This Data Processing Agreement applies to 你 if you signed up for MessageBird’s 服务 (including through any of its Affiliates) on or after 28 February, 2022 and before 1st of January, 2024. 自2022年4月15日起生效, this Data Processing Agreement will also apply to customers who signed up for MessageBird's Services before 28 February 2022. Our archived Data Processing Agreement is available here.
Data Processing Agreement
This data processing agreement including the appendices (the "DPA") is part of the Agreement between 客户 and the contracting entity listed in 第15节 (Contracting Entity) of the 一般条款和条件, unless otherwise stated on 你的 Order Form. In this DPA, the terms "you", "your", or "Customer" refer to you (subject to Section 1.2 below), and the terms "we", "us," "our" or “MessageBird" refer to us.
1.范围、客户关联公司和期限
1.1 范围. This DPA governs processing of 客户个人数据 by MessageBird as a processor.
1.2 客户联营公司. Customer enters into this DPA on behalf of itself and, 到 extent required under 数据保护立法, in the name and on behalf of its Affiliates (as defined in the 术语s), if and 到 extent you provide such Affiliates with access to the Services and we process Customer 个人资料 for which such Affiliates qualify as the data controller (“客户联营公司”). For the purposes of this DPA only, and except where indicated otherwise, the terms “Customer” and “you” shall include Customer and Affiliates.
1.3 Term. This DPA shall remain in effect so long as MessageBird processes Customer Personal Data subject to this DPA, notwithstanding the expiration or termination of the Agreement.
2.定义
本《协议》中使用但未定义的资本化术语应具有《协议》中赋予它们的含义。本《协议》中使用了以下定义的术语。
2.1 “CCPA” means the California Consumer 隐私 Act of 2018 and any regulations promulgated thereunder, in each case, as amended from time to time.
2.2 “客户数据” means any data and other information or content submitted by you or for you (or by a user of your Customer Application) under the Agreement and processed or stored by the Services.
2.3 “Customer Personal Data” means Personal Data contained in Customer Data. Account data is not Customer Personal Data. Account data is any data provided by or for you to MessageBird in connection with the entering into and administration of the Agreement and of your account, including but not limited to contact information, Customer billing details and correspondence about the entering into and administration of the Agreement.
2.4 “Data Protection Legislation” means all laws and regulations of any jurisdiction applicable to the confidentiality, privacy, security, or processing of Personal Data under the Agreement, including, where applicable, the GDPR, the CCPA and all other laws and regulations relating to privacy, direct marketing or data protection.
2.5 “EEA” means, for the purposes of this DPA, the European Economic Area and Switzerland.
2.6 “欧盟控制者对处理者的标准合同条款” means the “Controller to Processor” (Module 2) modules of the 向第三国转移个人数据的标准合同条款 pursuant to GDPR and the European Commission Implementing Decision (EU) 2021/914 of 4 June 2021.
2.7 “欧盟处理器对子处理器标准合同条款” means the “Processor to Processor” (Module 3) modules of the 向第三国转移个人数据的标准合同条款 pursuant to GDPR and the European Commission Implementing Decision (EU) 2021/914 of 4 June 2021.
2.8 “GDPR” means either (i) the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation); or (ii) solely with respect to the United Kingdom, the Data Protection Act 2018.
2.9 “LGPD” means the Lei Geral de Proteção de Dados of 2018 and any regulations promulgated thereunder, in each case, as amended from time to time.
2.10 “Personal Data” means any information relating to a directly or indirectly identified or identifiable natural person.
2.11 “PDPA” means the Personal Data Protection Act of 2012 and any regulations promulgated thereunder, in each case, as amended from time to time.
2.12 “隐私声明” means the then-current 隐私 Statement for the Services available at https://messagebird.com/en/legal/privacy.
2.13 “个人资料外泄” means any accidental, unauthorized or unlawful destruction, loss, alteration, disclosure of, access to Customer Personal Data.
2.14 “Services” means all products and services provided by us or our Affiliates that are (a) ordered by you under any Order Form; or (b) used by you.
2.15 “标准合同条款” means either (i) the EU Controller-to-Processor Standard Contractual Clauses; or (ii) the EU Processor-to-子处理器 Standard Contractual Clauses, either individually or collectively, as applicable.
2.16 “Subprocessor” means the entity which processes Customer Personal Data on behalf of an entity acting as a data processor or a Subprocessor.
2.17 “英国控制者对处理者的标准合同条款” means the standard contractual clauses for the transfer of Personal Data to processors established in third countries in the form set out by European Commission Decision 2010/87/EU, as may be amended, modified or superseded by the European Commission.
诸如 "处理"、"数据控制者"、"数据处理者"、"数据主体 "等术语应具有GDPR赋予它们的含义。"数据控制者 "的定义包括 "企业"、"控制者 "和 "组织"；"数据处理者 "包括 "服务提供商"、"处理者 "和 "数据中介"；"数据主体 "包括 "消费者 "和 "个人"；以及 "个人数据 "包括 "个人信息"，在每种情况下都如CCPA、LGPD或PDPA所定义。
3.客户个人数据的处理
3.1 目的. We will process Customer Personal Data only to the extent necessary (i) to provide the Services, including transmission of communication, ensuring the security of the services, providing technical and delivery reports, providing support and developing and implementing improvements and updates in accordance with your documented instructions to us as a data processor as specified in Section 3.2 of this DPA, and (ii) for our legitimate business purposes as specified in Section 3.4 of this DPA as a data controller. We do not sell any Personal Data, including Customer Personal Data, and do not share Personal Data with third parties for compensation or for those third parties’ own business interests.
3.2 说明. ǞǞǞ Agreement and this DPA constitute your complete instructions to us as a data processor 在 time of signature of this DPA. We will comply with other reasonably documented instructions provided that those instructions are consistent with the terms of the Agreement.
3.3 处理的细节. Annex I, Part B. (转让的描述) of this DPA further specifies the nature and purpose of the processing, the processing activities, the duration of the processing, the types of Personal Data and categories of data subjects by us as a data processor or Subprocessor.
3.4 合法的商业目的. You acknowledge that we process Customer Personal Data as an independent data controller to the extent necessary for the following legitimate business purposes: billing, account management, financial and internal reporting, combatting and preventing security threats, cyber attacks, and cybercrime that may affect us or our services, business modeling (e.g. forecasting, capacity and revenue planning, product strategy), fraud, spam, and abuse prevention and detection, product improvement, and to comply with our legal obligations.
4.客户的义务
4.1 合法性. Where you act as a data controller of Customer Personal Data, you guarantee that all processing activities are lawful, have a specific purpose, and any required notices and consents or other appropriate legal basis are in place to enable lawful transfer of the Customer Personal Data. If you are a data processor (in which case we will act as a Subprocessor), you will ensure that the relevant data controller guarantees that the conditions listed in this Section 4.1 are met.
4.2 遵守规定。 You are solely responsible for (a) ensuring that you comply with the Data Protection Legislation applicable to your use of the Services and to your own processing of Customer Personal Data, (b) making an independent assessment whether the technical and organizational measures of the Services meet your requirements, and (c) implementing and maintaining privacy and security measures for components that you provide or control (including but not limited to passwords, devices used with the Services and Customer Applications).
5.安全问题
5.1 安全措施. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we shall implement and maintain appropriate technical and organizational security measures to protect Customer Personal Data from Personal Data Breaches and to preserve the security, integrity, availability, resiliency and confidentiality of the Customer Data our systems use for processing Customer Data. ǞǞǞ security measures applied by us are described in Appendix II.
5.2 安全措施的更新. You are responsible for reviewing the information made available by us relating to Customer Personal Data security and making an independent determination as to whether such information meets your requirements and legal obligations under Data Protection Legislation. You acknowledge that the security measures are subject to technical progress and development, and that we may update or modify our security measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Customer Personal Data.
5.3 访问控制。 We apply the principles of “need to know “and least privilege.
5.4 处理过程的保密性. We will ensure that any person or party who is authorized by us to process Customer Personal Data (including our staff, agents and Subprocessors) are informed of the confidential nature of such Customer Personal Data and will be under an appropriate obligation of confidentiality (whether a contractual or statutory duty) that survives termination of their engagement.
5.5 个人数据泄露的应对和通知. Upon becoming aware of a Personal Data Breach, we will without undue delay (i) notify you, (ii) investigate the Personal Data Breach, (iii) provide timely information relating to the Personal Data Breach as it becomes known or as it is reasonably requested by you, and (iv) take commercially reasonable steps to mitigate the effects and prevent recurrence of the Personal Data Breach.
6.援助
6.1 数据保护援助。 We shall provide you with reasonably requested assistance in order to allow you to comply with your obligations under the Data Protection Legislation, including the notification of a Personal Data Breach, assessing the appropriate level security of processing, and assisting you with the performance of a relevant data protection impact assessment.
6.2 协助处理数据主体请求。 We will provide you with reasonable assistance in order to allow you to comply with your obligations to data subjects who exercise their rights under the Data Protection Legislation by making available technical and organizational measures via your account. For the avoidance of doubt, you as the data controller are responsible for processing any request or complaint from data subjects with respect to the Customer Personal Data of a data subject.
7.披露和披露请求
7.1 对披露和访问的限制。 We will not provide access to or disclose Customer Personal Data except (i) as directed by you, (ii) as set out in the Agreement and this DPA, or (iii) as required by law.
7.2 披露要求. We will notify you as soon as reasonably possible if we receive a request from a governmental or regulatory body to disclose Customer Personal Data, unless such notice is prohibited by law. We will handle disclosure requests in accordance with the disclosure request policy available at https://messagebird.com/en/legal/disclosure-requests.
8.子处理器
8.1 当前的子处理器. You agree to the engagement of the Subprocessors listed at https://www.messagebird.com/en/legal/privacy#processorList under the header “End User Personal Data”, which contains a procedure for you to subscribe to notifications of changes to our use of Subprocessors. If you subscribe to such notifications, and taking into account Section 8.3 of this DPA, we will share details of any change in Subprocessors as soon as reasonably possible.
8.2 使用子处理器。 By means of this DPA, you provide a general written authorization to us to engage Subprocessors for the processing of Customer Personal Data, subject to Section 8.3 of this DPA and the following requirements:
a.我们将限制分处理人对客户个人数据的访问，以提供分处理人协议中规定的服务所严格需要的内容为限。
b.我们将与后处理人商定数据保护义务，这些义务与本DPA规定的义务基本相同；以及
c.根据本DPA，我们仍然对您负责，履行分处理人的数据保护义务。
8.3 通知下级处理者的变化和反对的权利. Before replacing or engaging new Subprocessors (“子处理器变化”), we will give you the option to object to the Subprocessor Change.
您可以反对变更后处理人，条件是：(i) 在我们通知变更后处理人后的十（10）个工作日内以书面形式提出反对意见；(ii) 反对意见是基于并明确解释与保护客户个人数据有关的合理理由。当您反对拟议的后处理人变更时，我们应与您真诚合作，在提供服务时作出商业上合理的变更，避免使用相关后处理人。如果在我们收到您的反对通知后三十(30)个工作日内不能合理地作出这种改变，或者这种改变对我们来说在商业上是不合理的，任何一方都可以终止在不使用相关的分处理商的情况下无法提供的服务的适用功能。如果你反对分处理人的变更，该终止权是你唯一的和排他的补救措施。
9.客户个人数据的跨境转移
9.1 客户个人数据的转移. We may transfer Customer Personal Data on the condition that all appropriate safeguards required by Data Protection Legislation are in place. This may include a prior data transfer impact assessment, the adoption, monitoring and evaluation of supplementary technical, organizational and legal measures, enforceable data subject rights, and that effective legal remedies for data subjects are available.
9.2 子处理商标准合同条款. Unless an adequacy decision or alternative transfer mechanism applies, we have entered into and shall maintain 标准合同条款 with Subprocessors (including our Affiliates) located outside the EEA, subject to the terms set out in Section 9.1 of this DPA.
9.3 客户个人数据的转移机制。 To the extent your use of the Services requires a cross border data transfer mechanism to lawfully export Customer Personal Data from a jurisdiction (e.g. the EEA, California, Singapore, Switzerland, the or the United Kingdom) to us located outside of that jurisdiction this section will apply. If, in the performance of the Services, Customer Personal Data that is subject to the GDPR or any other law relating to the protection or privacy of individuals that applies to this DPA is transferred to MessageBird located in countries which do not ensure an adequate level of data protection within the meaning of the Data Protection Legislation, the transfer mechanisms listed below shall apply to such transfers and can be directly enforced by the parties to the extent such transfers are subject to the Data Protection Legislation:
9.3.1 The parties agree that the Standard Contractual Clauses will apply to Customer Personal Data that is transferred via the Services from the EEA or Switzerland, either directly or via onward transfer, to a MessageBird entity located in a country outside the EEA or Switzerland that is not recognized by the European Commission (or, in the case of transfers from Switzerland, the competent authority for Switzerland) as providing an adequate level of protection for personal data.
9.3.1.1 当您作为数据控制者和MessageBird是数据处理者时，欧盟控制者对处理者的标准合同条款将适用于任何来自EEA的客户个人数据转移。当您作为一个数据处理器和MessageBird是一个子处理器时，处理器到子处理器的标准合同条款将适用于任何来自EEA的客户个人数据转移。
9.3.1.2 MessageBird将被视为数据输入者，而您将被视为标准合同条款下的数据输出者。每一方签署本DPA，将被视为签署了适用的标准合同条款，这将被视为纳入本DPA。标准合同条款附件1和附件2所要求的细节可参见本DPA的附录I和附录II。如果本DPA与标准合同条款之间存在任何冲突或不一致，仅在从欧洲经济区转移客户个人数据方面，应以标准合同条款为准。
9.3.1.3 如果标准合同条款要求双方在可选条款中进行选择并输入信息，双方已按下文规定进行了选择。
可选条款7 "对接条款 "不应采用。
对于第9条 "次级处理人的使用"，双方选择以下选项。"选项2 一般书面授权：数据输入方拥有控制器的一般授权，可从商定的清单中聘用子处理方。数据进口商应至少提前10个工作日，通过增加或更换子处理人，以书面形式明确通知控制器对该清单的任何预期变更，从而使控制器有足够的时间在聘用子处理人之前反对此类变更。数据输入方应向数据输出方提供必要的信息，使数据输出方能够行使其反对权。数据输入方应将子处理方的聘用情况通知数据输出方。"
对于第11(a)条 "补救"，双方不采用该选项。
对于第17条 "管辖法律"，双方选择以下选项。"选项1。这些条款应受欧盟成员国之一的法律管辖，只要该法律允许第三方受益权。双方同意，这将是荷兰的法律。"
对于第18(b)条 "法院和管辖权的选择"。"双方同意，这些应是荷兰的法院。"
9.3.2 The parties agree that the 英国控制者对处理者的标准合同条款 will apply to Customer Personal Data that is transferred via the Services from the United Kingdom, either directly or via onward transfer, to a MessageBird entity located in a country outside the United Kingdom that is not recognized by the competent United Kingdom regulatory authority or governmental body for the United Kingdom as providing an adequate level of protection for personal data.
9.3.2.1 MessageBird将被视为数据输入者，而您将被视为英国控制器到处理器标准合同条款下的数据输出者。每一方签署本DPA，将被视为签署英国控制器到处理器的标准合同条款，这将被视为纳入本DPA。英国控制者与处理者标准合同条款附件1和附件2所要求的细节见本DPA的附录I和附录II。如果本DPA与英国 "控制器-处理器 "标准合同条款之间有任何冲突或不一致之处，仅在从英国转移客户个人数据方面，应以英国 "控制器-处理器 "标准合同条款为准。
10.审计
10.1 审计报告. Our communication platform shall be regularly audited against the ISO 27001:2013 standard (or equivalent). The audit may, in our sole discretion, be an internal audit, or an audit performed by a third party. Upon written request, we will provide you with a summary of the audit report(s) (“审计报告”), so that you can verify our compliance with the audit standards and this DPA. Such Audit Reports, as well as any conclusions or findings specified therein, are our Confidential Information.
10.2 客户信息要求. We will make available to you all information reasonably necessary to demonstrate compliance with the obligations laid down in this DPA. We will provide written responses to reasonable requests for information made by you, including responses to information security and audit questionnaires that are reasonable in scope and necessary to confirm compliance with this DPA, provided that you (i) have first made a reasonable effort to obtain the requested information from the 文件, Audit Reports and other information provided or made public by us, and (ii) will not exercise this right more than once per year, unless a Personal Data Breach or significant change in our processing activities in relation to the Services require that an additional questionnaire is executed. All responses provided are our Confidential Information.
10.3 客户审计. If an Audit Report provided by us to you gives you substantiated reasons to believe that we are in breach of our obligations under this DPA, related to the Customer Personal Data provided by you, we will allow an independent and qualified third party auditor appointed by you and approved by us, to audit the relevant applicable Personal Data processing activities, provided that the following requirements are met:
a.在行使审计权之前，您应至少提前六十（60）天向我们发出合理通知。
b.审计员同意与我们一起承担市场标准的保密义务。
c.你和审计师采取措施，尽量减少对我们业务运作的干扰。
d.审计将在正常工作时间进行。
e.我们没有义务提供对其他客户或不涉及提供服务的系统的客户数据的访问；以及
f.您应pay 审计的所有费用。
11.客户个人资料的删除和归还
在协议终止或到期时，我们将（根据您的选择）删除或向您归还我们拥有或控制的所有客户个人资料（包括副本），但在法律要求我们保留部分或全部客户个人资料的情况下，这一要求将不适用。如果您指示我们删除客户个人资料，我们备份系统中存档的客户个人资料将受到保护，不会被进一步处理，并在规定的保留期过后删除。
12.客户附属机构的沟通和权利
以第1.2条规定的客户联营公司的名义并代表该客户联营公司订立本DPA，构成我方与该客户联营公司之间的单独DPA，但须遵守以下规定。
12.1. 沟通. The Customer that is the contracting party to the Agreement shall remain responsible for coordinating all communication with us under this DPA and be entitled to make and receive any communication in relation to this DPA on behalf of its Customer Affiliates.
12.2 客户关联公司的权利. Where a Customer Affiliate becomes a party to the DPA with us, it shall to the extent required under Data Protection Legislation be entitled to exercise the rights and seek remedies under this DPA, subject to the following:
(i) 除非数据保护立法要求客户联盟根据本DPA直接对MessageBird行使权利或寻求补救，否则双方同意：(i) 只有作为协议签约方的客户才能代表客户联盟行使任何此类权利或寻求任何此类补救，以及(ii) 作为协议签约方的客户应根据本DPA行使任何此类权利，而不是为每个客户联盟单独行使，而是为自己和其所有客户联盟共同行使。
(ii) 双方同意，作为协议签约方的客户，在按照本DPA第10.3条的规定代表其对客户个人数据保护的相关程序进行现场审计时，应采取一切合理措施限制对我方的影响，在合理范围内，将代表其自身及其所有客户关联公司进行的若干审计请求合并为一次审计。
为明确起见，客户关联公司不会成为协议的签约方。
13.加州消费者隐私法
对于在CCPA范围内处理客户个人数据，我们向您做出以下额外承诺。
13.1 我们的义务. We shall comply with the CCPA and treat all Customer Personal Data subject to the CCPA (“CCPA 个人数据”) in accordance with the provisions of the CCPA. With respect to CCPA Personal Data, we are a service provider under the CCPA. We will not (a) sell CCPA Personal Data; (b) retain, use or disclose any CCPA Personal Data for any purpose other than for the specific purpose of providing the Services, including retaining, using or disclosing CCPA Personal Data for a commercial purpose other than providing the Services; or (c) retain, use or disclose CCPA Personal Data outside of our direct business relationship with you. The Processing of CCPA Personal Data authorized by your instructions in 条款 and this DPA is integral to our provision of the Services. You acknowledge and agree that our access to Customer Data does not constitute part of the consideration exchanged under the Agreement. To the extent that any usage data is considered CCPA Personal Data, we are the business with respect to such data and will Process that data in accordance with our Privacy Statement. The terms “business”, “commercial purpose”, “service provider”, and “sell” as used in this Section 13.1 have the meanings given to them in the CCPA. Both parties certify that they understand and will comply with the obligations and restrictions set forth in this DPA and the Agreement as required under the CCPA.
13.2 客户的义务. You represent and warrant that you have provided notice to the End-User that the Personal Data is being used or shared in accordance with the terms and conditions envisaged in Section 1798.140(t)(2)(C)(i) of the CCPA. You are responsible for compliance with the requirements of the CCPA applicable to you as a data controller.
14.管辖法律和争端解决
条款第13条 shall apply to any Disputes arising out of or related to this DPA, unless required otherwise by Data Protection Legislation.
附录一--处理的细节
Where applicable, this Schedule 1 will serve as Annex I to the EEA Standard Contractual Clauses.
附件一，A部分，缔约方名单
数据导出器: Customer
数据输出者的详细联系方式: The address listed in Customer’s account, or Customer’s account owner email address, or to the email address(es) for which Customer elects to receive notices under the Agreement.
数据输出者角色: The data exporter’s role is outlined in Section 4 of the DPA.
签名和日期: If and when applicable, data exporter is deemed to have signed the Standard Contractual Clauses incorporated herein as of the Effective Date of the DPA.
数据导入器。 MessageBird B.V.
数据导入者的详细联系方式: Trompenburgstraat 2-C, 1079TX, Amsterdam, The Netherlands, Data Protection Officer - privacy@messagebird.com
数据导入者角色: The data importer acts as data processor.
签名和日期: If and when applicable, data importer is deemed to have signed the Standard Contractual Clauses incorporated herein as of the Effective Date of the DPA.
附件一，B部分：转让说明
1.个人资料被转移的数据主体的类别。用户. Customer’s contact persons (natural persons) or employees, contractors or temporary workers (current, prospective, former) using the Services through the Customer’s account (“Users”);终端用户. Any individual (i) whose contact details are included in the Customer's contacts list(s); (ii) whose information is stored on or collected via the Services, or (ii) to whom Customer sends communications or otherwise engage or communicate with via the Services (collectively, “End-Users”). You as the Customer solely determine the categories of data subjects included in the communication sent over our communication platform.
2.转移的个人数据类别。Customer Personal Data contained in, communication content, traffic data, 终端用户数据，以及客户使用数据。Communication content, which may include Personal Data or other personalized characteristics, depending on the communication content as determined by you as the Customer.Traffic data, which may include Customer Personal Data about the routing, duration or timing of a communication such as voice call, SMS or email, whether it relates to an individual or a company.End-User data, such as phone number, email address, first name, last name, profile name, country, channel identifier.Customer usage data, may contain data that can be linked to you as an individual included in statistical data and information related to your account and service activities, service related insights and analytic reports regarding communication sent and customer support.
3.转移的敏感数据 (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialized training), keeping a record of access to the data, restrictions for onward transfers or additional security measures.
(a) 交流内容。 Sensitive data may, from time to time, be processed via the Services where you or your End-Users choose to include sensitive data within the communications that are transmitted using the Services. You are responsible for ensuring that suitable safeguards are in place prior to transmitting or processing, or prior to permitting your End-Users to transmit or process any sensitive data via the Services, in accordance with Section 3.2 of the Agreement.
(b) 流量数据、终端用户数据和客户使用数据。 No sensitive data is contained in traffic data, End-User data, or customer usage data.
4.转移的频率 (e.g. whether the data is transferred on a one-off or continuous basis): Customer Personal Data is transferred on a continuous basis for the duration of the Agreement.
5.加工的性质: We will process Customer Personal Data to the extent necessary to provide the Services under the Agreement. We do not sell any Personal Data, including Customer Personal Data, and do not share Personal Data with third parties for compensation or for those third parties’ own business interests.
6.数据传输和进一步处理的目的。 We will process Customer Personal Data as a data processor in accordance with instructions of Customer as set forth in this DPA, unless processing is necessary for compliance with a legal obligation to which we are subject, in which case we will classify as a data controller.
通信内容、交通数据, End-User data, and customer usage data. Personal Data contained in communication content, traffic data, End-User data, and customer usage data will be subject to the following basic processing activities:
(a) 交流内容。 The provision of programmable communication products and services, offered in the form of application programming interfaces (应用程序接口) or via the Dashboard, to Customer, including transmittal to or from Customer’s software application from or to our communication platform, and other communications networks.
(b) 交通数据。 Traffic data is processed for the purpose of transmitting communication on an electronic communications network or for the billing in respect of that communication. This may include Customer Personal Data about the routing, duration or timing of a communication such as voice call, SMS or email, whether it relates to an individual or a company.
(c) 终端用户数据。 Personal Data of End-Users is required in order to perform the Services and will only be processed for the purposes of communication transmission, customer support, and ensuring compliance with legal obligations of MessageBird.
(d) 客户的使用数据。 Personal Data contained in customer usage data will be subject to the processing activities of providing the Services under the Agreement, with the aim of providing Customer with Services related insights and analytic reports regarding the communication sent, customer support, and continuous improvement of the Services.
7.个人资料的保留期限, or, if that is not possible, the criteria used to determine that period:
(a) 通信内容和流量数据。 For customer content and traffic data contained in the SMS and Voice Services a retention period of six months applies;
For the Services of 24sessions customer content and traffic data are retained for a minimum of 30 days up to the duration as agreed upon with you;
For all other services, customer content and traffic data are retained for the duration of the Services, except if you delete customer content or traffic data via the technical and organizational measures provided to you via the Services.
(b) 终端用户数据。 End-User data will be processed for the duration determined by the Customer, when End-User data is included in your contact profiles the default retention period is for the duration of the Services, subject to Section 6(c) of this Annex I, Part B.
(c) 客户的使用数据。 Upon termination of the Agreement, we may retain, use, and disclose Customer Usage Data for the purposes set forth in Section 6(d) of this Annex I, Part B, subject to the confidentiality obligations set forth in the Agreement. We will anonymize or delete customer usage data when we no longer require it for the purposes set forth in Section 6(d) of this Annex I, Part B.
8.对于转让给（次级）处理者, also specify subject matter, nature and duration of the processing: For transfers to Subprocessors, the subject matter and nature of the processing is outlined at https://www.messagebird.com/legal/privacy#processorList and the duration is for the duration of the Agreement.
附件一，C部分，主管的监督机构
The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) will be the competent supervisory authority.
标准合同条款附录二
Where applicable, this Appendix II will serve as Annex II to the Standard Contractual Clauses. The following provides more information regarding our technical and organizational security measures set forth below.
技术和组织安全措施。
Measures of pseudonymization and protection of Personal Data in storage and transit: All Personal Data is encrypted in transit and at rest, and, to the extent relevant from a security standpoint, treated as if it were classified as sensitive data. Information is always transmitted over TLS with up-to-date encryption methodologies by default.
Measures for ensuring ongoing confidentiality, integrity, and availability and resilience of processing systems and services: we enter into agreements that contain confidentiality provisions with our employees, contractors, vendors, and Subprocessors. Our business continuity policy is to prepare our business and services in the event of extended outages caused by factors beyond our control and to restore services to the widest extent possible in a minimum time frame. We understand the services we provide are mission critical to our customers and therefore have very little tolerance for service disruptions. Our timeframes for recovery are designed to ensure we can meet our obligations to all of our customers.
Processes for regular testing, assessing and evaluating the effectiveness of technical and organizational measures in order to ensure the security of processing: The goal of information security and our Information Security Management System (ISMS) is to protect the confidentiality, integrity and availability of information to the organization, employees, partners, customers and the (authorized) information systems, and to minimize the risk of damage occurring by preventing security incidents and managing security threats and vulnerabilities. Our 法律 team, Data Protection Officer, and, Security and Compliance Team make sure that applicable regulations and standards are factored into our security frameworks.
Measures for user identification and authorization: We follow principles of “need to know“ and “least privilege”. We promote the use of role based access control. Provisioning and deprovisioning is overseen by the security team, with Single-Sign-On and 2FA by default. Owners have been defined for each information asset who are responsible for ensuring access to their systems are appropriate and reviewed on a regular basis. Whenever dealing with sensitive information or taking critical action, we use the four-eyes principle.
Measures for ensuring events logging: Audit logs are centrally stored and monitored on a regular basis for security events and are kept secure to avoid risk of tampering. The Incident Management Policy enforces the incident response plan and its procedures. These guidelines are being followed if any type of security or technical incident occurs. In the event that there are Security incidents, they will be reviewed regularly by the Security Steering Committee which consists of senior stakeholders from across the business.
Measures for ensuring systems configuration, including default configuration: We follow a consistent change management process for all the changes to the production environment of the Communication Platform as a Service. To elaborate further, all requests for changes (RFC) need to be approved by a designated party and executed according to the formal change control process. The control process ensures that changes proposed are reviewed, authorized, tested, implemented, and released in a controlled manner; and that the status of each proposed change is monitored. Configuration baselines are followed to securely configure the systems by following best-practices. Also, within the Engineering department, a tech radar is used to define which technologies (languages, platform tools, databases and data management tools) can be adopted or need to be avoided during development.
Measure for physical security: We actively promote a “Work from Anywhere” policy so our employees are free to work from any place they want. However, we still have our office premises. We have no secure areas/data center on our premises as we are a completely cloud-based company. Our office floors are protected by physical access controls, CCTV, and manned security.
Measures for internal IT and IT security governance and management: We maintain a risk-based assessment security program, which includes administrative, organizational, technical, and physical safeguards designed to protect the Services and confidentiality, integrity, and availability of Customer Data. Our information security program is set up in a systematic and well organized way. In addition, legal and regulatory requirements apply to ensure the confidentiality, integrity, and availability of information to the organization, employees, partners and customers. All these are translated into our information security policies, procedures and guidelines. We have a Security Steering Committee which is responsible for the tactical level of information security. This entails the coordination of information security activities and the translation of strategic activities to operational activities for our security, and our continuous maintenance of regulatory compliance. All employees are responsible for safeguarding company assets. All our employees are screened for expertise, experience, and integrity. Employees are informed about security and data protection 在 on-boarding stage, as well as by way of regular team-specific training, and other company-wide all-hands presentations about the importance of data protection and security compliance.MessageBird is ISO/IEC 27001:2013 certified, the globally recognised information security standards for Information Security Management Systems (ISMS).
All our hosting providers are ISO/IEC 27001:2013 compliant.
We are also registered with the Dutch Authority for Consumers and Markets. This means we’re always accountable and fully transparent with our clients.
We are an Associate Member of the Groupe Speciale Mobile Association (GSMA). The GSMA represents the interests of mobile operators across the globe.We are always up to the date with all applicable laws and regulations, including the General Data Protection Regulation.
Measures for certifications/assurance of processes and products: We undergo rigorous surveillance as well as certification audits as part of our ISO/IEC 27001:2013 compliance, and regularly execute application vulnerability and penetration testing. MessageBird takes a unified approach to patch and vulnerability management to ensure that our standard SLA timelines are maintained whether vulnerabilities exist in our underlying infrastructure, operating platforms, or source code.
Measures for application security: We ensure security of our applications during the design and development phase based on the MessageBird Secure Code Guidelines.
Appropriate corrections are implemented prior to release.
Code changes are reviewed by skilled individuals (who are familiar with code review and secure development) other than the originating developers.
Applications will undergo rigorous application security testing to identify any new threats and vulnerabilities at least annually (in accordance with industry standards and best practice).
All code changes for applications that are pushed to production environments are reviewed using manual and/or automated processes.
Penetration tests are conducted annually and case-by-case on new products/features. Automated source code analysis tools are being used to detect security defects in code prior to deployment, based on the language.
Measures for vulnerability disclosure: We appreciate security researchers who have found vulnerabilities on our platform to contact us and to send their findings to security@messagebird.com. We have a dedicated security team who follow-up and send invitations to our bug bounty program to investigate and remediate where necessary.
Measures for ensuring accountability: We implement information security and data protection policies in accordance with applicable laws and publish an overview of our ISMS relevant information (link). We have appointed a dedicated VP, Compliance and Information Security and a Data Protection Officer, and maintain documentation of our processing activities, including recording and reporting security incidents involving Personal Data where applicable.
Measures for ensuring accountability: We implement information security and data protection policies in accordance with applicable laws and publish an overview of our ISMS relevant information (link). We have appointed a dedicated VP, Compliance and Information Security and a Data Protection Officer, and maintain documentation of our processing activities, including recording and reporting security incidents involving Personal Data where applicable.
隐私设置
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