Template
Data processing agreement
The template we sign with stations for the personal data we process on their behalf: mostly debug logs and looking in during support. It follows article 28 of the GDPR. Ask for a copy to sign at to be completed.
Draft: this template has not had a legal review yet.
Parties
- Controller: , established at , Chamber of Commerce , hereinafter "the Customer";
- Processor: to be completed, trading as Cadence Broadcast, at to be completed, to be completed to be completed, the Netherlands, Chamber of Commerce to be completed, hereinafter "Cadence Broadcast".
This agreement belongs to the license agreement between the parties (the "Main Agreement") and the general terms of Cadence Broadcast.
1. Subject and purpose
Cadence Broadcast processes personal data on the Customer's behalf only to support the Customer in using the Software: examining debug logs the Customer sends, and looking into the Customer's installation when the Customer grants access for it. Annex 1 describes the processing.
2. Instructions
Cadence Broadcast processes the data only on the Customer's documented instructions, including this agreement, unless a legal obligation requires otherwise; it then reports that obligation beforehand where the law allows. If Cadence Broadcast considers an instruction to infringe the GDPR, it says so immediately.
3. Confidentiality
Everyone at Cadence Broadcast with access to the data is bound to confidentiality.
4. Security
Cadence Broadcast takes appropriate technical and organizational measures under GDPR article 32. Annex 2 describes them.
5. Sub-processors
The Customer gives general authorisation for the sub-processors in annex 1. Cadence Broadcast announces a new sub-processor at least one month in advance; within that month the Customer may object on reasonable grounds. Cadence Broadcast imposes the same obligations on sub-processors as in this agreement.
6. Assistance
Cadence Broadcast helps the Customer, as far as reasonable, with requests from data subjects, with a data protection impact assessment, and with contact with the supervisory authority.
7. Personal data breaches
Cadence Broadcast reports a security breach affecting the Customer's data without undue delay, and at the latest within 48 hours of discovering it, with what it knows about its nature, consequences and the measures taken.
8. Transfers
Cadence Broadcast processes the data within the European Economic Area. Transfers outside it happen only with an appropriate safeguard under chapter V of the GDPR.
9. Audits
Cadence Broadcast gives the Customer all information needed to demonstrate compliance. Once a year, after consultation and at its own cost, the Customer may have an audit done by an independent expert bound to confidentiality.
10. Term and end
This agreement runs as long as the Main Agreement. Cadence Broadcast deletes a debug log at the latest three months after the question it was sent for is closed, and all of the Customer's data at the latest when this agreement ends, unless the law requires keeping it.
11. Liability
Liability is governed by the Main Agreement and the general terms.
Annex 1: the processing
- Data subjects
- Staff and volunteers of the Customer with an account in the Software; presenters and others named in logs or playlists.
- Data
- Names and user names, account email addresses, per-user permissions, host names and IP addresses from the Customer's network, titles and metadata from the library and playlists, and whatever else a debug log contains.
- Special categories
- None. The Customer does not send special categories of personal data.
- Operations
- Receiving, viewing, analysing, storing and deleting.
- Retention
- Up to three months after the question is closed.
- Sub-processors
- Only the hosting provider of cadencebroadcast.com (servers in the Netherlands). Debug logs arrive by email at Cadence Broadcast's email provider: to be completed.
Annex 2: security measures
- The Software stores data at the Customer; Cadence Broadcast has no access to it unless the Customer grants it.
- MCP support access is off by default, has a read-only level, and cannot start or stop audio.
- Debug logs are kept only on encrypted Cadence Broadcast devices and not shared beyond whoever handles the question.
- Access to Cadence Broadcast systems uses personal accounts with strong passwords or keys.
- Traffic with cadencebroadcast.com is encrypted with HTTPS.
Signatures
Name, position, date
Name, position, date