This Data Processing Agreement governs the sale or licensing of an application that allows the Client to conduct surveys among their customers (generally consumers) to collect feedback about their products and services (referred to as the Application).
In this agreement, Smilejet is designated as the Processor, responsible for processing the Customer's personal data provided by the Client. The Client is considered the Controller, as per the GDPR.
Smilejet processes personal data from the Client responsibly and in compliance with the GDPR and other relevant data protection regulations. All processing is carried out based on the Client's instructions.
Smilejet promptly reports any security breaches or data leaks, ensuring that the Client is informed and provided with necessary information for reporting to the Supervisory Authority. Smilejet maintains comprehensive security measures to protect the processed personal data from loss or unauthorized use.
Smilejet ensures that the Client can meet its GDPR obligations, including customer rights. Smilejet adheres to all relevant data protection laws while following the Client's reasonable instructions.
All individuals associated with Smilejet are bound by confidentiality regarding personal data unless required by law or for task performance. Confidentiality obligations continue even after the termination of this Agreement.
Additional provisions include not processing personal data outside the European Union without the Client's explicit written consent, changes to the agreement in writing, liability for non-compliance, applicable Dutch law, and dispute resolution in Den Bosch.