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Data Processing Addendum
It is possible that by using the Products, the End User processes personal data and therefore, that Armanteam LLC processes that personal data on behalf of the End User. In that case, the following articles apply, complementary to the Agreement and the Privacy Policy. The applicability of any data processing agreement or addendum preceding this data processing addendum or issued by the End User is strictly rejected.
Introduction and definitions
“Armanteam LLC”, “we”, “us”, “our” means the applicable Armanteam Entity that provides the relevant Cloud Product(s).
The word “End User” as applied in this data processing addendum means your organization, represented by an authorized representative. The word “End Users” as applied in this data processing addendum means any individual in or represented by your organization that uses the Products, either as an administrator or a user.
Definitions that are used in this data processing addendum derive their meaning from their definitions as meant in the EU General Data Protection Regulation (GDPR).
This data processing addendum qualifies as a data processing agreement as meant in Article 28 GDPR.
If the End User processes personal data by using the Products, Armanteam LLC processes such as personal data on behalf of the End User. Consequently, the End User and Armanteam LLC agree that the End User is regarded as the data controller and Armanteam LLC as the data processor. Alternatively, if the End User is processing personal data on behalf of a third party, the End User is regarded as the data processor and Armanteam LLC as the data sub-processor.
Description of the data processing
Armanteam LLC commits to process personal data on behalf of the End User, under the conditions of the Agreement, which reflect the written instructions by the End User for the processing of personal data. Armanteam LLC will solely process the personal data in the context of the Agreement and the Privacy Policy, their duration and purpose, and other purposes that can reasonably be associated with their purpose or purposes that are to be defined under future consent.
Armanteam LLC will not process the personal data for purposes different from the purposes as set forward in the Agreement and the Privacy Policy. The End User will inform Armanteam LLC of purposes for the processing of personal data that are not yet mentioned in the Agreement.
Armanteam LLC has no saying in the purpose and means of the processing of the personal data. Additionally, Armanteam LLC has no saying in the nature of the personal data that is processed. All personal data processed in connection with the Products shall deemed to have been processed at the instructions of the End User.
Armanteam LLC will not make independent decisions about the receival and use of the personal data, the provision to third parties, the duration and the storage of the personal data.
The personal data are related to the following data subject categories:
People who use the Products (the End Users)
People whose personal data is captured in the Products by the End Users
People whose data is transmitted via the Products by the End Users
Other possible data subject categories whose personal data is processed using the Products
Non-disclosure and confidentiality
Armanteam LLC is bound to non-disclosure against third parties for all personal data that Armanteam LLC processes on behalf of the End User, following from this data processing addendum. Armanteam LLC will not use this data for any other purpose than for which Armanteam LLC received the data from the End User, except if the data is altered in such a way that it is no longer traceable to an individual data subject.
The non-disclosure as meant in article 3.1 is not applicable:
to the extent that the End User has provided Armanteam LLC the permission to provide the data to third parties; or
when the provision of the data to third parties is logically necessary for the use or proper functioning of the Products or the execution of this data processing addendum; or
if a legal requirement or court order exists to provide the data to third parties; or
regarding third parties to which personal data are provided in their role as sub-processor, taking into account the conditions defined in article 5.
Security and measures
With regard to the processing of personal data, Armanteam LLC will strive to take adequate technical and organizational measures, in particular to safeguard against the destruction, loss, mutation or unauthorized provision or unauthorized access to transferred, stored or otherwise processed personal data.
The technical and organizational measures that Armanteam LLC takes follow from the most recent version of their information security policy as published here.
If, in Armanteam LLC opinion, this is necessary to offer a continued adequate level of security, Armanteam LLC is allowed to make changes to the security measures.
Armanteam LLC does not guarantee that their security is effective under all conditions. Armanteam LLC will strive to maintain a reasonable level of security, taking into account the state of technology, implementation costs of the security measures, the nature, extent and context of the processing of personal data, the purposes and the intended use of the Products, the data processing risks and the risks for the rights and freedoms of data subject, which they may have expected considering the intended use of the Products and which are divergent for their probability and impact.
The End User asserts that the security measures as meant or referred to in this article, considering the factors as described in this article, provide an adequate level of security that is in tune with the risks of the processing of personal data processed by or provided by the End User.
The End User will only provide personal data for processing to Armanteam LLC if the End User has ensured themselves that the required security measures are taken. The responsibility for the compliance of the measures as agreed between the End User and Armanteam LLC resides with the End User.
Sub-processors
The End User provides Armanteam LLC the general permission to work with third parties (sub-processors) for the processing of personal data. Upon request by the End User and within a reasonable time frame, Armanteam LLC will inform the End User about the relevant third parties that Armanteam LLC works with regarding the processing of the personal data as meant in this data processing addendum.
Armanteam LLC has the right to add or replace third parties (changes). If Armanteam LLC intends to add or replace a third party, Armanteam LLC will inform the End User accordingly, allowing the End User to object. If the End User wishes to object, the End User must submit their objection in written form, within two weeks and supported by sound argumentation. If the End User does not object within these conditions, the End User is regarded to accept the intended change.
If the End User objects within the conditions as stated in article 5.2, Armanteam LLC and the End User will consult each other and strive to achieve a reasonable solution. If both parties cannot achieve a satisfactory agreement about the intended change as meant in article 5.2, Armanteam LLC is entitled to work with the respective added or replaced third party. Respectively, the End User is entitled to terminate their subscription to the Products per the date that the new sub-processor is activated.
At all times, Armanteam LLC ensures that the third parties as meant in this article will take on the same obligations as agreed between the End User and Armanteam LLC in writing and ensures the compliance by these third parties of these obligations.
Transfer of personal data
Armanteam LLC processes personal data in countries of the European Union. Additionally, the End User permits Armanteam LLC to process personal data in countries outside of the European Union, while taking into account relevant laws and regulations.
Upon request and within a reasonable time frame, Armanteam LLC will inform the End User in which countries Armanteam LLC processes the personal data.
Data subject rights and requests
If a data subject submits a request about their personal data to Armanteam LLC in order to exercise their data subject rights, Armanteam LLC will forward the request to the End User and inform the data subject accordingly. The responsibility for processing the request and performing data subject rights lies with the End User, who will process the request and perform the data subject rights independently from Armanteam LLC.
Armanteam LLC will provide assistance to the End User for processing a request by a data subject and performing their data subject rights, should this occur to be necessary. Armanteam LLC may charge the End User for reasonable expenses that are made or to be made while providing such assistance, which will be reimbursed by the End User.
Obligations and support
Armanteam LLC will commit to compliance with the conditions that, based on the GDPR, are bound to the processing of personal data by Armanteam LLC in their specific role, regarding the processing of personal data as meant in article 2 of this data processing addendum.
Armanteam LLC will process personal data and other forms of data that are made available to Armanteam LLC by the End User based on written instructions by the End User.
Upon request and within a reasonable time frame, Armanteam LLC will inform the End User about the (technical and organizational) measures taken by Armanteam LLC to comply with their obligations as meant under this data processing addendum.
The obligations as meant in this data processing addendum are also applicable to parties that process personal data under Armanteam LLC’s authority.
If in Armanteam LLC’s opinion, an instruction given by the End User is conflicting with relevant laws and regulations, Armanteam LLC will inform the End User.
At the request of the End User, Armanteam LLC will, within a reasonable time frame, provide the End User with the necessary cooperation to meet their compliance with the obligations that follow from the GDPR. This includes, among others, their obligations with regard to data security, reporting personal data breaches and performing data protection impact assessments. Armanteam LLC will charge the End User for reasonable expenses that are made or to be made while providing such cooperation, which will be reimbursed by the End User.
Personal data breaches
A personal data breach is defined as a violation of security that accidentally or unlawfully leads to the destruction, loss, mutation or the unauthorized provision or unauthorized access to transmitted, stored or otherwise processed personal data.
If a personal data breach occurs, Armanteam LLC will inform the End User to the best of their abilities, abiding by applicable laws and regulations. The End User will then judge if they need to inform the supervisory authorities and/or data subjects. Armanteam LLC strives to ensure that the information is complete, correct and accurate to the best of their abilities.
Armanteam LLC will cooperate with informing the relevant authorities and, if required, the data subjects, should this be required by any law or regulation. The responsibility for informing the relevant authorities and the data subjects reside with the End User.
If a personal data breach has occurred, Armanteam LLC will provide the following information to the End User:
The fact that a personal data breach has occurred
the (supposed) cause of the breach
the (then known or expected) effects
the (proposed) resolution
the taken measures
the contact details for the follow-up of the issue
an overview of the informed parties (e.g.: the data subjects)
Destruction or return of personal data
After termination of this data processing addendum, Armanteam LLC will destroy the personal data it has received from the End User without delay, except if Armanteam LLC and the End User agree that Armanteam LLC will return the personal data to the End User or retain the personal data for an agreed period, or if Armanteam LLC is required by law to retain the personal data.
Armanteam LLC may charge the End User for reasonable expenses that are made or to be made for the destruction or the return of the personal data to the End User, which will be reimbursed by the End User.
Audits
For the verification of compliance of all items from this data processing addendum, the End User has the right to issue audits by a competent and independent party.
This competent and independent party is bound to non-disclosure.
An audit will only be conducted after the End User has requested the available similar audit reports from Armanteam LLC, has judged the reports and provides sound argumentation why an audit, initiated by the End User, is still justifiable. Such an audit will only be justifiable when the similar audit reports that are available from Armanteam LLC provide no or insufficient proof about the compliance of this data processing addendum by Armanteam LLC. If an audit, initiated by the End User, is justified, it will only be conducted at least 30 days after the prior announcement by the End User, with a maximum of once per year.
Armanteam LLC will cooperate with the audit and will provide all information that is reasonably relevant for the audit, including supportive information such as system logs and access time to relevant employees, as timely as possible and within a reasonable time frame (within two weeks or sooner in case of an urgent interest).
In mutual consultation, the End User and Armanteam LLC will judge the findings that may result from the audit. As a result of this process, measures may be implemented by either Armanteam LLC, the End User or both parties.
Reasonable expenses made or to be made by Armanteam LLC in this process will be reimbursed by the End User. The expenses for the hired competent and independent party are always the responsibility of the End User and will be met by them.
Distribution of responsibilities
Both Armanteam LLC and the End User commit to compliance with applicable laws and regulations. Armanteam LLC performs the processing of personal data under the scope of the Agreement and the Privacy Policy in a (semi)automated environment.
Armanteam LLC is only responsible for the processing of personal data as meant in this data processing addendum, abiding by the instructions of the End User and under the explicit (final) responsibility of the End User.
Armanteam LLC is not responsible for all other processing of personal data, including but not limited to the collection of personal data by the End User, processing of personal data for purposes that the End User failed to report to Armanteam LLC, processing by third parties and processing for other purposes. For such processing of personal data, the End User has the exclusive responsibility. At all times, the End User guarantees the legality of their processing of personal data and the adequacy of the security of their systems and infrastructure.
The responsibility for judging whether Armanteam LLC offers adequate safeguards regarding the implementation of technical and organizational measures in order for the processing of personal data to be compliant with the demands from the GDPR and/or other applicable laws and regulations and whether the protection of the rights of the data subjects is adequately safeguarded lies with the End User.
At all times, the End User guarantees that the content, use, and instructions for the processing of personal data as meant in this data processing addendum is not unlawful and does not infringe any rights of third parties.
Notwithstanding other rights of Armanteam LLC, the End User safeguards Armanteam LLC from all legal claims by third parties, from any source, if the legal claim relates to the processing of personal data. Additionally, the End User safeguards Armanteam LLC from potential damages and fines, imposed by competent supervisory authorities, for which the End User is accountable and/or if the End User violates this data processing addendum, the GDPR or any other applicable laws and regulations.
Duration and termination
The duration of this data processing addendum is identical to the duration as defined in the Agreement or contract that is agreed upon between Armanteam LLC and the End User. If there is no duration defined in any of these documents, the duration of this data processing addendum is identical to the duration of the collaboration between the End User and Armanteam LLC.
This data processing addendum cannot be terminated intermediately.
Article "Non-disclosure and confidentiality" will survive the termination of the data processing addendum.
Armanteam LLC and the End User may only change this data processing addendum with mutual consent.
Consent
By using our Apps, you hereby consent to our Privacy Policy and agree to its terms.
Owner and Data Controller
Armanteam LLC
Amangeldi Imanov st., 10/1, of. 18g
Nur-Sultan, Kazakhstan
010000