Data Processing Agreement
  1. Data Processing Agreement
    1. These terms set out the additional terms requirements and conditions on which we will process personal data when providing services to you. This Agreement contains the mandatory clauses required by article 28(3) of the General Data Protection Regulation ((EU) 2016/679) for Agreements between data controllers.
    2. We are Tiger Finch Creatives Ltd, a company incorporated and registered in England and Wales with company number 08886395, whose registered office is at 25 Barbara’s Meadow, Reading, RG31 6YF.
    3. By purchasing our services you confirm that you accept these terms of data processing and you agree to comply with them. If you do not agree with these terms, you must not purchase services from us.
  2. Agreed Terms
    1. Definitions and interpretation
      The following definitions and rules of interpretation apply in this Agreement.
    2. Definitions
      1. Data Subject
        An individual who is the subject of Personal Data.
      2. Personal Data
        Means any information relating to an identified or identifiable natural person that is processed by the Data Processor as a result of, or in connection with, the provision of the services; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
      3. Processing, processes and process
        Either any activity that involves the use of Personal Data or as the Data Protection Legislation may otherwise define processing, processes or process. It includes any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording. organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. Processing also includes transferring Personal Data to third parties.
      4. Data Protection Legislation
        All applicable privacy and data protection laws including the General Data Protection Regulation ((EU) 2016/679) and any applicable national implementing laws, regulations and secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) and also the Retained General Data Protection Regulation (EU) 2016/679 and applicable UK laws from the end of the Brexit implementation period.
      5. Personal Data Breach
        A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
      6. Standard Contractual Clauses (SCC)
        The European Commission’s Standard Contractual Clauses for the transfer of Personal Data from the European Union to processors established in third countries as set out in Commission Decision 2010/87/EU.
    3. This Agreement is subject to the terms of any separate agreement made between the parties for the supply of website hosting or other services (“Services Agreement”) and is incorporated into any such Agreement. Interpretations and defined terms set forth in the Services Agreement apply to the interpretation of this Agreement.
    4. The Annexes form part of this Agreement and will have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the Annexes.
    5. A reference to writing or written excludes faxes and e-mail.
    6. In the case of conflict or ambiguity between:
      1. Any provision contained in the body of this Agreement and any provision contained in the Annexes, the provision in the body of this Agreement will prevail;
      2. The terms of any accompanying invoice or other documents annexed to this Agreement and any provision contained in the Annexes, the provision contained in the Annexes will prevail; and
      3. Any of the provisions of this Agreement and the provisions of the Services Agreement, the provisions of the Services Agreement will prevail.
      4. This agreement is in addition to and does not remove or replace a party’s obligations under the Data Protection Legislation.
      5. In this agreement we are the Data Processor and you are the Data Controller.
  3. Personal data types and processing purposes
    1. The Data Controller retains control of the Personal Data and remains responsible for its compliance obligations under the applicable Data Protection Legislation, including providing any required notices and obtaining any required consents, and for the processing instructions it gives to the Data Processor.
    2. ANNEX A describes the subject matter, duration, nature and purpose of processing and the Personal Data categories and Data Subject types in respect of which the Data Processor may process to provide services to the Data Controller under the terms of the Services Agreement or otherwise.
  4. Data Processor’s obligations
    1. The Data Controller acknowledges that for the purposes of fulfilling its obligations under the Agreement the Data Processor may have access to and may be required to process Personal Data (as defined in the Data Protection Legislation) on behalf of the Data Controller and in accepting the Agreement the Data Controller authorises the Data Processor to process its Personal Data in accordance with the terms of this Clause 4.
    2. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 4 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
    3. The parties acknowledge that for the purposes of the Data Protection Legislation, the Data Controller is the data controller and the Data Processor is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
    4. Without prejudice to the generality of clause 4.2, the Data Controller will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Data Processor for the duration and purposes of this agreement.
    5. Data Processor shall, in relation to any Personal Data processed in connection with the performance by the Data Processor of its obligations under this agreement:
      1. Process that Personal Data only on the written instructions of the Data Controller unless the Data Processor is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Data Processor to process Personal Data (Applicable Laws). Where the Data Processor is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Data Processor shall promptly notify the Data Controller of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Data Processor from so notifying the Data Controller;
      2. Ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
      3. Ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
      4. Subject to clause 3.10 to not transfer any Personal Data outside of the UK / European Economic Area (“EEA”) unless the prior written consent of the Data Controller has been obtained and the following conditions are fulfilled:
        1. The Data Controller or the Data Processor has provided appropriate safeguards in relation to the transfer;
        2. The data subject has enforceable rights and effective legal remedies;
        3. The Data Processor complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
        4. The Data Processor complies with reasonable instructions notified to it in advance by the Data Controller with respect to the processing of the Personal Data;
      5. If so reasonably required, assist the Data Controller, at the Data Controller’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
      6. Notify the Data Controller without undue delay on becoming aware of a Personal Data breach;
      7. If so reasonably required, at the written direction of the Data Controller, delete or return Personal Data and copies thereof to the Data Controller on termination of the agreement unless required by Applicable Law to store the Personal Data; and
      8. If so reasonably required, maintain complete and accurate records and information to demonstrate its compliance with this clause 4.
    6. In accepting these Terms and Conditions the Data Controller consents to the Data Processor appointing third-party processors of Personal Data (“the Sub Processors”) under this agreement.
    7. The Data Processor shall enter with the Sub Processors into a written agreement incorporating terms which are substantially similar to those set out in this clause 4 prior to any Sub Processor being appointed.
    8. The Data Controller accepts that for the purposes of this Agreement part or all of its Personal Data may need to be processed outside of the UK or EEA and the Data Controller further consents to the Data Processor processing its Personal Data in appointing these third party processors referred to in our Privacy Notice section “Who we can share your information with”
    9. The Data Controller shall have the ability to withdraw its consent to the Data Processor’s use of Sub Processor for the purposes of fulfilling this Agreement by notifying the Data Processor in writing at its registered office. However the Data Controller acknowledges that the Data Processor may not be able to perform the Services or any part of the Services unless it is able to appoint an alternative Sub Processor and where an alternative Sub Processor cannot be appointed, the Data Processor shall not be obliged to provide any part of the Services which are so affected.
    10. The Data Processor may, at any time on not less than 30 days’ notice, revise this clause 4 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).
  5. Term and termination
    1. This Agreement will remain in full force and effect so long as: (a) the Services Agreement remains in effect or the Data Processor provides the relevant services to the Data Controller, or (b) the Data Processor retains any Personal Data related to the Services Agreement and/or the services in its possession or control.
    2. Any provision of this Agreement that expressly or by implication should come into or continue in force on or after termination of the Services Agreement or the provision of services by the Data Processor to the Data Controller (as may be applicable) in order to protect Personal Data will remain in full force and effect.
    3. If a change in any Data Protection Legislation prevents either party from fulfilling all or part of its obligations to the other party, the parties will suspend the processing of Personal Data until that processing complies with the new requirements. If the parties are unable to bring the Personal Data processing into compliance with the Data Protection Legislation within 28 days, they may terminate the Services Agreement and/or the provision of services on written notice to the other party without prejudice to any right or remedy the parties may have under the Services Agreement or otherwise.
  6. Notice
    1. Any notice or other communication given to a party under or in connection with this Agreement must be in writing and delivered to:
      For the Data Controller: The address provided under the Services Agreement.
    2. For the Data Processor: Dan Williams, Tiger Finch Creatives Limited, 25 Barbara’s Meadow, Reading, RG31 6YF, dan@tigerfinch.com
    3. Clause 6.1 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
    4. A notice given under this agreement is valid if sent by post or by e-mail.

ANNEX A: Personal Data Processing Purposes and Details

Subject matter of processing: [Website Hosting Services]

Duration of Processing: The Term as set out in the services agreement

Nature of Processing: [Storage]

Business Purposes: Performance of our Services Agreement

Personal Data Categories: [Identity, Data, Financial Data, Transaction Data, Technical Data, Profile Data, Usage Data, Marketing & Communications Data and any other such date as collected by the Data Controller on its website]

Data Subject Types: [any user of the Data Controller’s website]