Passed in 2016, the new General Data Protection Regulation (GDPR) is the most significant legislative change in European data protection laws since 1995. The GDPR, effective May 25, 2018, strengthens the security and protection of personal data in the EU and serves as a single piece of legislation for all of the EU.
SeaLogs supports the GDPR and ensures all services comply with its provisions. Not only is the GDPR an important step in protecting the fundamental right of privacy for European citizens, but it also raises the bar for data protection, security and compliance in the industry.
Below is our:
Data Processing Agreement
GDPR Implementation Overview
GDPR Data Processing Agreement
This Customer Data Processing Agreement reflects the requirements of the European Data Protection Regulation (“GDPR”) effective May 25, 2018. SeaLogs’ products and services offered in the European Union are GDPR ready and this DPA provides the necessary documentation of this readiness.
This Data Processing Agreement (“DPA”) is an addendum to the Customer Terms of Service (“Agreement”) between SeaLogs and the Customer. The Customer enters into this DPA on behalf of itself and, to the extent required under Data Protection Laws, in the name and on behalf of its Authorised Affiliates.
The parties agree as follows:
“Affiliate” means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.
“Authorised Affiliate” means any of Customer Affiliate(s) permitted to or otherwise receiving the benefit of the Services pursuant to the Agreement.
“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.
“Controller” means an entity that determines the purposes and means of the processing of Personal Data.
“Customer Data” means any data that SeaLogs and/or its Affiliates processes on behalf of Customer in the course of providing the Services under the Agreement.
“Data Protection Laws” means all data protection and privacy laws and regulations applicable to the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.
“EU Data Protection Law” means 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”).
“Personal Data” means any Customer Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under applicable Data Protection Law.
“Processor” means an entity that processes Personal Data on behalf of the Controller.
“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 Personal Data.
“Services” means any product or service provided by SeaLogs to Customer pursuant to the Agreement.
“Sub-processor” means any Processor engaged by SeaLogs 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 any SeaLogs Affiliate.
2. Scope and Applicability of this DPA
2.1 This DPA applies where and only to the extent that SeaLogs processes Personal Data on behalf of the Customer in the course of providing the Services and such Personal Data is subject to Data Protection Laws of the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom. The parties agree to comply with the terms and conditions in this DPA in connection with such Personal Data.
2.2 Role of the Parties. As between SeaLogs and Customer, Customer is the Controller of Personal Data and SeaLogs shall process Personal Data only as a Processor on behalf of Customer. Nothing in the Agreement or this DPA shall prevent SeaLogs from using or sharing any data that SeaLogs would otherwise collect and process independently of Customer’s use of the Services.
2.3 Customer Obligations. Customer agrees that (i) it shall comply with its obligations as a controller under Data Protection Laws in respect of its processing of Personal Data and any processing instructions it issues to SeaLogs; and (ii) it has provided notice and obtained (or shall obtain) all consents and rights necessary under Data Protection Laws for SeaLogs to process Personal Data and provide the Services pursuant to the Agreement and this DPA.
2.4 SeaLogs Processing of Personal Data. As a Processor, SeaLogs shall process Personal Data only for the following purposes: (i) processing to perform the Services in accordance with the Agreement; (ii) processing to perform any steps necessary for the performance of the Agreement; and (iii) to comply with other reasonable instructions provided by Customer to the extent they are consistent with the terms of this Agreement 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 SeaLogs in relation to the processing of Personal Data and processing outside the scope of these instructions (if any) shall require prior written agreement between Customer and SeaLogs.
2.5 Nature of the Data. SeaLogs handles Customer Data provided by Customer. Such Customer Data may contain special categories of data depending on how the Services are used by Customer. The Customer Data may be subject to the following process activities: (i) storage and other processing necessary to provide, maintain and improve the Services provided to Customer; (ii) to provide customer and technical support to Customer; and (iii) disclosures as required by law or otherwise set forth in the Agreement.
2.6 SeaLogs Data. Notwithstanding anything to the contrary in the Agreement (including this DPA), Customer acknowledges that SeaLogs shall have a right to use and disclose data relating to and/or obtained in connection with the operation, support and/or use of the Services for its legitimate business purposes, such as billing, account management, technical support, product development and sales and marketing. To the extent any such data is considered personal data under Data Protection Laws, SeaLogs is the Controller of such data and accordingly shall process such data in compliance with Data Protection Laws.
3.1 Authorized Sub-processors. Customer agrees that SeaLogs may engage Sub-processors to process Personal Data on Customer’s behalf. The Sub-processors currently engaged by SeaLogs and authorized by Customer are listed in Annex A.
3.2 Sub-processor Obligations. SeaLogs shall: (i) enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect the Personal 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 SeaLogs to breach any of its obligations under this DPA.
3.3 Changes to Sub-processors. SeaLogs shall provide Customer reasonable advance notice (for which email shall suffice) if it adds or removes Sub-processors.
3.4 Objection to Sub-processors. Customer may object in writing to SeaLogs’s appointment of a new Sub-processor on reasonable grounds relating to data protection by notifying SeaLogs promptly in writing within five (5) calendar days of receipt of SeaLogs’s notice in accordance with Section 3.3. Such notice shall explain the reasonable grounds for the objection. In such event, the parties shall discuss such concerns in good faith with a view to achieving commercially reasonable resolution. If this is not possible, either party may terminate the applicable Services that cannot be provided by SeaLogs without the use of the objected-to-new Sub-processor.
4.1 Security Measures. SeaLogs shall implement and maintain appropriate technical and organizational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data.
4.2 Confidentiality of Processing. SeaLogs shall ensure that any person who is authorized by SeaLogs to process Personal Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).
4.3 Security Incident Response. Upon becoming aware of a Security Incident, SeaLogs 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.
4.4 Updates to Security Measures. Customer acknowledges that the Security Measures are subject to technical progress and development and that SeaLogs 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.
5. Security Reports and Audits
5.1 SeaLogs shall maintain records of its security standards. Upon Customer’s written request, SeaLogs shall provide written responses (on a confidential basis) to all reasonable requests for information made by Customer, including responses to information security, that Customer (acting reasonably) considers necessary to confirm SeaLogs’s compliance with this DPA, provided that Customer shall not exercise this right more than once per year.
6. International Transfers
6.1 Processing Locations. Although SeaLogs Head Office is in New Zealand, our hosting company DigitalOcean has data centres in the EU, which stores and processes EU Data inside the European Union.
7. Return or Deletion of Data
7.1 Upon deactivation of the Services, all Personal Data shall be deleted, save that this requirement shall not apply to the extent SeaLogs is required by applicable law to retain some or all of the Personal Data, or to Personal Data it has archived on back-up systems, which such Personal Data SeaLogs shall securely isolate and protect from any further processing, except to the extent required by applicable law.
8.1 To the extent that Customer is unable to independently access the relevant Personal Data within the Services, SeaLogs shall (at Customer’s expense) taking into account the nature of the processing, provide reasonable cooperation to assist Customer by appropriate technical and organizational measures, in so far as is possible, 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 SeaLogs, SeaLogs shall not respond to such communication directly without Customer’s prior authorization, unless legally compelled to do so. If SeaLogs is required to respond to such a request, SeaLogs shall promptly notify Customer and provide it with a copy of the request unless legally prohibited from doing so.
8.2 To the extent SeaLogs is required under Data Protection Law, SeaLogs shall (at Customer’s expense) provide reasonably requested information regarding SeaLogs’s processing of Personal Data under the Agreement to enable the Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by law.
9.1 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.
9.2 This DPA is a part of and incorporated into the Agreement so references to “Agreement” in the Agreement shall include this DPA.
9.3 In no event shall any party limit its liability with respect to any individual’s data protection rights under this DPA or otherwise.
9.4 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by Data Protection Laws.
GDPR Implementation Overview
1. DigitalOcean’s Role Under GDPR
SeaLogs uses DigitalOcean as cloud our computing vendor that offers an Infrastructure as a Service (IaaS) platform. The DigitalOcean cloud computing platform is entirely run on their own servers from their own datacenters. DigitalOcean acts as both a data processor and a data controller under the GDPR.
DigitalOcean as a data processor: “When customers use our products and services to process EU personal data, we act as a data processor. For example, we will be a processor of EU personal data and information that gets uploaded into a Droplet. This means we will, in addition to complying with our customers' instructions, need to comply with the new legal obligations that apply directly to processors under the GDPR.”
DigitalOcean as a data controller: “We act as a data controller for the EU customer information we collect to provide our products and services and to provide timely customer support. This customer information includes things such as customer name and contact information.”
2. Monitoring and Reporting
SeaLogs monitors all requests made to its application servers in real-time and logs each request. As such, the access and subsequent data movement or change for each server request are able to be audited with a high degree of accuracy.
In the event that unauthorised access is made that exposes guest data, SeaLogs will notify all affected parties within 72 hours of the breach detection. This notification will include the scope of the breach, and the status of all services.
3. Individuals right of access and removal
In the event that SeaLogs has a Customer who requests either access or deletion of their data under this legislation, this can be simply achieved in the following way:
Provide details that will enable identification of the Customer:
We will need the Company name identity field that can be obtained from the Company name on the Dashboard (utilise the search function to find the guest by name and find the contents of the ID field)
We will permanently remove their data from our servers and send confirming details, or retrieve all data stored relating to the individual and transfer it to the Customer as the Data Controller.
4. Controller Responsibilities.
Consent to gather and store personal data.
The way that that consent to gather and store data is achieved is largely up to each individual Customer and will vary depending on the nature of information being gathered. In general terms, the Customer as the Data Controller must advise SeaLogs clearly how they want this achieved within the constraints of the platform.
Our recommendation is to add explicit terms and conditions that address the requirements of the GDPR, that are acknowledged by each Customer.
It may be necessary to add a separate terms page to an individual commercial agreement that addresses this alone to avoid any issues of ambiguity.
It is possible to conditionally show these terms only to Customers who identify that they are from Europe (provided that the guests home country is an input in the application).
5. Are Customers required to sign a SeaLogs DPA?
In order to use our products and services, you need to accept our DPA, which we have provided information above. By agreeing to our terms of service during the registration process, you are automatically accepting our DPA and do not need to sign a separate document.
For more information or questions, please don’t hesitate to contact us at:
[email protected] and please put ‘GDPR’ in the Subject Line.
Last reviewed in February 2021.