THIS DOO PEOPLE DATA PROCESSING AGREEMENT (the "DPA") is entered into by and between the DOO PEOPLE customer agreeing to these terms (“Client”) and DOOGITAL TECH (PTY) LTD, REG 2014/274203/07 ("DOO PEOPLE"). DOO PEOPLE and Client are collectively referred to as the “Parties” and each a “Party”.
If you are accepting this DPA on behalf of the Client, you represent and warrant that: (a) you are duly authorized to represent Client; and (b) you accept the terms of this DPA on behalf of Client. If Client has previously executed a Data Processing Agreement with DOO PEOPLE to comply with EU Data Protection Law and Protection of Personal Information Act, that Data Processing Agreement will apply to the Parties relationship instead of this DPA unless this DPA is accepted by the client.
A. Client is subject to EU Data Protection Law and Protection of Personal Information Act and has subscribed to DOO PEOPLE’s Terms of Service found at https://people.doogitaltech.com/termsofservice (the "Contract”) for the receipt of certain services from DOO PEOPLE as described in the Contract (the “Services”). In delivering the Services under the Contract, DOO PEOPLE may process Personal Data controlled by Client.
B. To comply with EU Data Protection Law and Protection of Personal Information Act, Client must ensure the appropriate protection of all data, including Personal Data when Client engages third party vendors. Accordingly, Client's engagement of DOO PEOPLE is conditioned upon DOO PEOPLE’s agreement to the terms and conditions of this DPA.
1.1 "Applicable Privacy Law(s)" means the relevant data protection and privacy laws and regulations to which Client is subject, including, where applicable, EU Data Protection Law and Protection of Personal Information.
1.2 "Authorized Persons" means any person who processes Personal Data on DOO PEOPLE's behalf, including DOO PEOPLE's employees, officers, partners, principals, contractors, and Subcontractors.
1.3 "EU Data Protection Law" means Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (“General Data Protection Regulation” or "GDPR").
1.3 "Protection of Personal Information Act" means Regulation Protection of Personal Information Act 4 of 2013 of the South African Parliament and The Information Regulator on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data.
1.4 "Model Clauses" means the standard contractual clauses for Processors as approved by the European Commission and available at https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en (as amended or updated from time to time).
1.5 "Personal Data" means any information provided or made available to DOO PEOPLE, by or on behalf of Client, in connection with the Services and which relates to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity. For the avoidance of doubt, Personal Data includes personally identifiable information.
1.6 "Security Incident" means an accidental, unauthorized or unlawful destruction, loss, alteration, disclosure of, or access to, Personal Data.
1.7 "Subcontractor" means any third party engaged by DOO PEOPLE to process any Personal Data relating to this DPA and/or the Contract.
1.8 The terms "Controller", "Processor", and "processing", have the meanings given to them in Applicable Privacy Laws. If and to the extent that Applicable Privacy Laws do not define such terms, then the definitions given in EU Data Protection Law and Protection of Personal Information Act will apply.
2.1 DOO PEOPLE shall process Personal Data under the Contract only as a Processor acting on behalf of Client. DOO PEOPLE agrees that it will process Personal Data as described at Annex A.
2.2 DOO PEOPLE will at all times process Personal Data only for the purpose of providing the Services to Client under the Contract and in accordance with Client's documented instructions, unless DOO PEOPLE is required to process the Personal Data for other purposes by EU Data Protection Law. Where such a requirement is placed on DOO PEOPLE, it shall provide prior notice to Client unless the relevant law prohibits giving such notice.
2.3 Each Party shall comply with its obligations under Applicable Privacy Law(s) in respect of any Personal Data it processes under this DPA.
2.4 DOO PEOPLE shall promptly notify Client if it makes a determination that it cannot comply with its obligations under this DPA, and in such event, DOO PEOPLE shall work with Client and take all reasonable and appropriate steps to stop and remediate (if remediable) any processing until such time as the processing complies with the requirements of this DPA. DOO PEOPLE shall immediately cease (and request all Subcontractors to immediately cease) processing Personal Data if Client determines that DOO PEOPLE has not or cannot correct any non-compliance in accordance with this Section 2.4 within a reasonable time frame.
3.1 DOO PEOPLE shall ensure that any Authorized Person is subject to a strict duty of confidentiality (whether a contractual or statutory duty) and that they process the Personal Data only for the purpose of delivering the Services under the Contract(s) to Client.
3.2 DOO PEOPLE will implement and maintain all reasonable and appropriate technical and organizational security measures to meet the requirements of EU Data Protection Law and Protection of Personal Information Act, and in particular, to protect against the occurrence of Security Incidents and to preserve the security, integrity and confidentiality of Personal Data ("Security Measures"). Such Security Measures shall take into account industry standards, the costs of implementation, and the nature, scope, context and purposes of the processing, as well as the risk of a Security Incident and potential impact on the rights and freedoms of natural persons. At a minimum, DOO PEOPLE agrees to the Security Measures identified in Annex B.
4.1 In the event of a Security Incident, DOO PEOPLE shall promptly (and in no event later than 48 hours of DOO PEOPLE becoming aware of such Security Incident) inform Client and provide written notification of the Security Incident. Such notification shall include (a) a detailed description of the Security Incident, (b) the type of Personal Data that was the subject of the Security Incident and (c) the identity of each affected person (or, where not possible, the approximate number of data subjects and of Personal Data records concerned), (d) a description of the likely consequences of the Security Incident, and (e) a description of the measures taken or proposed to be taken by DOO PEOPLE to address the Security Incident, including, where appropriate, measures to mitigate its possible adverse effects. To the extent that any such information is not available at the time of initial notification, DOO PEOPLE shall provide prompt updates as such information becomes available.
4.2 Furthermore, in the event of a Security Incident, DOO PEOPLE shall:
4.3 The content and provision of any notification, public/regulatory communication or press release concerning the Security Incident (a “Communication”) shall be solely at Client’s discretion, except as otherwise required by applicable laws. If and to the extent DOO PEOPLE is referenced by name in any such Communication, DOO PEOPLE shall be provided with an opportunity to review and approve the Communication for accuracy, such approval not to be unreasonably withheld.
5.1 DOO PEOPLE shall reasonably cooperate with Client to enable Client to respond to any requests, complaints or other communications from data subjects and regulatory or judicial bodies relating to the processing of Personal Data under the Contract, including requests from data subjects seeking to exercise their rights under Applicable Privacy Laws. In the event that any such request, complaint or communication is made directly to DOO PEOPLE, DOO PEOPLE shall, unless prohibited by applicable law, promptly pass this onto Client and shall not respond to such communication without Client's express authorization.
5.2 If DOO PEOPLE receives a subpoena, court order, warrant or other legal demand from a third party (including law enforcement or other public or judicial authorities) seeking the disclosure of Personal Data, DOO PEOPLE shall not, unless otherwise required by applicable law or advised by counsel that it is so required by applicable law, disclose any information but shall immediately notify Client in writing of such request, and unless otherwise required by applicable law, reasonably cooperate with Client if it wishes to limit, challenge or protect against such disclosure, to the extent permitted by applicable laws.
5.3 DOO PEOPLE shall assist Client in carrying out any privacy impact assessment of the Services as is reasonable in light of the Personal Data that is being processed. DOO PEOPLE shall reasonably cooperate with Client to implement such mitigation actions as are reasonably required to address privacy risks identified in any such privacy impact assessment. If Client is not satisfied with DOO PEOPLE’s mitigation actions, Client may elect to suspend or terminate the Contract and this DPA pursuant to the terms of the Contract.
5.4 DOO PEOPLE shall, upon receipt of written request from Client, make available to Client such information as is reasonably necessary to demonstrate DOO PEOPLE’s compliance with the Applicable Privacy Law and permit Client and/or its authorized agents to audit its records to the extent reasonably required in order to confirm that DOO PEOPLE is complying with its obligations under this DPA or any Applicable Privacy Law, provided always that any such audit does not involve the review of any third party data and that the records and information accessed in connection with such audit are treated as confidential information by Client. Client shall bear its own costs to conduct such audit. Unless Client’s request for such audit follows a Security Incident, or is otherwise required by Applicable Privacy Law, Client shall not make any such request more than once in any 12 month period.
6.1 DOO PEOPLE will at all times provide an adequate level of protection for the Personal Data, wherever processed, in accordance with the requirements of Applicable Privacy Laws.
7.1 Upon Client's request, or upon termination or expiration of this DPA, DOO PEOPLE shall destroy or return to Client all Personal Data (including copies) in its possession or control (including any Personal Data processed by its Subcontractors). This requirement shall not apply to the extent that DOO PEOPLE is required by any applicable law to retain some or all of the Personal Data, in which event DOO PEOPLE shall isolate and protect the Personal Data from any further processing except to the extent required by such law.
8.1 This DPA shall be governed by and construed in accordance with the laws the country where Client has its main establishment required by Applicable Privacy Laws.
8.2 All terms of this DPA are hereby incorporated into the Contract. In the event of a conflict between a term in the Contract and a term in this DPA, the term contained in this DPA shall prevail
8.3 The obligations placed upon the DOO PEOPLE under this DPA shall survive so long as DOO PEOPLE and/or its Subcontractors process Personal Data on behalf of Client.
8.4 This DPA may not be modified except by a subsequent written instrument signed by both parties.
8.5 If any part of this DPA is held unenforceable, the validity of all remaining parts will not be affected.
Description of Client’s Activities Relevant to this Agreement:
Client shall be the Controller of the Personal Data it provides to DOO PEOPLE to provide the Services as outlined in the Contract.Nature of Services provided by DOO PEOPLE:
DOO PEOPLE's services provided to Client under the Contract are the provision and maintenance of human resource information systems software as a service, including the collecting, hosting and processing of data.Type(s) of Personal Data processed:
Employees and Candidates
Referees / References
Criminal Status, disability information.
Categories of Data Subjects:
The objective of Processing of Personal Data is the performance of the Services pursuant to the Contract, detailed above. The duration of processing will be the period during which DOO PEOPLE provides the Services to Client in accordance with the Contract.
DOO PEOPLE implements suitable measures in order to prevent unauthorized persons from gaining access to the data processing equipment (namely database and application servers and related hardware) where Personal Data are processed or used. This is accomplished by:
DOO PEOPLE implements suitable measures (including industry standard encryption) to prevent its data processing systems from being used by unauthorized persons. This is accomplished by:
DOO PEOPLE ensures that the persons entitled to use its data processing systems are only able to access the data within the scope and to the extent covered by their respective access permission (authorization) and that Personal Data cannot be read, copied or modified or removed without authorization. This is accomplished by:
DOO PEOPLE implements suitable measures to prevent Personal Data from being read, copied, altered or deleted by unauthorized parties during the transmission thereof or during the transport of the data media. This is accomplished by:
DOO PEOPLE implements suitable measures to ensure that data collected for different purposes can be processed separately. This is accomplished by: