Data Processing Agreement
This Data Processing Agreement ("DPA") is entered into between:
NIXZ RPA Solutions B.V. (“NIXZ”)
Stationsplein 45
3013 AK Rotterdam
legal@nixz.io
Chamber of Commerce Number: 81627661
And
The customer utilizing the services of NIXZ ("Customer").
Collectively referred to as the "Parties".
Background
NIXZ provides certain services to its customers (referred to as the "Service"). In the course of providing the Service, NIXZ may process personal data on behalf of its customers.
Agreement
By agreeing to the Terms & Conditions of NIXZ, the Customer acknowledges and agrees to the terms set forth in this Data Processing Agreement.
1. Data Processing
1.1. NIXZ shall process personal data on behalf of the Customer solely for the purpose of providing the Service, in accordance with the terms of the Agreement between the Parties.
1.2. NIXZ shall process personal data only on documented instructions from the Customer, unless required to do so by applicable law.
1.3. NIXZ shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk involved in processing personal data.
1.4. The subject matter, duration, nature, and purpose of the data processing, as well as the types of personal data and categories of data subjects, are as described in the Agreement between the Parties.
2. Data Subject Rights
2.1. NIXZ shall assist the Customer in responding to requests from data subjects exercising their rights under applicable data protection laws.
3. Data Security
3.1. NIXZ shall take appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.
4. Subprocessing
4.1. NIXZ makes use of Itonia B.V. as a subprocessor by utilizing the PreContactTool in its services. Customer agrees with this by concluding the Agreement as set forth in the Terms and Conditions. Customer also hereby consents to subprocessing of data it collects in the NIXZ tools by Customer’s data system providers that Customer has connected to the NIXZ tool.4.2. NIXZ shall not engage any (other) subprocessors for the processing of personal data without the prior written consent of the Customer. 4.3. NIXZ shall not be liable for damages caused by a data breach on the side of any of its subprocessors.
5. Confidentiality
5.1. NIXZ shall ensure that any person it authorizes to process personal data on behalf of the Customer is subject to a duty of confidentiality.
6. Data Breach Notification
6.1. In the event of a data breach involving personal data processed by NIXZ on behalf of the Customer, NIXZ shall notify the Customer without undue delay after becoming aware of the breach.
6.2. NIXZ shall promptly notify the relevant data protection authority of the data breach in accordance with the requirements of applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR).6.3. NIXZ shall not be liable for damages caused by a data breach unless the data breach results from negligence or intentional misconduct by NIXZ. The limitations of clause 5 of the Terms and Conditions apply in the situation that liability on the part of NIXZ should arise.
7. Data Deletion
7.1. Upon termination or expiry of the Agreement, NIXZ shall, at the Customer's direction, either delete or return all personal data processed on behalf of the Customer, unless otherwise required by applicable law or regulations.
8. Governing Law and Jurisdiction
8.1. This DPA shall be governed by and construed in accordance with the laws of The Netherlands. Any disputes arising out of or in connection with this DPA shall be subject to the exclusive jurisdiction of the courts of The Netherlands.
9. Miscellaneous
9.1. This DPA constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. This Data Processing Agreement is executed by the Parties as of the date of mutual agreement between NIXZ and the Customer.
For any inquiries or concerns regarding the Data Processing Agreement, please reach out to our Legal Officer at legal@nixz.io.
