This Data Processing Agreement (“DPA”) is entered into between you as the customer (“controller”) and Elido AB, company reg. no. 559553-0873, Lindliden 7, 286 36 Örkelljunga, Sweden (“processor” or “Elido”), and applies to the processing performed when you use ProofOS. The DPA applies together with the ProofOS Terms and Privacy Policy. In case of conflict, this DPA prevails on matters concerning processing of personal data.
“Applicable Data Protection Law” means the GDPR and Swedish laws supplementing the GDPR. “Personal data”, “processing”, “data subject”, “controller”, “processor” and “sub-processor” have the meaning given in the GDPR. “Customer Content” means personal data you enter into or generate using ProofOS.
For the processing of Customer Content, you act as controller and Elido acts as processor. Elido processes personal data only on your behalf and in accordance with this DPA. For its own processing as controller (e.g. account and payment administration), Elido’s Privacy Policy applies.
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Subject matter, duration, nature and purpose
The subject matter is the processing of personal data necessary to deliver ProofOS under the Terms. The duration runs from when you start using ProofOS until the account is closed or data is otherwise deleted under section 12. The nature and purpose is to enable you to prioritize the next move, find and verify companies, prepare outreach and record outcomes in ProofOS.
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Categories of data subjects and personal data
Data subjects may include you as a user, individuals in your organisation and individuals in professional roles at companies you choose to work with in ProofOS. Personal data may include identity data (name, work email, work phone, role), content you create (goals, working material, CRM notes, prepared outreach, outcomes) and technical information relating to your use of the service.
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Documented instructions
Elido processes personal data only in accordance with your documented instructions. The Terms, Privacy Policy, this DPA and the choices you make in ProofOS constitute your documented instructions. Elido will inform you if Elido considers an instruction to breach Applicable Data Protection Law.
Elido ensures that persons authorized to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality, and that access to personal data is limited to those who need it to perform their duties.
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Security (GDPR article 32)
Elido implements appropriate technical and organisational measures to ensure a level of security appropriate to the risk. Measures include access control, traffic encryption, logging, access routines and regular review.
You grant Elido a general prior authorisation to engage sub-processors to deliver ProofOS. Current information about ProofOS sub-processors is provided to customers upon request via support@proof-os.com. Elido AB will inform customers of planned changes to sub-processors in accordance with this agreement — before a new sub-processor is engaged, or an existing one is replaced, Elido will provide at least 14 days’ notice so you may object. Elido imposes on sub-processors written obligations that in substance correspond to this DPA. Elido remains responsible for the sub-processors’ performance as for its own.
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Assistance with data subject rights
Taking into account the nature of the processing, Elido assists you, to a reasonable extent and by appropriate technical and organisational measures, in responding to requests from data subjects to exercise their rights under the GDPR.
If Elido becomes aware of a personal data breach concerning Customer Content, Elido notifies you without undue delay and provides the information you need to fulfil your own notification obligations under the GDPR.
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DPIA and prior consultation
Elido assists you, to a reasonable extent, with data protection impact assessments (DPIAs) and prior consultations with a supervisory authority, where necessary and where Elido has relevant information.
When the provision of ProofOS ends, Elido deletes or anonymises Customer Content within a reasonable time, unless retention is required by law. During the subscription you may delete or export Customer Content using the functions available in ProofOS.
Elido makes available the information that you reasonably need to demonstrate compliance with this DPA, for example through reports, summaries of routines or certificates from independent audits. Where further audits are reasonably necessary, they are carried out on terms the parties reasonably agree.
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International transfers
If personal data is transferred to countries outside the EU/EEA, Elido ensures that such transfers only occur with the safeguards required under Applicable Data Protection Law. Information about current sub-processors and relevant transfers is provided to customers upon request via support@proof-os.com.
Liability between the parties under this DPA is subject to the limitations set out in the ProofOS Terms. This does not affect the rights of data subjects under mandatory law.
This DPA applies for as long as Elido processes personal data on your behalf under ProofOS. On termination, section 12 applies.
This DPA is governed by Swedish law. Disputes are resolved as set out in the ProofOS Terms.