Data Processing Amendment (DPA) version 1.0
Introduction to this Data Processing Amendment
While BlockScore does not interact with customer’s end users directly, processing personal data in a secure and appropriate way on behalf of our customers is important to us. As part of this effort where applicable, we process personal data in accordance with the European Union’s General Data Protection Regulation (“GDPR”), the European Union/United States Privacy Shield principles (“Privacy Shield”), the laws of the United States governing the handling of various types of personal data, and industry standards.
Required Responses to this Amendment
We are providing this Data Processing Amendment (“DPA”) to govern BlockScore’s and your handling of personal data and to clarify how individuals’ personal data is handled. This DPA amends and supplements your BlockScore Terms of Service and requires no further action on your part unless you do not agree with this amendment. If you do not agree to this DPA, you may discontinue the use of the BlockScore service and cancel your account. To cancel your account, provide notice from the account owner’s email to email@example.com and we will respond with further action.
“BlockScore”, “we”, “us”, or “our” refers to the provider of the BlockScore services, collectively referred to as the “BlockScore Service”.
“You” or “Customer” refers to the company or organization that signs up to use the BlockScore Service to process identity data on behalf of your consumers or generally service your users.
“Personnel” refers to those individuals who are employed by or are under contract to perform a service on behalf of one of the parties. Personnel may have rights in their personal data including business contact information if they reside in the European Union.
“Data Subjects” and “consumers” refers to those individuals residing in the European Union who are consumers, users of a BlockScore Customer’s goods or services as well as any personnel who reside in the European Union.
“Personal Data” is any data relating directly or indirectly to an identifiable data subject. Personal data does not include any data that is anonymized, aggregated, de-identified or compiled on a generic basis and which does not name or identify a specific individual, directly or indirectly.
“Process” and “Processing” includes collecting, recording, using, storing, amending, adapting, disclosing, transferring or transmitting, structuring, using, combining, deleting and destroying, personal data.
“Controller” is the party that determines the purposes and means of the processing of personal data. The customer is the controller with respect to consumer’s personal data. Each party may be the controller of personal data it processes about the other’s personnel.
“Processor” is the party that processes personal data on behalf of the controller. BlockScore is the processor of the personal data we process about your consumers.
“Incident” is a the exercise of an individual’s rights under the GDPR; an investigation into or seizure of the personal data by government officials; or any breach of the security or confidentiality as set out in this DPA leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the personal data, or any indication of such breach having taken place or being about to take place.
Your and Our Mutual Obligations
You and BlockScore agree that personal data shall be treated as confidential information under this DPA. In addition, both parties shall comply with applicable laws relating to data protection in the relevant jurisdiction with respect to each other’s personal data.
Personal Data shall remain the property of the disclosing party. You and BlockScore acknowledge that customer is the controller and maintains control over data subject’s personal data.
Customer is responsible for ensuring that any data subject’s consent to this processing are obtained and recorded including any consent to use personal data that is obtained from third parties as required by law. Should such consent be revoked by a data subject, customer is responsible for communicating the fact of such revocation to BlockScore, and BlockScore remains responsible for implementing any customer instruction with respect to the further processing of that personal data, or, as may be in accordance with any of BlockScore’s legal obligations.
BlockScore shall assist the customer by implementing what BlockScore determines to be reasonably and commercially possible technical and organizational measures to fulfill customer’s obligations to respond to individuals’ requests to exercise rights under the GDPR.
BlockScore will implement and maintain a reasonable and appropriate security program including industry-standard security, and technical and organizational measures to protect against unauthorized, unlawful or accidental processing, use, or loss of customer personal data.
Upon termination of your account, BlockScore will delete, destroy, or anonymize the personal data in accordance with our standard backup and retention policy except where directed by subpoena or court order.
BlockScore will make available to the customer information reasonably necessary to demonstrate compliance with BlockScore’s obligations under this DPA including producing written processes and any third-party audit reports concerning the adequacy of BlockScore’s technical security measures. Company waives all rights to audit BlockScore’s compliance with DPA other than the measures explicitly provided in this section.
BlockScore will only process customer personal data to the extent necessary to perform its obligations under the Terms of Service, upon written, mutual agreement of the customer, and in accordance with applicable laws. In addition, BlockScore reserves the right to use customer data internally for system testing and improvement purposes such as regression testing of new algorithms and statistical analysis.
Some information contained in BlockScore services are obtained from third parties including government agencies for the purpose of crime mitigation and compliance. BlockScore may store this information but cannot control or alter the information in any way, nor take responsibility for the removal of this information.
Customer understands that as a controller, it must:
- be responsible for determining the lawfulness of any processing, performing any required data protection impact assessments, and accounting to regulators and individuals, as may be needed;
- provide relevant privacy notices to data subjects as may be required in your jurisdiction, including notice of their rights and provide the mechanisms for individuals to exercise those rights;
- make reasonable efforts to ensure that data subjects are of legal age to consent to the use of providing personal data or to verify parental consent when data is collected on a data subject under 16 years of age or any other age of consent as applicable by law;
- respond to requests from individuals about their data and the processing of the same, including requests to have personal data altered, corrected, or erased, and providing copies of the actual data processed;
- implement its own appropriate technical and organizational measures to ensure and demonstrate processing in accord with this DPA;
- notify individuals and any relevant regulators or authorities of any incident as may be required by law in your jurisdiction.
- warrants that it has all necessary rights to provide BlockScore the personal data for processing through BlockScore Services.
Who has access to personal data
Only personnel who has a need to know shall have access to customer personal data to the extent necessary to perform its obligations under the Terms of Service.
BlockScore shall provide adequate training to its staff who has access to personal data to ensure that they comply with the obligations in this DPA.
BlockScore will not modify, alter, delete, publish or disclose any customer personal data to any third party, nor allow any third party to process such personal data on BlockScore’s behalf unless the third party is bound to similar confidentiality and data handling provisions.
Right to Erasure
BlockScore allows customer to request removal of all required consumer personal data without undue delay that adheres to one of the GDPR Chapter 3, Section 3, Article 17(1) grounds. In order to exercise this right, send an email to firstname.lastname@example.org with:
- The resource ID of the customer
- The type of resource (Person, Candidate, etc)
Incident Notification and Management
When either party becomes aware of an incident that impacts the processing of personal data, it shall promptly notify the other party about the incident and shall reasonably cooperate in order to enable the other party to perform a thorough investigation into the incident, to formulate a correct response, and to take suitable further steps in respect of the incident.
Both parties shall have written procedures to enable them to promptly respond when an incident occurs. If the incident is reasonably likely to require a data breach notification under applicable laws, the party responsible for the incident shall notify the other no later than forty-eight (48) hours after becoming aware of the incident.
Incident notifications to BlockScore made under this section shall be made via email to email@example.com and shall contain:
- a description of the nature of the incident;
- the approximate number of individuals concerned;
- customer’s point of contact to manage the incident;
- a description of the likely consequences of the incident;
- and the measures taken to address and mitigate the incident.
Conflict of Law
BlockScore is corporation headquartered and incorporated in the United States. If there is a conflict of law, United States law shall take precedence over other jurisdictions.
Liability and Indemnity
Each party indemnifies the other party and holds them harmless against all claims, actions, third party claims, losses, damages and expenses incurred by the indemnified party and arising directly or indirectly out of or in connection with a breach of this DPA.
Duration and Termination
This DPA shall come into effect on May 25, 2018 and shall continue until it is changed or terminated in accordance with the Terms of Service. Termination or expiration of this DPA shall not discharge the parties from the confidentiality obligations herein.
If you would like to have an executable version of this document instead, you can find that here.
Any questions or privacy related complaints can be addressed by e-mail to firstname.lastname@example.org, or by mail to:
459 Hamilton Ave, Ste 304
Palo Alto, CA 94041