Data Protection Addendum
This data protection addendum amends the existing Aphix Terms of Service.
This Aphix Software Data Protection Addendum (“Addendum”) amends the Aphix Terms of Service (the “Agreement”) by and between you and Aphix Software Ltd., an Irish company with offices at Boyne Tower, Bull Ring, Drogheda, A92 F682, Ireland and elsewhere (“Aphix”).
1. Definitions
The following terms defining entities in the Addendum refer to:
“Merchant”, “You”, “Your” refers to you, a customer of Aphix Software with a valid contract to use the Aphix Software platform and/or related services
The Data Subject refers to the merchant’s customers be they trade account contacts and retail/cash sale customers, “Customer” or “Data Subject”
Company/Service Provider refers to “Aphix Software”, “Aphix”, “we”, “us, “our”
(a) “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC, and any legislation and/or regulation implementing or made pursuant to them, or which amends or replaces any of them (including the General Data Protection Regulation, Regulation (EU) 2016/679);
(b) “Data Processor”, “Data Subject”, “Processor”, “Processing”, “Sub-processor”, and “Supervisory Authority” shall be interpreted in accordance with applicable Data Protection Legislation;
(c) “Personal Data” as used in this Addendum means information relating to an identifiable or identified Data Subject (a “Customer”) who visits or engages in transactions through your store (you the “Merchant”), which Aphix Processes as a Data Processor in the course of providing you with the Services. Notwithstanding the foregoing sentence, Personal Data does not include information that Aphix processes in the context of services that it provides directly to a consumer, such as through its consumer-facing services such as its mailing list; and
(d) All other capitalized terms in this Addendum shall have the same definition as in the Agreement.
2. Data Protection
2.1. Where a Data Subject is located in the European Economic Area, that Data Subject’s Personal Data will be processed by Aphix Software. As part of providing the Services, this Personal Data may be transferred to other regions, including to the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation (Refer to Sub-Processors list here).
2.2. When Aphix Processes Personal Data in the course of providing the Services, Aphix will:
2.2.1. Process the Personal Data as a Data Processor, only for the purpose of providing the Services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Services), and as may subsequently be agreed to by you. If Aphix is required by law to Process the Personal Data for any other purpose, Aphix will provide you with prior notice of this requirement, unless Aphix is prohibited by law from providing such notice;
2.2.2. notify you if, in Aphix’s opinion, your instruction for the processing of Personal Data infringes applicable Data Protection Legislation;
2.2.3. notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to Aphix’s Processing of the Personal Data;
2.2.4. implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;
2.2.5. provide you, upon request, with up-to-date attestations, reports or extracts thereof where available from a source charged with auditing Aphix’s data protection practices (e.g. external auditors, internal audit, data protection auditors), or suitable certifications, to enable you to assess compliance with the terms of this Addendum;
2.2.6. notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;
2.2.7. ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Personal Data; and
2.2.8. upon termination of the Agreement, Aphix will promptly initiate its purge process to delete or anonymize the Personal Data. If you request a copy of such Personal Data within 60 days of termination, Aphix will provide you with a copy of such Personal Data.
2.3 In the course of providing the Services, you acknowledge and agree that Aphix may use Sub-processors to Process the Personal Data. Aphix’s use of any specific Sub-processor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between Aphix and Sub-processor. The current list of sub-processors may be viewed here.
3. GDPR Compliance
Aphix Software has implemented practices and procedures to ensure compliance with respect to specific articles within GPDR, as follows:
Article 152: Rights of access by the data subject
Data can be accessed through Aphix Management Interface to fulfil a data subject access request. This data can be exported and are digitally portable through spreadsheets or CSV files.
Our helpdesk are happy to help if any further assistance is required.
Article 273: Representatives of controllers or processors not established in the EU
This article does not apply since all data processing takes place within the EU.
Article 28.24: Processor - do use a sub-processor without the prior written authorisation of the controller
We obtain written authorisation from you for any new sub-processing activities that we need to carry out. A full list of service providers and sub-processors that we work with is listed here.
Article 295: Processing under the authority of the controller or processor
Any processing of your customer's personal data that we carry out will be done with your consent and on behalf of you only. Your customers' personal information is not shared with or combined with other personal information from other merchants using our platform.
Article 30.26: Records of processing activities
Normal day-to-day use of our software is included and defined in our full Privacy Policy.
Ad-hoc or exceptional processing using our software occurs only at your request. Our helpdesk will log all relevant details. Any future features of our platform that allow you do this in an automated way will be documented and recorded.
Article 317: Cooperation with the supervisory authority
Procedures are in place to respond to requests received from Supervisory Authorities in a transparent and timely manner.
Article 328: Security of processing
We take the security of our platform and the processing of your and your customers' data on it very seriously. We regularly apply the latest security updates for all the software used. Over the coming year, further internal steps and procedures will be put in place to go beyond the requirements of Article 32 in ensuring data security best practices are followed.
Article 339: Notification of a personal data breaches to the supervisory authority
We have internal procedures in place to notify the Data Protection Commissioner in Ireland should a personal data breach occur.
Article 3710: Designation of the data protection officer
A named DPO is not required for our business activities. However staff have received appropriate training in line with the latest legislation, including external GDPR training in July 2017.
Link to confidentiality/non-disclosure agreement
The final public version of our privacy policy, duties as a data processor and duties as a data controller is currently under review and will be published shortly.
Data storage
All data has be moved to an EU based Amazon data-centre. Previous US and UK infrastructure providers are no longer in use and all customers have been migrated away from these services.
4. Miscellaneous
3.1 In the event of any conflict or inconsistency between the provisions of the Agreement and this Addendum, the provisions of this Addendum shall prevail. For the avoidance of doubt and to the extent allowed by applicable law, any and all liability under this Addendum, including limitations thereof, will be governed by the relevant provisions of the Agreement. You acknowledge and agree that Aphix may amend this Addendum from time to time by posting the relevant amended and restated Addendum on Aphix’s support portal, available on Aphix Assist and such amendments to the Addendum are effective as of the date of posting. Your continued use of the Services after the amended Addendum is posted to Aphix’s support portal constitutes your agreement to, and acceptance of, the amended Addendum. If you do not agree to any changes to the Addendum, do not continue to use the Service.
3.2 Save as specifically modified and amended in this Addendum, all of the terms, provisions, and requirements contained in the Agreement shall remain in full force and effect and govern this Addendum. If any provision of the Addendum is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Addendum shall remain operative and binding on the parties.
3.3 The terms of this Addendum shall be governed by and interpreted in accordance with the laws of the Republic of Ireland. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Republic of Ireland with respect to any dispute or claim arising out of or in connection with this Addendum.