This Application collects some of the Personal Data of its Users.
Data Controller of the Data Processing:
Email address of the Holder:
Types of data collected
Personal Information collected by this Application, either independently or through third parties, includes: Cookies, Usage Data, email and name.
You assume responsibility for the Personal Data of third parties published or shared by you through this Application and you warrant that you have the right to communicate or disseminate such Personal Data, freeing the Owner from any liability to third parties.
Method and place of processing of the Data collected
Modes of treatment
The Owner treats the User’s Personal Data by taking appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of the Personal Data. The processing is carried out by means of computer and/or telematic instruments, with organizational methods and logic strictly related to the purposes indicated. In addition to the Owner, in some cases, categories of persons involved in the organisation of the site (administrative, commercial, marketing, legal, system administrators) or external subjects (such as third party technical service providers, postal couriers, hosting providers, computer companies, communication agencies) may have access to the Data Controller’s Data Processing Managers, if necessary. The updated list of the Persons in charge can always be requested from the Data Controller.
The Data are processed at the operating offices of the Owner and in any other place where the parties involved in the processing are located. For further information, please contact the Owner.
The Data are processed for the time necessary to carry out the service requested by the User, or required by the purposes described in this document, and the User may always request the interruption of the processing or cancellation of the Data.
Purpose of the treatment of the data collected
The User’s Data is collected to allow the Data Controller to provide its services, as well as for the following purposes: Access to accounts on third party services, Statistics, Contact the User, Content Commentary, Payment Management, Address management and sending of email messages, Interaction with social networks and external platforms, Protection from SPAM, Remarketing and behavioral targeting and Display of content from external platforms.
The types of Personal Data used for each purpose are indicated in the specific sections of this document.
Details on the processing of Personal Data
The Personal Data are collected for the following purposes and using the following services:.
Contact the User
Mailing List or Newsletter (This Application)
By registering to the mailing list or newsletter, the email address of the User is automatically inserted in a list of contacts to which email messages containing information, including commercial and promotional information, relating to this Application may be transmitted. Your email address may also be added to this list as a result of registering with this Application or after you have made a purchase.
Personal Data collected: email.
Contact form (This Application)
By filling in the contact form with your Data, you consent to their use in order to respond to requests for information, quotes or any other information indicated by the header of the form.
Personal Data collected: email address, first name, last name, phone number, address (optional), various types of Data.
Commentary on contents
The comment services allow Users to formulate and make public comments about the content of this Application. Depending on the settings decided by the Owner, Users may leave their comments anonymously. In the event that the User’s Personal Information is provided by email, it may be used to notify you of comments regarding the same content. Users are responsible for the content of their comments. If a third party comment service is installed, it is possible that, even if Users do not use the comment service, it may collect traffic data relating to the pages on which the comment service is installed.
Directly managed commentary system (This Application)
This Application has its own content commenting system.
Personal Data collected: email and name.
Interaction with external social networks and platforms
This type of services allows you to interact with social networks or other external platforms directly from the pages of this Application. The interactions and information acquired by this Application are in any case subject to the User’s privacy settings for each social network. If an interaction service with social networks is installed, it is possible that, even if Users do not use the service, it may collect traffic data related to the pages in which it is installed.
Google+ +1 button and social widgets (Google Inc.)
The +1 button and social widgets of Google+ are Google+ social networking services provided by Google Inc.
Google Privacy and Terms: https://www.google.com/intl/en/policies/privacy/
Personal Data collected: Cookies and Usage Data.
Facebook social widgets and like button (Facebook, Inc.)
The “Like” button and social widgets on Facebook are interaction services with Facebook social network, provided by Facebook, Inc.
Facebook Data Policy: https://www.facebook.com/policy.php
Personal Data collected: Cookies and Usage Data.
Twitter Tweet button and social widgets (Twitter, Inc.)
The Tweet button and social widgets on Twitter are social networking services provided by Twitter, Inc.
Personal Data collected: Cookies and Usage Data.
The services contained in this section allow the Data Controller to monitor and analyze traffic data and serve to keep track of the User’s behaviour.
Google Analytics (Google Inc.)
Google Privacy and Terms: https://www.google.com/intl/en/policies/privacy/
Google Analytics is a web analysis service provided by Google Inc. (‘ Google’). Google uses the Personal Data collected in order to track and review your use of this Application, compile reports and share them with other services developed by Google. Google may use your Personal Data to contextualize and personalize the ads of your advertising network.
Personal Data collected: Cookies and Usage Data.
Viewing content from external platforms
This type of service allows you to view content hosted on external platforms directly from the pages of this Application and to interact with them.
If a service of this type is installed, it is possible that, even if Users do not use the service, it collects traffic data relating to the pages on which it is installed.
Gravatar (Automattic Inc.)
Gravatar is an image viewing service operated by Automattic Inc. that allows this Application to integrate such content into its pages.
Please note that if Gravatar images are used for commenting systems, the commentator’s email address (or parts of it) may be sent to Gravatar, even if you are not a member of this service.
Personal Data Collected: Usage and email data.
More information about the treatment
Defense in court
The User’s Personal Data may be used by the Owner in court or in the preliminary stages of its possible establishment to defend against abuse in the use of this Application or related services by the User. The User declares to be aware that the Data Controller may be required to disclose the Data at the request of public authorities.
System Log and Maintenance
For operation and maintenance purposes, this Application and any third party services used by it may collect System Logs, i. e. files that record interactions and may also contain Personal Data, such as the User IP address.
Information not contained in this policy
Further information in relation to the processing of Personal Data may be requested at any time from the Data Controller using contact information.
Exercise of rights by Users
The subjects to whom the Personal Data refers have the right at any time to obtain confirmation of their existence or not from the Data Controller, to know their content and origin, to verify their accuracy or request their integration, cancellation, updating, correction, transformation into anonymous form or blocking of Personal Data processed in violation of the law, as well as to oppose in any case, for legitimate reasons, to their processing. Requests must be addressed to the Data Controller.
Personal Data (or Data)
Personal data is any information relating to a natural person, identified or identifiable, even indirectly, by reference to any other information, including a personal identification number.
This is the information collected automatically by this Application (or by third party applications that this Application uses), including: IP addresses or domain names of computers used by the User connecting to this Application, URI (Uniform Resource Identifier) notation addresses, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response from the server (good end, good end, etc.).
The individual who uses this Application, which must coincide with or be authorized by the data subject and whose Personal Data is being processed.
The natural or legal person to whom the Personal Data relates.
Responsible for the treatment (or Responsible)
Data Controller (or Owner)
The natural person, legal person, public administration and any other body, association or body to which it belongs.
CUSTOMER EU DATA PROCESSING ADDENDUM
This Data Processing Addendum (“DPA“), forms part of the Agreement between The Rocket Science Group LLC d/b/a MailChimp (“MailChimp“) and Casatrevi (“Customer“) and shall be effective on the date both parties execute this DPA (Effective Date“). All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement.
“Affiliate” means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.
“Control” means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term “Controlled” shall be construed accordingly.
“Customer Data” means any Personal Data that MailChimp processes on behalf of Customer as a Data Processor in the course of providing Services, as more particularly described in this DPA.
“Data Protection Laws” means all data protection and privacy laws applicable to the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.
“Data Controller” means an entity that determines the purposes and means of the processing of Personal Data.
“Data Processor” means an entity that processes Personal Data on behalf of a Data Controller.
“EU Data Protection Law” means (i) prior to 25 May 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data (“Directive“) and on and after 25 May 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (“GDPR“); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (as may be amended, superseded or replaced).
“EEA” means, for the purposes of this DPA, the European Economic Area, United Kingdom and Switzerland.
“Group” means any and all Affiliates that are part of an entity’s corporate group.
“Personal Data” means any information relating to an identified or identifiable natural person.
“Privacy Shield” means the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Framework self-certification program operated by the U.S. Department of Commerce and approved by the European Commission pursuant to Decision C(2016)4176 of 12 July 2016 and by the Swiss Federal Council on January 11, 2017 respectively.
“Privacy Shield Principles” means the Privacy Shield Principles (as supplemented by the Supplemental Principles) contained in Annex II to the European Commission Decision C(2016)4176 of 12 July 2016 (as may be amended, superseded or replaced).
“Processing” has the meaning given to it in the GDPR and “process“, “processes” and “processed” shall be interpreted accordingly.
“Security Incident” means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Customer Data.
“Services” means any product or service provided by MailChimp to Customer pursuant to the Agreement.
“Sub-processor” means any Data Processor engaged by MailChimp or its Affiliates to assist in fulfilling its obligations with respect to providing the Services pursuant to the Agreement or this DPA. Sub-processors may include third parties or members of the MailChimp Group.
2. Relationship with the Agreement
2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services.
2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict.
2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement.
2.4 Any claims against MailChimp or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual’s data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimp’s liability under the Agreement as if it were liability to the Customer under the Agreement.
2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms.
2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.
3. Scope and Applicability of this DPA
3.1 This DPA applies where and only to the extent that MailChimp processes Customer Data that originates from the EEA and/or that is otherwise subject to EU Data Protection Law on behalf of Customer as Data Processor in the course of providing Services pursuant to the Agreement.
3.2 Part A (being Section 4 – 8 (inclusive) of this DPA, as well as Annexes A and B of this DPA) shall apply to the processing of Customer Data within the scope of this DPA from the Effective Date.
3.3 Part B (being Sections 9-12 (inclusive) of this DPA) shall apply to the processing of Customer Data within the scope of the DPA from and including 25th May 2018. For the avoidance of doubt, Part B shall apply in addition to, and not in substitution for, the terms in Part A.
Part A: General Data Protection Obligations
4. Roles and Scope of Processing
4.1 Role of the Parties. As between MailChimp and Customer, Customer is the Data Controller of Customer Data, and MailChimp shall process Customer Data only as a Data Processor acting on behalf of Customer.
4.2. Customer Processing of Customer Data. Customer agrees that (i) it shall comply with its obligations as a Data Controller under Data Protection Laws in respect of its processing of Customer Data and any processing instructions it issues to MailChimp; and (ii) it has provided notice and obtained (or shall obtain) all consents and rights necessary under Data Protection Laws for MailChimp to process Customer Data and provide the Services pursuant to the Agreement and this DPA.
4.3 MailChimp Processing of Customer Data. MailChimp shall process Customer Data only for the purposes described in this DPA and only in accordance with Customer’s documented lawful instructions. The parties agree that this DPA and the Agreement set out the Customer’s complete and final instructions to MailChimp in relation to the processing of Customer Data and processing outside the scope of these instructions (if any) shall require prior written agreement between Customer and MailChimp.
4.4 Details of Data Processing
(a) Subject matter: The subject matter of the data processing under this DPA is the Customer Data.
(b) Duration: As between MailChimp and Customer, the duration of the data processing under this DPA is until the termination of the Agreement in accordance with its terms.
(c) Purpose: The purpose of the data processing under this DPA is the provision of the Services to the Customer and the performance of MailChimp’s obligations under the Agreement (including this DPA) or as otherwise agreed by the parties.
(d) Nature of the processing: MailChimp provides an email service, automation and marketing platform and other related services, as described in the Agreement.
(e) Categories of data subjects: Any individual accessing and/or using the Services through the Customer’s account (“Users“); and any individual: (i) whose email address is included in the Customer’s Distribution List; (ii) whose information is stored on or collected via the Services, or (iii) to whom Users send emails or otherwise engage or communicate with via the Services (collectively, “Subscribers“).
(f) Types of Customer Data:
- (i) Customer and Users: identification and contact data (name, address, title, contact details, username); financial information (credit card details, account details, payment information); employment details (employer, job title, geographic location, area of responsibility);
- (ii) Subscribers: identification and contact data (name, date of birth, gender, general, occupation or other demographic information, address, title, contact details, including email address), personal interests or preferences (including purchase history, marketing preferences and publically available social media profile information); IT information (IP addresses, usage data, cookies data, online navigation data, location data, browser data); financial information (credit card details, account details, payment information).
5.1 Authorized Sub-processors. Customer agrees that MailChimp may engage Sub-processors to process Customer Data on Customer’s behalf. The Sub-processors currently engaged by MailChimp and authorized by Customer are listed in Annex A.
5.2 Sub-processor Obligations. MailChimp shall: (i) enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect the Customer Data to the standard required by Data Protection Laws; and (ii) remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Sub-processor that cause MailChimp to breach any of its obligations under this DPA.
6.1 Security Measures. MailChimp shall implement and maintain appropriate technical and organizational security measures to protect Customer Data from Security Incidents and to preserve the security and confidentiality of the Customer Data, in accordance with MailChimp’s security standards described in Annex B (“Security Measures“).
6.2 Updates to Security Measures. Customer is responsible for reviewing the information made available by MailChimp relating to data security and making an independent determination as to whether the Services meet Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and development and that MailChimp may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services purchased by the Customer.
6.3 Customer Responsibilities. Notwithstanding the above, Customer agrees that except as provided by this DPA, Customer is responsible for its secure use of the Services, including securing its account authentication credentials, protecting the security of Customer Data when in transit to and from the Services and taking any appropriate steps to securely encrypt or backup any Customer Data uploaded to the Services.
7. Security Reports and Audits
7.1 Customer acknowledges that MailChimp is regularly audited against SSAE 16 and PCI standards by independent third party auditors and internal auditors, respectively. Upon request, MailChimp shall supply (on a confidential basis) a summary copy of its audit report(s) (“Report“) to Customer, so that Customer can verify MailChimp’s compliance with the audit standards against which it has been assessed, and this DPA.
7.2 MailChimp shall also provide written responses (on a confidential basis) to all reasonable requests for information made by Customer, including responses to information security and audit questionnaires that are necessary to confirm MailChimp’s compliance with this DPA, provided that Customer shall not exercise this right more than once per year.
8. International Transfers
8.1 Data center locations. MailChimp may transfer and process Customer Data anywhere in the world where MailChimp, its Affiliates or its Sub-processors maintain data processing operations. MailChimp shall at all times provide an adequate level of protection for the Customer Data processed, in accordance with the requirements of Data Protection Laws.
8.2 Privacy Shield. To the extent that MailChimp processes any Customer Data protected by EU Data Protection Law under the Agreement and/or that originates from the EEA, in a country that has not been designated by the European Commission or Swiss Federal Data Protection Authority (as applicable) as providing an adequate level of protection for Personal Data, the parties acknowledge that MailChimp shall be deemed to provide adequate protection (within the meaning of EU Data Protection Law) for any such Customer Data by virtue of having self-certified its compliance with Privacy Shield. MailChimp agrees to protect such Personal Data in accordance with the requirements of the Privacy Shield Principles. If MailChimp is unable to comply with this requirement, MailChimp shall inform Customer.
8.3 Alternative Transfer Mechanism. The parties agree that the data export solution identified in Section 8.2 shall not apply if and to the extent that MailChimp adopts an alternative data export solution for the lawful transfer of Personal Data (as recognized under EU Data Protection Laws) outside of the EEA (“Alternative Transfer Mechanism”), in which event, the Alternative Transfer Mechanism shall apply instead (but only to the extent such Alternative Transfer Mechanism extends to the territories to which Personal Data is transferred).
Part B: GDPR Obligations from 25 May 2018
9. Additional Security
9.1 Confidentiality of processing. MailChimp shall ensure that any person who is authorized by MailChimp to process Customer Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).
9.2 Security Incident Response. Upon becoming aware of a Security Incident, MailChimp shall notify Customer without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer.
10. Changes to Sub-processors
10.1 MailChimp shall (i) provide an up-to-date list of the Sub-processors it has appointed upon written request from Customer; and (ii) notify Customer (for which email shall suffice) if it adds or removes Sub-processors at least 10 days prior to any such changes.
10.2 Customer may object in writing to MailChimp’s appointment of a new Sub-processor within five (5) calendar days of such notice, provided that such objection is based on reasonable grounds relating to data protection. In such event, the parties shall discuss such concerns in good faith with a view to achieving resolution. If this is not possible, Customer may suspend or terminate the Agreement (without prejudice to any fees incurred by Customer prior to suspension or termination).
11. Return or Deletion of Data
11.1 Upon termination or expiration of the Agreement, MailChimp shall (at Customer’s election) delete or return to Customer all Customer Data (including copies) in its possession or control, save that this requirement shall not apply to the extent MailChimp is required by applicable law to retain some or all of the Customer Data, or to Customer Data it has archived on back-up systems, which Customer Data MailChimp shall securely isolate and protect from any further processing, except to the extent required by applicable law.
12.1 The Services provide Customer with a number of controls that Customer may use to retrieve, correct, delete or restrict Customer Data, which Customer may use to assist it in connection with its obligations under the GDPR, including its obligations relating to responding to requests from data subjects or applicable data protection authorities. To the extent that Customer is unable to independently access the relevant Customer Data within the Services, MailChimp shall (at Customer’s expense) provide reasonable cooperation to assist Customer to respond to any requests from individuals or applicable data protection authorities relating to the processing of Personal Data under the Agreement. In the event that any such request is made directly to MailChimp, MailChimp shall not respond to such communication directly without Customer’s prior authorization, unless legally compelled to do so. If MailChimp is required to respond to such a request, MailChimp shall promptly notify Customer and provide it with a copy of the request unless legally prohibited from doing so.
12.2 If a law enforcement agency sends MailChimp a demand for Customer Data (for example, through a subpoena or court order), MailChimp shall attempt to redirect the law enforcement agency to request that data directly from Customer. As part of this effort, MailChimp may provide Customer’s basic contact information to the law enforcement agency. If compelled to disclose Customer Data to a law enforcement agency, then MailChimp shall give Customer reasonable notice of the demand to allow Customer to seek a protective order or other appropriate remedy unless MailChimp is legally prohibited from doing so.
12.3 To the extent MailChimp is required under EU Data Protection Law, MailChimp shall (at Customer’s expense) provide reasonably requested information regarding the Services to enable the Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by law.
IN WITNESS WHEREOF, the parties have caused this DPA to be executed by their authorized representative:
The Rocket Science Group LLC d/b/a MailChimp
Name: Daniel Kurzius
Date: Nov 14, 2018
Name: Maria Gaiardoni
Date: Nov 14, 2018
Annex A – List of MailChimp Sub-processors
MailChimp uses its Affiliates and a range of third party Sub-processors to assist it in providing the Services (as described in the Agreement). These Sub-processors set out below provide cloud hosting and storage services; content delivery and review services; assist in providing customer support; as well as incident tracking, response, diagnosis and resolution services.
Entity Name Corporate Location
Akamai Massachusetts, USA
Amazon Washington, USA
E-Hawk New York, USA
El Camino California, USA
Google California, USA
Neustar Virginia, USA
R.R. Donnelley Illinois, USA
TaskUs Texas, USA
Zendesk California, USA
Annex B – Security Measures
Annex B – Security Measures
The Security Measures applicable to the Services are described here https://mailchimp.com/about/security/ (as updated from time to time in accordance with Section 6.2 of this DPA).
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