Data Processor Agreement
- DEFINITIONS
“Data Controller” Has the meaning given to ‘controller’ in Art 4 of the GDPR
“Data Breach” Means a breach of security leading to the accidental or unlawful destruction,
loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored
or otherwise processed.
“Data Processor” Has the meaning given to ‘processor’ in Art 4 of the GDPR
“Data Protection Laws” Means any and all laws pertaining to the collection, processing and
storage of data, in particular the GDPR, as amended, and any successor legislation
“GDPR” Means Regulation (EU) 2016/679
“Personal Data” Has the meaning given in Art 4 of the GDPR
“Star VOIP Limited” is the legal name of the company trading as starvoipltd.co.uk and
STAR VOIP
“Customer” Means the legal or natural person directly dealing with Star VOIP Limited
“End User” Means the recipient of the Goods or Services provided by Star VOIP Limited, where
that recipient is different to the Customer
“EEA” means the European Economic Area, specifically as it regards the territorial scope of
the GDPR
“Contact Point” is the authorised place to make requests or issue instructions and
notifications to Star VOIP Limited with regards to the performance of this agreement. These are:
Via email: info@starvoipltd.co.uk
Via post: Star VOIP Limited
31b, Metro Centre
Britannia Way
Park Royal
London, NW10 7PA.
- RELATIONSHIPS
2.1 Star VOIP Limited shall be the Data Controller for Personal Data related to the Customer. This
includes, inter alia,
(a) Customer contact data, including phone numbers, email addresses and postal
Addresses;
(b) Website usage data;
(c) Invoicing data;
2.2 Where the Customer provides End User data, the Customer shall be the Data Controller, and
Star VOIP Limited shall be the Data Processor
- COMPLIANCE WITH DATA PROTECTION LAWS
3.1 The Parties shall each comply with their respective obligations under the applicable Data
Protection Laws.
3.2 The Customer shall be responsible for complying with Data Protection Laws with regards to
the End User, in particular that the Personal Data:
(a) Is adequate;
(b) Is accurate;
(c) Has the necessary consent or other legal basis to be processed by Star VOIP Limited;
(d) Complies with the principles specified in Art 5 of the GDPR
Star VOIP Limited T/A STAR VOIP
31b, Metro Centre, Britannia Way, Park Royal, London NW10 7PA
Registered in England No. 07800809, VAT No. GB 377 6541 57
Tel: 02035885181
- DATA PROCESSING OBLIGATIONS
4.1 In respect of any Personal Data to be processed by Star VOIP Limited acting as Data Processor for
which the Customer is Data Controller, then Star VOIP Limited shall:
(a) Provide appropriate technical and organisational measures in such a manner as is
designed to ensure the protection of the Personal Data, and the rights of the End
User;
(b) Engage sub-processors as required to fulfil our contractual obligations. This includes,
but is not limited to, courier companies and companies that despatch goods on our
behalf;
(c) Ensure that any sub-processors that are engaged are subject to data protection
obligations that are similar to those under this Agreement, and in all cases fully
comply with the Data Protection Laws
(d) Remain liable to the Customer for the performance of any sub-processor appointed
by Star VOIP Limited for the processing Personal Data
(e) Only process that Personal Data pursuant to our contractual obligations to the
Customer, on written instruction from the Customer, or under the authority of a
Government Agency in the course of its lawful duties. Where Star VOIP Limited acts under
the authority of a Government Agency, we shall notify the Customer unless
prohibited from doing so;
(f) Ensure access to Personal Data is bound by confidentiality;
(g) Ensure security of processing in accordance with the Data Protection Laws;
(h) At the cost of the Customer, on request via the Contact Point, provide information
relevant to, or assist compliance with the Customer’s obligations to the End User
through the Data Subjects’ rights enshrined in the Data Protection Laws;
(i) At the cost of the Customer, assist the Customer in complying with the Data
Protection Laws with regard to
- Security of Processing;
- Notification of a Data Breach to the relevant supervisory authority;
iii. Notification of a Data Breach to the End User;
- Data Protection Impact Assessments and consultations, if required;
(j) On termination of this Agreement through notification to the Contact Point, at the
Customer’s option either return or destroy the personal data within 48 hours of the
request, except where retention is required to comply with our legal obligations;
(k) At the cost of the Customer, on request via the Contact Point, make available to the
Customer all information necessary to demonstrate compliance with the obligations
laid out in Article 28 of GDPR;
(l) At the cost of the Customer, and subject to confidentiality and security provisions
determined by Star VOIP Limited, contribute to audits and facilitate inspections conducted
by the Customer or their appointed auditor, at a maximum of one audits or
inspections per calendar year;
(m) Immediately advise the Customer if any instruction infringes or contravenes the Data
Protection Laws or any other applicable law;
(n) Notify the Customer of any Data Breach concerning the End User without undue
delay;
(o) Transfer, or allow a sub-processor to transfer, Personal Data outside the EEA only for
the performance of our contract with the Customer. In particular, deliveries made or
Star VOIP Limited T/A STAR VOIP
31b, Metro Centre, Britannia Way, Park Royal, London NW10 7PA
Registered in England No. 07800809, VAT No. GB 377 6541 57
Tel: 02035885181
services provided outside the EEA will necessitate the transfer of such data. This is
consistent with Art 49, Para 1(b) and the second sub-paragraph of Art 49, Para 1 of
the GDPR
Signed
Mrs D Kamalakaran
Managing Director
Star VOIP Limited