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Docusign Envelope ID: 9175C3DB-B449-4ED8-9D88-1871786429FF
Data Processing Amendment
The Parties
123FormBuilder SRL, headquartered in Gheorghe Lazar street, no. 24, Fructus Plaza, second floor, SAD
13, Timisoara 300081, Timis, Romania, EU, registered at the national registries under no. J35/2122/2011,
RO29147442, using official e-mail contact@123formbuilder.com, legally represented by Dr. Björn Momsen
and Dario Perfettibile (acting as Managing Directors), as a PROVIDER,
and
____________________________, headquartered in ________________________________________,
registered under no. ___________________________________________________, using official e-mail
_________________________________ legally represented by ___________________________ (acting
as ________________), as a BENEFICIARY,
have agreed to conclude this additional act, in addition to:
● The Terms of Service (referer also as TOS), mentioned on the site of the Provider
https://www.123formbuilder.com/termsofservice.html
● (only if applicable) Contract _________ signed on date _________
The amendment becomes effective on the date both parties have signed the document. The duration of
data processing is based on the term of the service agreement that will be signed by the BENEFICIARY
AND PROVIDER.
Art. 1. Privacy. Protection of personal data
1. With regard to the processing of Personal Data controlled by the PROVIDER, under the Contract, the
parties acknowledge that the BENEFICIARY is the Data Controller and that the PROVIDER is the
authorized entity, by the Data Controller. The parties agree to comply with all obligations under the
applicable Personal Data Protection laws. The PROVIDER will process such personal data on behalf
of the BENEFICIARY, in so far as it is necessary for the purposes of the Contract.
2. In accordance with Art. 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council
on the protection of individuals with regard to the processing of personal data and on the free movement
of such data (the Regulation or the GDPR), the parties agree to the provisions contained in Art. 1.3
below on the Processing of Personal Data under the Contract. All capitalized words in this section will
have the meaning assigned to GDPR.
3. Annex 1 to this Agreement contains certain information regarding the processing of Personal Data in
accordance with Article 28 Section (3) of the GDPR and possibly the equivalent requirements of other
data protection laws.
3.1. Under this Section, the Provider:
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Docusign Envelope ID: 9175C3DB-B449-4ED8-9D88-1871786429FF
3.1.1. Will process personal data only with documented instructions from the Beneficiary, unless
that obligation lies with the Provider under Union or national law applicable to him or her; in
this case, the Provider will notify this legal obligation to the Beneficiary before processing,
unless the law concerned prohibits such notification for important public interest reasons;
3.1.2. Ensure that the authorized people to process personal data are committed to maintaining
their confidentiality or that they have an appropriate statutory duty of confidentiality;
3.1.3. Will take all necessary measures in accordance with Article 32 of the GDPR "Security of
Service" as set forth in the TOS mentioned on the Site of the Provider
3.1.4. Will comply with the conditions set out in paragraphs 2 and 4 of Article 28 of the GDPR for
hiring another person for processing (sub-processor);
3.1.5. Taking into account the nature of the processing will assist the Beneficiary by appropriate
technical and organizational measures described in the TOS mentioned on the site, as far as
is possible, to fulfill the Operator's obligation to respond to requests for the exercise of the
Target Person's rights provided in Chapter III of the GDPR;
3.1.6. Will assist the Data Controller in complying with its obligations under Articles 32-36 of the
GDPR and as described in the TOS stated on the site, taking into account the nature of
processing and information available;
3.1.7. At the request of the Beneficiary, will delete or return all Personal Data to the Beneficiary
after the termination of the provision of the Processing Services, and will remove existing
copies, unless Union or national law requires the storage of specific Personal Data;
3.1.8. Will immediately inform the Beneficiary if, in the opinion of the Provider, a Data Controller
instruction referred to in the above paragraph violates the GDPR or other Union or national
law on the protection of personal data.
3.2. The Provider may transfer Personal Data to a Sub-processor in accordance with personal data
protection laws, including, where applicable, in accordance with any necessary prior formalities
and rights of Target Persons, such as information and/or consent when required by applicable law.
3.3. When processing Personal Data is subcontracted to Sub-processors located outside the EEA, the
Provider will sign on behalf of the Beneficiary the Standard Contractual Terms for the Transfer of
Personal Data to Third-Party Sub-Processors in accordance with Commission Implementing
Decision (EU) 2021/914 of 4 June 2021, as currently set out at https://eur-
lex.europa.eu/eli/dec_impl/2021/914/oj or equivalent standard clauses of personal data protection
in accordance with EU law.
3.4. Only the Beneficiary may determine the purposes and means of processing Personal Data by the
Provider in the course of fulfilling his obligations under this Agreement. Only the Provider may
approve the security measures applicable to the protection of Personal Data as defined in
Appendix 1. The Provider remains solely responsible for the accuracy and adequacy of the
aforementioned purposes and means.
3.5. Any change in security measures that have or could have an adverse effect on the protection of
Personal Data, including compliance with the applicable laws, will be notified to the Beneficiary,
thus having the opportunity to discuss the measures if necessary and possibly refusing to continue
the activity.
3.6. The Provider shall, upon request, provide the Beneficiary with all the information necessary to
demonstrate compliance with this Agreement and allow and contribute to audits, including
inspections, performed by the Beneficiary or an auditor mandated by him in connection with the
processing of Personal Data. The Provider shall offer a reasonable notice of any audit or inspection
to be performed and avoid damage, injury or disturbance to the premises, equipment, staff, and
activity of the Provider, while his staff is in those locations in the course of such an audit or
inspection.
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3.7. The Beneficiary will decide the retention period of the data he collects. If the Beneficiary asks for
his subscription to be canceled and his account to be deleted, the Provider will delete the
Beneficiary's data and collected data from all its systems within 60 days, unless retention
obligations apply.
This Amendment completes the Terms of Service and existing Contracts (if any), fully retaining their entire
content, being concluded in two original copies, one for each party.
PROVIDER 123FormBuilder SRL
Managing Directors
Björn Momsen Dario Perfettibile
_______________________________ _________________________________
BENEFICIARY _______________________________
Date _______________________________
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Docusign Envelope ID: 9175C3DB-B449-4ED8-9D88-1871786429FF
Annex 1 - Description of the Processing of Personal Data
The name of the Data Protection Officer
Provider Beneficiary
Cristian Raiescu
gdpr@123formbuilder.com
Individuals
Personal data refers to the following categories of Target Persons: the contact persons of the specified
parties, and the persons who complete the forms covered by this contract.
Data categories
Personal Data refers to the following categories of data:
A. any data collected by the Beneficiary through the forms provided by the Provider
B. name, location, e-mail, or other data required to meet the contractual obligations.
.
Special categories of data
(This refers to racial or ethnic origin, political opinions, religious or philosophical beliefs, membership of
trade unions, and data processing on health or sexual life, criminal record, and personal data on unlawful
conduct or behavioral hindrance to a ban imposed on that behavior, such as photos, film images, medical
data, etc.)
The Provider does not collect special data of the Beneficiary. If the Beneficiary collects special data, he
will ensure that he implements the necessary safety measures.
Subcontractors are used only for the purpose of ensuring the technical means necessary for the optimal
operation of the services provided by the PROVIDER.
The names and locations of the subprocessors to which personal data is transferred and the data
categories that are transferred
Entity Main location Data categories
Amazon Web Washington, DC, USA Type A
Services
Google California, USA Type B
Sendgrid Colorado, USA Type B
Zendesk California, USA Type B
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Customer.IO Oregon, USA Type B
InnerTrends Romania, EU Type B
SnapEngage Colorado, USA Type B
The Provider will periodically (every 6 months) review and update the list of subprocessors to which
personal data is transferred. The Provider will make sure all new subprocessors are GDPR compliant.
Any notification regarding data processed by subcontractors can be sent to the DPO, using the following
e-mail address: gdpr@123formbuilder.com
General description of organizational and technical security measures (if possible)
The security measures are described here: https://www.123formbuilder.com/how-do-we-handle-service-
security
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