Data Processor Agreement

Data Processor Agreement (DPA)

This document, known as the Data Processor Agreement and hereafter referred to as the "DPA," amends the Self Gen Connect Ltd Terms and Conditions, hereafter referred to as the "Agreement," between you and Self Gen Connect Ltd, a company registered in England and Wales with a registered office at Beaufort House, 113 Parson Street, Bristol, BS3 5QH, incorporated under company number 12664901.

1. Definitions

• i) The "Company"

  • Self Gen Connect Ltd (SGC), a company registered in England and Wales with Company Number 12664901, whose registered office is at Beaufort House, 113 Parson Street, Bristol, BS3 5QH.

• ii) "Data Protection Legislation"

  • Refers to European Directives 95/46/EC, 2002/58/EC, The General Data Protection Regulation (GDPR), Regulation (EU) 2016/679, and any regulation or directive implementing or made pursuant to the aforementioned directives and regulations, or any regulation or directive which amends or replaces them.

• iii) Terminology

  • "Data Processor," "Data Subject," "Processor," "Processing," "Sub-Processor," and "Supervisory Authority" shall be interpreted in accordance with the applicable Data Protection Legislation.

• iv) "Personal Data"

  • Refers to information relating to an identifiable or identified Data Subject who visits your website or platform, or places an order through it, hereafter referred to as a "Customer."

  • Personal Data does not include information that the Company processes in the context of any services it provides directly to a consumer.

2. Processing Personal Data

• Where a Data Subject is located within a member state of the European Economic Area (EEA) and/or the United Kingdom, their Personal Data will be processed by the Company.

3. Use of Sub-Processors

• In the course of providing the Service, you acknowledge that the Company will use several Sub-Processors to process the Personal Data of Data Subjects. SGC’s partner companies residing in the United Kingdom may act as Sub-Processors.

4. Changes to Sub-Processors

• The Company may use other Sub-Processors to process the Personal Data of Data Subjects, without prior notice or consent from you.

5. Company Obligations

• Where Personal Data of Data Subjects is processed, the Company will:

  • i) Process that Personal Data as a Data Processor, as defined by the Data Protection Legislation.

  • ii) Process that Personal Data in compliance with Data Protection Legislation.

  • iii) Notify you if the Company receives any enquiry or complaint from a Data Subject or Supervisory Authority related to the processing of Personal Data, to the extent permitted by law.

  • iv) Implement and maintain appropriate technical and organisational measures to protect Personal Data against unauthorised or unlawful access, theft, processing, loss, destruction, damage, alteration, or accidental disclosure. Such measures may be updated as necessary to provide the Service.

  • v) Promptly notify you, in accordance with the Data Protection Legislation, should the Company become aware of any accidental, unauthorised, or unlawful processing, disclosure, or access to Personal Data.

  • vi) Ensure that all personnel of the Company or its Sub-Processors are subject to suitable confidentiality obligations that restrict their lawful ability to disclose Personal Data to third parties.

  • vii) Upon termination of the Agreement, promptly initiate the purge process when instructed to permanently and irrecoverably delete or anonymise Personal Data related to the Service.

6. DPA Precedence

• If any conflict or inconsistency arises between the provisions of the DPA and the Agreement, the provisions of this DPA shall prevail.

7. Amendments to the DPA

• The Company reserves the right to amend this DPA from time to time by posting the amended DPA on the SGC website or by written notice to you, either via email or post.

8. Effective Date of Amendments

• Amendments made in accordance with term (7) will apply immediately, and you agree that continued use of the Service constitutes agreement to the amendments.

9. Severability

• If any term, warranty, condition, or part of any of these is found to be unenforceable or contrary to English Law, the Customer agrees that it will not affect the validity or enforceability of the rest of this DPA.

10. Entire Agreement

• This DPA constitutes the entire agreement between the parties in relation to Data Protection Legislation. It supersedes all prior written or oral representations or warranties made by the Company to the Customer in respect of any terms or provisions contained herein.

11. Governing Law and Jurisdiction

• This DPA is governed by English Law. All parties submit to the exclusive jurisdiction of the courts of England and Wales for any disputes arising under this DPA.