Data Processing Agreement (DPA)

Last updated on: 22, May, 2019

This processing agreement applies to all forms of processing of personal data that Knaken Cryptohandel B.V., established in Rotterdam, registered with the Chamber of Commerce under number 70149054, (hereinafter: Processor) carries out for the benefit of a counterparty to whom it provides services (hereinafter: Controller).
Hereinafter jointly referred to as 'Parties';
Considering:

A. Parties have entered into an agreement regarding hosting services and domain name registrations, hereinafter referred to as: "Agreement". In order to execute the Agreement, Processor processes Personal Data for the Controller;
B. Parties wish to handle the Personal Data that are (will be) processed in order to execute the Agreement with care and in accordance with the GDPR and other Applicable laws and regulations regarding the Processing of Personal Data;
C. In accordance with the GDPR and other Applicable laws and regulations regarding the Processing of Personal Data, the Parties wish to record their rights and obligations with regard to the Processing of Personal Data of Data Subjects in writing in this Processor Agreement.
D. Only the Controller determines the purpose of and the means for the processing of personal data and the Processor has no influence on this; Have agreed as follows:

1. DEFINITIONS

1.1 Data Subject: the person to whom a Personal Data relates.
1.2 Data Leak: a breach of the security of Personal Data that has serious adverse consequences for the protection of Personal Data.
1.3 Personnel: the persons to be engaged by the Parties for the performance of this Processor Agreement, who will work under their responsibility.
1.4 Personal Data: any data relating to an identified or identifiable natural person. This term also includes (traceable) pseudonymised personal data. 1.5 Subprocessor: third party engaged by Processor to process Personal Data on behalf of Processor, without being subject to the direct authority of Processor.
1.6 Controller: the controller of the Processing within the meaning of the Personal Data Protection Act (WBP) and/or European regulations and directives regarding the protection of personal data (AVG).
1.7 Processor: the party that processes Personal Data on behalf of the Controller without being subject to his direct authority.
1.8 Processing: any action or set of actions with regard to Personal Data, including in any case the collection, recording, organization, storage, updating, modification, retrieval, consultation, use, provision by means of forwarding, distribution or any other form of making available, combining, linking, as well as the shielding, erasure or destruction of data.

2. SUBJECT

2.1 If Processor only has access to the Personal Data, without an obligation to process it, Processor will observe both national and international laws and regulations regarding personal data and the provisions of this Processor Agreement; if and to the extent that Controller has informed Processor in advance and in a timely manner of the presence of Personal Data and the location (path) where this Personal Data is located.
2.2 If Processor has committed itself in the Agreement to process Personal Data, Processor will do so with great care and in accordance with the purposes of the processing and will observe both national and international laws and regulations regarding personal data and the provisions of this Processor Agreement; if and to the extent that Controller has informed Processor in advance and in a timely manner of the presence of Personal Data and the location where this Personal Data is located.

3. OBLIGATIONS OF THE DATA CONTROLLER

3.1 The Data Controller will notify the Processor of any changes to the Processing (if applicable) and any consequences thereof in a timely manner, in principle within 10 working days.
3.2 The Data Controller guarantees that the order to Process the Personal Data (if applicable) is not unlawful and does not infringe the rights of third parties.

4. OBLIGATIONS OF THE PROCESSOR

4.1 The Processor will only view and/or process the Personal Data if and to the extent that this is necessary for the performance of the Agreement and will follow all reasonable instructions from the Data Controller.
4.2 The Processor will not store the Personal Data at a location outside the European Economic Area. For domain registrations, it may be necessary to transfer personal data to countries outside the European Economic Area. This is