “Controller”, “Processor”, “Processing” and “Data Subject” shall have the meanings given to them in the Data Protection Legislation;

1.3 ICO means the Information Commissioner’s Office;

1.4 Personal Data means all such “personal data” as defined in the Data Protection Legislation as is, or is to be, processed by the Processor on behalf of the Controller;

1.5 Services means those services and/or facilities described in Schedule 1 which are provided by the Processor to the Controller and which the Controller uses for the purpose(s) described in Schedule 1.

1.6 “Security Measures” means the security measures set out in Schedule 2

1.7 Clause, Schedule, and paragraph headings shall not affect the interpretation of this agreement.

1.8 A person includes a natural person, corporate, or unincorporated body (whether or not having separate legal personality).

1.9 The Schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the Schedules.

1.10 A reference to a company shall include any company, corporation or other corporate bodies, wherever and however incorporated or established.

1.11 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

 

It Is Agreed as follows:

 

2. Scope of Processing

2.1 The Controller determines the purposes and means of the processing of Personal Data. The Controller shall comply with its obligations pursuant to Data Protection Legislation, including the responsibility to ensure the necessary legal basis for collecting, processing, and transfer of Personal Data.

2.2 The terms of this Agreement supersede any other arrangement, understanding or agreement made between the Parties at any time relating to the protection of Personal Data.

2.3 This Agreement concerns the Processor’s processing of Personal Data on behalf of the Controller in connection with the Processor’s provision of the Services or otherwise as described in Schedule 1.

2.4 The nature and the purpose of the processing, including operations and activities, are specified in Schedule 1 but the Processor is only to carry out the Services, and only to process Personal Data received from the Controller or tasked by the Controller to generate, acquire or organize:

    • for the purposes of those Services and not for any other purpose;
    • to the extent and in such manner as is necessary for those purposes; and
    • strictly in accordance with the express authorization and instructions of designated contacts at the Controller (which may be specific instructions or instructions of a general nature or as otherwise notified by the Controller to the Processor).

2.5 The Processor, its Sub-processors, and other persons acting under the authority of the Processor who has access to the Personal Data shall process the Personal Data only on behalf of the Controller and in compliance with its documented instructions and in accordance with the Processing Agreement unless otherwise stipulated in applicable statutory laws.

2.6 The Processor shall immediately inform the Controller if, in the Processor’s opinion, an instruction infringes the Data Protection Legislation.

2.7 The Processor shall promptly comply with any request from the Controller requiring the Processor to amend, transfer, or delete the Personal Data.

2.8 The Processor agrees to comply with any reasonable measures required by the Controller, and the Controller agrees to comply with any reasonable measures required by the Processor, to ensure that its obligations under this Agreement are satisfactorily performed in accordance with the Data Protection Legislation and all applicable legislation from time to time in force and any best practice guidance issued by the ICO.

2.9 Where the Processor processes Personal Data (whether stored in the form of physical or electronic records) on behalf of the Controller it shall:

2.9.1 be resolved that the Controller gives the Processor explicit permission to process the Personal Data outside the European Union where applicable under the transfer obligations of Chapter V of the Data Protection Legislation;

2.9.2 process the Personal Data only to the extent, and in such manner, as is necessary in order to comply with its obligations to the Controller or as is required by law or any regulatory body including but not limited to the ICO;

2.9.3 implement appropriate technical and organizational measures and take all steps necessary to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure, and promptly supply details of such measures as requested from the Controller;

2.9.4 any transfer of Personal Data is subject to the Data Protection Legislation’s standard contractual clauses or another legal basis for such transfer or disclosure; and

2.9.5 if so requested by the Controller supply details of the technical and organizational systems in place to safeguard the security of the Personal Data held and to prevent unauthorized access.

2.10 The Processor shall notify the Controller (within five working days) if it receives:

2.10.1 a request from a data subject to have access to that person’s Personal Data; or

2.10.2 a complaint or request relating to the Controller’s obligations under the Data Protection Legislation.

2.11 The Processor agrees to provide the Controller with full cooperation and assistance in relation to any complaint or request made, including by:

2.11.1 providing the Controller with full details of the complaint or request;

2.11.2 complying with a data access request within the relevant timescale and in accordance with the Controller’s instructions;

2.11.3 providing the Controller with any Personal Data it holds in relation to a data subject (within the timescales required by the Controller);

2.11.4 providing the Controller with any information requested by the Controller;

2.12 notify the Controller immediately if it becomes aware of any unauthorized or unlawful processing, loss of, damage to, or destruction of any of the Personal Data.

 

3. Security Measures

3.1 The Processor shall implement appropriate technical and organizational measures as stipulated in Data Protection Legislation and/or measures imposed by the ICO to ensure an appropriate level of security and these are outlined in Schedule 2.

3.2 The Processor shall assess the appropriate level of security and take into account the risks related to the processing, including risk for accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Person Data transmitted, stored or otherwise processed.

3.3 All transmissions of Personal Data between the Processor and the Controller or between the Processor and any third party shall be done by means of adequate encryption agreed between the Parties.

3.4 The Processor shall provide reasonable assistance to the Controller, taking into account relevant information available to the Processor, if the Controller is obliged to perform an impact assessment and/or consult ICO in connection with the processing of Personal Data. The Controller shall bear any costs accrued by the Processor related to such assistance.

 

4. Notification of any Breach

4.1 The Processor shall notify the Controller without undue delay after becoming aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise processed (“Personal Data Breach“). The Controller is responsible for notifying the Personal Data Breach to the ICO within 72 hours of any such breach.

4.2 The notification to the Controller shall as a minimum describe (i) the nature of the Personal Data Breach including where possible, the categories and the approximate number of Data Subjects concerned and the categories and the approximate number of Personal Data records concerned; (ii) the likely consequences, in the reasonable opinion of the Processor, of the Personal Data Breach; (iii) the measures taken or proposed to be taken by the Processor to address the Personal Data Breach, including, where appropriate, measures to mitigate its possible adverse effects.

4.3 In the event the Controller is obliged to communicate a Personal Data Breach to the Data Subjects, the Processor shall assist the Controller, including the provision, if available, of necessary contact information to the affected Data Subjects. The Controller shall bear any costs related to such assistance provided by the Processor and to such communication to the Data Subject.

 

5. Sub-Processing

5.1 The Processor may engage another processor (“Sub-processor“) in the processing of the Personal Data without the written consent of the Controller.

5.2 The Processor shall ensure that its data protection obligations set out in this Agreement and the Data Protection Legislation are imposed on any Sub-processors by way of a written agreement. Any Sub-processor shall, in particular, provide sufficient guarantees to implement appropriate technical and organizational measures to comply with Data Protection Legislation. The Processor shall remain fully liable to the Controller for the performance of any Sub-processor.

 

6. Warranties and Indemnities

6.1 Each party warrants to the other that it will process the Personal Data in compliance with this Agreement and in accordance with the Data Protection Legislation.

6.2 The Parties shall each be liable for and shall indemnify (and keep indemnified) each other against each and every action, proceeding, liability, cost, claim, loss, expense (including reasonable legal fees and disbursements on a solicitor and client basis) and demand incurred by the other which arise directly or in connection with any data processing activities which are subject to this Agreement.

6.3 LIMITATIONS ON LIABILITIES. IN NO EVENT OR ANY CIRCUMSTANCES WHATSOEVER SHALL ANY PARTY BE LIABLE FOR LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY WERE OTHERWISE FORESEEABLE. EACH PARTY’S TOTAL LIABILITY FOR TORT, CONTRACT, AND OTHER DAMAGES SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL MONTHLY SUBSCRIPTION FEES AS DEFINED ON EXHIBIT B PAID TO COMPANY BY THE CUSTOMER IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH A CLAIM IS FIRST ASSERTED, LESS AGGREGATE DAMAGES PREVIOUSLY PAID BY SUCH PARTY UNDER THIS AGREEMENT. NEITHER PARTY SHALL BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST THE OTHER PARTY BY ANY THIRD PARTY EXCEPT FOR THE INDEMNIFICATION SET FORTH IN THIS SECTION 6. THESE LIMITATIONS OF LIABILITY SHALL APPLY TO ALL CLAIMS AGAINST EACH PARTY IN THE AGGREGATE (NOT PER INCIDENT) AND TOGETHER WITH THE DISCLAIMER OF WARRANTIES SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDIES PROVIDED IN THIS AGREEMENT.

 

7. Confidentiality

7.1 The Controller is subject to a duty of confidentiality regarding any documentation and information, received by the Processor, related to the Processor’s and its Sub-processors’ implemented technical and organizational security measures.

7.2 The obligations in this Clause 7 shall continue for a period of five years after the cessation of the provision of Services by the Processor to the Controller. Nothing in this Agreement shall prevent either party from complying with any legal obligation imposed by the ICO or a court. Both parties shall, however, where possible, discuss together the appropriate response to any request from the ICO or court for disclosure of information.

 

8. Term and Termination

8.1 The Processing Agreement is valid for as long as the Processor processes Personal Data on behalf of the Controller.

8.2 In the event of the Processor’s breach of the Processing Agreement, the Controller may (i) instruct the Processor to stop further processing of Personal Data with immediate effect; (ii) terminate the Processing Agreement with immediate effect; the Controller may not claim damages for direct economic loss caused by the Processor’s breach, subject always to the provisions (including limitation of liability provisions) of the agreement(s) pursuant to which the Services are provided.

8.3 The Processor shall, upon the termination of this Agreement and at the choice of the Controller or the Processor, delete all the Personal Data collected or used on behalf of the Controller unless otherwise stipulated otherwise in the Data Protection Legislation.

 

9. General

9.1 This Agreement may only be amended by the Parties subject to mutual consent and in accordance with the Data Protection Legislation.

9.2 The Processor shall not subcontract to any third party any of its rights or obligations under this Agreement save for where permitted by the Parties under this Agreement.

9.3 This Agreement shall be governed by the laws of Puerto Rico and subject to the exclusive jurisdiction of the courts of Puerto Rico.

 

Schedule 1 – Services, Processing, Personal Data, and Data Subjects

 

1. Services

The “Services” referred to in Sub-Clause 1.5 means services as outlined in the Terms of Service. Further description of the Services is set out in the applicable service agreement and documentation.

 

2. Processing

The Personal Data will be subject to the following basic processing activities:

  • Information gathering
  • Information processing
  • Information categorization and organization

 

3. Personal data & Data Subjects

The Personal Data and Data Subjects are processed in accordance with our Data Protection Policy below. 

 

Schedule 2 – Security Measures

The Security Measures are processed in accordance with our Data Protection Policy. 



Data Protection Policy

Section A: Overview

 

1. The reason for this policy

1.1 You have legal rights with regard to the way your personal data is handled.

1.2 In the course of our business activities we collect, store and process personal data about our customers, suppliers and other third parties, and therefore in order to comply with the law and to maintain confidence in our business, we acknowledge the importance of correct and lawful treatment of this data.

1.3 All people working in or with our business are obliged to comply with this policy when processing personal data.

 

2. Introduction

2.1 This policy and any other documents referred to in it sets out the basis on which we will process any personal data we collect from data subjects, for example, customers and business contacts, or that is provided to us by data subjects or other sources.

2.2 It also sets out our obligations in relation to data protection under the General Data Protection Regulation (“the Regulation”).

2.3 This policy sets out rules on data protection and the legal conditions that must be satisfied when we obtain, handle, process, transfer, and store personal data.

2.4 The procedures and principles set out herein must be followed at all times by us and our employees, agents, contractors, or other parties working on behalf of the Company.

2.5 We aim to ensure the correct, lawful, and fair handling of your personal data and to respect your legal rights.

 

3. The meaning of key Data Protection terms

3.1 Data is information that is stored electronically, on a computer, or in certain paper-based filing systems.

3.2 Data subjects for the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal information.

3.3 Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (for example, a name, address, or date of birth) or it can be an opinion about that person, their actions, and behavior.

3.4 Data controllers are the people who or organizations that determine the purposes for which, and the manner in which, any personal data is processed. They are responsible for establishing practices and policies in line with the Act. We are the data controller of all personal data used in our business for our own commercial purposes.

3.5 Processing is any activity that involves the use of the data. It includes obtaining, recording, or holding the data, or carrying out any operation or set of operations on the data including organizing, amending, retrieving, using, disclosing, erasing, or destroying it. Processing also includes transferring personal data to third parties.

 

4. Summary of the Data Protection Principles.

This Policy aims to ensure compliance with the Regulation. The Regulation sets out the following principles with which any party handling personal data must comply.  All personal data must be:

a) (Processed fairly and lawfully) processed lawfully, fairly, and in a transparent manner in relation to the data subject;

b) (Processed for limited purposes and in an appropriate way) collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;

c) (Adequate, relevant and not excessive for the purpose) adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;

d) (Accurate) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay;

e) (Not kept longer than necessary for the purpose) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to the implementation of the appropriate technical and organizational measures required by the Regulation in order to safeguard the rights and freedoms of the data subject.

f) (Processing in line with data subject’s rights) personal data must be processed in line with data subjects’ rights, in particular, your right to:

g) (Security) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures

h) (Transfers outside EEA) not transferred to people or organizations situated in countries without adequate protection.

4.2.1 request access to any data held about them by a Data Controller (see also clause 15).

4.2.2 prevent the processing of their data for direct marketing purposes.

4.2.3 ask to have inaccurate data amended (see also clause 9).

4.2.4 prevent processing that is likely to cause damage or distress to themselves or anyone else.

 

 5. Our use of personal data and our purpose

We collect, hold, and process the personal data referred to in Schedule 1 (and the purpose for which we process that personal data is also set out in Schedule 1).

 

6. Our data protection measures

When we are working with personal data we take the measures set out in Schedule 2.

 

Section B:  Data Protection Principles

 

7. Lawful, Fair, and Transparent Data Processing

The Regulation is not intended to prevent the processing of personal data but to ensure that it is done fairly and without adversely affecting the rights of the data subject.  The processing of personal data is lawful if one (or more) of the following applies:

a) (consent) the data subject has given consent to the processing of his or her personal data for one or more specific purposes

b) (contract) processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract

c) (legal obligation) processing is necessary for compliance with a legal obligation to which the Data Controller is subject;

d) (protection) processing is necessary to protect the vital interests of the data subject or of another natural person;

e) (public interest) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Data Controller;

f) (legitimate interests) processing is necessary for the purposes of the legitimate interests pursued by the Data Controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

 

8. Processed for Specified, Explicit and Legitimate Purposes 

8.1 The Company collects and processes the personal data set out in Schedule 1 of this Policy.  This may include personal data received directly from data subjects (for example, contact details used when a data subject communicates with us) and can include data received from third parties.

8.2 The Company only processes personal data for the specific purposes set out in Schedule 1 of this Policy (or for other purposes expressly permitted by the Regulation).  The purposes for which we process personal data will be informed to data subjects at the time that their personal data is collected, where it is collected directly from them, or as soon as possible (not more than one calendar month) after collection where it is obtained from a third party.

 

9. Adequate, Relevant and Limited Data Processing

The Company will only collect and process personal data for and to the extent necessary for the specific purpose(s) informed to data subjects as under Part 5, above.

 

10. Accuracy of Data and Keeping Data Up To Date

The Company shall ensure that all personal data collected and processed is kept accurate and up-to-date.  The accuracy of data shall be checked when it is collected and at regular intervals thereafter. Where any inaccurate or out-of-date data is found, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

 

11. Timely Processing

The Company shall not keep personal data for any longer than is necessary in light of the purposes for which that data was originally collected and processed.  When the data is no longer required, all reasonable steps will be taken to erase it without delay.

 

12. Secure Processing

The Company shall ensure that all personal data collected and processed is kept secure and protected against unauthorized or unlawful processing and against accidental loss, destruction, or damage.  Further details of the data protection and organizational measures that shall be taken are provided in Parts 22 and 23 of this Policy.

12.1 An assessment of the risks posed to individual data subjects; and

12.2 Details of the measures in place to minimize and handle risks including safeguards, data security, and other measures and mechanisms to ensure the protection of personal data, sufficient to demonstrate compliance with the Regulation.

 

Section C: Data Subject Rights

 

13. The Rights of Data Subjects

The Regulation sets out the following rights applicable to data subjects:

a) The right to be informed;

b) The right of access;

c) The right to rectification;

d) The right to erasure (also known as the ‘right to be forgotten’);

e) The right to restrict processing;

f) The right to data portability;

g) The right to object;

h) Rights with respect to automated decision-making and profiling.

 

14. Keeping Data Subjects Informed

14.1 The Company shall ensure that the following information is provided to every data subject when personal data is collected:

a) Details of the Company

b) The purpose(s) for which the personal data is being collected and will be processed (as detailed in Schedule 1 of this Policy) and the legal basis justifying that collection and processing;

c) Where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data;

d) Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;

e) Where the personal data is to be transferred to one or more third parties, details of those parties;

f) Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place (see Part 26 of this Policy for further details concerning such third country data transfers);

g) Details of the length of time the personal data will be held by the Company (or, where there is no predetermined period, details of how that length of time will be determined);

h) Details of the data subject’s rights under the Regulation;

i) Details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time;

j) Details of the data subject’s right to complain to the Information Commissioner’s Office (the ‘supervisory authority’ under the Regulation);

k) Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it;

l) Details of any automated decision-making that will take place using the personal data (including but not limited to profiling), including information on how decisions will be made, the significance of those decisions, and any consequences.

14.2 The information set out above in Part 14.1 shall be provided to the data subject at the following applicable time:

14.2.1 Where the personal data is obtained from the data subject directly, at the time of collection;

14.2.2 Where the personal data is not obtained from the data subject directly (i.e. from another party):

a) If the personal data is used to communicate with the data subject, at the time of the first communication; or

b) If the personal data is to be disclosed to another party, before the personal data is disclosed; or

c) In any event, not more than one month after the time at which the Company obtains the personal data.

 

15. Data Subject Access

15.1 A data subject may make a subject access request (“SAR”) at any time to find out more about the personal data which the Company holds about them.  The Company is normally required to respond to SARs within one month of receipt (this can be extended by up to two months in the case of complex and/or numerous requests, and in such cases, the data subject shall be informed of the need for the extension).

15.2 The Company does not charge a fee for the handling of normal SARs.  The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

 

16. Rectification of Personal Data

16.1 If a data subject informs the Company that personal data held by the Company is inaccurate or incomplete, requesting that it be rectified, the personal data in question shall be rectified, and the data subject informed of that rectification, within one month of receipt the data subject’s notice (this can be extended by up to two months in the case of complex requests, and in such cases, the data subject shall be informed of the need for the extension).

16.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification of that personal data.

 

17. Erasure of Personal Data

17.1 Data subjects may request that the Company erases the personal data it holds about them in the following circumstances:

a) It is no longer necessary for the Company to hold that personal data with respect to the purpose for which it was originally collected or processed;

b) The data subject wishes to withdraw their consent to the Company holding and processing their personal data;

c) The data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see Part 20 of this Policy for further details concerning data subjects’ rights to object);

d) The personal data has been processed unlawfully;

e) The personal data needs to be erased in order for the Company to comply with a particular legal obligation.

17.2 Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request (this can be extended by up to two months in the case of complex requests, and in such cases, the data subject shall be informed of the need for the extension).

17.3 In the event that any personal data that is to be erased in response to a data subject request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

 

18. Restriction of Personal Data Processing

18.1 Data subjects may request that the Company ceases processing the personal data it holds about them.  If a data subject makes such a request, the Company shall retain only the amount of personal data pertaining to that data subject that is necessary to ensure that no further processing of their personal data takes place.

18.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).

 

19. Data Portability

19.1 The Company processes personal data using automated means using internal and 3rd party APIs and systems.

19.2 Where data subjects have given their consent to the Company to process their personal data in such a manner or the processing is otherwise required for the performance of a contract between the Company and the data subject, data subjects have the legal right under the Regulation to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other Data Controllers, e.g. other organizations).

19.3 To facilitate the right of data portability, the Company shall make available all applicable personal data to data subjects in the following formats:

a) Microsoft Excel Spreadsheet (.xls)

b) CSV (.csv)

19.4 Where technically feasible, if requested by a data subject, personal data shall be sent directly to the responsible Data Controller.

19.5 All requests for copies of personal data shall be complied with within one month of the data subject’s request (this can be extended by up to two months in the case of complex requests in the case of complex or numerous requests, and in such cases, the data subject shall be informed of the need for the extension).

 

20. Objections to Personal Data Processing

20.1 Data subjects have the right to object to the Company processing their personal data based on legitimate interests (including profiling), direct marketing (including profiling).

20.2 Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing forthwith, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms; or the processing is necessary for the conduct of legal claims.

20.3 Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing forthwith.

20.4 Where a data subject objects to the Company processing their personal data for scientific and/or historical research and statistics purposes, the data subject must, under the Regulation, ‘demonstrate grounds relating to his or her particular situation’.  The Company is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.

 

21. Automated Decision-Making

21.1 In the event that the Company uses personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on data subjects, data subjects have the right to challenge to such decisions under the Regulation, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from the Company.

21.2 The right described in Part 21.1 does not apply in the following circumstances:

a) The decision is necessary for the entry into, or performance of, a contract between the Company and the data subject;

b) The decision is authorized by law; or

c) The data subject has given their explicit consent.

 

22. Profiling

Where the Company uses personal data for profiling purposes, the following shall apply:

a) Clear information explaining the profiling will be provided, including its significance and the likely consequences;

b) Appropriate mathematical or statistical procedures will be used;

c) Technical and organizational measures necessary to minimize the risk of errors and to enable such errors to be easily corrected shall be implemented; and

d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling (see Parts 22 and 23 of this Policy for more details on data security).

 

Section D: Our Other Obligations

 

23. Accountability

23.1 The Company’s data protection officer is the Chief Operating Officer who can be contacted at privacy@opticpwr.com

23.2 The Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:

23.3 The name and details of the Company, its data protection officer, and any applicable third-party Data Controllers;

a) The purposes for which the Company processes personal data;

b) Details of the categories of personal data collected, held, and processed by the Company; and the categories of data subject to which that personal data relates;

c) Details (and categories) of any third parties that will receive personal data from the Company;

d) Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;

e) Details of how long personal data will be retained by the Company; and

f) Detailed descriptions of all technical and organizational measures taken by the Company to ensure the security of personal data.

 

24. Privacy Impact Assessments

The Company shall carry out Privacy Impact Assessments when and as required under the Regulation. Privacy Impact Assessments shall be overseen by the Company’s data protection officer and shall address the following areas of importance:

24.1 The purpose(s) for which personal data is being processed and the processing operations to be carried out on that data;

24.2 Details of the legitimate interests being pursued by the Company;

24.3 An assessment of the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;

 

25. Organizational Measures

The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:

a) All employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the Regulation and under this Policy, and shall be provided with a copy of this Policy;

b) Only employees, agents, sub-contractors, or other parties working on behalf of the Company that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Company;

c) All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately trained to do so;

d) All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately supervised;

e) Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed;

f) The performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;

g) All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of the Regulation and this Policy by contract;

h) All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and the Regulation;

i) Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

 

26. Transferring Personal Data to a Country Outside the EEA

26.1 The Company may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA. 

26.2 The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:

a) The transfer is to a country, territory, or one or more specific sectors in that country (or an international organization), that the European Commission has determined ensures an adequate level of protection for personal data;

b) The transfer is to a country (or international organization) which provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the Regulation); contractual clauses agreed and authorized by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorized by the competent supervisory authority;

c) The transfer is made with the informed consent of the relevant data subject(s);

d) The transfer is necessary for the performance of a contract between the data subject and the Company (or for pre-contractual steps taken at the request of the data subject);

e) The transfer is necessary for important public interest reasons;

f) The transfer is necessary for the conduct of legal claims;

g) The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent; or

h) The transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.

 

27. Data Breach Notification 

27.1 All personal data breaches must be reported immediately to the Company’s data protection officer.

27.2 If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the data protection officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.

27.3 In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 27.2) to the rights and freedoms of data subjects, the data protection officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.

27.4 Data breach notifications shall include the following information:

a) The categories and approximate number of data subjects concerned;

b) The categories and approximate number of personal data records concerned;

c) The name and contact details of the Company’s data protection officer (or other contact point where more information can be obtained);

d) The likely consequences of the breach;

e) Details of the measures taken or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.

 

28. Implementation of Policy

This Policy shall be deemed effective as of January 1, 2020. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

 

Schedule 1: Our Use Of Personal Data And Our Purpose

The following personal data may be collected, held, and processed by the Company:

Description of Data

Reason That the Data is Collected, Held and Processed

External Data such as name, gender, ethnicity, age, and geographic data

Either as:

1) data processor on behalf of a data controller to fulfill a service request of the data controller or

2) data controller for human resources, general marketing, client acquisition or to fulfill a service request by the data subject

Social Data such as job titles, work history, educational background, employment history, certifications, group memberships, and professional connections

Either as:

1) data processor on behalf of a data controller to fulfill a service request of the data controller or

2) data controller for human resources, general marketing, client acquisition or to fulfill a service request by the data subject

Tracking information such as email, physical address, telephone numbers, IP addresses, and geographic information

Either as:

1) data processor on behalf of a data controller to fulfill a service request of the data controller or

2) data controller for human resources, general marketing, client acquisition or to fulfill a service request by the data subject

Financial Information such as credit card numbers and bank accounts

Either as:

1) data processor on behalf of a data controller to fulfill a service request of the data controller or

2) data controller for human resources, general marketing, client acquisition or to fulfill a service request by the data subject

Communication Information such as telephone recordings, voice mail, and email

Either as:

1) data processor on behalf of a data controller to fulfill a service request of the data controller or

2) data controller for human resources, general marketing, client acquisition or to fulfill a service request by the data subject

 

Schedule 2:  Our Specific Data Protection Measures

These are the measures we take when working with personal data:

a) Where any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of.  Hardcopies should be shredded;

b)Where Personal data is to be transferred in hard copy form, we do not transfer by hard copy to the recipient;

c) No personal data may be shared informally and if an employee, agent, subcontractor, or other party working on behalf of the Company requires access to any personal data that they do not already have access to, such access should be formally requested from Executive Management, Project Management, Operations;

d) All hard copies of personal data along with any electronic copies stored on physical, removable media should be shredded and/or destroyed;

e) No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without the authorization of Executive Management, Project Management, Operations;

f) Personal data must be handled with care at all times and should not be left unattended or on view to unauthorized employees, agents, subcontractors or other parties at any time;

g) If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it;

h) No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the Regulation (which may include demonstrating to the Company that all suitable technical and organizational measures have been taken);

i) All personal data stored electronically should be backed up in accordance with the data retention policies of our 3rd party providers.

j) Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of the Company, irrespective of seniority or department.  If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords.