DATA PROCESSING ADDENDUM
(Rev. April, 4 2018)
This Data Processing Addendum (“DPA”) forms part of the Evenium Terms and Conditions of Use and Sale (available at: https://evenium.net/evenium-net/tos) or other written or electronic agreement between Evenium SA (“Evenium”) and Customer for the purchase of Evenium services (including associated Evenium offline or mobile components) from Evenium (identified either as “Services” or otherwise in the applicable agreement, and hereinafter defined as “Services”) (the “Agreement”) to reflect the parties’ agreement with regard to the Processing of Personal Data.
By signing the Agreement, Customer enters into this DPA on behalf of itself and, to the extent required under applicable Data Protection Laws and Regulations, in the name and on behalf of its Authorized Affiliates, if and to the extent Evenium processes Personal Data for which such Authorized Affiliates qualify as the Controller. For the purposes of this DPA only, and except where indicated otherwise, the term "Customer" shall include Customer and Authorized Affiliates. All capitalised terms not defined herein shall have the meaning set forth in the Agreement.
In the course of providing the Services to Customer pursuant to the Agreement, Evenium may Process Personal Data on behalf of Customer and the Parties agree to comply with the following provisions with respect to any Personal Data, each acting reasonably and in good faith.
HOW THIS DPA APPLIES
If the Customer entity signing this DPA is a party to the Agreement, this DPA is an addendum to and forms part of the Agreement. In such case, the Evenium entity that is party to the Agreement is party to this DPA.
If the Customer entity signing this DPA has executed an Order Form with Evenium or its Affiliate pursuant to the Agreement, but is not itself a party to the Agreement, this DPA is an addendum to that Order Form and applicable renewal Order Forms, and the Evenium entity that is party to such Order Form is party to this DPA.
If the Customer entity signing this DPA is neither a party to an Order Form nor the Agreement, this DPA is not valid and is not legally binding. Such entity should request that the Customer entity that is a party to the Agreement execute this DPA.
This DPA shall not replace any comparable or additional rights relating to Processing of Customer Data contained in Customer’s Agreement (including any existing data processing addendum to the Agreement).
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Authorized Affiliate” means any of Customer's Affiliate(s) which (a) is subject to the data protection laws and regulations of the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom, and (b) is permitted to use the Services pursuant to the Agreement between Customer and Evenium, but has not signed its own Order Form with Evenium and is not a "Customer" as defined under the Agreement.
“Controller” means the entity which determines the purposes and means of the Processing of Personal Data.
“Customer Data” means what is defined in the Agreement as “Customer Data.” or “Your Data.” or “PERSONAL DATA”
“Data Protection Laws and Regulations” means all laws and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, applicable to the Processing of Personal Data under the Agreement.
“Data Subject” means the individual to whom Personal Data relates.
“Evenium” means the Evenium SA entity, based in France, 87 rue saint Lazare 75009 Paris.
“GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
“Personal Data” means any information relating to (i) an identified or identifiable natural person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws and Regulations), where for each (i) or (ii), such data is Customer Data.
“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
“Processor” means the entity which Processes Personal Data on behalf of the Controller.
“Sub-processor” means any Processor engaged by Evenium, or by another Subprocessor.
“Supervisory Authority” means an independent public authority which is established by an EU Member State pursuant to the GDPR.
Roles of the Parties: The parties acknowledge and agree that with regard to the Processing of Personal Data, Customer is the Controller, Evenium is a Processor and that Evenium will engage Sub-processors pursuant to clause 5 “Sub-processors” below.
Customer’s Processing of Personal Data: Customer shall, in its use of the Services, Process Personal Data in accordance with the requirements of Data Protection Laws and Regulations. For the avoidance of doubt, Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations. Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data.
Evenium’s Processing of Personal Data: Evenium shall treat Personal Data as Confidential Information and shall only Process Personal Data on behalf of and in accordance with Customer’s instructions for the following purposes: (i) Processing in accordance with the Agreement and applicable Order Form(s); (ii) Processing initiated by Users in their use of the Services; and (iii) Processing to comply with other reasonable instructions provided by Customer (e.g., via email) where such instructions are consistent with the terms of the Agreement.
Details of the Processing: The subject-matter of Processing of Personal Data by Evenium is the performance of the Services pursuant to the Agreement. The duration of the Processing, the nature and purpose of the Processing, the types of Personal Data and categories of Data Subjects Processed under this DPA are further specified in Appendix 1 (Details of the Processing) to this DPA.
It is the Customer’s responsibility to inform the Data Subjects concerned by the processing
operations at the time data are being collected.
Data Subject Requests: Evenium shall, to the extent legally permitted, promptly notify Customer if Evenium receives a request from a Data Subject to exercise the Data Subject's right of access, right to rectification, restriction of Processing, erasure (“right to be forgotten”), data portability, object to the Processing, or its right not to be subject to an automated individual decision making (“Data Subject Request”).
To exercise these rights, Subjects can send an email to the address: email@example.com. Then the Evenium must forward these requests as soon as they are received by email to the Customer, via the event organizer.
Taking into account the nature of the Processing, Evenium shall assist Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Customer’s obligation to respond to a Data Subject Request under Data Protection Laws and Regulations.
In addition, to the extent Customer, in its use of the Services, does not have the ability to address a Data Subject Request, Evenium shall upon Customer’s request provide commercially reasonable efforts to assist Customer in responding to such Data Subject Request, to the extent Evenium is legally permitted to do so and the response to such Data Subject Request is required under Data Protection Laws and Regulations. To the extent legally permitted, Customer shall be responsible for any costs arising from Evenium’s provision of such assistance.
Confidentiality: Evenium shall ensure that its personnel engaged in the Processing of Personal Data are informed of the confidential nature of the Personal Data, have received appropriate training on their responsibilities and have executed written confidentiality agreements. Evenium shall ensure that such confidentiality obligations survive the termination of the personnel engagement.
Reliability: Evenium shall take commercially reasonable steps to ensure the reliability of any Evenium personnel engaged in the Processing of Personal Data.
Limitation of Access: Evenium shall ensure that Evenium’s access to Personal Data is limited to those personnel who require such access to perform the Agreement.
Data Protection Officer: Evenium has appointed a Data Protection Officer: Stéphane Kloubert, who can be reached at: firstname.lastname@example.org
Appointment of Sub-processors: Customer acknowledges and agrees that (a) Evenium’s Affiliates may be retained as Sub-processors; and (b) Evenium and Evenium’s Affiliates respectively may engage third-party Sub-processors in connection with the provision of the Services. Evenium or an Evenium Affiliate has entered into a written agreement with each Subprocessor containing data protection obligations not less protective than those in this Agreement with respect to the protection of Customer Data to the extent applicable to the nature of the services provided by such Sub-processor.
List of Current Sub-processors and Notification of New Sub-processors: A list of Sub-processors as of April 4, 2018 for the Services is listed in Appendix 3. Upon request, Evenium shall make available to Customer an updated list of Sub-processors for the Services with the identities of those Sub-processors and their country of location (“Updated Sub-processor List”).
Objection Right for New Sub-processors: Customer may object to Evenium’s use of a new Sub-processor by notifying Evenium in writing within ten (10) business days after receipt of an Updated Sub-processor List. In the event Customer objects to a new Sub-processor, as permitted in the preceding sentence, Evenium will use reasonable efforts to make available to Customer a change in the Services or recommend a commercially reasonable change to Customer’s configuration or use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the Customer. If Evenium is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Customer may terminate the applicable Order Form(s) with respect only to those Services which cannot be provided by Evenium without the use of the objected-to new Subprocessor, by providing written notice to Evenium. Evenium will refund to Customer any prepaid fees covering the remainder of the term of such Order Form(s) following the effective date of termination with respect to such terminated Services, without imposing a penalty for such termination on Customer.
Liability: Evenium shall be liable for the acts and omissions of its Sub-processors to the same extent Evenium would be liable if performing the services of each Sub-processor directly under the terms of this DPA, save as otherwise set forth in the Agreement.
Personal Data is stored on our own servers (datacenter based in France, Vitry). Encrypted backups are stored in our premises in Paris, France.
Controls for the Protection of Personal Data: Evenium shall maintain administrative, physical and technical safeguards designed for protection of the security (including protection against unauthorized or unlawful Processing and against accidental or unlawful destruction, loss or alteration or damage, unauthorized disclosure of, or access to, Customer Data), confidentiality and integrity of Customer Data, including Personal Data, in accordance with Appendix 2. Evenium will not materially decrease the overall security of the Services during a subscription term.
Intrusion Report. Upon Customer’s written request no more frequently than once annually, Evenium shall provide to Customer a copy of Evenium’s then most recent intrusion report for the Services. Evenium may require Customer to sign a nondisclosure agreement reasonably acceptable to Evenium before Evenium provides a copy of such report to Customer.
Security breach management and notification: Evenium maintains security incident management policies and procedures and shall notify Customer without undue delay after becoming aware of the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Data, including Personal Data, transmitted, stored or otherwise Processed by Evenium or its Subprocessors of which Evenium becomes aware (a “Customer Data Incident”). Evenium shall make reasonable endeavours to identify the cause of such Customer Data Incident and take those steps as Evenium deems necessary and reasonable in order to remediate the cause of such a Customer Data Incident to the extent the remediation is within Evenium’s reasonable control. The obligations herein shall not apply to incidents that are caused by Customer or Customer’s Users.
Evenium may retain Customer Personal Data to the extent required by Data Protection Laws and Regulations and only to the extent and for such period as required by Data Protection Laws and Regulations and always provided that Evenium shall ensure the confidentiality of all such Customer Personal Data.
Evenium provides Customer with online tools to export or delete the Customer Personal Data:
- At any time, the Customer, with an administrator access, can get a copy of all Customer Personal Data of a specific event by exporting them through existing report exports.
- At any time, the Customer with an administrator access, can delete all the Customer Personal Data of a specific event, using a one click manual purge feature.
All Customer Personal Data contained in backups and log files are automatically deleted 90 days after their creation date. Therefore, all Customer Personal Data deleted by the Customer via our online tool, will still be stored in Evenium backups and logs for 90 days.
Upon Customer’s request, Evenium shall provide Customer with reasonable cooperation and assistance needed to fulfil Customer’s obligation under the GDPR to carry out a data protection impact assessment related to Customer’s use of the Services, to the extent Customer does not otherwise have access to the relevant information, and to the extent such information is available to Evenium. Evenium shall provide reasonable assistance to Customer in the cooperation or prior consultation with the Supervisory Authority in the performance of its tasks, to the extent required under the GDPR.
Upon Customer’s written request, and subject to the confidentiality obligations set forth in the
Agreement, Evenium shall make available to Customer (or Customer’s independent, third-party auditor that is not a competitor of Evenium and that has signed nondisclosure agreement reasonably acceptable to Evenium) information regarding the Evenium ’s compliance with the obligations set forth in this DPA.
Following any notice by Evenium to Customer of an actual or reasonably suspected unauthorized disclosure of Personal Data, upon Customer’s reasonable belief that Evenium is in breach of its obligations in respect of protection of Personal Data under this DPA, or if such audit is required by Customer’s Supervisory Authority, Customer may contact Evenium to request an audit at Evenium’s premises of the procedures relevant to the protection of Personal Data. Any such request shall occur no more than once annually with an advance notice of ten (10) working days, save in the event of an actual or reasonably suspected unauthorised access to Personal Data. Customer shall reimburse Evenium for any time expended for any such on-site audit at the Evenium’s then-current professional services rates, which shall be made available to Customer upon request. Before the commencement of any such on-site audit, Customer and Evenium shall mutually agree upon the scope, timing, and duration of the audit in addition to the reimbursement rate for which Customer shall be responsible. All reimbursement rates shall be reasonable, taking into account the resources expended by Evenium. Customer shall promptly notify Evenium with information regarding any non-compliance discovered during the course of an audit.
The Customer pledges that such an audit respects the integrity of the Evenium's Platform, that they do not interrupt Evenium's services, nor risk in any way, causing irreversible damage to Evenium 's services.
This DPA is without prejudice to the rights and obligations of the parties under the Main Agreement which shall continue to have full force and effect. In the event of any conflict between the terms of this DPA and the terms of the Main Agreement, the terms of this DPA shall prevail so far as the subject matter concerns the processing of Personal Data.
Evenium’s liability under or in connection with this DPA (including Appendix) is subject to the limitations on liability contained in the Main Agreement.
This DPA does not confer any third-party beneficiary rights, it is intended for the benefit of the parties hereto and their respective permitted successors and assigns only, and is not for the benefit of, nor may any provision hereof be enforced by, any other person.
This DPA and any action related thereto shall be governed by and construed in accordance with the laws of France, without giving effect to any conflicts of laws principles.
This DPA is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matter. Other than in respect of statements made fraudulently, no other representations or terms shall apply or form part of this DPA. No modification of, amendment to, or waiver of any rights under the DPA will be effective unless in writing and signed by an authorized signatory of each party. This DPA may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Each person signing below represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this DPA. Each party represents and warrants to the other that the execution and delivery of this DPA, and the performance of such party’s obligations hereunder, have been duly authorized and that this DPA is a valid and legally binding agreement on each such party, enforceable in accordance with its terms.
IN WITNESS WHEREOF, the parties have each caused this DPA to be signed and delivered by its duly authorized representative:
APPENDIX 1: Details of the Data Processing
Nature and Purpose of Processing
Evenium will Process Personal Data as necessary to perform the Services instructed by Customer. The processing purposes may include, but are not limited:
- Send personalized emails to attendees such as invitations, confirmations.
- Pre-populate event registration forms,
- Run event reports related to logistics, compliance, finance, etc...
- Track the presence at the event or at sessions or on a period of time
For Customers using the ConnexMe app:
The processing purpose includes networking and interactive ConnexMe features, and the ability for each participant to centralize and keep track of all past events.
Evenium will never use the Personal Data for any sales contact, or sell the Personal Data to third parties.
Duration of Processing
Evenium will Process Personal Data for the duration of the Agreement, unless otherwise
agreed upon in writing.
Categories of Data Subjects
Customer may submit Personal Data to the Services, the extent of which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of data subjects:
- Customers, business partners, vendors and subcontractors of Customer (who are natural persons),
- Employees or contact persons of Customer’s customers,
- Customer’s Users authorized by Customer to use the Services
Type of Personal Data
Customer may submit Personal Data to the Services, the extent of which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to the following categories of Personal Data:
- First and last name
- Contact information (company, email, phone, physical business address)
- ID data
- Professional life data
- Professional skills information
- Personal life data
- Health and medical information
- Compensation information
- Connection data
- Localisation data
- Registration status to an event or to workshops, sessions, dinners,...
- Hotel booking information (nights, room type)
- Transportation booking (flights, train)
In addition, Evenium stores the IP address of organizers and participants.
As Customer is free to use Evenium Services to collect any type of data, Evenium will not control if the collected data type are unauthorized (religion, sexual orientation,...) and if the collected data is true.
APPENDIX 2: SECURITY
Our detailed security measures and procedures are described in the document Evenium_Security_Annex.pdf. Below are the main ones:
User access via login and password
- Passwords are encrypted with PBKDF2_WITH_SALT algorithm.
- Passwords have a minimum length of eight characters, with at least three character classes among numbers, special characters, upper case, lower case.
- After 10 failed attempts, the user's account is locked for 5 minutes.
HTTPS protocol: all data exchange with our servers are encrypted using https (TLS 1.2)
Session inactivity: user sessions can remain inactive for 30 minutes. Then, authentication is required once again.
Encrypted backups: all backups are encrypted with 2048 bits key.
(by May, 25 2018) Evenium database will be encrypted at rest.
Weekly Qualys Security tests and yearly penetration tests
Data Center physical access: badge controlled access notified in advance, surveillance cameras.
APPENDIX 3: EVENIUM SUB PROCESSORS
Country of Processing
Online SAS (Iliad Group)
Hosting of our own infrastructure. Servers owned by Evenium, ILIAD has no access to our servers.
Amazon Web Services
Processing only for ConnexMe Service. Personal Data is only temporarily stored in volatile memory (RAM).
Last modified: April 4, 2018.