1. Introduction and Definitions

This Data Processing Agreement ("DPA") is entered into between TrustedSender ("Data Processor," "we," "our," or "us") and the customer ("Data Controller," "you," or "your") to ensure compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

1.1 Definitions

• Personal Data: Any information relating to an identified or identifiable natural person
• Processing: Any operation performed on Personal Data
• Data Subject: The individual to whom Personal Data relates
• Sub-processor: Any third party engaged by the Data Processor
• Data Breach: A breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to Personal Data

2. Scope and Nature of Processing

2.1 Processing Activities

TrustedSender processes Personal Data on behalf of the Data Controller for the following purposes:

• Email delivery and infrastructure services
• Domain management and authentication
• Email analytics and reporting
• Customer support and technical assistance
• Service improvement and optimization

2.2 Types of Personal Data

• Email addresses (sender and recipient)
• Email content and metadata
• Account information and credentials
• Usage statistics and analytics
• Support communications

2.3 Duration of Processing

Personal Data will be processed for the duration of the service agreement and retained according to our data retention policies, which comply with legal requirements and business needs.

3. Data Processor Obligations

3.1 Processing Instructions

TrustedSender will:

• Process Personal Data only on documented instructions from the Data Controller
• Ensure that persons authorized to process Personal Data have committed themselves to confidentiality
• Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk
• Assist the Data Controller in responding to Data Subject requests
• Assist the Data Controller in ensuring compliance with security, breach notification, and impact assessment obligations

3.2 Security Measures

We implement comprehensive security measures including:

• End-to-end encryption for data in transit and at rest
• Multi-factor authentication and access controls
• Regular security audits and penetration testing
• Employee security training and awareness programs
• Incident response and breach notification procedures

4. Data Controller Obligations

4.1 Lawful Basis

The Data Controller is responsible for:

• Ensuring they have a lawful basis for processing Personal Data
• Providing appropriate privacy notices to Data Subjects
• Obtaining necessary consents where required
• Responding to Data Subject rights requests
• Maintaining accurate records of processing activities

4.2 Data Quality

The Data Controller must ensure that Personal Data provided to TrustedSender is:

• Accurate, complete, and up-to-date
• Limited to what is necessary for the specified purposes
• Collected and processed in accordance with applicable laws

5. Sub-processors

5.1 Sub-processor Engagement

TrustedSender may engage Sub-processors to assist in providing services, subject to the following conditions:

• Sub-processors are bound by data protection obligations no less protective than those in this DPA
• We maintain an up-to-date list of Sub-processors
• We notify the Data Controller of any intended changes concerning Sub-processors
• The Data Controller has the right to object to Sub-processor changes

5.2 Current Sub-processors

Our current Sub-processors include:

• Cloud Infrastructure: AWS, Google Cloud (for hosting and storage)
• Payment Processing: Stripe, PayPal (for billing services)
• Analytics: Google Analytics (for service improvement)
• Support Tools: Zendesk, Intercom (for customer support)

6. Data Subject Rights

6.1 Rights Support

TrustedSender will assist the Data Controller in fulfilling Data Subject rights requests, including:

• Right to access Personal Data
• Right to rectification of inaccurate data
• Right to erasure ("right to be forgotten")
• Right to restrict processing
• Right to data portability
• Right to object to processing

6.2 Response Timeframes

We will respond to Data Subject rights requests within 30 days, with the possibility of extension for complex requests. All responses will be provided in a structured, commonly used, and machine-readable format.

7. Data Breach Notification

7.1 Breach Detection and Assessment

TrustedSender implements comprehensive monitoring and detection systems to identify potential data breaches, including:

• Real-time security monitoring and alerting
• Automated threat detection and response
• Regular security assessments and vulnerability scanning
• Employee training on breach identification and reporting

7.2 Notification Procedures

In the event of a data breach, we will:

• Notify the Data Controller without undue delay, and in any case within 72 hours
• Provide detailed information about the breach, including nature, scope, and potential impact
• Assist in breach notification to supervisory authorities where required
• Implement immediate containment and remediation measures
• Provide ongoing updates on breach investigation and resolution

8. Data Protection Impact Assessments

8.1 Assessment Support

TrustedSender will provide reasonable assistance to the Data Controller in conducting Data Protection Impact Assessments (DPIAs) and prior consultations with supervisory authorities, including:

• Providing information about our processing activities
• Assessing the necessity and proportionality of processing
• Identifying and assessing risks to Data Subjects
• Recommending appropriate safeguards and measures

8.2 Risk Mitigation

We continuously assess and mitigate risks through:

• Privacy by design and default principles
• Regular security risk assessments
• Implementation of appropriate technical and organizational measures
• Ongoing monitoring and improvement of security controls

9. Audit and Compliance

9.1 Audit Rights

The Data Controller has the right to audit TrustedSender's compliance with this DPA, including:

• On-site inspections of our facilities and systems
• Review of our security policies and procedures
• Examination of our compliance documentation
• Testing of our security controls and measures

9.2 Compliance Certifications

TrustedSender maintains several compliance certifications and frameworks:

• ISO 27001:2022: Information Security Management System
• SOC 2 Type II: Security, Availability, and Confidentiality controls
• GDPR: Full compliance with EU data protection regulations
• CCPA: Compliance with California Consumer Privacy Act

10. Data Retention and Deletion

10.1 Retention Periods

Personal Data will be retained only for as long as necessary to:

• Provide the contracted services
• Comply with legal obligations
• Resolve disputes and enforce agreements
• Maintain business records as required by law

10.2 Deletion Procedures

Upon termination of services or Data Controller request, we will:

• Delete or return all Personal Data within 30 days
• Provide written confirmation of deletion
• Ensure secure destruction of any remaining copies
• Maintain deletion records for audit purposes

11. International Data Transfers

11.1 Transfer Safeguards

For international data transfers, TrustedSender implements appropriate safeguards including:

• Standard Contractual Clauses (SCCs) for EU transfers
• Adequacy decisions for approved countries
• Binding corporate rules for intra-group transfers
• Additional technical and organizational measures

11.2 Data Localization

We offer data localization options for customers with specific requirements, ensuring data remains within preferred geographic regions and complies with local data protection laws.

12. Liability and Indemnification

12.1 Liability Limits

Each party's liability under this DPA is subject to the liability provisions of the main service agreement, with the following considerations:

• Liability for data protection violations is not limited by general liability caps
• Each party is responsible for their own compliance obligations
• Indemnification for third-party claims related to data protection violations

12.2 Indemnification

Each party agrees to indemnify the other against claims arising from their breach of this DPA or applicable data protection laws.

13. Termination and Survival

13.1 Termination

This DPA will terminate automatically upon termination of the main service agreement, subject to the survival of certain provisions.

13.2 Survival Provisions

The following provisions will survive termination:

• Data retention and deletion obligations
• Confidentiality obligations
• Liability and indemnification provisions
• Dispute resolution procedures

14. Governing Law and Dispute Resolution

14.1 Governing Law

This DPA is governed by the laws of the jurisdiction specified in the main service agreement, with due consideration for applicable data protection laws.

14.2 Dispute Resolution

Disputes arising under this DPA will be resolved through:

• Direct negotiation between the parties
• Mediation if direct negotiation fails
• Arbitration or court proceedings as specified in the main agreement

15. Contact Information

For questions about this Data Processing Agreement, please contact us:

16. Amendments and Updates

16.1 Amendment Process

This DPA may be amended to reflect changes in applicable laws or our processing practices, subject to:

• Written notice to the Data Controller
• 30-day advance notice for material changes
• Data Controller's right to object to changes
• Continued service provision during amendment discussions

16.2 Version Control

All versions of this DPA are archived and accessible upon request. The effective date is clearly displayed at the top of this document.