Data Processing Addendum (DPA)
Freemius takes the security of your data very seriously. As part of our effort, we process personal data in accordance with the General Data Protection Regulation (“GDPR”), the EU/US Privacy Shield principles (“Privacy Shield”), the laws of the US governing the handling of various types of personal data, and industry standards.
To better protect personal data, we are providing this Data Processing Addendum (DPA) to govern Freemius’ and your handling of personal data. This DPA forms part of Freemius’ Vendor Terms of Service and its Privacy Policy.
Definitions
It is important that all parties understand what data and whose data is protected under this DPA. The following definitions explain the scope of this DPA and the commitment for data protection.
“Freemius”, “we”, “us”, or “our” refers to the provider of the Freemius website and services.
“You” or “Customer” refers to the company or organization that signs up to use the Freemius service.
“Party” refers to Freemius and/or the customer, depending on the context.
“Personnel” refers to those individuals who are employed by or are under contract to perform a service on behalf of one of the parties. Personnel may have rights in their personal data (including business contact information) if they reside in the EU.
“Data Subjects” refers to individuals residing in the EU who are consumers or users of Freemius services (also “consumers”).
“Personal Data” is given the same meaning as in the GDPR which we summarize here as: any data relating directly or indirectly to an identifiable data subject. Personal data does not include any data that is anonymized, aggregated, de-identified and/or compiled on a generic basis and which does not name or identify a specific individual, directly or indirectly.
“Processing” is given the same meaning as in the GDPR, which we summarize as including: collecting, recording, using, storing, amending, adapting, disclosing, transferring or transmitting, structuring, using, combining, deleting or destroying, personal data (“Process” and “Processed” shall have similar meanings).
“Controller” is given the same meaning as in the GDPR, which we summarize as the party that determines the purposes and means of the processing of personal data – the customer is the controller with respect to consumer personal data. Each party may be the controller of personal data it processes about the other’s personnel.
“Processor” is the party that processes personal data on behalf of the controller – Freemius is the processor of the personal data we process about your consumers.
“Incident” means: (a) a complaint or a request with respect to the exercise of an individual’s rights under the GDPR; (b) an investigation into or seizure of the personal data by government officials, or a specific indication that such an investigation or seizure is imminent; or (c) any breach of the security and/or confidentiality as set out in this DPA leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the personal data, or any indication of such breach having taken place or being about to take place.
Our mission to protect personal data
Each party agrees that personal data shall be treated as confidential information under this DPA. In addition, each party shall at all times comply with applicable laws relating to data protection in the relevant jurisdiction with respect to each other’s personal data.
Personal Data shall remain the property of the disclosing party. Freemius acknowledges that customer is the controller and maintains control over data subject’s personal data.
Freemius will process customer’s personal data only to the extent strictly necessary for the purpose of providing the services in accordance with the Terms of Service and any further written instructions from the customer that are mutually agreed upon in writing.
Freemius agrees that:
it will implement and maintain a reasonable and appropriate security program comprising adequate security, technical and organizational measures to protect against unauthorized, unlawful or accidental processing, use, erasure, loss or destruction of, or damage to, customer personal data;
it will not modify, alter, delete, publish or disclose any customer personal data to any third party, nor allow any third party to process such personal data on Freemius’s behalf unless the third party is bound to similar confidentiality and data handling provisions;
only its personnel who “need-to-know” will be given access to customer personal data to the extent necessary to perform its obligations under the Terms of Service. It shall provide adequate training to its staff and ensure that they comply with the obligations in this DPA; and
it will only process customer personal data to the extent necessary to perform its obligations under the Terms of Service, upon written instructions of the customer (only as mutually agreed upon), and in accordance with applicable laws.
Upon termination of your account you may contact Freemius and instruct to delete or anonymize the personal data it has stored. Freemius will then complete your personal data deletion/anonymization.
Customer efforts and Freemius’ assistance
Customer warrants that it has all necessary rights to provide to Freemius the personal data for processing in connection with the provision of the Freemius Services.
To the extent required by applicable law, customer is responsible for ensuring that any data subject consents that may be necessary to this processing are obtained, and for ensuring that a record of such consents is maintained, including any consent to use personal data that is obtained from third parties. Should such consent be revoked by a data subject, customer is responsible for communicating the fact of such revocation to Freemius, and Freemius remains responsible for implementing any customer instruction with respect to the further processing of that personal data, or, as may be in accordance with any of Freemius’s legal obligations.
Customer understands, as a controller, that it is responsible (as between customer and Freemius) for:
determining the lawfulness of any processing, performing any required data protection impact assessments, and accounting to regulators and individuals, as may be needed;
making reasonable efforts to verify parental consent when data is collected on a data subject under 16 years of age;
providing relevant privacy notices to data subjects as may be required in your jurisdiction, including notice of their rights and provide the mechanisms for individuals to exercise those rights;
responding to requests from individuals about their data and the processing of the same, including requests to have personal data altered, corrected, or erased, and providing copies of the actual data processed;
implementing your own appropriate technical and organizational measures to ensure and demonstrate processing in accord with this DPA;
notifying individuals and any relevant regulators or authorities of any incident as may be required by law in your jurisdiction.
- Freemius shall assist the customer by implementing appropriate technical and organizational measures, insofar as this is reasonably and commercially possible (in Freemius’s sole determination and discretion), in fulfilling customer’s obligations to respond to individuals’ requests to exercise rights under the GDPR.
Freemius shall make available to the customer information reasonably necessary to demonstrate compliance with Freemius’s obligations under this DPA.
Incident management
When either party becomes aware of an incident that impacts the processing of personal data, it shall promptly notify the other about the incident and shall reasonably cooperate in order to enable the other party to perform a thorough investigation into the incident, to formulate a correct response, and to take suitable further steps in respect of the incident.
Both parties shall at all times have in place written procedures which enable them to promptly respond to the other about an incident. Where the incident is reasonably likely to require a data breach notification under applicable laws, the party responsible for the incident shall notify the other no later than 24 hours of having become aware of such an incident.
Any notifications made under this section shall be made to [email protected] (when made to Freemius) and to our point of contact with you (when made to the customer), and shall contain:(i) a description of the nature of the incident, including, where possible, the categories and approximate number of individuals concerned and the categories and approximate number of records concerned; (ii) the name and contact details of the point of contact where more information can be obtained; (iii) a description of the likely consequences of the incident; and (iv) a description of the measures taken or proposed to be taken to address the incident including, where appropriate, measures to mitigate its possible adverse effects.
Liability and indemnity
Each party indemnifies the other and holds them harmless against all claims, actions, third party claims, losses, damages and expenses incurred by the indemnified party and arising directly or indirectly out of or in connection with a breach of this DPA.
Incorporation of the Standard Contractual Clauses
The parties hereby incorporate the EU Standard Contractual Clauses of 2021, with the following choices and references.
In respect to section 7, “Docking”, the parties agree that Docking is an option to the SCC.
Module Two is selected; as Freemius is the Processor and the Customer is the Processor. However, if other activities shall apply, the relevant module shall be incorporated.
In respect to section 9, Option 2, of a general written authorization for sub-processors is agreed to undertake between the parties.
In respect to section 11, complaints may be lodged with the relevant authority.
In respect to section 17 an 18, the governing law shall be Ireland.
In respect to the APPENDIX, the following shall be incorporated: The Data Importer and Exporter details are as stated in this DPA.
The Categories of Data Subject are the Customer’s end-users and customers.
The Categories of Personal Data transferred are as required and specified in Freemius’ privacy policy.
The frequency of the transfer is upon demand.
The nature of processing is as stated in the Privacy Policy and Data Processing Agreement.
The purpose of processing is as stated in the Privacy Policy and Data Processing Agreement.
The period of processing is as stated in the Privacy Policy and Data Processing Agreement
The sub-processors are as stated in the Privacy Policy and Data Processing Agreement.
The supervisory authority is the Irish data protection committee.
The Sub-processors are as stated in the Privacy Policy.
In respect to ANNEX II, The technical and organizational measures to ensure the security of the data are as stated in the Privacy Policy.
Duration and termination
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This DPA shall come into effect on Dec 14, 2021 and shall continue until it is changed or terminated in accordance with the Terms of Service.
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Termination or expiration of this DPA shall not discharge the parties from the confidentiality obligations herein.
