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GDPR Data Processing Addendum

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INSTRUCTIONS

This addendum is posted here for your review.  If you would like to incorporate our GDPR Data Processing Addendum into your existing agreement, please email us at privacy@precisionlender.com and we will send you our DPA for you to complete, sign, and return to us.

 

DATA PROCESSING ADDENDUM

 

This Customer Data Processing Agreement reflects the requirements of the European Global Data Protection Regulation effective on May 25, 2018 (as amended, “GDPR”).  The products and services offered by LPG – UK Services Limited, a Subsidiary of Lender Performance Group, LLC, in the European Union are GDPR ready and this DPA provides you with the necessary documentation of this readiness.

This Data Processing Agreement (“DPA”) is an addendum to the Customer Terms of Service (“Agreement”) between Lender Performance Group, LLC and its Subsidiaries (including but not limited to LPG – UK Services Limited) and Affiliates (“PrecisionLender”, “the Company”, “we”, “us” and/or “our”) and the Customer (“Customer”, “you” or “your”).  All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement, the GDPR (as defined below) or in the Standard Contractual Clauses (as defined below). Customer enters into this DPA when the GDPR applies to your use of the PrecisionLender Services to process Customer Data.

  • EFFECTIVENESS
    • This Addendum will only be effective (as of the Effective Date in the signature block) if executed and submitted to the Company accurately and in full accordance with the instructions above and in this section.  If you make any deletions or other revisions to this Addendum, then this Addendum will be null and void.
    • Customer signatory represents that he or she has the legal authority to bind Customer and is lawfully able to enter into contracts.
    • This Addendum will terminate automatically upon termination of the Agreement or as earlier terminated pursuant to the terms of this Addendum.

 

The parties agree as follows:

1. Definitions. 

Unless otherwise defined in the Agreement, all capitalised terms used in this DPA will have the meanings given to them below:

Agreement” is the documentation in place which details the Terms of Service(s).  This may be in the form of a license agreement, statement of work, online terms of service or other mutually agreed and executed contract in effect.

Controller” means the entity which determines the purposes and means of the Processing of Personal Data.

Customer” means you or the entity you represent.

Customer Data” shall mean any data, information, or other materials of any nature whatsoever, provided to the Company by Customer in the course of implementing and/or using the Services.  For avoidance of doubt, Customer Data would include “personal data”, as defined in the GDPR, but does not include Metadata.

Data Protection Laws and Regulations” means all laws and regulations, including laws and regulations of the European Union, the European Economic Area (EEA) and their member states, and the United Kingdom, applicable to the Processing of Personal Data under the Agreement.

GDPR” means Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Personal Data” means any "personal information" or “personally identifiable information” as defined by the Data Protection Laws and Regulations that are applicable to the Services; and any information that relates to a living individual who can be identified either from that information alone or when combined with other information.

Processing” has the meaning given to it in the GDPR and “process”, “processes” and “processed” will be interpreted accordingly.

Processor” means the entity which Processes Personal Data on behalf of the Controller.

Security Incident” means a breach of the Company’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Data.

“Standard Contractual Clauses” means Exhibit 1, attached to and forming part of this DPA pursuant to the European Commission Decision of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC.

Sub-processor” means any Processor engaged by the Company.

2. Scope and Applicability of this DPA.

2.1 Scope and Roles. The Services provided by the Company do not require any personal data to function.  Customers may, however, at their own discretion upload information to provide greater insight when utilizing the Relationship Awareness service.  The data provided is solely determined by the Customer and it is recommended that the concept of minimum necessary is utilized.  This DPA applies to the processing of any Customer Data provided by the Customer, as well as any information on the end users of the system.  With regard to this processing, the Customer is the Controller and the Company is the Processor (as each term is defined in the GDPR).  Customer shall, in its use of the Services and provision of instructions to the Company, process Personal Data in accordance with applicable Data Protection Laws and Regulations.  Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired the Personal Data.

2.2 Details of Data Processing.

2.2.1 Nature and Purpose of Processing. The Company will process the Customer Data provided by the Customer to perform the Services pursuant to the Agreement and as instructed by the Customer in its use of the Services.

2.2.2 Duration.  As between the Company and the Customer, the duration of the data processing under this DPA is determined by the Customer and documented within the Agreement.

2.2.3 Types of Customer Data: The Customer at its discretion may provide personal data on consumers to gain greater insight into the commercial banking relationships within the system. The types of consumer data that may be entered is limited in nature and no special categories of data, as defined by GDPR, are processed.

2.2.4 Categories of data subjects:      The data subjects may include Customer’s customers and the Customer’s end users authorized by the Customer to use the Services.

 

3. Confidentiality of Customer Data.

3.1 The Company shall ensure that its personnel engaged in the processing of Customer Data are informed of the confidential nature of the Data, have received appropriate training on their responsibilities and have executed written confidentiality agreements. The Company shall ensure that such confidentiality obligations survive the termination of the personnel engagement. 

3.2 The Company will not access or use, or disclose to any third party, any Customer Data, except, in each case, as necessary to maintain or provide the Services, or as necessary to comply with the law or a valid and binding order of a governmental body (such as a subpoena or court order). If a governmental body sends the Company a demand for Customer Data, the Company will attempt to redirect the governmental body to request that data directly from Customer. As part of this effort, the Company may provide Customer’s basic contact information to the government body. If compelled to disclose Customer Data to a government body, then the Company will give Customer reasonable notice of the demand to allow Customer to seek a protective order or other appropriate remedy unless the Company is legally prohibited from doing so. If the Standard Contractual Clauses apply, nothing in this Section 3 varies or modifies the Standard Contractual Clauses.

4. Security of Data Processing

4.1 Controls for the Protection of Customer Data.  The Company shall maintain and monitor the compliance of appropriate technical and organizational measures for protection of the security, confidentiality and integrity of Customer Data, as set forth in the Security Overview maintained on the PrecisionLender Support site (https://support.precisionlender.com/hc/en-us/articles/360011744834-PrecisionLender-Security-Overview). Customer acknowledges that the security measures are subject to technical progress and development and that the Company may update or modify the technical and organizational measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services purchased by the Customer.

4.2 Third-Party Certifications and Audits.  In addition to the information contained in this DPA, upon Customer’s request, and provided that the parties have an applicable non-disclosure agreement (NDA) in place, the Company will make available the following documents and information:

  1. the certificate issued in relation to the ISO 27001 certification; and
  2. the Service Organization Control (SOC) 2, Type II Report.

5. Sub-processing.

5.1 Authorized Sub-processors. Customer agrees that the Company may engage Sub-processors to process Customer Data on the Customer’s behalf. The Sub-processors currently engaged by the Company and authorized by Customer are maintained online at https://precisionlender.com/gdpr.

5.2 Sub-processor Obligations. The Company shall: (i) enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect the Personal Data to the standard required by Data Protection Laws; and (ii) remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Sub-processor that cause the Company to breach any of its obligations under this DPA.

5.3 Changes to Sub-processors.  The Company shall provide Customer reasonable advance notice, for which email shall suffice, if it adds or removes Sub-processors.

5.4 Objection to Sub-processors.  Customer may object in writing to the Company’s appointment of a new Sub-processor on reasonable grounds relating to data protection by notifying the Company promptly in writing within ten (10) calendar days of receipt of the Company’s notice in accordance with Section 5.3. Such notice shall explain the reasonable grounds for the objection. In such event, the parties shall discuss such concerns in good faith with a view to achieving commercially reasonable resolution. If this is not possible, either party may terminate the applicable Services that cannot be provided by the Company without the use of the objected-to-new Sub-processor.

6. Data Subject Rights

6.1 If the Customer, as the Data Controller, receives a request from a data subject for the exercise of the data subject’s rights under the Applicable Law and the correct and legitimate reply to such a request necessitates the Company’s assistance, the Company shall assist the Customer by providing the necessary information and documentation. The Company shall be given reasonable time to assist with such requests in accordance with the Applicable Law.

6.2 If the Company, as the Data Processor, receives a request from a data subject for the exercise of the data subject’s rights under the Applicable Law and such request is related to the Personal Data of the Customer as the Data Controller, the Company must immediately forward the request to the Customer and must refrain from responding to the person directly.

7. Data Protection Impact Assessments. 

Upon Customer’s reasonable written request, the Company shall, taking into account the nature of the processing, provide Customer with commercially reasonable cooperation and assistance needed to fulfil Customer’s obligation under the GDPR to carry out a data protection impact assessment related to Customer’s use of the Services, to the extent Customer does not otherwise have access to the relevant information, and to the extent such information is available to the Company. The Company shall, taking into account the nature of the processing and the information available, provide commercially reasonable assistance to Customer in the cooperation or prior consultation with a supervisory authority, to the extent required under the GDPR.

8. Security Breach Notification.

8.1 Security Incident. The Company will (a) notify Customer of a Security Incident without undue delay after becoming aware of the Security Incident, and b) take any and all reasonable steps to insure and further protect the safety and integrity of any Customer Data remaining in the receiving party’s possession, and perform an internal investigation as to which Consumer Data was breached.

8.2 Assistance. To assist Customer in relation to any customer data breach notifications Customer is required to make under the GDPR, the Company will include in the notification under section 8.1 such information about the Security Incident as the Company is reasonably able to disclose to Customer, taking into account the nature of the Services, the information available to the Company, and any restrictions on disclosing the information, such as confidentiality.

8.3 Communication. Notification(s) of Security Incidents, if any, will be delivered to one or more of Customer’s administrators by any means the Company selects, including via email. It is the Customer’s sole responsibility to ensure Customer’s administrators provide and maintain accurate contact information with the Company.

9. Transfers of Personal Data.

9.1 Data Sovereignty. PrecisionLender is hosted within Microsoft Azure’s cloud of geographically distributed Data Centers.  To support clients with specific data sovereignty requirements, Microsoft Azure has Data Centers around the globe.  The Company can provide local instances of the application to support those requirements.  Once Customer has made its choice, the Company will not transfer Customer Data from Customer’s selected region(s) except as necessary to provide the Services initiated by Customer, or as necessary to comply with the law or binding order of a governmental body. If the Standard Contractual Clauses apply, nothing in this Section varies or modifies the Standard Contractual Clauses.

9.2 Application of Standard Contractual Clauses. The Standard Contractual Clauses will apply to Customer Data that is transferred outside the EEA, either directly or via onward transfer, to any country not recognised by the European Commission as providing an adequate level of protection for personal data (as described in the GDPR). The Standard Contractual Clauses will not apply to Customer Data that is not transferred, either directly or via onward transfer, outside the EEA.

10. Termination of the DPA and Return or Deletion of Customer Data. This DPA shall continue in force until the termination of the Agreement.  In the event of termination, the Customer Data shall be returned or deleted in accordance with the Agreement in place.

11. Miscellaneous.

11.1 Except as amended by this DPA, the Agreement will remain in full force and effect. If there is a conflict between any other agreement between the parties including the Agreement and this DPA, the terms of this DPA will control.

11.2 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by Data Protection Laws and Regulations.

 

 

Exhibit 1

Standard Contractual Clauses

 

For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection

 

The entity identified as “Customer” in the DPA

(the “data exporter”)

 

and

 

Lender Performance Group, LLC and its Subsidiaries and Affiliates

(the “data importer”)

Address: 4201 Congress Street, Suite 200,  Charlotte, NC 28209

Email:  privacy@prescisionlender.com

 

each a “party”; together “the parties”,

 

HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.

Clause 1

Definitions

For the purposes of the Clauses:

(a)         'personal data', 'special categories of data', 'process/processing', 'controller', 'processor', 'data subject' and 'supervisory authority' shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;

(b)        'the data exporter' means the controller who transfers the personal data;

(c)         'the data importer' means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country's system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;

(d)        'the subprocessor' means any processor engaged by the data importer or by any other subprocessor of the data importer who agrees to receive from the data importer or from any other subprocessor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;

(e)         'the applicable data protection law' means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;

(f)         'technical and organisational security measures' means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

 

Clause 2

Details of the transfer

The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.

Clause 3

Third-party beneficiary clause

1.          The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.

2.          The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.

3.          The data subject can enforce against the subprocessor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses.

4.          The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.

Clause 4

Obligations of the data exporter

The data exporter agrees and warrants:

(a)         that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;

(b)        that it has instructed and throughout the duration of the personal data processing services will instruct the data importer to process the personal data transferred only on the data exporter's behalf and in accordance with the applicable data protection law and the Clauses;

(c)         that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;

(d)        that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;

(e)         that it will ensure compliance with the security measures;

(f)         that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;

(g)         to forward any notification received from the data importer or any subprocessor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;

(h)        to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for subprocessing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;

(i)         that, in the event of subprocessing, the processing activity is carried out in accordance with Clause 11 by a subprocessor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and

(j)         that it will ensure compliance with Clause 4(a) to (i).

Clause 5

Obligations of the data importer[1]

The data importer agrees and warrants:

(a)        to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;

(b)        that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;

(c)        that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;

(d)        that it will promptly notify the data exporter about:

  1. any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation,
  2. any accidental or unauthorised access, and
  3. any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;

(e)        to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;

(f)        at the request of the data exporter to submit its data processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable,  in agreement with the supervisory authority;

(g)        to make available to the data subject upon request a copy of the Clauses, or any existing contract for subprocessing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;

(h)        that, in the event of subprocessing, it has previously informed the data exporter and obtained its prior written consent;

(i)        that the processing services by the subprocessor will be carried out in accordance with Clause 11;

(j)        to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.

Clause 6

Liability

  1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or subprocessor is entitled to receive compensation from the data exporter for the damage suffered.
  2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his subprocessor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity. The data importer may not rely on a breach by a subprocessor of its obligations in order to avoid its own liabilities.
  3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the subprocessor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the subprocessor agrees that the data subject may issue a claim against the data subprocessor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the subprocessor shall be limited to its own processing operations under the Clauses.

Clause 7

Mediation and jurisdiction

  1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:
    1. to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;
    2. to refer the dispute to the courts in the Member State in which the data exporter is established.
  2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.

 

 

Clause 8

Cooperation with supervisory authorities

  1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.
  2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any subprocessor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.
  3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the data importer, or any subprocessor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5 (b).

Clause 9

Governing Law

The Clauses shall be governed by the law of the Member State in which the data exporter is established.

Clause 10

Variation of the contract

The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.

Clause 11

Subprocessing

  1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter.

Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the subprocessor which imposes the same obligations on the subprocessor as are imposed on the data importer under the Clauses. Where the subprocessor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the subprocessor's obligations under such agreement.

  1. The prior written contract between the data importer and the subprocessor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses.
  2. The provisions relating to data protection aspects for subprocessing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established.
  3. The data exporter shall keep a list of subprocessing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5 (j), which shall be updated at least once a year. The list shall be available to the data exporter's data protection supervisory authority.

 

Clause 12

Obligation after the termination of personal data processing services

  1. The parties agree that on the termination of the provision of data processing services, the data importer and the subprocessor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data  importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.
  2. The data importer and the subprocessor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data processing facilities for an audit of the measures referred to in paragraph 1.

 

 

     


[1] Mandatory requirements of the national legislation applicable to the data importer which do not  go beyond what is necessary in a democratic society on the basis of one of the interests listed in Article 13(1) of Directive 95/46/EC, that is, if they constitute a necessary measure to safeguard national security, defence, public security, the prevention, investigation, detection and prosecution of criminal offences or of breaches of ethics for the regulated professions, an important economic or financial interest of the State or the protection of the data subject or the rights and freedoms of others, are not in contradiction with the standard contractual clauses. Some examples of such mandatory requirements which do not go beyond what is necessary in a democratic society are, inter alia, internationally recognised sanctions, tax-reporting requirements or anti-money-laundering reporting requirements.

 

 

Appendix 1 to the Standard Contractual Clauses

Data Processing Description

 

Data Exporter

Customer

 

Data Importer

Lender Performance Group, LLC and its Subsidiaries (including but not limited to LPG – UK Services Limited) and Affiliates

 

Data subjects

The personal data to be processed concern both the end users of the system, in addition to individuals whose personal data is supplied by the end users.

 

Categories of data

The data exporter may submit personal data to the data importer, the extent of which is determined and controlled by the data exporter in its sole discretion, and which may include, but is not limited to the following categories of Personal Data:

  • For end users of the system:
    • First and last name
    • Title
    • Position
    • Employer
    • Business contact information (email, phone, physical business address)
    • ID data
  • For personal data within the PrecisionLender system:
    • First and last name
    • Address
    • Identifying loan detail

 

Processing operations

The objective of processing personal data by the data importer is the performance of the Services provided and outlined within the Agreement.

 

Service Provider data protection contact person

As noted in the Privacy Policy posted at https://precisionlender.com/privacy-policy, any questions or concerns regarding the use or disclosure of personal information should be directed to us at privacy@precisionlender.com or by postal mail:

PrecisionLender

Attn: Director of Global Compliance

1225 Crescent Green, Suite 125

Cary, NC 27518, United States

 

 

Appendix 2

Description of the technical and organizational security measures implemented by the Data Importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached).

 

Data Importer will maintain administrative, physical, and technical safeguards for the protection of the security, confidentiality and integrity of Personal Data processed during the course of providing the Services. A copy of the security measures in place is maintained at https://support.precisionlender.com/hc/en-us/articles/360011744834-PrecisionLender-Security-Overview.

 

 

 

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