This Personal Data Processing Agreement (the "Agreement") applies to all products and services provided by Leadscrush ("Leadscrush") to the customer accepting these terms (the "Customer") on an ongoing basis.
The purpose of this Agreement is to establish terms for the privacy and data protection of the Controller's Personal Data within Leadscrush' services. This Agreement serves as a written contract in accordance with the EU General Data Protection Regulation (679/2016) (the “Regulation”) concerning the processing of personal data. Obligations and rights arising directly from the Regulation shall take effect on May 25, 2018, when the Regulation becomes applicable.If the terms concerning the Processing of Personal Data of the Agreement and the Agreement are in conflict, the parties shall primarily apply the terms of this Agreement.
Under the EU General Data Protection Regulation, the following terms are defined as follows: “Controller” refers to the Customer or the Customer’s client, who determines the purposes and means of Personal Data Processing.
Processor” refers to Leadscrush, which processes Personal Data on behalf of the Controller in accordance with the Agreement.
“Processing” or “Processing Activities” refers to any operation or set of operations performed on Personal Data, whether automated or manual, including but not limited to collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
““Personal Data” refers to any information relating to an identified or identifiable natural person (the “Data Subject”). An identifiable natural person is one who can be identified, directly or indirectly, particularly through an identifier such as a name, identification number, location data, online identifier, or by one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that person.
Personal Data Breach” refers to a security breach resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data that has been transmitted, stored, or otherwise processed.
Leadscrush shall process the Controller's Personal Data on behalf of and as commissioned by the Customer, in accordance with the Agreement. The Personal Data processed by Leadscrush may pertain to, for example, customers or leads/prospects. The Customer or the Customer’s client will act as the Controller, while Leadscrush will serve as the Processor of the Personal Data processed within the service. Both parties agree to comply with all applicable laws, regulations, directives, and official guidelines pertaining to data protection and privacy.
The Processing of Personal Data shall be conducted in accordance with the applicable laws and regulations in force from time to time in both England and the EU.
The Controller is responsible for ensuring it has the necessary rights, legal justifications, and obtained the required consents for the Processing of Personal Data. The Controller is also responsible for drafting the privacy policy and informing the Data Subjects accordingly. The Customer is accountable for the accuracy and validity of the personal data provided to Leadscrush.
The Controller has the right and obligation to define the purposes and methods for Processing Personal Data. The subject, nature, and objectives of the Processing are detailed further in the agreement or product/service description, as well as in the annexes of this Agreement. The types of Personal Data and the categories of data subjects processed within the services are specified in Annex 1, which outlines the Processing operations.