Data Processing Agreement
This DPA is structured as follows:
Section A – Key Terms: The key variables that apply to the DPA are defined in Section A.
Section B – Legal Terms: Sets out the general legal terms applicable to the processing.
Section C – TOMs: The applicable technical and organizational measures.
Controller(s) - LLC Insolutions, Malaysia. Contact: Mike (firstname.lastname@example.org)
Processor(s) - LLC Insolutions, Malaysia. Contact: Mike (email@example.com). LLC Insolutions, Malaysia. Contact: Mike (firstname.lastname@example.org)(together with the Controller(s) the "Parties")
Processing Purpose - Processing in the context of the DPA dated December 16, 2022 (the "Base Agreement")
Duration of processing - As long as required for the Base Agreement
Categories of data subjects - Employees, Job applicants, and Website visitors
Categories of personal data - Birthday/age, Contact data (e-mail, phone), and IP address
Place of storage & processing - At the business address of the data processor and its approved sub-processors as indicated in this Data Processing Agreement
On-premise audits - No
Sub-processors - Sub-processors are listed here: https://analytics.google.com/
Transfer outside of EU/EEA Switzerland - Only allowed to countries where the data processor or an approved sub-processor is registered
Specific instructions or other special provisions
All terms defined in Section A shall serve as defined terms throughout this DPA.
(a) The purpose of this Data Processing Agreement (the "DPA") is to ensure compliance with Article 28(3) and (4) of the EU General Data Protection Regulation ("GDPR") and the Swiss Federal Act on Data Protection ("FADP"), with respect to each law only if and to the extent applicable to the respective processing activity.
(b) This DPA applies with respect to the processing of personal data as specified in Section A.
(a) Where this DPA uses the terms defined in the GDPR or the FADP, as applicable, those terms shall have the same meaning as in that law.
(b) This DPA shall be read and interpreted in the light of the provisions of the GDPR and the FADP, as applicable.
(c) These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in the GDPR or the FADP, as applicable, or prejudices the fundamental rights or freedoms of the data subjects.
In the event of a conflict between this DPA and the provisions of any other agreement between the Parties existing at the time when this DPA are agreed or entered into thereafter, this DPA shall prevail, except where explicitly agreed otherwise in text form.
The details of the processing operations, and in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the data controller, are specified in Section A.
(a) The data processor shall process personal data only on documented instructions from the data controller, unless required to do so by Union, Member State or Swiss law to which the processor is subject. Such instructions are specified in Section A. Subsequent instructions may also be given by the data controller throughout the duration of the processing of personal data. Such instructions shall always be documented.
(b) The data processor shall immediately inform the data controller if instructions given by the data controller, in the opinion of the data processor, infringe applicable Union, Member State or Swiss data protection provisions.
5.2 Purpose Limitation
The data processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Section A.
5.3 Erasure or Return of Data
(a) Processing by the data processor shall only take place for the duration specified in Section A.
(b) Upon termination of the provision of personal data processing services or termination pursuant to Clause 8, the data processor shall delete all personal data processed on behalf of the data controller and certify to the data controller that it has done so and delete existing copies unless Union, Member State or Swiss law requires storage of the personal data.
5.4 Security of Processing
(a) The data processor shall implement the technical and organizational measures specified in Section C to ensure the security of the personal data, including protection against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access to that data (personal data breach). In assessing the appropriate level of security, they shall in particular take due account of the risks involved in the processing, the nature of the personal data and the nature, scope, context and purposes of processing.
(b) In the event of a personal data breach concerning data processed by the data processor, it shall notify the data controller without undue delay and at the latest within 48 hours after having become aware of the breach. Such notification shall contain the details of a contact point where more information concerning the personal data breach can be obtained, a description of the nature of the breach (including, where possible, categories and approximate number of data subjects and data records concerned), its likely consequences and the measures taken or proposed to be taken to mitigate its possible adverse effects. Where, and insofar as, it is not possible to provide all information at the same time, the initial notification shall contain the information then available and further information shall be provided as it becomes available without undue delay.
(c) The data processor shall cooperate in good faith with and assist the data controller in any way necessary to enable the data controller to notify, where relevant, the competent data protection authority and the affected data subjects, taking into account the nature of processing and the information available to the data processor.
(d) The data processor shall grant access to the data to members of its personnel only to the extent strictly necessary for the implementation, management and monitoring of the contract. The data processor shall ensure that persons authorized to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
(e) If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (special categories of data), the data processor shall apply specific restrictions and/or additional safeguards as reasonably required by the data controller from time to time.
5.5 Documentation and Compliance
(a) The Parties shall be able to demonstrate compliance with this DPA.
(b) The data processor shall deal promptly and properly with all reasonable inquiries from the data controller that relate to the processing under this DPA.
(c) The data processor shall make available to the data controller all information necessary to demonstrate compliance with the obligations set out in this DPA and that are stemming directly from the GDPR or the FADP and at the data controller’s request, allow for and contribute to reviews of data files and documentation or of audits of the processing activities covered by these Clauses, in particular if there are indications of non-compliance.
(d) The data controller may choose to conduct the audit by itself, to mandate, at its own cost, an independent auditor or to rely on an independent audit mandated by the data processor. Where the data processor mandates an audit, it has to bear the costs of the independent auditor. The data controller's audit, access, and inspection rights under this Clause are limited to the data processor's records only (including inter-alia the registers of personal data processing activities, the registers of recipients of personal data) and does not apply to Processor’s physical premises. Any audit and request for information shall be limited to information necessary for the purposes of this DPA and shall give due regard to the data processor's confidentiality obligations and legitimate interest to protect business secrets.
(e) The data processor and data controller shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority on request if and to the extent required by the GDPR or the FADP, as applicable.
5.6 Use of Sub-processors
(a) The data processor has the data controller’s general authorization for the engagement of sub-processors. The list of sub-processors of the data processor can be found in Section A. The data processor shall inform in text form the data controller of any intended changes to that list through the addition or replacement of sub-processors at least 30 days in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). Such objection shall not be unreasonably raised. The Parties shall keep the list up to date.
(b) Where the data processor engages a sub-processor for carrying out specific processing activities (on behalf of the data controller), it shall do so by way of a contract which imposes on the sub-processor the same obligations as the ones imposed on the data processor under this DPA. The data processor shall ensure that the sub-processor complies with the obligations to which the data processor is subject pursuant to this DPA, the GDPR and the FADP.
(c) The data processor shall provide, at the data controller’s request, a copy of such a sub-processor agreement and subsequent amendments to the data controller.
(d) The data processor shall remain fully responsible to the data controller for the performance of the sub-processor’s obligations under its contract with the data processor. The data processor shall notify the data controller of any failure by the sub-processor to fulfil its obligations under that contract.
5.7 International Transfers
(a) Any transfer of data to a "Third Country" (any country outside of the EU/EEA and Switzerland) or an international organization by the data processor shall be undertaken only if authorized in accordance with Section A and shall take place in compliance with Chapter V of the GDPR and Section 2 of the FADP, as applicable.
(b) The data controller agrees that where the data processor engages a sub-processor in accordance with Clause 5.6 for carrying out specific processing activities (on behalf of the data controller) in a Third Country and those processing activities involve transfer of personal data within the meaning of the GDPR or the FADP, as applicable, the processor and the sub-processor may use standard contractual clauses adopted by the Commission on the basis of Article 46(2) of the GDPR in order to comply with the requirements of Chapter V of the GDPR, provided the conditions for the use of those clauses are met.
(a) The data processor shall promptly notify the data controller about any request received directly from the data subject. It shall not respond to that request itself, unless and until it has been authorized to do so by the data controller.
(b) The data processor shall assist the data controller in fulfilling its obligations to respond to data subjects’ requests for the exercise of their rights, namely:
(c) In addition to the data processor’s obligation to assist the data controller pursuant to Clause 6(b), the data processor shall furthermore assist the data controller in ensuring compliance with the following obligations, taking into account the nature of the processing and the information available to the data processor:
(d) The Parties shall set out in Section C the appropriate technical and organizational measures by which the data processor is required to assist the data controller in the application of this Clause as well as the scope and the extent of the assistance required.
(a) In the event of a personal data breach, the data processor shall cooperate in good faith with and assist the data controller in any way necessary for the data controller to comply with its obligations under Articles 33 and 34 of the GDPR and Article 22 of the FADP, as applicable, taking into account the nature of processing and the information available to the processor.
(b) The data processor shall assist the data controller in notifying the personal data breach to the competent supervisory authority, where relevant. The data processor shall be required to assist in obtaining in particular the following information which, pursuant to Article 33(3) of the GDPR or Article 22(2) of the FADP, as applicable, shall be stated in the data controller’s notification:
(a) Without prejudice to any provisions of the GDPR or the FADP, as applicable, in the event that the data processor is in breach of its obligations under this DPA, the data controller may instruct the data processor to temporarily suspend the processing of personal data until the latter complies with this DPA or the contract is terminated. The data processor shall promptly inform the data controller in case it is unable to comply with this DPA, for whatever reason.
(b) The data controller shall be entitled to terminate this DPA where:
(c) This Agreement shall remain in full force and effect so long as the Base Agreement remains in effect. Any provision of this DPA that expressly or by implication should come into or continue in force on or after termination of the Base Agreement in order to protect Personal Data shall remain in full force and effect.
Description of the technical and organizational security measures implemented by the data processor(s):
1.1 Security Management
(a) Security policy and procedures: The data processor has a documented security policy with regard to the processing of personal data.
(b) Roles and responsibilities：
(c) Access Control Policy: Specific access control rights are allocated to each role involved in the processing of personal data, following the need-to-know principle.
(d) Resource/asset management: The data processor has a register of the IT resources used for the processing of personal data (hardware, software, and network). A specific person is assigned the task of maintaining and updating the register (e.g. IT officer).
(e) Change management: The data processor makes sure that all changes to the IT system are registered and monitored by a specific person (e.g. IT or security officer). Regular monitoring of this process takes place.
1.2 Incident Response and Business Continuity
(a) Incidents handling / Personal data breaches:
(b) Business continuity: The data processor has established the main procedures and controls to be followed in order to ensure the required level of continuity and availability of the IT system processing personal data (in the event of an incident/personal data breach).
1.3 Human Resources
(a) Confidentiality of personnel: The data processor ensures that all employees understand their responsibilities and obligations related to the processing of personal data. Roles and responsibilities are clearly communicated during the pre-employment and/or induction process.
(b) Training: The data processor ensures that all employees are adequately informed about the security controls of the IT system that relate to their everyday work. Employees involved in the processing of personal data are also properly informed about relevant data protection requirements and legal obligations through regular awareness campaigns.
2.1 Access Control And Authentication
(a) An access control system applicable to all users accessing the IT system is implemented. The system allows creating, approving, reviewing, and deleting user accounts.
(b) The use of common user accounts is avoided. In cases where this is necessary, it is ensured that all users of the common account have the same roles and responsibilities.
(c) When granting access or assigning user roles, the “need-to-know principle” shall be observed in order to limit the number of users having access to personal data only to those who require it for achieving the Processor’s processing purposes.
(d) Where authentication mechanisms are based on passwords, the data processor requires the password to be at least eight characters long and conform to very strong password control parameters including length, character complexity, and non-repeatability.
(e) The authentication credentials (such as user ID and password) shall never be transmitted unprotected over the network.
2.2 Logging and Monitoring:
Log files are activated for each system/application used for the processing of personal data. They include all types of access to data (view, modification, deletion).
2.3 Security of Data at Rest
(a) Server/Database security
(b) Workstation security:
2.4 Network/communication Security:
(a) Whenever access is performed through the Internet, communication is encrypted through cryptographic protocols.
(b) Traffic to and from the IT system is monitored and controlled through firewalls and intrusion detection systems.
(a) Backup and data restore procedures are defined, documented, and clearly linked to roles and responsibilities.
(b) Backups are given an appropriate level of physical and environmental protection consistent with the standards applied on the originating data.
(c) Execution of backups is monitored to ensure completeness.
2.6 Mobile/Portable Devices:
(a) Mobile and portable device management procedures are defined and documented establishing clear rules for their proper use.
(b) Mobile devices that are allowed to access the information system are pre-registered and pre-authorized.
2.7 Application Lifecycle Security
During the development lifecycle, best practice, state of the art and well acknowledged secure development practices or standards are followed.
2.8 Data Deletion/Disposal:
(a) Software-based overwriting will be performed on media prior to their disposal. In cases where this is not possible (CD's, DVD's, etc.) physical destruction will be performed.
(b) Shredding of paper and portable media used to store personal data is carried out.
2.9 Physical Security:
The physical perimeter of the IT system infrastructure is not accessible by non-authorized personnel. Appropriate technical measures (e.g. intrusion detection system, chip-card operated turnstile, single-person security entry system, locking system) or organizational measures (e.g. security guard) shall be set in place to protect security areas and their access points against entry by unauthorized persons.
Data Processing Policy
This privacy notice for LLC Insolutions ("Company," "we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you:
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at email@example.com.
This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.
What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with LLC Insolutions and the Services, the choices you make, and the products and features you use.
Do we process any sensitive personal information? We do not process sensitive personal information.
Do we receive any information from third parties? We do not receive any information from third parties.
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.
In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties.
How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.
How do you exercise your rights? The easiest way to exercise your rights is by filling out our data subject request form available here , or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.
Want to learn more about what LLC Insolutions does with any information we collect?
1. What information do we collect?
2. How do we process your information?
3. When and with whom do we share your personal information?
4. How long do we keep your information?
5. How long do we keep your information?
6. How do we keep your information safe?
7. What are your privacy rights?
8. Controls for do-not-track features
9. Do California residents have specific privacy rights?
10. Do we make updates to this notice?
11. How can you contact us about this notice?
12. How can you review, update, or delete the data we collect from you?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
Sensitive Information. We do not process sensitive information.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
The information we collect includes:
In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
In Short: We may share information in specific situations described in this section and/or with the following third parties.
Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents ("third parties") who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct. The third parties we may share personal information with are as follows:
We also may need to share your personal information in the following situations:
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18
In Short: You may review, change, or terminate your account at any time.
If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: here.
If you are located in Switzerland, the contact details for the data protection authorities are available here: here.
Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "How can you contact us about this notice?" below.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
If you have questions or comments about your privacy rights, you may email us at firstname.lastname@example.org.
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
If you have questions or comments about this notice, you may email us at email@example.com or by post to:
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please submit a request form by clicking here.