Data Processing Addendum
1. Introduction
This Data Processing Addendum ("DPA") is incorporated into the Terms of Service between Members.dev ("Company") and the Customer.
This DPA applies where and only to the extent that Company processes Personal Data on behalf of the Customer in the course of providing the Service and such Personal Data is subject to Data Protection Laws.
2. Definitions
- "Data Protection Laws" means all applicable laws and regulations relating to the processing of Personal Data, including the GDPR and the UK Data Protection Act.
- "Personal Data" means any information relating to an identified or identifiable natural person.
- "Processing" means any operation or set of operations performed on Personal Data.
3. Relationship of the Parties
- The Customer is the Controller of the Personal Data.
- Members.dev is the Processor of the Personal Data.
The Customer is responsible for ensuring that it has a legal basis for the processing of Personal Data and that its instructions to Members.dev comply with Data Protection Laws.
4. Processing of Personal Data
Members.dev shall process Personal Data only:
- To provide the Service in accordance with the Agreement and this DPA.
- Based on the documented instructions of the Customer.
- As required by law.
5. Confidentiality
Members.dev shall ensure that all personnel authorized to process Personal Data are subject to confidentiality obligations.
6. Security
Members.dev shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, protecting Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
7. Sub-processors
Customer agrees that Members.dev may engage sub-processors to process Personal Data on Customer's behalf. Members.dev shall ensure that any sub-processor is bound by data protection obligations at least as restrictive as those in this DPA.
8. Data Subject Rights
Members.dev shall assist the Customer, insofar as possible, in fulfilling its obligation to respond to requests from Data Subjects exercising their rights under Data Protection Laws.
9. Data Breach Notification
Members.dev shall notify the Customer without undue delay upon becoming aware of a Personal Data breach affecting Customer's Personal Data.
10. Termination and Deletion
Upon termination of the Agreement, Members.dev shall, at the choice of the Customer, delete or return all Personal Data, unless required by law to retain it.
11. Contact Us
For any questions regarding this DPA, please contact support@members.dev.