Data Processing Agreement (DPA)

1. Introduction

This Data Processing Agreement (\"Agreement\") is an integral part of the Terms of Service between (\"Customer\") and Ealing.com (\"Processor\"). It outlines the terms under which Ealing.com processes personal data on behalf of the Customer in compliance with applicable data protection laws.

2. Definitions

• Personal Data: Any information relating to an identified or identifiable natural person.
• Processing: Any operation performed on Personal Data, such as collection, storage, use, disclosure, or deletion.
• Data Controller: The entity determining the purposes and means of Processing Personal Data.
• Data Processor: The entity that Processes Personal Data on behalf of the Data Controller.
3. Scope of Processing

Ealing.com will process Personal Data as necessary to provide email services to the Customer, including:

• Account creation and management
• Email transmission and storage
• Customer support

4. Obligations of the Processor

Ealing.com agrees to:
• Process Data: Only on documented instructions from the Customer.
• Confidentiality: Ensure personnel authorised to process Personal Data are committed to privacy.
• Security Measures: Implement appropriate technical and organisational measures to ensure data security.
• Sub-Processing: Not engage another processor without prior authorisation from the Customer.
• Data Subject Rights: Assist the Customer in responding to requests from data subjects exercising their rights.
• Data Breach Notification: Notify the Customer without undue delay upon becoming aware of a Personal Data breach.
• Data Deletion: Delete or return all Personal Data upon termination of services, unless required by Law to retain it.

5. Obligations of the Controller

The Customer agrees to:
• Provide Instructions: Ensure that instructions to Ealing.com comply with applicable data protection laws.
• Legal Basis: Have a lawful basis for processing and sharing Personal Data with Ealing.com.
• Data Accuracy: Ensure the Personal Data provided is accurate and up-to-date.

6. Sub-Processors

Ealing.com may engage sub-processors to assist in providing services. A list of approved sub-processors is available upon request. Ealing.com will inform the Customer of any intended changes concerning the addition or replacement of sub-processors, giving the Customer the opportunity to object.

7. International Data Transfers

Ealing.com will only transfer personal data outside the European Economic Area (EEA) if it ensures appropriate safeguards and compliance with applicable data protection laws.

8. Audit Rights

Upon reasonable notice, Ealing.com will make available to the Customer all information necessary to demonstrate compliance with this Agreement and allow for audits, including inspections, conducted by the Customer or an auditor mandated by the Customer.

9. Duration and Termination

This Agreement is effective for the duration of the services provided by Ealing.com to the Customer. Upon termination, Ealing.com will delete or return all Personal Data, at the Customer\'s choice, unless the Law requires retention.

10. Governing Law

This Agreement is governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

This Data Processing Agreement is effective as of December 3, 2024.