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Data Processing Policy



This GDPR Data Processing Addendum (“DPA”) forms part of the Master Services Agreement or Terms of Use available at Sunlight’s Terms & conditions or such other location as the Terms of Use may be posted from time to time (as applicable, the “Agreement”), entered into by and between the Client. Pursuant to which the Client has accessed Sunlight’s Services as defined in the applicable Agreement. The purpose of this DPA is to reflect the parties’ agreement with regard to the processing of personal data in accordance with the requirements of Data Protection Legislation as defined below.

If the Client entity entering into this DPA has executed an order form or statement of work with us pursuant to the Agreement (an “Ordering Document”), but is not itself a party to the Agreement, this DPA is an addendum to that Ordering Document and applicable renewal Ordering Documents. If the Client entity entering into this DPA is neither a party to an Ordering Document nor the Agreement, this DPA is not valid and is not legally binding. Such entity should request that the Client entity that is a party to the Agreement executes this DPA.

This DPA shall not replace or supersede any agreement or addendum relating to processing of personal data negotiated by Client and referenced in the Agreement, and any such individually negotiated agreement or addendum shall apply instead of this DPA.

In the course of providing the Services to the Client pursuant to the Agreement, Sunlight may process personal data on behalf of the Client. Sunlight agrees to comply with the following provisions with respect to any personal data submitted by or for the Client to the Services or collected and processed by or for the Client through the Services. Any capitalized but undefined terms herein shall have the meaning set forth in the Agreement.


Data Processing Terms

In this DPA, “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC (as amended by Directive 2009/136/EC) and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them (including the General Data Protection Regulation (Regulation (EU) 2016/279)), and all other applicable laws relating to processing of personal data and privacy that may exist in any relevant jurisdiction.

“data controller”, “data processor”, “data subject”, “personal data”, “processing”, and “appropriate technical and organisational measures” shall be interpreted in accordance with applicable Data Protection Legislation;

The parties agree that the Client is the data controller and that Sunlight is its data processor in relation to personal data that is processed in the course of providing the Services. The Client shall comply at all times with Data Protection Legislation in respect of all personal data it provided to Sunlight pursuant to the Agreement.

The subject-matter of the data processing covered by this DPA is the Services ordered by the Client either through Sunlight’s website or through an Ordering Document and provided by Sunlight to Client via, or as additionally described in the Agreement or the DPA. The processing will be carried out until the term of Client’s ordering of the Services ceases. Further details of the data processing are set out in Annex 1 hereto.

In respect of personal data processed in the course of providing the Services, Sunlight:

  1. shall process the personal data only in accordance with the documented instructions from the Client (as set out in this DPA or the Agreement or as otherwise notified by the Client to Sunlight (from time to time) If Sunlight is required to process the personal data for any other purpose provided by applicable law to which it is subject, Sunlight will inform the Client of such requirement prior to the processing unless that law prohibits this on important grounds of public interest;
  2. shall notify the Client without undue delay if, in Sunlight’s opinion, an instruction for the processing of personal data given by Client infringes applicable Data Protection Legislation;
  3. shall implement and maintain appropriate technical and organisational measures designed to protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorised or unlawful processing, accidental loss, destruction, damage or theft of the personal data and having regard to the nature of the personal data which is to be protected;
  4. may hire other companies to provide limited services on its behalf, provided that Sunlight complies with the provisions of this Clause. Any such subcontractors will be permitted to process personal data only to deliver the services Sunlight has retained them to provide, and they shall be prohibited from using personal data for any other purpose. Sunlight remains responsible for its subcontractors’ compliance with the obligations of this DPA. Any subcontractors to whom Sunlight transfers personal data will have entered into written agreements with Sunlight requiring that the subcontractor abide by terms substantially similar to this DPA;
  5. shall ensure that all Sunlight personnel required to access the personal data are informed of the confidential nature of the personal data and comply with the obligations sets out in this Clause;
  6. at the Client’s request and cost (and insofar as is possible), shall assist the Client by implementing appropriate and reasonable technical and organisational measures to assist with the Client’s obligation to respond to requests from data subjects under Data Protection Legislation (including requests for information relating to the processing, and requests relating to access, rectification, erasure or portability of the personal data) provided that Sunlight reserves the right to reimbursement from Client for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance;
  7. when the General Data Protection Regulation (Regulation (EU) 2016/279) comes into effect, shall take reasonable steps at the Client’s request and cost to assist Client in meeting the Client’s obligations under Article 32 to 36 of that regulation taking into account the nature of the processing under this DPA, provided that Sunlight reserves the right to reimbursement from Client for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance;
  8. at the end of the applicable term of the Services, upon the Client’s request, shall securely destroy or return such personal data to Client;
  9. may transfer personal data from the EEA to the US for the purposes of this DPA provided that the international organisation ensures an adequate level of protection and that enforceable data subject rights and effective legal remedies are available in the given country;
  10. shall allow the Client and its respective auditors or authorized agents to conduct audits or inspections during the term of the Agreement, which shall include providing reasonable access to the premises, resources and personnel used by Sunlight in connection with the provision of the Services, and provide all reasonable assistance in order to assist the Client in exercising its audit rights under this Clause. The purposes of an audit pursuant to this Clause include to verify that Sunlight is processing personal data in accordance with its obligations under the DPA and applicable Data Protection Legislation. Notwithstanding the foregoing, such audit shall consist solely of: (i) the provision by Sunlight of written information (including, without limitation, questionnaires and information about security policies) that may include information relating to subcontractors; and (ii) interviews with Sunlight’s IT personnel.  Such audit may be carried out by the Client or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality. For the avoidance of doubt no access to any part of Sunlight’s IT system, data hosting sites or centers, or infrastructure will be permitted;
  11. If Sunlight becomes aware of any accidental, unauthorised or unlawful destruction, loss, alteration, or disclosure of, or access to the personal data that is processed by Sunlight in the course of providing the Services (an “Incident”) under the Agreement it shall without undue delay notify the Client and provide the Client (as soon as possible) with a description of the Incident as well as periodic updates to information about the Incident, including its impact on Client Content. Sunlight shall additionally take action to investigate the Incident and reasonably prevent or mitigate the effects of the Incident;
  12. Sunlight shall provide information requested by the Client to demonstrate compliance with the obligations set out in this DPA.

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Sunlight Technologies Limited is a limited company registered in England and Wales (No. 10275463)