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Home » Data Processing Agreement
This Data Processing Agreement (the “DPA”), entered into by the Mimeo customer identified on the applicable Mimeo services agreement (“Customer”) and the Mimeo company, subsidiary company, or affiliate company identified on the Mimeo services agreement (“Mimeo”), governs the processing of personal data that Customer uploads or otherwise provides Mimeo in connection with the services and the processing of any personal data that Mimeo uploads or otherwise provides to Customer in connection with the services. The parties agree to comply with the following provisions with respect to any Personal Data, each acting reasonably and in good faith.
This DPA is incorporated into the relevant Mimeo services agreement previously executed by Customer, referred to generically in this DPA as the “Mimeo Contract”. Collectively, the DPA (including the SCCs, as defined herein), the Mimeo Contract, and any applicable Mimeo forms are referred to in this DPA as the “Agreement”. In the event of any conflict or inconsistency between any of the terms of the Agreement, the provisions of the following documents (in order of precedence) shall prevail: (a) the SCCs; (b) this DPA; (c) the Mimeo Contract. Except as specifically amended in this DPA, the Mimeo Contract and if applicable, any Mimeo forms, remain unchanged and in full force and effect. This DPA shall not replace any comparable or additional rights relating to Processing of Customer Data contained in the Mimeo Contract (including any existing data processing addendum to the Mimeo Contract).
“Business Purpose” the services described in the applicable Mimeo services agreement.
“CCPA” means the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq., and its implementing regulations.
“Controller-to-Controller SCCs” means the Standard Contractual Clauses (Controller to Controller Transfers – Set II) in the Annex to the European Commission Decision of December 27, 2004, as may be amended or replaced from time to time by the European Commission.
“Controller-to-Processor SCCs” means the Standard Contractual Clauses (Processors) in the Annex to the European Commission Decision of February 5, 2010, as may be amended or replaced from time to time by the European Commission.
“Customer Personal Data” means Personal Data (i) that Customer uploads or otherwise provides to Mimeo in connection with its use of Mimeo’s services or (ii) for which Customer is otherwise a data controller.
“Data Controller” means Customer.
“Data Processor” means Mimeo.
“Data Protection Requirements” means the Directive, the General Data Protection Regulation, Local Data Protection Laws, any subordinate legislation and regulation implementing the General Data Protection Regulation, and all Privacy Laws.
“Data Subject” an individual who is the subject of Personal Data.
“Directive” means the EU Data Protection Directive 95/46/EC (as amended).
“EU Personal Data” means Personal Data the sharing of which pursuant to this Agreement is regulated by the Directive, the General Data Protection Regulation and Local Data Protection Laws.
“General Data Protection Regulation or GDPR” means the Regulation (EU) 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), including as implemented or adopted under the laws of the United Kingdom.
“Local Data Protection Laws” means any subordinate legislation and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, Switzerland, the United Kingdom and the United States and its states, applicable to the Processing of Personal Data under the Agreement as amended from time to time.
“Personal Data” means information about an individual that (a) can be used to identify, contact or locate a specific individual, including data that Customer chooses to provide to Mimeo from services; (b) can be combined with other information that can be used to identify, contact or locate a specific individual; or (c) is defined as “personal data” or “personal information” by applicable laws or regulations relating to the collection, use, storage or disclosure of information about an identifiable individual.
“Personal Data Breach” means any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Personal Data.
“Privacy Laws” means all applicable laws, regulations, and other legal requirements relating to (a) privacy, data security, consumer protection, marketing, promotion, and text messaging, email, and other communications; and (b) the use, collection, retention, storage, security, disclosure, transfer, disposal, and other processing of any Personal Data.
“Processing, processes, and process” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Standard Contractual Clauses (SCCs)” means all Controller-to-Processor SCCs and Controller-to-Controller SCCs entered into between the parties under the Agreement, if applicable; or the European Commission’s Standard Contractual Clauses for the transfer of Personal Data pursuant to the European Commission’s decision (C92010)593) of 5 February 2010 on Standard Contractual Clauses for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection.
“Subprocessor” means any entity which provides processing services to Mimeo in furtherance of Mimeo’s processing on behalf of Customer.
“Supervisory Authority” means an independent public authority which is established by a European Union member state pursuant to the General Data Protection Regulation or, for the United Kingdom, the Information Commissioner’s Office (“ICO”).
Each party agrees to process Personal Data received under the Agreement only for the purposes set forth in the Agreement. Schedule A describes the general Personal Data categories and Data Subject types Mimeo may process to fulfil the Business Purposes of the Agreement.
The parties shall each comply with their respective obligations under all applicable Data Protection Requirements.
Customer agrees to:
5. MIMEO OBLIGATIONS
6. AUDIT, CERTIFICATION
The parties agree that upon Customer’s reasonable written request, Mimeo shall, and shall cause any Subprocessors to, at the choice of Customer, return all the Customer Personal Data and copies of such data to Customer or securely destroy them and demonstrate to the satisfaction of Customer that it has taken such measures, unless Data Protection Requirements prevent Mimeo from returning or destroying all or part of the Customer Personal Data disclosed. In such case, Mimeo agrees to preserve the confidentiality of the Customer Personal Data retained by it and that it will only actively process such Customer Personal Data after such date in order to comply with applicable laws.
Customer acknowledges that in the provision of some services, Mimeo, on receipt of instructions from Customer, may transfer Customer Personal Data to and otherwise interact with third party data processors. Customer agrees that if and to the extent such transfers occur, Customer is responsible for entering into separate contractual arrangements with such third party data processors binding them to comply with obligations in accordance with Data Protection Requirements. For the avoidance of doubt, such third-party data processors are not Subprocessors.
Notwithstanding anything in the Agreement to the contrary, this DPA shall be governed by the laws of England and Wale, without regard to its conflict of laws principles.
Notwithstanding anything in the Agreement to the contrary, this DPA shall be governed by the laws of England and Wales, without regard to its conflict of laws principles.
ANNEX B – DESCRIPTION OF THE TRANSFER
Depending on the services used by the data exporter:
The transfer is intended to enable the data exporter to determine the purposes and means of the processing of personal data obtained through data importer’s Mimeo brands for print and digital content distribution services, or other business practices of the data exporter.
The data transferred is the personal data provided by the data exporter to the data importer in connection with its use of Mimeo’s print on-demand, Mimeo Marketplace, Mimeo Digital, warehousing and fulfilment and document distribution services, referred to as Customer Personal Data in the Mimeo agreement. Such personal data may include first name, last name, email address, contact information, and any notes provided by the data exporter regarding the foregoing.
Employees and other representatives of the data importer who have a legitimate business purpose for the processing of such personal data.
The personal data transferred between the parties may only be retained for the period of time permitted under the Agreement. The parties agree that each party will, to the extent that it, along with the other party, acts as a data controller with respect to Personal Data, reasonably cooperate with the other party to enable the exercise of data protection rights as set forth in the Data Protection Requirements.
Data importer: DPO@mimeo.com
Data exporter: Signatory to the Agreement between the parties
Mimeo Confidential and Proprietary
(Revision February 2021)
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