The Data Processing Addendum (“DPA”) forms part of Genians End User License Agreement (EULA) and Privacy Policy. The DPA is a legally binding contract that states the rights and obligations of Genians, Inc. (acting as a Data Processor. hereinafter referred to as the “Genians”) and your company (acting as a Data Controller) concerning the protection of personal data. It completes Genians’ Terms and Conditions and applies to personal data processing activities subject to General Data Protection Regulation (“GDPR”). In accordance with GDPR Article 28, Section 3, Genians data processing agreement includes assurances that:
- Genians agrees to process personal data only on written instructions of your company.
- Everyone who comes into contact with data at Genians is sworn to confidentiality.
- Genians uses appropriate technical and organizational measures are used to protect the security of the data.
- Genians may engage subprocessors including Genians’ affiliates to provide aspects of the Genians cloud-based services and related technical support. (Refer to the Annex 1. C. Genians Subprocessor)
- Genians will not subcontract to another processor unless instructed to do so in writing by your company, in which case another DPA will need to be signed with the sub-processor (pursuant to Sections 2 and 4 of Article 28).
- Genians will help your company uphold its obligations under the GDPR, particularly concerning data subjects’ rights.
- Genians will help your company maintain GDPR compliance with regard to Article 32 (security of processing) and Article 36 (consulting with the data protection authority before undertaking high-risk processing).
ANNEX I
Processing Details
A. List of Parties
Data Controller:
- Name: Customer as specified in the Genians product license and online service agreement.
- Address: as on agreement
- Contact person’s name, position and contact details: as on agreement
- Activities relevant to the data transferred under these Clauses: Provision of Genians services to customer pursuant to the agreement.
- Signature and date: as specified in the Genians product license and online service agreement.
Genians (Data Processor):
- Name: Genians, Inc.
- Address: 12F A, Pyeongchon HIFIELD Knowledge industrial Center, 66 Beolmal-ro, Dongan-gu. Anyang-si, Gyeonggi-do, 14057, South Korea
- Contact person’s name, position and contact details:
- Job Title: Chief Privacy Officer
- Full name: Young-Kwon Kim
- Email: kimpd@genians.com
- Phone: +82-31-8084-9770 (EXT.685)
- Activities relevant to the data transferred under these Clauses: as specified in the Genians product license and online service agreement.
- Signature and date: as specified in the Genians product license and online service agreement.
B. Description of Transfer
- Categories of personal data transferred
- Contact information including business name, full name, job title, email, phone, business address
- Account information: User ID (the same as email), Any passwords information not included
- Device Information: IP, MAC, HTTP / HTTPS header and body Web Browser User-Agent, TELNET / SSH / SMTP banners, Open Port, SNMP OID / Description, SIP (>> Learn more).
- Categories of data subjects whose personal data is transferred
- Customers, partners, employees, agents, advisors
- End-users or other data subjects that are users of data exporter’s network, systems, or devices
- Business & Technology partners, stakeholders or individuals who actively collaborate, communicate or otherwise interact with employees of data exporter or use data exporter’s systems, network or devices
- The frequency of the transfer
- One off basis as required for the performance of the Genians customer support and professinal services as set forth in the license agreement.
- Continuous transfer during the use of the Genians Cloud services.
C. Genians Subprocessor
| Name | Country | Type of Personal Data Processed | Purpose |
|---|---|---|---|
| Amazon Web Services (AWS) | USA | Information listed in Categories of personal data transferred | Genian NAC Cloud-managed services and Device Platform Intelligence |
| Slack Technologies, LLC | USA | Contact, Device, Network Information | Support communications with customers and partners and It may include customer information |
| Jira Software - Atlassian | Australia | Contact, Device, Network Information | Support communications with customers and partners and It may include customer information |
| Zoho Books and CRM | USA | Contact, invoice related information | Customer contracting and invoicing |