This Data Processing Agreement (“DPA”), together with Our Terms of Service, Privacy Policy and Acceptable Use Policy, forms part of the (“Agreement”) entered into by and between Aggregated “We”, “Our” or “Us”) and the natural or legal person agreeing to it (together with Affiliates of such person which ordered Platforms for such Affiliate as provided in this Agreement, each “Customer”, “You” or “Your”) to reflect the terms on which Aggregated will process Personal Data in connection with Your use of Our Platform and pursuant to the Agreement. Aggregated and You may each be referred to as a “Party” or collectively as the “Parties.”
All capitalized terms in this DPA shall have the same meaning as defined in the Agreement and in the Applicable Law.
The following terms shall have the following meanings:
1.1 Applicable Data Protection Laws means, to the extent applicable:
The definition of “Applicable Data Protection Laws” includes the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et. seq. and California Privacy Rights Act of 2020 (together, “CCPA”).
Except as described otherwise, the definitions of: “Controller” includes “Business”; "Processor" includes “Service Provider”; “Data Subject” includes “Consumer”; “Personal Data” includes “Personal Information”; in each case as defined under CCPA.
Aggregated acknowledges and confirms that it does not receive or process any Personal Data as consideration for any services or other items that Aggregated provides to Customer under the Agreement. Aggregated shall not have, derive, or exercise any rights or benefits regarding Personal Data Processed on Customer’s behalf, and may retain, use, and disclose Personal Data solely for the purposes for which such Personal Data was provided to it, as stipulated in the Agreement and this DPA. Aggregated represents and warrants that it understands the rules, requirements and definitions of the CCPA and agrees to refrain from selling (as such term is defined in the CCPA) any Personal Data Processed hereunder, without Customer’s prior written consent, nor taking any action that would cause any transfer of Personal Data to or from Aggregated under the Agreement or this DPA to qualify as “selling” such Personal Data under the CCPA.
Aggregated certifies that its sub-processors are Service Providers under CCPA, with whom Aggregated has entered into a written contract that includes terms substantially similar to this DPA. Aggregated conducts appropriate due diligence on its sub-processors.
Aggregated will implement and maintain appropriate security measures to the nature of the personal data it processes as set forth in Schedule 2 (Security) of this DPA.
Aggregated’s obligations regarding data subject requests apply to Consumer’s rights under the CCPA.
1.2 Data Subject means the identified or identifiable person to whom Personal Data relates;
1.3 Personal Data means “any information relating to an identified or identifiable natural person (data subject); an identifiable person is one who can be identified, directly or indirectly, in particular by reference identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”, as defined under the General Data Protection Regulation 2016/679 and includes any equivalent definition in the Applicable Data Protection Laws;
1.4 Process, Processing or Processed means “any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction”.
1.5 Purpose means the services and the associated Processing of Personal Data as defined in Schedule 1 to this Agreement
1.6 Terms of Service means the legal agreement between the Controller as the user and the Processor, that governs the Controller's limited, non-exclusive and terminable right to the use of the Aggregated Site and Platform as defined in the Terms of Service.
2.1 Aggregated is a Processor and You are a Controller.
2.2 The Parties have agreed that the Controller will act as the sole Controller of the Personal Data and that the Processor renounces to any rights it may have to act as a data controller of the Personal Data held by the Controller.
2.3 The Parties have agreed that it may be necessary for the Processor to Process certain Personal Data on behalf of the Controller; in light of this Processing, the Parties have agreed to enter into this DPA to address the compliance obligations imposed upon the Controller pursuant to the Applicable Data Protection Laws.
2.4 The Parties agree that the provision of the services under Aggregated’s Terms of Service may qualify as commissioned data Processing.
2.5 The Processor is appointed by the Controller to Process such Personal Data for and on behalf of the Controller as is necessary to provide the Processing services, and as may subsequently be agreed to by the Parties in writing. Any such subsequent agreement shall be subject to the provisions of this DPA.
2.6 The Controller shall Process Personal Data in accordance with the requirements of the Applicable Data Protection Laws. For the avoidance of doubt, the Controller’s instructions for the Processing of Personal Data shall comply with the Applicable Data Protection Laws and the Processor reserves the right to refuse such instructions if not in compliance with the Applicable Data Protection Laws. The Controller shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which it acquires the Personal Data.
2.7 The Controller shall establish and have any and all required legal basis in order to collect, Process and transfer to Aggregated the Personal Data, and to authorize the Processing by Aggregated, and for Aggregated’s Processing activities on Your behalf.
3.1 Subject to any section of this DPA and/or the Agreement dealing with the duration of the Processing and the consequences of its expiration or termination, Aggregated will Process Personal Data pursuant to this DPA and the Agreement for the duration of the Agreement, unless otherwise agreed upon in writing by the Parties.
4.1 The Processor shall Process Personal Data for the Purpose as described in the Terms of Service, as entered into between the Parties, on behalf of and under the direction of the Controller and as summarized in Schedule 1.
4.2 The Personal Data will be physically stored exclusively within the Unites States of America.
4.3 If, as a Controller, You are situated in a country outside United States of America you must cease to use Aggregated as a Processor.
4.4 Depending on how the Controller chooses to use the Aggregated Platform, the subject matter of Processing of Personal Data may cover different types of Personal Data. The categories may vary depending on the specific product and how You choose to configure it and may include:
Aggregated Unique User ID
Aggregated Unique Session ID
device type
referring URL and domain
pages visited
date and time when Your website was accessed and specific event on Your website occured
user attributes that you may choose to share with us via Identify API
transaction ID
4.7 Sale of Personal Data is strictly prohibited and the Processor shall not sell Personal Data. The Processor shall not disclose or transfer Personal Data to a third party or other parties in a manner that would constitute “selling” under Applicable Data Protection Laws (e.g., CCPA).
5.1 The Processor shall establish data security in accordance with the Applicable Data Protection Laws. The measures to be taken must guarantee a protection level appropriate to the risk concerning confidentiality, integrity, availability and resilience of the systems. The state of the art, implementation costs, the nature, scope and purposes of Processing, as well as the probability of occurrence and the severity of the risk to the rights and freedoms of natural persons, must be taken into account.
5.2 The Processor has laid down the technical and organizational measures, in Schedule 2 of this Agreement.
5.3 The technical and organizational measures are subject to technical progress and further development. In this respect, it is permissible for the Processor to implement alternative adequate measures from time to time. In so doing, the security level of the defined measures must not be reduced.
6.1 The Processor may not, on its own authority, rectify, erase or restrict the Processing of Personal Data that is being processed on behalf of the Controller (unless this is required by law or the Processor’s Terms of Service), but shall only do so on documented instructions from the Controller and in accordance to data retention rules associated to the Controller’s Subscription Plan.
6.2 If a Data Subject applies directly to the Processor with a request to exercise their right under Applicable Data Protection Laws, the Processor must forward this request to the Controller without delay. Aggregated will provide reasonable assistance to the Controller in fulfilling their obligation to respond to any such request.
6.3 Upon the Controller’s request, the Processor shall provide the Controller with reasonable cooperation and assistance needed to fulfill the Controller’s obligation under the CCPA to carry out a data protection impact assessment and, where necessary, a prior consultation related to the Controller’s use of the Processor’s Platform, to the extent that the Controller does not otherwise have access to the relevant information, and to the extent such information is available to the Processor.
7.1 The Processor shall comply with all statutory requirements applicable when carrying out this Agreement. In particular, the Processor ensures compliance with the following requirements:
a. the Processor has appointed a data protection officer, who shall perform such duties in compliance with the Applicable Data Protection Laws. The data protection officer can be contacted via e-mail on support@aggregated.io
b. the Processor shall keep Personal Data logically separate to data Processed on behalf of any other third party;
c. the Processor and any person acting under its authority shall process the Personal Data in accordance with the Processor’s Terms of Service and on documented instructions from the Controller, including with regard to transfers of Personal Data to a third country or an international organization, unless required to do so by European Union or Member State law to which the Processor is subject; in such a case, the Processor shall inform the Controller of that legal requirement before Processing, unless that law prohibits such information on important grounds of public interest;
d. the Processor ensures that its personnel (whether legal or natural) engaged in the Processing of Personal Data have committed themselves to maintaining the confidentiality of the Personal Data.
e. the Processor and the Controller shall cooperate, on request, with the supervisory authority in the performance of its tasks;
f. Aggregated shall inform You immediately if We receive any complaint, notice or communication that relates directly to the processing of the Personal Data or to either party's compliance with the Data Protection Legislation, unless prohibited from doing so by Law.
g. the Processor shall undertake reasonable efforts to support the Controller if the Controller is subject to an inspection by the supervisory authority, an administrative or summary offense or criminal procedure, a liability claim by a Data Subject or by a third party or any other claim in connection with this Agreement;
h. the Processor shall periodically monitor the internal processes and the technical and organizational measures to ensure that Processing is in accordance with the requirements of Applicable Data Protection Laws and the protection of the rights of the Data Subject; and
i. The Processor shall verify the technical and organizational measures conducted as part of the Controller’s monitoring rights referred to Schedule 2 of this DPA.
8.1 The Processor shall assist the Controller in complying with the statutory obligations regarding the security and protection of Personal Data and shall make appropriate documentation in this regard. This includes, in particular, the obligation:
a. to ensure an appropriate level of protection through technical and organizational measures that take into account the circumstances and purposes of the Processing as well as the projected probability and severity of a possible infringement of the law as a result of security vulnerabilities and that enable an immediate detection of relevant infringement events;
b. to notify the Controller without undue delay after having become aware of any accidental, unauthorized, or unlawful destruction, loss, alteration, or disclosure of, or access to, Personal Data ("Security Breach"). In consultation with the Controller, the Processor shall take appropriate measures to secure the data and limit any possible detrimental effect on the Data Subjects;
c. to co-operate with the Controller and provide the Controller with any information which the Controller may reasonably request relating to the Security Breach. The Processor shall investigate the Security Breach and shall identify, prevent and make reasonable efforts to mitigate the effects of any such Security Breach and, with the Controller’s prior agreement, to carry out any recovery or other action necessary to remedy the Security Breach;
d. to assist the Controller by appropriate measures with regard to the Controller’s obligation to inform Data Subjects and competent authorities in case of a Security Breach; and
e. to assist the Controller with regard to the Controller’s obligation to provide information to the Data Subject concerned and to immediately provide the Controller with all relevant information in this regard.
10.1 The Personal Data may only be handled under the terms of this DPA, in alignment with the Processor’s Terms of Service, and under the instructions issued by the Controller. Under the terms of this DPA, the Controller retains a general right of instruction as to the nature, scope and method of data Processing, which may be supplemented with individual instructions. Instructions are deemed to be provided by the Controller by way of selecting the desired product and/or the desired configuration of the Platform settings or by way of instructions via electronically communicated text in writing or in text form.
10.2 The Processor must not use the data for any other purpose and is particularly forbidden to disclose the data to third parties. No copies or duplicates may be produced without the knowledge of the Controller. This does not apply to backup copies where these are required to assure proper data Processing, or to any data required to comply with statutory retention rules.
10.3 The Processor shall inform the Controller immediately if it believes that the instructions may cause infringement of Applicable Data Protection Laws. The Processor may then postpone the execution of the relevant instruction until it is confirmed or changed by the Controller’s representative.
11.1 Upon completion of the contractual work as laid down in the Agreement or when requested by the Controller, and within a reasonable time which shall not exceed thirty (30) calendar days, or any other timeline as specified in the product description, the Processor must delete, anonymize or return to the Controller all documents in its possession and all work products and data produced. The same applies to any test data.
11.2 The Processor shall, to the extent legally permitted, promptly notify the Controller if the Processor receives a request from a Data Subject to exercise the Data Subject's right of access, right to rectification, restriction of Processing, erasure (“right to be forgotten”), data portability, object to the Processing, or its right not to be subject to an automated individual decision making.
11.3 Taking into account the nature of the Processing, the Processor shall assist the Controller by appropriate technical and organizational measures, insofar as possible, for the fulfillment of the Controller’s obligation to respond to a Data Subject’s request under the Applicable Data Protection Laws. The obligation to delete the Data Subject’s Personal Data shall, at all times, remain with the Controller. For the avoidance of doubt, the Processor will not undertake any data deletion efforts for and on behalf of the Controller other than as described the Terms of Service.
12.1 The Controller will indemnify the Processor in respect of all liabilities, costs and expenses suffered or incurred by the Processor in its capacity as Processor of the Personal Data of the Controller arising from (i) any Security Breach in the terms of this Agreement if such Security Breach was caused by the Controller or (ii) any negligent act or omission by the Controller in the exercise of the rights granted to it under the Applicable Law provided that:
a. the Processor, within reasonable time, notifies the Controller of any actions, claims or demands brought or made against it;
b. the Processor will not compound, settle or admit to any actions, claims or demands without the consent of the Controller except by order of a court of competent jurisdiction;
c. the Controller shall be entitled at its own cost to defend or settle any proceedings;
d. unless otherwise restricted or limited by any legislation in the applicable jurisdiction, the Controller’s maximum aggregate liability under this DPA shall, in no case exceed the total of three (3) times annual Customer fees or one thousand dollars ($1,000), whichever is greater; and
e. nothing in this DPA shall restrict or interfere with the Controller’s rights against the Processor or any other person in respect of contributory negligence.
The Processor’s right to claim damages shall be forfeited if the Processor fails to give written notice of any damages that may be sustained as aforesaid within ten (10) business days from the occurrence and knowledge thereof or commences to make good such damages before written notice is given as aforesaid.
Nothing in this Clause 12.1 shall lead to a liability of the Controller for acts or omissions of the Processor on its own accord and independently of the instructions given to it by the Controller. Therefore, this clause shall not be applicable to any liabilities, costs or expenses that have arisen solely out of negligence or willful act, default or omission of the Processor, its employees, contractors, sub-contractors or any other person outside the Controller’s control.
12.2 The Processor will indemnify the Controller in respect of all liabilities, costs and expenses suffered or incurred by the Controller in its capacity as controller of the data of the Processor arising from (i) any Security Breach in the terms of this Agreement if such Security Breach was caused by the Processor or (ii) any negligent act or omission by the Processor in the exercise of the rights granted to it under the Applicable Law provided that:
a. The Controller, within reasonable time, notifies the Processor of any actions, claims or demands brought or made against it concerning any alleged Security Breach;
b. The Processor shall be entitled at its own cost to defend or settle any proceedings;
c. Unless otherwise restricted or limited by any legislation in the applicable jurisdiction, the Processor’s maximum aggregate liability under this DPA shall, in no case exceed the total of three (3) times annual Customer fees or one thousand dollars ($10,000), whichever is greater; and
d. Nothing in this DPA shall restrict or interfere with the Processor’s rights against the Controller or any other person in respect of contributory negligence.
12.3 In the event of a breach of this DPA caused by the actions of a sub-processor, the Processor shall assign the right to the Controller to take action under the sub-processor contract as it deems necessary in order to protect and safeguard Personal Data. The Processor acknowledges and agrees that it shall remain liable to the Controller for any breach of the terms of this DPA or any sub-processor contract by any sub-processor and other subsequent third-party processors appointed by it.
The Purpose
Aggregated is a digital analytics platform that provides behavioral insights, real-time data, and other sales metrics. Aggregated gives our customers the immediacy of their sales data
With this toolset, Aggregated allows its users to analyze and understand the behavioral patterns of their visitors and customers across web properties through the use of analytics tools. The sole purpose of collecting this data is that of improving the functionality of their website and enhancing the overall users and / or customer experience.
The Processor warrants and undertakes in respect of all the Personal Data that is Processes on behalf of the Controller that, at all times, it maintains and shall continue to maintain appropriate and sufficient technical and organizational security measures to protect such Personal Data or information against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorized disclosure or access, in particular where the Processing involves the transmission of data over a network, and against all other unlawful forms of Processing.
Such measures shall include, but are not limited to, physical access control, logical access control (i.e. non-physical access control measures such as passwords), data access control, data transfer control, input control, availability measures, and data separation
The Processor shall provide the Controller, upon request, with adequate proof of compliance (e.g. the relevant parts of the Processor’s agreements with its data center provider).
For more detailed information on the latest state-of-the-art measures adopted by our hosting provider, please refer to the following link :https://aws.amazon.com/security/.