Data processing agreement
Among other things, SoftApp processes personal data for and on behalf of 'the client' because the client has a software user agreement with the cloud service: The Voice of O365. The Voice of O365 is a cloud service provided by SoftApp.
SoftApp and the customer are therefore required by the General Data Protection Regulation (AVG) to enter into a Processing Agreement. SoftApp and the customer mutually undertake to comply with the General Data Protection Regulation (AVG). For the definitions of terms, the AVG is followed. SoftApp will only process the personal data for and on behalf of the customer and to give effect to the agreement.
Instructions for processing
The processing consists of making the SoftApp applications available with the data entered and generated by the customer. SoftApp will not add, modify or delete data without specific instruction from the customer. That instruction can be given through a request or through the self-service portal.
Within the applications, which SoftApp makes available, various types of personal data can be recorded. Including: display name, first name, last name, office name, phone number, city, country, title, company, manager, department, user name.
SoftApp is aware that the customer can enter all of these, and any personal data or categories to be created by the customer, and that SoftApp will then process them. The client is responsible for assessing whether the purpose and nature of the processing is appropriate to the service SoftApp is providing.
Duty of confidentiality
SoftApp is aware that the information the client shares with SoftApp within the Voice of O365 is confidential and business sensitive. All SoftApp employees shall responsibly handle customer information during their employment and thereafter, as set forth in their employment contract with confidentiality clause.
Employees with access to customer data
SoftApp system administrators and support staff have full access to customer data for:
creating the customer (tenant) on The Voice of O365 platform;
installing a new version;
implementing patches and hot fixes;
making a backup;
moving a data within the The Voice of O365 domain.
SoftApp permanently takes appropriate technical and organizational measures to protect the personal data of the customer against loss or any form of unlawful processing. These measures are considered an appropriate level of security within the meaning of the AVG. The customer is entitled, in consultation with SoftApp during the term of the agreement, to have an independent expert verify compliance, for example by conducting an audit. The customer will bear all costs related to this audit.
SoftApp shall be liable for damages in the context of personal data due to acts or omissions of the sub-processor where the limitation of liability from the Liability chapter applies. The applicable limitation of liability does not apply if there is gross negligence or intentional misconduct on the part of the sub-processor. SoftApp is also not liable in case of force majeure on its own or on the part of the sub-processor.
If the Personal Data Authority will issue a binding instruction to the Processor, the Customer must immediately inform SoftApp of this binding instruction. SoftApp shall do everything that can reasonably be expected of it to enable compliance. If SoftApp does not do what can reasonably be required of it resulting in a fine, or if the Personal Data Authority imposes a fine directly because there is intent or serious culpable negligence on the part of SoftApp, the applicable limitation of liability as described in its General Terms of Sale and Delivery shall not apply.
SoftApp processes customer data in the data centers of Iron Mountain Data Centers (Leaseweb), Whitesky.cloud (Gig.tech) and Microsoft Azure and are thus sub-processors. SoftApp's data centers are located in the Netherlands and Belgium and are subject to Dutch | Belgium laws and regulations and meet the strict Dutch | Belgium and European legislation with respect to logical and physical access protection and continuity. The data centers are at least ISO 27001 certified. The (personal) data shall be processed by SoftApp and sub-processor exclusively within the European Economic Area.
SoftApp will not allow new sub-processors to process data without informing the customer in a timely manner. The customer may object to SoftApp against the sub-processor. SoftApp will handle these objections at the management level. Should SoftApp still wish to have data processed by the new sub-processor, the customer has the option to terminate the agreement.
SoftApp has no control over the personal data made available by the customer. Without necessity, given the nature of the order provided by the customer, explicit consent of the customer or legal obligation SoftApp will not provide the data to third parties or process it for other purposes, than for the agreed purposes. The customer guarantees that the personal data may be processed on a basis specified in the AVG.
SoftApp will, however, if a request is made by the Netherlands Authority for the Financial Markets (Stichting Autoriteit Financiële Markten), the European Central Bank or De Nederlandsche Bank N.V. pursuant to the performance of their duties under the Wft, or under other laws and regulations, make all possible information available to the relevant organization. SoftApp also obliges the sub-processor, as mentioned above, to comply with such a request from these regulators.
Notification to the customer
If SoftApp is found to have a security incident or data leak, SoftApp will notify the customer as soon as possible after SoftApp becomes aware of the data leak. To accomplish this, SoftApp will ensure that all of its employees are and remain capable of detecting a data leak and expects SoftApp to enable its contractors to enable SoftApp to do so. To be clear, if there is a data leak at a SoftApp vendor, SoftApp will of course report it. SoftApp is the point of contact for the customer. The customer does not have to contact the suppliers of SoftApp.
Informing the customer (administrator)
Initially, SoftApp will inform the contact person (administrator) of the subscription about a data leak.
SoftApp tries to provide the customer immediately with all the information the customer needs to make a possible report to the Authority for the Protection of Personal Data and/or the data subject(s).
Term of informing
The AVG states that notification must be made 'without delay'. According to the Authority Personal Data, this is without undue delay and if possible no later than 72 hours after discovery by the responsible party. If a security incident occurs, SoftApp will inform the customer as soon as possible, but no later than 48 hours after SoftApp has discovered it. The customer will have to make the assessment whether the security incident falls under the term "data leak" and whether it should be reported to the Authority for the Protection of Personal Data. The customer has 72 hours to do so, after the customer has been informed.
Progress and measures
SoftApp will keep the customer informed about the progress and the measures taken. SoftApp will make arrangements on this with the primary contact person at the time of the initial notification. In any case, SoftApp will keep the customer informed in case of a change in the situation, the disclosure of further information and about the measures taken. SoftApp registers all security incidents and handles them according to a fixed procedure (workflow).
SoftApp will, at the end of the agreement, delete all customer data. If the customer wants to have the data removed earlier, a request can be made. SoftApp undertakes to comply with this.