Effective Date: 08 Aug 2024
This Data Processing Agreement ("DPA") is an integral part of the Terms of Service between Locanium ("Data Processor") and you ("Data Controller"). This agreement outlines the terms and conditions for the processing of personal data by Locanium on behalf of the Data Controller in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR).
Data Controller: The entity that determines the purposes and means of the processing of personal data.
Data Processor: The entity that processes personal data on behalf of the Data Controller.
Personal Data: Any information relating to an identified or identifiable natural person.
Locanium will process personal data on behalf of the Data Controller as necessary to provide the services as outlined in the Terms of Service. The specific types of personal data and the nature of the processing activities are detailed in Annex 1 of this agreement.
The Data Controller agrees to provide all necessary instructions and ensure that its use of Locanium’s services complies with all applicable data protection laws. The Data Controller remains responsible for the legality of the data processing and for obtaining any necessary consents from data subjects.
Locanium agrees to process personal data only on documented instructions from the Data Controller and to implement appropriate technical and organizational measures to protect the personal data. Locanium will not disclose personal data to third parties unless required by law or as authorized by the Data Controller.
Locanium shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.
The Data Controller authorizes Locanium to engage sub-processors to process personal data on its behalf. Locanium will ensure that any sub-processors are subject to the same data protection obligations as set out in this DPA.
Locanium shall assist the Data Controller in responding to requests from data subjects to exercise their rights under applicable data protection laws, including access, rectification, erasure, restriction, and data portability.
In the event of a data breach, Locanium will notify the Data Controller without undue delay and provide reasonable assistance in investigating and mitigating the breach.
Locanium shall not transfer personal data to a third country or international organization without the Data Controller’s prior written consent, except where required by law.
This DPA shall remain in effect for the duration of the processing activities carried out by Locanium on behalf of the Data Controller. Upon termination of the services, Locanium will, at the Data Controller’s choice, delete or return all personal data processed on behalf of the Data Controller, unless otherwise required by law.
This DPA shall be governed by and construed in accordance with the laws of Wyoming, United States. Any disputes arising from this DPA shall be resolved in the courts of Wyoming.
For any inquiries regarding this DPA, please contact Locanium at [email protected].