Data Processing Agreement.

Last updated: April 25, 2022 

This Data Processing Agreement (“DPA”) is an agreement between EQ Supplies AB (“EQ Suplies”) and you, the participant in the study. You enter into this DPA on your own behalf. 

The parties agree as follows:

1. Definitions

“Control” means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term “Controlled” shall be construed accordingly. 

“Controller” means an entity that determines the purposes and means of the processing of Personal Data.

“Your Data” means any data provided by you that EQ Supplies and/or its contractors or Sub-contractors processes. 

“Data Protection Laws” means all data protection and privacy laws and regulations applicable to the processing of Personal Data under this Agreement, including, where applicable, EU Data Protection Law. 

“EU Data Protection Law” means (i) prior to May 25, 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data (“Directive”) and on and after May 25, 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (“GDPR”); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (in each case, as may be amended, superseded or replaced). 

“Personal Data” means any of your Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under applicable Data Protection Law. 

“Privacy Shield” means the EU-US and Swiss-US Privacy Shield Frameworks, as administered by the U.S. Department of Commerce. 

“Privacy Shield Principles” means the Privacy Shield Framework Principles (as supplemented by the Supplemental Principles) contained in Annex II to the European Commission Decision of 12 July 2016 pursuant to the Directive, details of which can be found at www.privacyshield.gov/eu-us-framework

“Processor” means an entity that processes Personal Data on behalf of the Controller. 

“Processing” has the meaning given to it in the GDPR and “process”, “processes” and “processed” shall be interpreted accordingly. 

“Security Incident” means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Personal Data. 

“Services” means any product or service provided by EQ Supplies. 

“Sub-processor” means any Processor engaged by EQ Supplies or its Affiliates to assist in fulfilling its obligations with respect to providing the Services pursuant to the Agreement or this DPA. Sub-processors may include third parties or any EQ Supplies Affiliate.

2. Scope and Applicability of this DPA

2.1 This DPA applies where and only to the extent that EQ Supplies processes Personal Data of Participants in the study. Such Personal Data is subject to Data Protection Laws of the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom. The parties agree to comply with the terms and conditions in this DPA in connection with such Personal Data. 

2.2 Role of the Parties. As between EQ supplies and You, EQ Supplies is the Controller and Processor of Personal Data. Nothing in this DPA shall prevent EQ Supplies from using or sharing any data that EQ Supplies would otherwise collect and process independently of your involvement with EQ Supplies. 

2.3 EQ Supplies’ processing of Personal Data. As a Processor, EQ Supplies shall process Personal Data only for the following purposes: (i) processing to conduct research on Stress in the Workplace; and (ii) to comply with other reasonable requirements as considered by EQ Supplies to the extent they are consistent with GDPR regulation. 

2.4 Nature of the Data.  EQ Supplies handles your Data provided by you. Such Data may contain special categories of data depending on the nature of the Survey. The Data may be subject to the following process activities: (i) storage and other processing necessary to provide, maintain and improve the Services offered by EQ Supplies, including but not limited to personnel selection, employee management, psychometric testing, stress management, and human resources management; (ii) to provide technical support to the customers of EQ Supplies; and (iii) disclosures as required by law.

3. Subprocessing

3.1 Authorized Sub-processors.  You agree that EQ Supplies may engage Sub-processors to process Personal Data on EQ Supplies’ behalf.

3.2 Sub-processor Obligations. EQ Supplies shall: (i) enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect the Personal Data to the standard required by Data Protection Laws; and (ii) remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Sub-processor that cause EQ Supplies to breach any of its obligations under this DPA. 

3.3 Changes to Sub-processors.  EQ Supplies shall provide You reasonable advance notice (for which email shall suffice) if it adds or removes Sub-processors. 

3.4 Objection to Sub-processors.  You may object in writing to EQ Supplies’ appointment of a new Sub-processor on reasonable grounds relating to data protection by notifying EQ Supplies promptly in writing within five (5) calendar days of receipt of EQ Supplies’ notice in accordance with Section 3.3. Such notice shall explain the reasonable grounds for the objection. In such event, the parties shall discuss such concerns in good faith with a view to achieving commercially reasonable resolution.

4. Security

4.1 Security Measures.  EQ Supplies shall implement and maintain appropriate technical and organizational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data, in accordance with EQ Supplies’ security standards described in Annex A (“Security Measures”). 

4.2 Confidentiality of Processing.  EQ Supplies shall ensure that any person who is authorized by EQ Supplies to process Personal Data (including its staff, agents, contractors, and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty). 

4.3 Security Incident Response. Upon becoming aware of a Security Incident, EQ Supplies shall notify You without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by You. 

4.4 Updates to Security Measures. You acknowledge that the Security Measures are subject to technical progress and development and that EQ Supplies may update or modify the Security Measures from time to time.

5. Security Reports and Audits

5.1 EQ Supplies shall maintain records of its security standards. Upon your written request, EQ Supplies shall provide (on a confidential basis) copies of relevant external ISMS certifications, audit report summaries and/or other documentation reasonably required by You to verify EQ Supplies’ compliance with this DPA.

6. International Transfers

6.1 Processing Locations. EQ Supplies stores and processes EU Data (defined below) in data centers located inside and outside the European Union. All of your Data may be transferred and processed in the United States and anywhere in the world where EQ Supplies, its Affiliates and/or its Sub-processors maintain data processing operations. EQ Supplies shall implement appropriate safeguards to protect the Personal Data, wherever it is processed, in accordance with the requirements of Data Protection Laws. 

6.2 Transfer Mechanism: Notwithstanding Section 6.1, to the extent EQ Supplies processes or transfers (directly or via onward transfer) Personal Data under this DPA from the European Union, the European Economic Area and/or their member states and Switzerland (“EU Data”) in or to countries which do not ensure an adequate level of data protection within the meaning of applicable Data Protection Laws of the foregoing territories, the parties agree that EQ Supplies shall be deemed to provide appropriate safeguards for such data by virtue of having certified its compliance with the Privacy Shield and EQ Supplies shall process such data in compliance with the Privacy Shield Principles. Customer hereby authorises any transfer of EU Data to, or access to EU Data from, such destinations outside the EU subject to any of these measures having been taken.

7. Return or Deletion of Data

7.1 Upon your request, all Personal Data shall be deleted, save that this requirement shall not apply to the extent EQ Supplies is required by applicable law to retain some or all of the Personal Data, or to Personal Data it has archived on back-up systems, which such Personal Data EQ Supplies shall securely isolate and protect from any further processing, except to the extent required by applicable law.

8. Miscellaneous 

8.1 In no event shall any party limit its liability with respect to any individual’s data protection rights under this DPA or otherwise. 

8.2 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions of Sweden, unless required otherwise by Data Protection Laws.

Annex A – Security Measures

Available upon request.