The European Union’s General Data Protection Regulation (GDPR) protects European Union data subjects’ fundamental right to privacy and the protection of personal data. It introduces robust requirements that will raise and harmonize standards for data protection, security, and compliance.
What is GDPR?
The General Data Protection Regulation (GDPR) is a new European privacy law due to become enforceable on May 25, 2018. The GDPR will replace the EU Data Protection Directive, also known as Directive 95/46/EC, and is intended to harmonize data protection laws throughout the European Union (EU) by applying a single data protection law that is binding throughout each member state.
All eClincher services are GDPR ready
eClincher uses advanced encryption methods to encrypt data, including the use of HTTPS. eClincher also uses advanced encryption to encrypt data at rest, where appropriate, that leverage Amazon AWS’s Key Management Service (KMS) and are designed to ensure that data cannot be decrypted by third parties.
eClincher uses the OAuth 2.0 secure authentication protocol for authorization of Supported Platforms and Third-Party Apps.
Access to the eClincher information systems, sandbox environment, and the production environment are limited to properly authorized users with security controls that include multi-factor authentication, single sign-on and OAuth 2.0.
eClincher maintains change management control mechanisms to ensure changes are performed in accordance with eClincher’s Change Management Policy and corresponding change management procedures, which include approval of all changes into production.
eClincher ensures development, testing, and production environments exist and are segregated.
eClincher regularly tests the key controls, systems and procedures of its Information Security Program with a view to ensuring that they are properly implemented and effective, including ongoing penetration testing conducted by Amazon AWS Trusted Advisor, Amazon AWS Cloud Trail, and Amazon AWS Inspector.
eClincher maintains a disaster recovery, backups, and business continuity plan designed to ensure continuous delivery of its services.
eClincher uses industry-leading third-party vendors and hosting partners such as Amazon AWS to provide the necessary hardware, software, networking, storage, and related technology required to run the services. Read more about Amazon AWS GDPR compliance, and GDPR Compliance on AWS pdf.
User can delete personal data associated with his or her connected third party accounts (such as social media accounts). Open the Add & Manage Accounts popup and delete your accounts. User can also request all of his or her data to be deleted by requesting our Customer Support to delete his or her account (via live chat at our website).
At any time, User can request his or her data by contacting our Customer Support via live chat on our website. After verifying the User identity, we will then export and email the data to the User. Available data for export: Inbox items and Auto Post Queues and posts.
If User decide to leave our Services, or simply not using our Services, after 6 months of inactivity without log in to our app or platform, his or her data will be permanently deleted.
Data Processing Agreement
This Data Processing Agreement (“Agreement“) is required for all of eclincher’s subscribers in Europe. We know that this sounds legalistic — it is; it is written by the lawyers in Brussels who wrote and enforce the General Directive on Privacy Regulations. This agreement forms part of the Terms of Service (“TOS“) between you, as a subscriber to eclincher’s services (“Subscriber”), and eclincher, Inc. (the “Data Processor”) (together as the “Parties”).
(A) Subscriber acts as a Data Controller.
(B) Subscriber 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:
- 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 “Subscriber Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of Subscriber pursuant to or in connection with the TOS;
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:
184.108.40.206 a transfer of Subscriber Personal Data from Subscriber to a Contracted Processor; or
220.127.116.11 an onward transfer of Subscriber 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 social media managem services Subscriber provides.
1.1.10 “Subprocessor” means any person appointed by or on behalf of Processor to process Personal Data on behalf of Subscriber 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.
- Processing of Subscriber Personal Data
2.1 Processor shall:
2.1.1 comply with all applicable Data Protection Laws in the Processing of Subscriber Personal Data; and
2.1.2 not Process Subscriber Personal Data other than on the relevant Subscriber’s documented instructions.
2.2 Subscriber instructs Processor to process Subscriber Personal Data.
- 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 Subscriber Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Subscriber Personal Data, as strictly necessary for the purposes of the TOS, 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.
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 Subscriber 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.
5.1 Processor shall not appoint (or disclose any Subscriber Personal Data to) any Subprocessor unless required or authorized by Subscriber.
- Data Subject Rights
6.1 Taking into account the nature of the Processing, Processor shall assist Subscriber by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of Subscriber obligations, as reasonably understood by Subscriber, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
6.2 Processor shall:
6.2.1 promptly notify Subscriber if it receives a request from a Data Subject under any Data Protection Law in respect of Subscriber Personal Data; and
6.2.2 ensure that it does not respond to that request except on the documented instructions of Subscriber 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 Subscriber of that legal requirement before the Contracted Processor responds to the request.
- Personal Data Breach
7.1 Processor shall notify Subscriber without undue delay upon Processor becoming aware of a Personal Data Breach affecting Subscriber Personal Data, providing Subscriber with sufficient information to allow Subscriber 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 Subscriber and take reasonable commercial steps as are directed by Subscriber to assist in the investigation, mitigation and remediation of each such Personal Data Breach.
- Data Protection Impact Assessment and Prior Consultation Processor shall provide reasonable assistance to Subscriber with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Subscriber 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 Subscriber Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.
- Deletion or return of Subscriber 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 Subscriber Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Subscriber Personal Data.
- Audit rights
10.1 Subject to this section 10, Processor shall make available to Subscriber on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by Subscriber or an auditor mandated by Subscriber in relation to the Processing of Subscriber Personal Data by the Contracted Processors.
10.2 Information and audit rights of Subscriber 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.
- 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 Subscriber. 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.
- 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.
- Governing Law and Jurisdiction
13.1 This Agreement is governed by the laws of the State of California.
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 state or federal courts located in Santa Clara County, California, USA.