DATA PROCESSING AGREEMENT
[Last Updated December 24, 2023]
This Data Processing Agreement ("DPA") is hereby entered by and
between Pic-Time Ltd. (collectively "Company" or "Pic-Time")
and the Photographer. Each a "party" and collectively, the "parties", and is
an integral part of the Terms of Service executed between the parties ("Terms").
Capitalized terms used herein and not defined herein shall have the
respective meanings given to them in the Terms. This DPA sets forth the
parties' responsibilities and obligations regarding the Processing of
Personal Data during the course of the engagement between the parties and
under the Terms.
-
DEFINITIONS
-
"Adequate Country" is a country that received an adequacy
decision from the European Commission.
-
The terms "Controller", "Personal Data", "Processor",
"Data Subject", "Processing" (and "Process"),
"Personal Data Breach", "Special Categories of Personal
Data" and "Supervisory Authority", shall all have the
same meanings as ascribed to them in the EU Data Protection Law,
CPA, VCDPA, CTDPA. The terms "Business", "Business Purpose",
"Consumer", "Service Provider", "Sale", "Sell"and"Share",
shall have the same meaning as ascribed to them in the US Data
Protection Laws. "Data Subject" shall also mean and refer to
(under this DPA) a "Consumer", as such term defined in the US
Data Protection Laws "Personal Data" shall include "Personal
Information" under this DPA.
-
"Data Protection Law" means any and all applicable privacy
and data protection laws and regulations (including, where
applicable, EU Data Protection Law, UK Data Protection Laws, Swiss
Data Protection Laws, Israeli Law and the US Data Protection Laws)
as may be amended or superseded from time to time.
-
"EEA" means the European Economic Area.
-
"EU Data Protection Law" means the (i) EU General Data
Protection Regulation (Regulation 2016/679) ("GDPR"); (ii)
Regulation 2018/1725; (iii) the EU e-Privacy Directive (Directive
2002/58/EC), as amended (e-Privacy Law); (iv) any national
data protection laws made under, pursuant to, replacing or
succeeding (i) and (ii); (v) any legislation replacing or updating
any of the foregoing; and (vi) any judicial or administrative
interpretation of any of the above, including any binding guidance,
guidelines, codes of practice, approved codes of conduct or approved
certification mechanisms issued by any relevant Supervisory
Authority.
-
"Israeli Law" means Israeli Privacy Protection Law,
5741-1981, the regulations promulgated pursuant thereto, including
the Israeli Privacy Protection Regulations (Data Security),
5777-2017 and other related privacy regulations.
-
"Photographer Data" means any and all Personal Data uploaded
by the Photographer to the Services, including any photographs,
content, albums of the Photographers, and the facial recognition
information of the people who appear in the photographs, all as
detailed in ANNEX I.
-
"Security Incident" means any accidental or unlawful
destruction, loss, alteration, unauthorized disclosure of, or access
to Photographer Data. Any Personal Data Breach will comprise a
Security Incident.
-
"Standard Contractual Clauses" or "SCC" mean the
standard contractual clauses for the transfer of Personal Data to
third countries pursuant to Regulation (EU) 2016/679 of the European
Parliament and of the Council adopted by the European Commission
Decision 2021/914 of 4 June 2021, which may be found
HERE
:
Standard Contractual Clauses
.
-
"Swiss Data Protection Laws" or "FADP"shall mean (i)
Swiss Federal Data Protection Act (dated June 19, 1992, as of March
1, 2019) ("FDPA"); (ii) The Ordinance on the Federal Act on
Data Protection ("FODP"); (iii) any national data protection
laws made under, pursuant to, replacing or succeeding and any
legislation replacing or updating any of the foregoing.
-
"Swiss SCC" shall mean the applicable standard data
protection clauses issued, approved or recognized by the Swiss
Federal Data Protection and Information Commissioner.
-
"US Data Protection Laws" means any U.S. federal and state
privacy laws effective as of the Effective Date of this DPA and
applies to Pic-Time Processing of Photographer Data, and any
implementing regulations and amendment thereto, including without
limitation to: (1) the California Consumer Privacy Act (Cal. Civ.
Code §§ 1798.100 – 1798.199) of 2018, including as modified by the
California Privacy Rights Act ("CPRA") (and collectively "CCPA");
(2) the Colorado Privacy Act C.R.S.A. § 6-1-1301 et seq. (SB 21-190)
("CPA"); (3) the Connecticut Data Privacy Act, S.B. 6
(Connecticut 2022) ("CTDPA"); (4) the Virginia Consumer Data
Protection Act, Va. Code Ann. § 59.1-575 et seq. (SB 1392) ("VCDPA");
(5) the Utah Code Ann. § 13-61-101 et seq (effective as of January
2024) ("UCPA"); and as well as all regulations promulgated or
amended thereunder from time to time.
-
"UK Data Protection Laws" shall mean the Data Protection Act
2018 (DPA 2018), as amended, and EU General Data Protection
Regulation (EU) 2016/679 on the protection of natural persons with
regard to the processing of personal data and on the free movement
of such data, as incorporated into UK law as the UK GDPR, as
amended, and any other applicable UK data protection laws, or
regulatory Codes of Conduct or other guidance that may be issued
from time to time.
-
"UK GDPR" shall mean the GDPR as it forms part of domestic
law in the United Kingdom by virtue of section 3 of the European
Union (Withdrawal) Act 2018 (including as further amended or
modified by the laws of the United Kingdom or a part of the United
Kingdom from time to time).
-
"UK Standard Contractual Clauses"or "UK SCC"
means the UK "International Data Transfer Addendum to The European
Commission Standard Contractual Clauses" available
HERE
, as adopted, amended or updated by the UK Information Commissioner
Office ("ICO"), Parliament or Secretary of State.
Any other terms that are not defined herein shall have the meaning
provided under the Agreement or applicable Data Protection Laws. A
reference to any term or section of the Data Protection Laws means the
version as amended. Any references to the GDPR in this DPA shall mean
the GDPR or UK GDPR depending on the applicable Law.
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ROLES AND DETAILS OF PROCESSING
-
The parties agree and acknowledge that under the performance of
their obligations set forth in the Agreement, and with respect to
the Processing of Photographer Data, and according to the applicable
Data Protection Laws, Pic-Time is acting as a Data Processor, or
Service Provider and Photographer is acting as a Data Controller or
Business.
-
Each party shall be individually and separately responsible for
complying with the obligations that apply to such party under
applicable Data Protection Laws.
-
The subject matter and duration of the Processing carried out by the
Processor on behalf of the Controller, the nature and purpose of the
Processing, the type of Personal Data and categories of Data
Subjects are described in ANNEX I attached hereto.
-
Additional US Data Protection Laws specifications are further
detailed in ANNEX VII.
-
REPRESENTATIONS AND WARRANTIES
-
Pic-Time represents and warrants that it shall Process Photographer
Data, on behalf of the Photographer, solely for the purpose of
providing the Services, all in accordance with Photographer's
written instructions under the Agreement and this DPA, all to the
extent permitted by law. Notwithstanding the above, in the event
Pic-Time is required under applicable laws, including Data
Protection Laws or any union or member state regulation, to Process
Photographer Data other than as instructed by Photographer, Pic-Time
shall make its best efforts to inform the Photographer of such
requirement prior to Processing such Photographer Data, unless
prohibited under applicable law.
-
Pic-Time shall provide reasonable cooperation and assistance to the
Photographer in ensuring compliance with its obligation to carry out
data protection impact assessments.
-
Where applicable, Pic-Time shall assist the Photographer in ensuring
that Photographer Data Processed is accurate and up to date, by
informing the Photographer without delay if it becomes aware of the
fact that the Photographer Data it is processing is inaccurate or
has become outdated.
-
Further, Pic-Time shall ensure: (i) the reliability of its staff and
any other person acting under its supervision who may come into
contact with, or otherwise have access to and Process Photographer
Data; (ii) that persons authorized to process the Photographer Data
have committed themselves to confidentiality or are under an
appropriate statutory obligation of confidentiality.
-
Notwithstanding the above, in any event that the Israeli Law
applies, the parties hereby undertake that they comply with the
aforesaid regulations as well as comply with the DPA.
-
DATA SUBJECTS RIGHTS AND REQUEST
-
It is agreed that where Pic-Time receives a request from a Data
Subject or an applicable authority in respect of Photographer Data,
where applicable, Pic-Time will notify the Photographer of such
request promptly and direct the Data Subject or the applicable
authority to the Photographer in order to enable the Photographer to
respond directly to the Data Subject's or the applicable authority's
request, unless otherwise required under applicable laws.
-
Parties shall provide each other with commercially reasonable
cooperation and assistance in relation to the handling of a Data
Subject's or applicable authority's request, to the extent permitted
under Data Protection Laws.
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SUB-PROCESSING
-
The Photographer acknowledges that Pic-Time may transfer
Photographer Data to and otherwise interact with third party data
Processors ("Sub-Processor"). The Photographer hereby
authorizes Pic-Time to engage and appoint such Sub-Processors as
listed in ANNEX III, to Process Photographer Data, as well as
permits each Sub-Processor to appoint a Sub-Processor on its behalf.
Pic-Time may continue to use those Sub-Processors already engaged by
Pic-Time, as listed in ANNEX III, or to engage an additional
or replace an existing Sub-Processors to process Photographer Data,
subject to the provision of a thirty (30) day prior notice of its
intention to do so to the Photographer. In case the Photographer has
not objected to the adding or replacing of a Sub-Processor within
such notice time, such Sub-Processor shall be deemed approved by the
Photographer. In the event the Photographer objects to the adding or
replacing of a Sub-Processor, Pic-Time may, under Pic-Time' sole
discretion, suggest the engagement of a different Sub-Processor for
the same course of services, or otherwise terminate the Agreement.
-
Pic-Time shall: (1) where it engages any Sub-Processor,
impose, through a legally binding contract, and data protection
obligations similar to those set out in this DPA; (2) remain
responsible to the Photographer for the performance of the
Sub-Processor's obligations in accordance with this DPA; and (3)
shall notify the Photographer of any failure by the Sub-Processor to
fulfill its contractual obligations.
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TECHNICAL AND ORGANIZATIONAL MEASURES
-
Taking into account the state of the art, the costs of
implementation and the nature, scope, context, and purposes of
Processing as well as the risk of varying likelihood and severity
for the rights and freedoms of natural persons, and without
prejudice to any other security standards agreed upon by the
parties, Pic-Time hereby confirms that it has implemented and will
maintain appropriate physical, technical and organizational measures
to protect the Photographer Data as required under Data Protection
Laws.
-
The parties acknowledge that security requirements are
constantly changing, and that effective security requires the
frequent evaluation and regular improvement of outdated security
measures.
-
The security measures implemented and maintained by Pic-Time
are further detailed in ANNEX II.
-
SECURITY INCIDENT
-
Pic-Time will notify the Photographer upon becoming aware of
any Security Incident involving the Photographer Data that is under
Pic-Time's control or possession. Pic-Time's notification regarding
or response to a Security Incident under this Section 7 shall not be
construed as an acknowledgment by Pic-Time of any fault or liability
with respect to the Security Incident.
-
Pic-Time will: (1) take necessary steps to remediate, minimize any
effects of and investigate any Security Incident and to identify its
cause; (2) co-operate with the Photographer and provide the
Photographer with such assistance and information as it may
reasonably require in connection with the containment,
investigation, remediation or mitigation of the Security Incident;
(3) notify the Photographer in writing of any request, inspection,
audit or investigation by a supervisory authority or other
authority; (4) keep the Photographer informed of all material
developments in connection with the Security Incident and execute a
response plan to address the Security Incident; and (5) reasonably
assist and co-operate with the Photographer with its obligation to
notify the affected individuals in the case of a Security Incident.
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AUDIT RIGHTS
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Pic-Time shall maintain accurate written records of any and
all the Processing activities of any Personal Data carried out under
this DPA and shall make such records available to the Photographer
and applicable Supervisory Authority upon written request. Such
records provided shall be considered Pic-Time' Confidential
Information and shall be subject to confidentiality obligations.
-
In the event the records and documentation provided subject
to Section 7.1 and 7.2 above are not sufficient for the purpose of
demonstrating compliance, Pic-Time shall make available, solely upon
prior reasonable written notice and no more than once per calendar
year, to a reputable auditor nominated by the Photographer,
information necessary to reasonably demonstrate compliance with this
DPA, and shall allow for audits, including inspections, by such
reputable auditor solely in relation to the Processing of the
Photographer Data ("Audit") in accordance with the terms and
conditions hereunder. The auditor shall be subject to standard
confidentiality obligations (including towards third parties),
Pic-Time may object to an auditor appointed by the Photographer in
the event Pic-Time reasonably believes the auditor is not suitably
qualified or is a competitor of Pic-Time. The Photographer shall
bear all expenses related to the Audit and shall (and ensure that
each of its auditors shall) over the course of such Audit, avoid
causing any damage, injury or disruption to Pic-Time's premises,
equipment, personnel and business while its personnel are on those
premises in the course of such Audit.
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Nothing in this DPA will require Pic-Time either to disclose to
Photographer or its third-party auditor, or to allow Photographer or
its third-party auditor to access: (1) any data of any other
Photographer; (2) Pic-Time's internal accounting or financial
information; (3) any trade secret of a Pic-Time or its Affiliates;
(4) any information that, in Pic-Time's reasonable opinion, could
compromise the security of any Pic-Time' systems or cause any breach
of its obligations under applicable law or its security or privacy
obligations to any third party; or (5) any information that
Photographer or its third-party auditor seeks to access for any
reason other than the good faith fulfillment of Photographer's
obligations under the Data Protection Laws.
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CROSS BORDER PERSONAL DATA TRANSFERS
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Where the GDPR, UK GDPR or the Swiss FADP is applicable, and
the Processing of Photographer Data by Pic-Time (or by a
Sub-Processor) includes transfer of Photographer Data (either
directly or through an onward transfer) to a third country outside
the EEA, the UK and Switzerland, that is not an Adequate Country,
such transfer shall only occur if an appropriate safeguard approved
by the applicable Data Protection Laws (the GDPR (Article 46), UK
GDPR (Article 46) or Swiss FADP (as applicable)) for the lawful
transfer of Photographer Data under is in place.
-
When Photographer and Pic-Time, or Pic-Time and or its
Sub-Processor relies on the Standard Contractual Clauses to
facilitate a transfer to a third country that is not an Adequate
Country, then:
-
transfer of Photographer Data from the EEA the terms set
forth in ANNEX IV shall apply.
-
transfer of Photographer Data from the UK, the terms set
forth in ANNEX V shall apply; and
-
transfer of Photographer Data from Switzerland, the terms
set forth in ANNEX VI shall apply.
-
TERM, TERMINATION AND CONFLICT
-
This DPA shall be effective as of the Effective Date (as
defined in the Agreement) and shall remain in force until the
Agreement terminates or as long as Pic-Time Processes Photographer
Data.
-
Pic-Time shall be entitled to terminate this DPA or cease the
Processing of Photographer Data in the event that Processing of
Photographer Data under the instructions or this DPA infringe
applicable legal requirements and Pic-Time notified the Photographer
of such infringement and the Photographer did not cure such
infringement within ten (10) days from receiving the applicable
notice from Pic-Time. Alternately, Pic-Time may, in its sole
discretion, suspend the Processing of the Photographer Data until
such infringement is cured without terminating the DPA.
-
Following the termination of this DPA, Pic-Time shall, at the
choice of the Photographer, delete all Photographer Data Processed
on behalf of the Photographer and certify to the Photographer that
it has done so, or return all Photographer Data to the Photographer
and delete existing copies, unless applicable law or regulatory
requirements requires that Pic-Time continue to store Photographer
Data. Until the Photographer Data is deleted or returned, the
parties shall continue to ensure compliance with this DPA.
Photographer's choice shall be provided in writing to Pic-Time,
following effect of termination.
-
In the event of a conflict between the terms and conditions
of this DPA and the Agreement, this DPA shall prevail. For the
avoidance of doubt, in the event Standard Contractual Clauses have
been executed between the parties, the terms of the Standard
Contractual Clauses shall prevail over those of this DPA. Except as
set forth herein, all of the terms and conditions of the Agreement
shall remain in full force and effect.
ANNEX I
DETAILS OF PROCESSING
This Annex includes certain details of the Processing of Personal Data as
required under the Data Protection Laws.
Categories of Data Subjects :
-
Photographers;
-
Customers;
-
Non-Users appearing in photographs.
Categories of Personal Data:
-
Customer data, (1) contact information; (2) photographs or videos; and
(3) the facial recognition information (facial data, facial features)
extracted for the 'face grouping' feature.
-
Photographer data, (1) contact information (when applicable).
-
Non users data, (1) photograph or videos (when applicable, if they
appear); and (2) the facial recognition information (facial data, facial
features) extracted for the 'face grouping' feature (when applicable).
Special Categories of Personal Data:
-
Nude Customer photographs, if any.
-
Child Customer photographs, if any.
Nature of the processing:
Collection, storage, organization, communication, transfer, host and other
uses in performance of the Services as set out in the Agreement.
Purpose(s) of Processing:
To provide the Services.
Retention Period:
For as long as is necessary to provide the Services by Pic-Time; provided
there is no legal obligation to retain the Photographer Data post
termination or unless otherwise requested by the Photographer.
Process Frequency:
Continuous basis.
ANNEX II
TECHNICAL AND ORGANIZATIONAL MEASURES
The following description reviews the technical and organizational measures
implemented by Pic-Time as a Processor of Photographer Data, to ensure an
appropriate level of security, considering the nature, scope, context and
purpose of the Processing, and the risks for the rights and freedoms of
natural persons.
As part of our data protection compliance process, Pic-Time has implemented
technical, physical and administrative security measures to protect its
Photographer Data as explained below.
The security objectives of Pic-Time are identified and managed to maintain a
high level of security and consists of the following (concerning all data
assets and systems):
-
Availability – information and associated assets should be
accessible to authorized users when required. The computer network must
be resilient. Pic-Time will detect and respond rapidly to incidents
(such as viruses and other malware) that threaten the continued
availability of assets, systems, and information.
-
Confidentiality – ensuring that information is only accessible to
those authorized to access it, on a need-to-know-basis.
-
Integrity – safeguarding the accuracy and completeness of
information and processing methods and therefore requires preventing
deliberate or accidental, partial or complete, destruction, or
unauthorized modification, of electronic data.
System Access Control
Access to the Pic-Time's database is highly restricted in order to ensure
that only the relevant personnel who have received prior approval can access
the database. Pic-Time has also implemented appropriate safeguards related
to remote access and wireless computing capabilities. Employees are assigned
private passwords that allow strict access or use to Photographer Data, all
in accordance with such employee's position, and solely to the extent such
access or use is required. There is constant monitoring of access to the
Photographer Data and the passwords used to gain access. Pic-Time uses
automated tools to identify non-human login attempts and rate-limiting login
attempts to minimize the risk of a brute force attack.
Physical Access Control
Pic-Time ensures the protection of the data servers which store the
Photographer Data from unwanted physical access.
The Photographer Data is stored on Microsoft Azure's servers, AWS servers,
and MongoDB's servers which are located in the EU, the US and Australia.
Please see Azure's security measures
HERE
, AWS security measures
HERE
, and MongoDB's security measures
HERE
. When the Photographer Data is transferred to the applicable servers it is
always done in a secure and encrypted manner, encryption by default, at rest
and in transit. Pic-Time also secures physical access to its offices by
ensuring that only authorized individuals such as employees and authorized
external parties (maintenance staff, visitors, etc.) can access Pic-Time's
offices by using security locks and an alarm system, amongst other measures
as well.
Data Access Control
User authentication measures have been put in place in order to ensure that
access to Photographer Data is restricted solely to those employees who have
been given permission to access it and to ensure that the Photographer Data
is not accessed, modified, copied, used, transferred or deleted without
specific authorization for such actions to be done. Any access to
Photographer Data, as well as any action performed involving the use of
Photographer Data requires a password and user name, which is routinely
changed, as well as blocked when applicable.
Each employee is able to perform actions solely in accordance with the
permissions granted to him by Pic-Time. Each access is logged and monitored,
and any unauthorized access is automatically reported. Furthermore, Pic-Time
conducts ongoing reviews of the employees who have been given authorization
to access Photographer Data, in order to assess whether such access is still
required. Pic-Time revokes access to Photographer Data immediately upon
termination of employment. Authorized individuals can only access
Photographer Data that are located in their individual profiles.
Organizational and Operational Security
Pic-Time puts a lot of effort and invests a lot of its resources into
ensuring that Pic-Time's security policies and practices are being complied
with, including by continuously providing employees with training with
respect to such security policies and practices. Pic-Time strives to raise
awareness regarding the risks involved in the Processing of Photographer
Data. In addition, Pic-Time has implemented applicable safeguards for its
hardware and software, including by installing firewalls and anti-virus
software on applicable Pic-Tim's hardware and software, in order to protect
against malicious software.
Transfer Control
All transfers of Photographer Data from Pic-Time to its Sub-Processors are
protected by the use of encryption safeguards, including the encryption of
the Photographer Data prior to the transfer of any Photographer Data.
Availability Control
Pic-Time maintains backup policies and associated measures. Such backup
policies include permanent monitoring of operational parameters as relevant
to the backup operations. Furthermore, Pic-Time's servers include an
automated backup procedure. Pic-Time also conducts regular controls of the
condition and labelling of data storage devices for data security. Pic-Time
ensures that regular checks are carried out to determine whether it is
possible to undo the backup, as required and applicable. Notwithstanding the
above, Pic-Time does not provide any back up services and it is
Photographer's sole responsibility to back up Photographer Data.
Data Retention
Photographer Data is retained for as long as needed for us to provide our
Services or as required under applicable laws.
Job Control, Third-Party Contractors and Service Provider
All of Pic-Time's employees are required to execute an employment agreement
which includes confidentiality provisions as well as applicable provisions
binding them to comply with applicable data security practices. In the event
of a breach of an employee's obligation or non-compliance with Pic-Time's
policies, Pic-Time implements certain repercussions in order to ensure
compliance with Pic-Time's policies. In addition, prior to Pic-Time's
engagement with Sub-Processor, Pic-Time undertakes diligence reviews of such
Sub-Processor. Pic-Time ensures that it enters into data protection
agreements with all its Photographers and Sub-Processors.
Data Subject Request
Pic-Time has an online mechanism to enable individuals to submit a data
subject request ("DSR"), furthermore, Pic-Time has implemented
internal policies to handle DSRs, subject to applicable data protection laws
and contractual obligations.
Contractual Obligations
Pic-Time has ensured all documents, including without limitations,
agreements (including online agreements) and privacy policies are compliant
with applicable Data Protection Laws, including, by implementing Data
Processing Agreements and where needed Standard Contractual Clauses.
Additional Safeguards for US Transfers
Measures and assurances regarding U.S. government surveillance have been
implemented by Pic-Time, and Pic-Time agrees and hereby represents it
maintains the following additional safeguards:
-
Pic-Time maintains industry standard measures to protect the
Photographer Data from interception (including in transit from
Photographer to Pic-Time and between different systems and services).
This includes maintaining encryption in transit and at rest.
-
As of the "Last Updated" date stated above, Pic-Time has not received
any national security orders.
-
No court has found Pic-Time to be: (i) the type of entity eligible to
receive process issued under section 702 of the United States Foreign
Intelligence Surveillance Court ("FISA"); (ii) an "electronic
communication service provider" within the meaning of 50 U.S.C
§ 1881(b)(4) or a member of any of the categories of entities described
within that definition.
-
In the event that FISA applies to Pic-Time, Pic-Time will make
reasonable efforts to resist, subject to applicable laws, any request
for bulk surveillance relating to the Photographer Data, including (if
applicable) under Section 702 of the FISA.
-
If Pic-Time becomes aware of any law enforcement agency or other
governmental authority ("Authority") attempt or demand to gain
access to or receive a copy of the Photographer Data (or part thereof),
whether on a voluntary or a mandatory basis, then, unless legally
prohibited or under a mandatory legal compulsion that requires
otherwise, Pic-Time shall: (i) inform the relevant Authority that
Pic-Time is a Processor of the Photographer Data and that the
Photographer, as the Controller, has not authorized Pic-Time to disclose
the Photographer Data to the Authority; (ii) inform the relevant
Authority that any and all requests or demands for access to
Photographer Data should be directed to or served upon Photographer in
writing; and (iii) use reasonable legal mechanisms to challenge any such
demand for access to Photographer Data.
-
Notwithstanding the above, if, taking into account the nature, scope,
context and purposes of the related Authority's intended access to
Photographer Data, Pic-Time has a reasonable and good-faith belief that
urgent access is necessary to prevent an imminent risk of serious harm
to any individual or entity, these subsections shall not apply. In such
event, Pic-Time shall notify Photographer, as soon as possible,
following the access by the Authority, and provide Photographer with
relevant details, unless and to the extent legally prohibited to do so.
-
Pic-Time will inform the Photographer, upon written request (and not
more than once a year), of the types of binding legal demands for
Photographer Data Pic-Time has received and complied with, including
demands under national security orders and directives, specifically
including any process under Section 702 of FISA.
ANNEX III
LIST OF SUB-PROCESSORS
Name
|
Address
|
Territory
|
Description of the processing
|
Atkins Photo Lab
|
89 Fullarton Road
Kent Town, Australia
|
Australia
|
Photograph and Product Development
|
Amazon Web Services (AWS), Inc.
|
410 Terry Avenue North Seattle, WA 98109 United States
|
EU/US
|
Cloud infrastructure services and storage
|
Microsoft Azure
|
1 Microsoft Way, WA, US
|
EU, US, Australia
|
Cloud infrastructure services and storage
|
MongoDB, Inc.
|
Main U.S.A HQ:
1633 Broadway
38th Floor
New York, NY 10019, US
|
US
|
Cloud infrastructure services and storage
|
Bay Photo Lab
|
920 Disc Drive, Scotts Valley, CA 95066 USA
|
USA
|
Photograph and Product Development
|
Dekora Album Co.
|
3952 Chesswood Dr, North York, ON M3J 2P6, Canada
|
USA
|
Photograph and Product Development
|
Dutch Ink Albums
Chamber of Commerce number: 66877431
|
Hoge Rijndijk 9B
3449HB Woerden,
The Netherlands
|
EU
|
Photograph and Product Development
|
Floriano da Costa & Gavina Lda
|
NIPC 501 245 596, Rua de Cidres 1586, 4455-442 Perafita,
Matosinhos, Portugal
|
Portugal
|
Photograph and Product Development
|
Folio Albums Ltd.
|
7B Shortwood Court
Shortwood Business Park
Barnsley S74 9LH
United Kingdom
|
USA
|
Photograph and Product Development
|
GTA Imaging
|
80 St. Regis Crescent North
North York, ON M3J 1Z3, Canada
|
Canada
|
Photograph and Product Development
|
Giclee Art
|
Via C. Rispoli 319
71016 San Severo FG, Italy
|
EU
|
Photograph and Product Development
|
Indie Print Company
|
USA
|
USA
|
Photograph and Product Development
|
Kiss Wedding Books, LLC
|
USA
|
USA
|
Photograph and Product Development
|
Loxley Colour
|
1 Drum Mains Park
Orchardton Woods
Glasgow, G68 9LD, UK
|
USA, UK
|
Photograph and Product Development
|
Miller's Professional Imaging Co.
|
1712 East Pointe Dr.
Columbia, MO 65201, USA and 610 E. Jefferson
Pittsburg, KS 66762, USA
|
USA
|
Photograph and Product Development
|
Musea
|
877 Seven Oaks Blvd #520
Smyrna, TN 37167, USA
|
USA
|
Photograph and Product Development
|
CYFROWA FOTO SP. Z O.O.
|
190 Zaczernie, 36-062 Zaczernie
POLAND / PL
VAT GB: 231612644
|
Poland
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Photograph and Product Development
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Prints by DKJ
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Slöjdgatan 2
352 46 Växjö, Sweden
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EU
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Photograph and Product Development
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Profotonet
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Rietbaan 17
2908LP Capelle aan den Ijssel, The Netherlands
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EU
|
Photograph and Product Development
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Digito Marcin Bittner
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Obywatelska 37, 33-100 Tarnów, Poland, VAT: PL8732909530
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EU, USA
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Photograph and Product Development
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RedTree Albums
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13030 Eastgate Park Way Louisville, KY 40223, USA
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USA
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Photograph and Product Development
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Richard Photo Lab
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21515 Centre Pointe Pkwy Santa Clarita, CA 91350, USA
|
USA
|
Photograph and Product Development
|
Sim Imaging
|
Unit 8, The I O Centre, Hearle Wy, Hatfield AL10 9EW, United
Kingdom
|
UK
|
Photograph and Product Development
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One Vision Imaging Ltd
|
Unit K1 Herald Way, Binley Industrial Estate, Coventry CV3
2NY, United Kingdom
|
UK
|
Photograph and Product Development
|
Pikto Inc.
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382 Canarctic Drive
Toronto , Ontario M3J 2V3, Canada
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Canada
|
Photograph and Product Development
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DIGITALAB LIMITED
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Unit 2 Cumberland Rd, North Shields NE29 8RD, United Kingdom
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UK
|
Photograph and Product Development
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Matisseo Livre Photo
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9bis Chemin du Vieux Chêne 38240 Meylan, France
|
EU
|
Photograph and Product Development
|
By Momento
MARIA EUGENIA GARZA MARTINEZ
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De Los Arizpe 306, Bosques de los Ayala, Zona Los
Callejones, 66228 Monterrey, N.L., Mexico
|
Mexico
|
Photograph and Product Development
|
Seldex Artistic Albums
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397 Victoria Street
Brunswick VIC 3056
Australia
|
Australia
|
Photograph and Product Development
|
SnapAlbums Marcin Bittner ul.
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Obywatelska 37 33-100 Tarnów NIP 8732909530, REGON
120174129, Poland
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Poland
|
Photograph and Product Development
|
The Print House
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1 HaZerem, Tel-Aviv-Yafo, Israel
|
Israel
|
Photograph and Product Development
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Trig Point Print and Frame Ltd.
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Diamond Harbour, Canterbury, New Zealand, 8971
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New Zealand
|
Photograph and Product Development
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White House Custom Colour
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Eagan, MN, USA
|
USA
|
Photograph and Product Development
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WB Street Ltd./ Wooden Banana
|
62 Huntly Gardens
G72 0QH Blantyre
United Kingdom
|
Poland
|
Photograph and Product Development
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PayPal, Inc.
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2211 North First Street
San Jose, California, U.S.A
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US
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Payment Processing
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Stripe, Inc.
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510 Townsend Street San Francisco, CA 94103, U.S.A. and
Dublin, Ireland
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EU and US
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Payment Processing
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Block, Inc. (Square)
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1455 Market Street, Suite 600 San Francisco, CA 94103, U.S.A
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USA, Canada, Japan, and the EU
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Payment Processing
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BlueSnap, Inc.
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800 South St, Suite 640, Waltham, MA, USA
|
USA, UK
|
Payment Processing
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Twilio Inc.
|
375 Beale Street
Suite 300
San Francisco, CA 94105
USA
|
USA
|
Email Marketing
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Intuit Inc. (mailchimp)
|
2632 Marine Way, MS2700
Mountain View, CA 94039, USA
|
USA
|
Email Marketing
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Intercom
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55 2nd Street, 4th Fl., San Francisco, CA 94105, USA
|
USA
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Customer Support
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OpenAI
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3180 18th St, San Francisco, California, 94110, United
States
|
USA
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Content creation services
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Zapier
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Zapier, Inc. 548 Market St. #62411,
San Francisco, CA
94104-5401;
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USA
|
Workflow Automation
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ANNEX IV
EU INTERNATIONAL TRANSFERS AND SCC
-
The parties agree that the terms of the
Standard Contractual Clauses
are hereby incorporated by reference and shall apply to the transfer of
Photographer Data from the EEA to other countries that are not deemed as
Adequate Countries.
-
Module Two (Controller to Processor) of the
Standard Contractual Clauses
shall apply where the transfer is effectuated by Photographer as the
Data Controller of the Photographer Data and Pic-Time is the Data
Processor of the Photographer Data.
-
The parties agree that for the purpose of transfer of Photographer Data
between Photographer (as Data Exporter) and Pic-Time (as Data Importer),
the following shall apply:
-
Clause 7 of the Standard Contractual Clauses shall not be
applicable.
-
In Clause 9, option 2 (general written authorization) shall apply
and the method for appointing and time period for prior notice of
Sub-Processor changes shall be as set forth in the Sub-Processing
Section of the DPA.
-
In Clause 11, the optional language will not apply, and Data
Subjects shall not be able to lodge a complaint with an independent
dispute resolution body.
-
In Clause 17, option 1 shall apply. The parties agree that the
Standard Contractual Clauses shall be governed by the laws of the EU
Member State in which the Photographer is established (where
applicable).
-
In Clause 18(b) the parties choose the courts of the Republic of
Ireland, as their choice of forum and jurisdiction.
-
Annex I.A of the Standard Contractual Clauses shall be completed
as follows:
-
"Data Exporter": Photographer
-
"Data Importer": Pic-Time
-
Roles: (A) With respect to Module Two: (i) Data Exporter is a
Data Controller and (ii) the Data Importer is a Data Processor.
-
Data Exporter and Data Importer Contact details: As detailed in
the Agreement.
-
Signature and Date: By entering into the Agreement and DPA, Data
Exporter and Data Importer are deemed to have signed these
Standard Contractual Clauses incorporated herein, including
their Annexes, as of the Effective Date of the Agreement.
-
Annex I.B of the Standard Contractual Clauses shall be completed
as follows:
-
The purpose of the Processing, nature of the Processing, categories
of Data Subjects, categories of Personal Data and the parties'
intention with respect to the transfer of special categories are as
described in ANNEX I (Details of Processing) of this DPA.
-
The frequency of the transfer and the retention period of the
Personal Data is as described in ANNEX I (Details of
Processing) of this DPA.
-
The Sub-Processor which Personal Data is transferred are listed in
ANNEX III.
-
Annex I.Cof the Standard Contractual Clauses shall be completed
as follows:the competent supervisory authority in accordance with
Clause 13 is the supervisory authority in the Member State stipulated in
Section 3 above.
-
ANNEX II of this DPA (Technical and Organizational Measures)
serves as Annex II of the Standard Contractual Clauses.
-
ANNEX III of this DPA (List of Sub-processors) serves as
Annex III
of the Standard Contractual Clauses.
-
Transfers to the US:Measures and assurances regarding US
government surveillance ("Additional Safeguards") are further
detailed in ANNEX II.
ANNEX V
UK INTERNATIONAL TRANSFERS AND SCC
-
The parties agree that the terms of the Standard Contractual Clauses as
amended by the
UK Standard Contractual Clauses
, and as amended in this ANNEX V, are hereby incorporated by
reference and shall apply to transfer of Photographer Data from the UK
to other countries that are not deemed as Adequate Countries.
-
This ANNEX V is intended to provide appropriate safeguards for
the purposes of transfers of Photographer Data to a third country in
reliance on Article 46 of the UK GDPR and with respect to data transfers
from Controllers to Processors or from the Processor to its
Sub-Processors.
-
Terms used in this ANNEX V that are defined in the Standard
Contractual Clauses, shall have the same meaning as in the Standard
Contractual Clauses.
-
This ANNEX V shall (i) be read and interpreted in the light of
the provisions of UK Data Protection Laws, and so that if fulfils the
intention for it to provide the appropriate safeguards as required by
Article 46 of the UK GDPR, and (ii) not be interpreted in a way that
conflicts with rights and obligations provided for in UK Data Protection
Laws.
-
Amendments to the UK Standard Contractual Clauses:
-
Part 1: Tables
-
Table 1 Parties: shall be completed as set forth in Section 4
within Annex IV above.
-
Table 2 Selected SCCs, Modules and Selected Clauses: shall be
completed as set forth in Section 2 and 3 within Annex IV
above.
-
Table 3 Appendix Information:
Annex 1A: List of Parties: shall be completed as set forth in Section 2
within ANNEX IV above.
Annex 1B: Description of Transfer: shall be completed as set forth in
ANNEX I
above.
Annex II: Technical and organizational measures including technical and
organizational measures to ensure the security of the data: shall be
completed as set forth in ANNEX II above.
Annex III: List of Sub processors: shall be completed as set forth in
Annex III
above.
-
Table 4 ending this Addendum when the Approved Addendum Changes: shall
be completed as "neither party".
ANNEX VI
SUPPLEMENTARY TERMS FOR SWISS DATA PROTECTION LAW TRANSFERS ONLY
The following terms supplement the Clauses only if and to the extent the
Clauses apply with respect to data transfers subject to Swiss Data
Protection Laws, and specifically the FDPA:
-
The term 'Member State' will be interpreted in such a way as to allow
Data Subjects in Switzerland to exercise their rights under the Clauses
in their place of habitual residence (Switzerland) in accordance with
Clause 18(c) of the Clauses.
-
The clauses in the DPA protect the Photographer Data of legal entities
until the entry into force of the upcoming revised FDPA.
-
All references in this DPA to the GDPR should be understood as
references to the FDPA insofar as the data transfers are subject to the
FDPA.
-
References to the "competent supervisory authority", "competent courts"
and "governing law" shall be interpreted as Swiss Data Protection Laws
and Swiss Information Commissioner, the competent courts in Switzerland,
and the laws of Switzerland (for Restricted Transfers from Switzerland).
-
In respect of data transfers governed by Swiss Data Protection Laws, the
EU SCCs will also apply to the transfer of information relating to an
identified or identifiable legal entity where such information is
protected similarly as Personal Data under Swiss Data Protection Laws
until such laws are amended to no longer apply to a legal entity.
-
The competent supervisory authority is the Swiss Federal Data Protection
Information Commissioner.
ANNEX VII
US DATA PROTECTION LAWS ADDENDUM
This US Data Protection Laws Addendum ("US Addendum") adds
specification applicable to US Data Protection Laws. All terms used but not
defined in this US Addendum shall have the meaning set forth in the DPA.
-
CCPA Specifications :
-
For the purpose of the CCPA, Photographer is the Business and
Pic-Time is the Service Provider.
-
Pic-Time shall Process Photographer Data on behalf of the
Photographer as a Service Provider under the CCPA and shall not: (i)
Sell or Share the Photographer Data; (ii) retain, use or disclose
the Photographer Data for any purpose other than for a business
purpose specified in the Agreement; or (iii) combine the
Photographer Data with other Personal Data that it receives from, or
on behalf of, another Photographer, or collects from its own
interaction with California residents, expect as otherwise permitted
by the CCPA.
-
If, and to the extent applicable, Pic-Time shall assist Photographer
in respect of consumer request to limit the use of its Sensitive
Personal Information ("SPI").
-
Pic-Time certifies that it understands the rules, requirements, and
definitions of the CCPA and agrees to refrain from Selling any
Photographer Data.
-
US Applicable States Specifications:
-
For the purpose of this US Addendum "Applicable States" shall mean
Virginia, California, Colorado, Utah, and Connecticut.
-
Pic-Time agrees to notify the Photographer if Pic-Time makes a
determination that it can no longer meet its obligations under this
US Addendum or US Data Protection Laws.
-
Pic-Time shall provide information necessary to enable the
Photographer to conduct and document any data protection assessments
required by US Data Protection Laws. Notwithstanding the above,
Pic-Time is responsible for only the measures allocated to it.
-
Pic-Time shall provide assistance and procures that its
subcontractors will provide assistance as Photographer may
reasonably request, where and to the extent applicable, in
connection with any obligation by Photographer to respond to
Consumer's requests for exercising their rights under the US Data
Protection Laws. Including without limitation, by taking appropriate
technical and organizational measures, insofar as this is possible,
for the fulfillment of the Photographer's respective obligation to
respond. Pic-Time acknowledges and confirms that it does not receive
any monetary goods, payments or discounts in exchange for Processing
the Photographer Data.
-
Each party shall, taking into account the context of Processing,
implement appropriate technical and organizational measures to
ensure a level of security appropriate to the risk a clear
allocation of the responsibilities between them to implement these
measures. Pic-Time technical measures are detailed in the DPA and
Annexes above.
-
The Processing instructions, including the nature of Processing,
purpose of Processing, the duration of Processing, the type of
Personal Data and categories of Data Subjects, are set forth in
ANNEX I
above.
-
In addition to the Audit rights under Section 8 of the DPA, under US
Data Protection Laws and subject to Photographer's consent, Pic-Time
may alternately, in response to Photographer's on premises audit
request, initiate a third-party auditor to verify Pic-Time'
compliance with its obligations under this US Data Protection Laws.
During such an audit, Pic-Time will make available to the
third-party auditor all information necessary to demonstrate such
compliance.
-
Each party will comply with the requirements set forth under US Data
Protection Laws with regards to Processing of de-identified data, as
such term is defined under the applicable US Data Protection Law.
-
When Processing Photographer Data (as defined in the Agreement) for the
permitted purposes under US Data Protection Laws Pic-Time shall ensure
it complies with applicable laws and shall be liable for such Processing
activities.