For an executable copy of this DPA, please visit this page.
Effective as of 25th May 2018 and last updated on 29th July 2023
This Data Processing Agreement ("DPA") amends and supplements RenderKu's Terms of Service ("ToS") and requires no further action on your part. If you do not agree to this DPA, you should discontinue the use of the RenderKu service and cancel your account.
This DPA applies where and only to the extent that RenderKu 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.
As between RenderKu and Customers, Customers are the Data Controller of Personal Data, and RenderKu shall process Personal Data only as a Data Processor acting on behalf of Customer.
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 RenderKu; and (ii) it has provided notice and obtained (or shall obtain) all consents and rights necessary under Data Protection Laws for RenderKu to process Personal Data and provide the Services pursuant to the Agreement and this DPA.
As a Processor, RenderKu 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 RenderKu 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 RenderKu.
Customers should ensure that their instructions comply with all laws, regulations and rules applicable in relation to controlled data. Moreover, customers should ensure that their controlled data is collected lawfully. RenderKu will not access or use customer's data except as necessary to maintain or provide the services or as necessary to comply with the law or binding order of a governmental, law enforcement or regulatory body.
The subject matter of the data processing under this DPA is Personal Data provided by Customer.
As between RenderKu and Customer, the duration of the data processing under this DPA is until the termination of the Agreement in accordance with its terms.
The purpose of the data processing under this DPA is the provision of the Services to the Customer and RenderKu's obligations under the Agreement (including this DPA) or as otherwise agreed by the parties.
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 Customers send emails or otherwise engage or communicate with via the Services (collectively, "Subscribers").
RenderKu handles Personal Data provided by Customer. Such Personal Data may contain special categories of data depending on how the Services are used by Customer. The Personal 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.
Notwithstanding anything to the contrary in the Agreement (including this DPA), Customer acknowledges that RenderKu 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, RenderKu is the Controller of such data and accordingly shall process such data in compliance with Data Protection Laws.
Customer agrees that RenderKu may engage Sub-Processors to process Personal Data on customer's behalf. The list of Sub-Processors currently engaged by RenderKu is available on request.
RenderKu shall: (i) enter into a written agreement with the Sub-Processor imposing data protection terms that require the 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 Processor that cause RenderKu to breach any of its obligations under this DPA.
RenderKu 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.
RenderKu shall ensure that any person who is authorized by RenderKu to process Personal Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).
Upon becoming aware of a Security Incident, RenderKu 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.
RenderKu 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.
RenderKu shall ensure that any person who is authorized by RenderKu to process Personal Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).
Upon becoming aware of a Security Incident, RenderKu 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.
RenderKu stores and hosts all our servers in data centers located inside the European Union (EU). Personal Data may be transferred and processed in the United States and anywhere in the world where Customer, its Affiliates and/or its Sub-processors maintain data processing operations. RenderKu shall implement appropriate safeguards to protect the Personal Data, wherever it is processed, in accordance with the requirements of Data Protection Laws.
Notwithstanding Section 5.1, to the extent RenderKu processes or transfers (directly or via onward transfer) Personal Data under this DPA from the European Union, the European Economic Area and/or their member states and Switzerland ("EU Data") in or to countries which do not ensure an adequate level of data protection within the meaning of applicable Data Protection Laws of the foregoing territories, the parties agree that RenderKu shall be deemed to provide appropriate safeguards for such data. Customer hereby authorizes any transfer of EU Data to, or access to EU Data from, such destinations outside the EU subject to any of these measures having been taken.
Upon termination of the Services, all Personal Data shall be deleted, save that this requirement shall not apply to the extent RenderKu 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 RenderKu shall securely isolate and protect from any further processing, except to the extent required by applicable law.
To the extent that Customer is unable to independently access the relevant Personal Data within the Services, RenderKu 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 RenderKu, RenderKu shall not respond to such communication directly without Customer's prior authorization, unless legally compelled to do so. If RenderKu is required to respond to such a request, RenderKu shall promptly notify Customer and provide it with a copy of the request unless legally prohibited from doing so.
To the extent RenderKu is required under Data Protection Law, RenderKu shall (at Customer's expense) provide reasonably requested information regarding RenderKu'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.