Last updated: June 25, 2024

1. Purpose and Scope

This Data Processing Agreement (“DPA”) forms part of the Terms of Service between Positive Live Chat and you (“Customer”) and sets out the terms that apply when we process personal data on your behalf.

2. Definitions

For the purposes of this DPA:

• Personal Data: Any information relating to an identified or identifiable natural person
• Processing: Any operation performed on personal data
• Controller: The entity that determines the purposes and means of processing
• Processor: The entity that processes personal data on behalf of the controller

3. Roles and Responsibilities

You act as the Controller and Positive Live Chat acts as the Processor. As Controller, you are responsible for ensuring lawfulness of processing instructions and compliance with applicable data protection laws.

4. Processing Instructions

We will process personal data only on documented instructions from you, including with regard to transfers of personal data to a third country or international organization, unless required by law.

5. Security Measures

We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including:

• Encryption of personal data
• Ongoing confidentiality, integrity, availability and resilience
• Regular testing and evaluation of effectiveness
• Procedures for regular reviewing, assessing and evaluating

6. Sub-processing

We may engage sub-processors to carry out specific processing activities. We maintain an up-to-date list of sub-processors and will inform you of any intended changes concerning the addition or replacement of sub-processors.

7. Data Subject Rights

We will assist you in fulfilling obligations to respond to requests for exercising data subject rights, including access, rectification, erasure, and portability, taking into account the nature of processing.

8. Personal Data Breaches

We will notify you without undue delay after becoming aware of a personal data breach and provide all necessary information to enable you to meet any obligations to report or inform data subjects of the breach.

9. International Transfers

Any transfer of personal data to third countries will be subject to appropriate safeguards as required by applicable data protection law, including Standard Contractual Clauses where necessary.

10. Contact Information

For any questions regarding this DPA, contact our Data Protection Officer: