Skip to main content

ScrapingAnt

Data Processing Agreement

This ScrapingAnt Data Processing Agreement (“DPA”) supplements the ScrapingAnt Terms of Use (“Terms”), the agreement between you (“Customer”, “you”, “your”) and ScrapingAnt (“we”, “us”, “our”) which is governing your use of the Services when the General Data Protection Regulation (GDPR) applies to your use of the Services, hereinafter referred to individually as a “Party” or together as the “Parties”.

Unless otherwise defined in this DPA, all capitalised terms used in this DPA will have the meanings set forth in the ScrapingAnt Terms of Use.

This DPA shall remain in force until the termination of the Terms between you and us governing your use of the Services.

1. Roles and Responsibilities​

If GDPR applies to your processing of Customer Data, you acknowledge and agree that with regard to the processing of Customer Data, you are a controller and we are a processor (as defined by the GDPR) acting on your behalf, as further described in Annex A of this DPA. This DPA shall not apply to situations where we act as a controller in accordance with ScrapingAnt’s Privacy Policy.

2. Instructions​

2.1. Customer Instructions​

The Parties agree that this DPA and the Terms (including the provision of instructions via APIs made available by us for the Services) constitute your complete and final documented instructions regarding our processing of Customer Data on your behalf (“Instructions”).

2.2. Additional instructions​

Additional instructions outside the scope of the Instructions and provided Services shall require prior written agreement between you and us. You are entitled to terminate this DPA if we decline to follow your additional instructions that are outside the scope of those given or agreed to be given in this DPA.

3. Your obligations​

Within the scope of the DPA and Terms and your use of the Services, you will be solely responsible for complying with all requirements that apply to you under the GDPR and other applicable worldwide data protection and privacy legislation (“Non-EU Data Protection Laws”).

You represent and warrant that you will be solely responsible for: (i) the accuracy, quality, integrity, confidentiality and security of collected Customer Data; (ii) complying with all necessary transparency, lawfulness, fairness and other requirements under GDPR and Non-EU Data Protection Laws for the collection and use of the personal data, including determining lawful basis for processing and obtaining any necessary consents; (iii) ensuring that your instructions to us regarding the processing of Customer Data (“Instructions“) comply with the GDPR and Non-EU Data Protection Laws, including complying with principles of data minimisation, purpose and storage limitation; and (iv) complying with all applicable laws, rules, regulations (including GDPR and Non-EU Data Protection Laws) in respect to any Instructions you issue to us.

4. Our obligations​

4.1. Security measures​

We shall implement and maintain appropriate technical and organisational measures to protect Customer Data from personal data breaches (“Security Incidents“), in accordance with our security standards described in Annex B. You acknowledge that security measures are subject to technical progress so that we may modify or update Annex B at our sole discretion provided that such modification or update does not result in a material degradation in the security measures offered by Annex B.

4.2. Security Incident​

Upon becoming aware of a Security Incident, we shall: (i) notify you without undue delay after we become aware of the Security Incident; (ii) provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by you; and (iii) promptly take reasonable steps to contain and investigate any Security Incident so that you can notify competent authorities and/or affected individual to whom personal data relates (“Data Subject“) of the Security Incident.

Our notification of or response to a Security Incident shall not be construed as an acknowledgement by us of any fault or liability regarding the Security Incident.

4.3. Confidentiality​

We 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 legal obligations or binding order of a public body (such as subpoena or court order).

We shall ensure that any our employee/contractor whom we authorize to access Customer Data on our behalf is subject to appropriate confidentiality contractual or statutory duty obligations with respect to Customer Data.

4.4. Return or deletion of Customer Data​

Upon termination or expiration of the Terms concluded between you and us, we shall delete all Customer Data in our possession or control; except that this requirement shall not apply to the extent, we are required by applicable law to retain some or all of the Customer Data.

5. Data Subject Request​

In the event that a Data Subject contacts us with regard to deletion of its personal data, we will use all reasonable efforts to forward such request to you. If we are legally required to respond to such request, we shall immediately notify you and provide you with a copy of the request unless we are legally prohibited from doing so.

Nothing in this DPA shall restrict us from responding to any Data Subject requests in relation to personal data for which we act as a controller.

6. Sub-processors​

You agree that we may engage other processors (“sub-processor“) to assist in fulfilling our obligations with respect to the provision of the Services under the Terms.

When we engage a sub-processor, we enter into a written agreement with the sub-processor and impose data protections terms on the sub-processor that provide at least the same level of protection for Customer Data as those in this DPA. We will remain fully liable to you for any acts or omissions of the sub-processors that cause us to breach any of our obligations under this DPA.

7. Transfers of Customer Data​

We agree to abide and process Customer Data protected by GDPR in compliance with the standard contractual clauses approved by the European Commission decision 2010/87/EC (the “Clauses”) in order to adduce adequate safeguards with respect to protection of privacy and fundamental rights and freedoms of natural and legal persons for transfer by the data exporter to the data importer of personal data specified in the form set out in Annex C.

For the purposes of the descriptions in the Clauses, we agree that we are the “data importer” and you are the “data exporter”.

This agreement comes into effect from the time of purchase of the ScrapingAnt subscription. It expires with cessation of the Customer's ScrapingAnt subscription.

Annex A

Details of the Data Processing

This Annex A forms part of this DPA.

1. Subject matter​

The subject matter of the data processing under this DPA is Customer Data.

2. Purpose and nature of the processing​

The purpose of the data processing under this DPA is the provision of the Services initiated by you pursuant to the Terms.

3. Duration of the processing​

Subject to the Section 4.4 of this DPA, we will process Customer Data for the duration of the Terms concluded between you and us, unless otherwise agreed in writing or we are required by applicable law to retain some or all of the Customer Data.

4. Categories of Data Subjects and type of Customer Data​

We follow your instructions to collection of Customer Data according to the Terms and this DPA, the extent of which is determined and controlled by you at your sole discretion in accordance with all applicable laws, rules, regulations (including GDPR and Non-EU Data Protection Laws).

5. Special categories of personal data​

We do not want to, nor do intentionally, collect or process any special category data in connection with the provision of the Services.

Annex B

Technical and Organisational Security Measures

This Annex B forms part of this DPA.

In this Annex B, we provide information about technical and organisational security measures implemented by us in accordance with Clauses 4(d) and 5(c) of the Annex C, as follows:

1. Secure Customer Data processing​

We host our Services with cloud infrastructure providers.

We maintain contractual relationships (including, but not limited to Data Processing Agreement, Standard Contractual Clauses) with them in order to provide the Services with appropriate security measures pursuant to our Terms and DPA.

We rely on our contractual agreements with them, information and data security policies, compliance programs, results of certifications and/or audits in order to ensure an appropriate level of Customer Data security.

2. Customer Data access​

A subset of our employees/contractors have access to the Customer Data. We provide access to the Customer Data to those employees/contractors who have a signed Non-Disclosure Agreement (NDA) with us, as well as the permission obtained from us to exercise access to Customer Data. When an employee/contractor no longer has the permission to access to Customer Data, the access is immediately revoked.

We implement industry standard access controls and detection capabilities for the internal networks that support our Services. The technical security measures implemented include Virtual Private Network (VPN) implementations, full disk encryption, authentication of employees/contractors and other traditional security standards and rules.

3. HTTPS Encryption​

We use HTTPS encryption in accordance with industry standard algorithms and certificates. In addition, we store user passwords following industry standard practices for security and implemented technologies to ensure that stored Customer Data is encrypted.

4. Backup and Recovery technologies​

We use backup and recovery technologies for failover protections during a processing data failure. In the event of processing data failure, Customer Data is backed up to multiple durable data stores.

5. Physical, environmental security and certification​

The physical and environmental security controls of cloud infrastructure providers with whom we host our Services are audited for the ISO 27001 certification, the ISO 27017 certification, ISO 27018 certification compliance (or other documentation evidencing compliance with such standards as are substantially equivalent to ISO 27001, ISO 27017, ISO 27018), among other certifications.

Annex C

Standard Contractual Clauses

This Annex C forms part of this DPA.

For the purposes of the descriptions in this Annex C, we agree that we are the “data importer” and you are the “data exporter”.

The Parties have agreed on the following contractual clauses approved by the European Commission decision 2010/87/EC (the “Clauses”) in order to adduce adequate safeguards with respect to protection of privacy and fundamental rights and freedoms of natural and legal persons for transfer by the data exporter to the data importer of personal data.

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 the General Data Protection Regulation (GDPR) 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;
  • d. “the sub-processor” means any processor engaged by the data importer or by any other sub-processor of the data importer who agrees to receive from the data importer or from any other sub-processor 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 the data controller because of collecting and monitoring the professional behaviour of natural persons in the EU;
  • 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 sub-processor 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 sub-processor 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 Clauses;
  • 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 the GDPR;
  • g. to forward any notification received from the data importer or any sub-processor 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 sub-processing 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 sub-processing, the processing activity is carried out in accordance with Clause 11 by a sub-processor 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; that it will ensure compliance with Clause 4(a) to (j); and
  • j. that it will ensure compliance with Clause 4(a) to (i).

Clause 5. Obligations of the Data Importer​

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:

    • i. 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;
    • ii. any accidental or unauthorised access; and
    • iii. 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 sub-processing, 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 sub-processing, it has previously informed the data exporter and obtained its prior written consent;

  • i. that the processing services by the sub-processor will be carried out in accordance with Clause 11;

  • j. to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data exporter;

  • k. subject to receipt of a request to know or a request to delete from a consumer of the data exporter, to either act on behalf of the data exporter in responding to the request or inform the consumer that the request cannot be acted upon because the request has been sent not 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 sub-processor 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 sub-processor 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.
  3. The data importer may not rely on a breach by a sub-processor of its obligations in order to avoid its own liabilities.
  4. 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 sub-processor 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 sub-processor agrees that the data subject may issue a claim against the data sub-processor 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 sub-processor 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:

    a. to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;

    b. 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 sub-processor, 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 of sub-processor preventing the conduct of an audit of the data importer 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, namely, the Republic of Poland.

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. Sub-processing​

  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 sub-processor which imposes the same obligations on the sub-processor as are imposed on the data importer under the Clauses. Where the sub-processor 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 sub-processor’s obligations under such agreement.
  2. The prior written contract between the data importer and the sub-processor 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 sub-processor shall be limited to its own processing operations under the Clauses.
  3. The provisions relating to data protection aspects for sub-processing 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, namely, the Republic of Poland.
  4. The data exporter shall keep a list of sub-processing 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 sub-processor 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 sub-processor 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.

Appendix 1 to the Standard Contractual Clauses

This Appendix forms part of the Clauses and must be completed by the Parties.

Data exporter​

The data exporter is the entity identified as “Customer” and “you” in the DPA, a controller.

Data importer​

The data importer is DATAANT SP. Z O.O., a processor.

Data subjects​

Data subjects are defined in Annex A of the DPA.

Categories of data​

The personal data is defined in Annex A of the DPA.

Processing operations​

The processing operations are defined in Annex A of the DPA.

Appendix 2 to the Standard Contractual Clauses

This Appendix forms part of the Clauses and must be completed by the Parties.

Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached):

The technical and organisational security measures implemented by the data importer are as described in Annex B of the DPA.