GDPR Data Protection Policy

Data Processing Addendum

This Data Processing Addendum (“DPA”) supplements the Terms of Use (“TOU”), as updated from time to time between you (together with subsidiary(ies) and affiliated entities, collectively, “Customer”) and ThinkerMediaGroup (together with subsidiary(ies), collectively) (hereinafter collectively referred to as “Parties” and individually “Party”) when the GDPR applies to the Customer’s use of ThinkerMediaGroup’s Services to process Customer data.This DPA is effective from the date the Customer agrees with the terms and conditions of the TOU. If there is any conflict between this DPA and the TOU, the relevant terms of this DPA take precedence.

1.1. “Account Data” means information about the Customer that the Customer provides to ThinkerMediaGroup in connection with the creation or administration of its accounts, such as first and last name, user name and email address of an Authorized User or Customer’s billing contact. The Customer shall ensure that all Account Data is current and accurate at all times during the term of the TOU.
1.2. “Authorized User” means an individual employee, agent or contractor of the Customer for whom subscriptions to Services have been granted pursuant to the terms of the TOU.
1.3. “Customer Credentials” means access passwords, keys or other credentials used by the Customer in connection with the Services.
1.4. “Customer Data” means any Personal Data that <Company Name> Processes on behalf of the Customer as a Data Processor in the course of providing its Services.
1.5. “Data Controller” means an entity that determines the purposes and means of the Processing of Personal Data.
1.6. “Data Processor” means an entity that Processes Personal Data on behalf of a Data Controller.
1.7. “Data Protection Laws” means all data protection and privacy laws and regulations of the EU, EEA and their member states, applicable to the Processing of Personal Data.
1.8. “Data Subject” means the identified or identifiable person to whom Personal Data relates.
1.9. “EEA” means the European Economic Area, the United Kingdom, and Switzerland.
1.10. “EU” means the European Union.
1.11. “GDPR” means (a) the Regulation (EU) 2016/679 of the European Parliament and 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), and (b) the United Kingdom General Data Protection Regulation.

1.12. “Personal Data” means any information relating to an identified or identifiable natural person as defined in the GDPR.
1.13. “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction. “Process”, “Processes” and “Processed” shall be interpreted accordingly.
1.14. “Processor” means a natural or legal person, public authority, agency, or any other body which Processes Personal Data on behalf of the Data Controller.
1.15. “SCC” means the standard contractual clauses as approved by the European Commission.
1.16. “Services” means any product or service provided by <Company Name> pursuant to <Company Name>’s TOU.
1.17. “Sub-Processor” means any third-party Processor engaged by ThinkerMediaGroup

2.1. ThinkerMediaGroup has agreed to enter into this DPA based on the Customer’s belief that Customer Data may include Personal Data that originates from EU/EEA and/or that is otherwise subject to the GDPR. Accordingly, this DPA supplements the TOU and applies exclusively to ThinkerMediaGroup’s Processing of Customer Data in providing Services under the TOU to the Customer.
2.2. ThinkerMediaGroup agrees to comply with the following provisions with respect to any Personal Data Processed for the Customer in connection with the provision of the Services.
2.3. The Parties agree that with regard to the Processing of Personal Data, ThinkerMediaGroup is the Data Controller and as well as Data Processor, acting on behalf of the Customer, as further described in Annex 1 (“Details of Data Processing”) of this DPA. Each Party will comply with its respective obligations under EU Data Protection Law.

3.1. ThinkerMediaGroup is responsible for the control of Personal Data and must comply with its obligations as a Data Controller under Data Protection Laws, in particular for justification of any transfer of Customer Data and its decisions and actions regarding the Processing and use of Personal Data.
3.2. ThinkerMediaGroup agrees that it has provided notice and received all consents and rights necessary under Data Protection Laws to Process Customer Data and provide the Services.

4.1. By entering into this DPA, the Customer instructs ThinkerMediaGroup to Process Customer Data to provide the Services in accordance with the features and functionality of the Services.

4.2. In connection with ThinkerMediaGroup’s delivery of the Services to the Customer, ThinkerMediaGroup shall Process certain categories and types of the Customer data, only for the purposes described in this DPA and only in accordance with the Customer’s documented lawful instructions, including with regard to transfers of Customer data to a third country or an international organization, unless required to do so by EU or Member State of the EU law to which ThinkerMediaGroup is subject. In such a case, ThinkerMediaGroup shall inform the Customer of that legal requirement before Processing, unless that law prohibits such information on important grounds of public interest.
4.3. The Parties agree that this DPA sets out the Customer’s complete and final instructions to <Company Name> in relation to the Processing of Customer Data. The Processing outside the scope of these instructions shall require a prior written agreement between Customer and ThinkerMediaGroup.

5.1. Without limiting its responsibilities under the TOU, the Customer is solely responsible for: (a) Account Data, Customer Data and Customer Credentials (including activities conducted with Customer Credentials), subject to ThinkerMediaGroup’s Processing obligations under the TOU and this DPA; (b) providing any notices required by EU Data Protection Law to, and receiving any required consents and authorizations required by EU Data Protection Law from, persons whose Personal Data may be included in Account Data, Customer Data or Customer Credentials; and (c) ensuring no Personal Data relating to criminal convictions and offenses (GDPR Article 10) are submitted for Processing by the Services.

6.1. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of Data Subjects, ThinkerMediaGroup shall in relation to Customer Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk (including those outlined in Annex 2, “Security Measures”). In assessing the appropriate level of security, ThinkerMediaGroup shall take into account the risks that are presented by Processing Customer Data including, in particular, the risks presented by a Customer Data Breach (as defined in Section 10).

7.1. The Customer acknowledges and agrees that ThinkerMediaGroup may engage third-party Sub-Processors in connection with the provision of Services, and hereby consents to ThinkerMediaGroup’s use of Sub-Processors. As a condition to permitting a third-party Sub-Processor to Process Customer Data, ThinkerMediaGroup will enter into a written agreement with the Sub-Processor containing data protection obligations no less protective than those in this DPA with respect to Customer Data. ThinkerMediaGroup will restrict its Sub-Processors’ access to only what is necessary to maintain the Services or to provide the Services to Customers. Subject to this Section 7, ThinkerMediaGroup reserves the right to engage and substitute Sub-Processors as it deems appropriate, but shall: (a) remain responsible to the Customer for the provision of the Services and (b) be liable for the actions and omissions of its Sub-Processors undertaken in connection with ThinkerMediaGroup’s performance of this DPA to the same extent ThinkerMediaGroup would be liable if performing the Services directly.
7.2. Upon the Customer’s request by email to, ThinkerMediaGroup will provide the Customer with a list of then-current third-party Sub-Processors and the nature of the services they provide. The Customer can find an up-to-date list of Sub-Processors in Annex 3 of this DPA. The Customer may object to any new Sub-Processor on reasonable legal grounds (the “Objection Notice”) relating to the protection of the Customer Data, in which case ThinkerMediaGroup shall have the right to satisfy the objection through one of the following:
(a) ThinkerMediaGroup will cancel to use the Sub-Processor with regard to Customer Data or will offer an alternative to provide the Services without such Sub-Processor;
(b) ThinkerMediaGroup will take the corrective steps requested by the Customer in its Objection Notice (which removes the Customer’s objection) and proceed to use the Sub-Processor with regard to Customer Data; or
(c) ThinkerMediaGroup may cease to provide, or the Customer may agree not to use (temporarily or permanently), the particular aspect of the Services that would involve the use of such Sub-Processor with regard to Personal Data, subject to a mutual agreement of the Parties to adjust the remuneration for the Services considering their reduced scope.
7.3. All Objection Notices under Section 7.2 must be submitted by email to ThinkerMediaGroup> at If none of the options outlined in Clause (a), (b) or (c) of Section 7.2 are reasonably available and Customer’s objection has not been resolved to the Parties’ mutual satisfaction within 30 days of <Company Name>’s receipt of the Objection Notice, either Party may terminate the affected Services and <Company Name> will refund to the Customer.

8.1. If ThinkerMediaGroup receives a request from a Data Subject, ThinkerMediaGroup will provide reasonable assistance.

9.1. Upon termination of the TOU and/or DPA, ThinkerMediaGroup will initiate a process upon the Customer’s written request that deletes Customer Data in its possession or control.

10.1. ThinkerMediaGroup will notify the Customer without undue delay, and in any event within 48 hours, after becoming aware of a Personal Data Breach with respect to Customer Data transmitted, stored or otherwise Processed by ThinkerMediaGroup or its Sub-Processors (a “Customer Data Breach”). Such notice may be provided (1) by posting a notice in the Services; (2) by sending an email to the email address from which the account of Authorized User was created; and/or (3) pursuant to the notice provisions of the TOU. The Customer shall ensure that its contact information is current and accurate at all times during the terms of this DPA. ThinkerMediaGroup will promptly take all actions relating to its Security Measures (and those of its Sub-Processors) that it deems necessary and advisable to identify and remediate the cause of a Customer Data Breach. In addition, ThinkerMediaGroup will promptly provide the Customer with: (i) reasonable cooperation and assistance with regard to the Customer Data Breach, (ii) reasonable information in ThinkerMediaGroup’s possession concerning the Customer Data Breach insofar as it affects the Customer, including remediation efforts and any notification to Supervisory Authorities and, (iii) to the extent known: (a) the possible cause of the Customer Data Breach; (b) the categories of Customer Data involved; and (c) the possible consequences to Data Subjects. ThinkerMediaGroup’s notification of or response to a Customer Data Breach under this Section will not constitute an acknowledgment of fault or liability with respect to the Customer Data Breach, and the obligations herein shall not apply to Personal Data Breaches that are caused by the Customer, Authorized Users or providers of Customer components (such as systems, platforms, services, software, devices, etc.). If the Customer decides to notify a Supervisory Authority, Data Subjects or the public of a Customer Data Breach, the Customer will provide ThinkerMediaGroup with advance copies of the proposed notices and, subject to applicable law (including any mandated deadlines under EU Data Protection Law), allow ThinkerMediaGroup an opportunity to provide any clarifications or corrections to those notices. Subject to applicable law, ThinkerMediaGroup will not reference the Customer in any public filings, notices or press releases associated with the Customer Data Breach without the Customer’s prior consent.

11.1. Upon request, ThinkerMediaGroup shall supply, on a confidential basis, a copy of its audit reports (if any) to the Customer, so that the Customer can verify ThinkerMediaGroup ‘s compliance with the audit standards and this DPA.
11.2. ThinkerMediaGroup shall also provide written responses, on a confidential basis, to all the Customer’s reasonable requests for information to confirm <Company Name>’s compliance with this DPA.
11.3. Where required by EU Data Protection Law, ThinkerMediaGroup will allow the Customer (directly or through a third-party auditor subject to written confidentiality obligations) to conduct an audit of ThinkerMediaGroup’s procedures relevant to the protection of Customer Data to verify ThinkerMediaGroup’s compliance with its obligations under this DPA. In such case:
(a) The Customer shall: (i) provide <Company Name> at least 30 days’ prior written notice of any proposed audit; (ii) undertake an audit no more than once in any 12-month period, except where required by a competent Supervisory Authority or where an audit is required due to a Customer Data Breach; and (iii) conduct any audit in a manner designed to minimize disruption of ThinkerMediaGroup’s normal business operations.
(b) Representatives of the Customer performing an audit shall protect the confidentiality of all information obtained through such audits in accordance with the TOU, may be required to execute an enhanced mutually agreeable nondisclosure agreement and shall abide by ThinkerMediaGroup’s security policies while on ThinkerMediaGroup’s premises. Upon completion of an audit, the Customer agrees to promptly furnish to ThinkerMediaGroup any written audit report or, if no written report is prepared, to promptly notify ThinkerMediaGroup of any non-compliance discovered during the course of the audit.

12.1. ThinkerMediaGroup shall provide the Customer with reasonable cooperation and assistance needed to fulfill the Customer’s obligation under EU Data Protection Law, to the best of abilities and as far as our resources allow, including:
(a) Carrying out a data protection impact assessment related to the Customer’s use of the Services, to the extent the Customer does not otherwise have access to the relevant information, and to the extent such information is available to ThinkerMediaGroup.
(b) Providing reasonable assistance to the Customer in the cooperation or prior consultation with the Supervisory Authority in the performance of its tasks relating to this Section to the extent required by EU Data Protection Law.

13.1. The Customer acknowledges that ThinkerMediaGroup may transfer and process Customer Data anywhere in the world where ThinkerMediaGroup, its affiliates or its Sub-Processors maintain data processing operations. ThinkerMediaGroup shall at all times ensure that such transfers are made in compliance with the requirements of Data Protection Laws and this DPA.
13.2. To the extent that ThinkerMediaGroup is a recipient of Customer Data protected by EU Data Protection Laws (“EU Data”) in a country outside of Europe that is not recognized as providing an adequate level of protection for personal data (as described in applicable EU Data Protection Law), the parties agree that ThinkerMediaGroup shall abide by GDPR compliance.
13.3. Sub-Processors used by ThinkerMediaGroup to Process any Customer Data protected by Data Protection Laws and/or that originates from the EEA, in a country that has not been designated by the European Commission or Swiss Federal Data Protection Authority (as applicable) will provide an adequate level of protection for Personal Data.

14.1. ThinkerMediaGroup act as a Controller as well as Processor with respect to Customer Data. In relation to the Processing of Account Data, and to the extent (if any) that ThinkerMediaGroup may be considered a Controller in relation to certain Processing of Customer Personal Data.

15.1. ThinkerMediaGroup’s liabile for issues arising out of or related to this DPA

16.1. Any claims brought under or in connection with this DPA are subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the TOU.
16.2. No one other than a Party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms.
16.3. Any claims against ThinkerMediaGroup under this DPA shall be brought solely against the entity that is a Party to the DPA. In no event shall any Party limit its liability with respect to any individual’s data protection rights under this DPA or otherwise.
16.4. This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the TOU, unless required otherwise by applicable Data Protection Laws.
16.5. The Customer ensures that the decision to agree with the terms and conditions of this DPA was made lawfully by the Customer.
16.6. This DPA replaces any previous DPAs concluded between ThinkerMediaGroup and the Customer.
16.7. This DPA enters into force:
16.7.1. from the day you agreed with our Terms of Use and continues for an indefinite period of time; or
16.7.2. Date from 20th August Onwards.
Annex 1
Details of Data Processing
1. Subject matter: The subject matter of the data Processing under this DPA is the Customer Data.
2. Duration of Processing: ThinkerMediaGroup will Process Customer Data for the duration of the Services, as described in the TOU.
3. Nature of the Processing: ThinkerMediaGroup provides usage details.
4. Purpose of the Processing: The purpose of the data Processing under this DPA is the provision of the Services.
5. Categories of Data subjects:
5.1. “Users” – any individual accessing and/or using the Services through the Customer’s account;
6. Types of Customer Data:
6.1. Users: identification and contact data (name, contact details, including email address, username); billing information (billing address, payment information); organization information (name, address, geographic location, area of responsibility), IT information (IP address, usage data, cookies data, online navigation data, location data, browser data, access device information);
7. The Customer acknowledges that ThinkerMediaGroup shall have a right to use and disclose data relating to the operation, support and/or use of the Services for its legitimate business purposes, such as account management, technical support, product development or other. To the extent any such data is considered Personal Data under Data Protection Laws, ThinkerMediaGroup is the Data Controller of such data and accordingly shall process such data in accordance with ThinkerMediaGroup’s Privacy Policy and Data Protection Laws.
8. The Customer acknowledges that in connection with the performance of the Services, ThinkerMediaGroup employs the use of cookies, unique identifiers, web beacons and similar tracking technologies. The Customer shall maintain appropriate notice, consent, opt-in and opt-out mechanisms as are required by Data Protection Laws to enable ThinkerMediaGroup to deploy previously mentioned tracking technologies lawfully on and collect data from the devices of Subscribers. The Customer may use this statement about ThinkerMediaGroup in the Customer’s Privacy Policy:
Annex 2
Security Measures
Certain of ThinkerMediaGroup’s Security Measures as of the date of this DPA:
1. Data Minimization, Access Control and Employees Education
1.1. ThinkerMediaGroup collects and processes only that personal data that is necessary for the provision of services.
1.2. ThinkerMediaGroup restricts access to Customer Data to employees with a defined need-to-know or a role requiring such access.
1.3. ThinkerMediaGroup’s employees are introduced with the best security practices which allow them to identify Customer Data Breach and take any actions needed.
2. Business Continuity
2.1. ThinkerMediaGroup maintains business continuity and backup plans in order to minimize the loss of service and comply with applicable laws.
2.2. The Backup plan addresses threats to the Services and any dependencies, and has an established procedure for resuming access to, and use of, the Services.
2.3. The Backup plan is tested at regular intervals.
2.4. Management meetings regarding the determination of the information security risks arising to ThinkerMediaGroup are held annually. Management committee determines the risks, discusses them and searches for ways to prevent them.
3. Change Control
3.1. ThinkerMediaGroup maintains policies and procedures for applying changes to the Services, including underlying infrastructure and system components, to ensure quality standards are being met.
3.2. ThinkerMediaGroup undergoes a penetration test of its network and Services on an annual basis. Any vulnerabilities found during this testing will be remediated in accordance with ThinkerMediaGroup’s procedures.
4. Data Security
4.1. ThinkerMediaGroup maintains technical safeguards and other security measures to ensure the security and confidentiality of Customer Data.
4.2. <Company Name> uses Google data storage center with its location in the European Union.
5. Encryption and Key Management
5.1. ThinkerMediaGroup maintains policies and procedures for the management of encryption mechanisms and cryptographic keys in ThinkerMediaGroup’s cryptosystem. ThinkerMediaGroup ensures security over SSL/TLS and AES256 encryption.
5.2. ThinkerMediaGroup enlists encryption at rest and in transit between public networks, as applicable, according to industry-standard practice.
6. Data Transfer to Sub-Processors
6.1. Where sub-processors process the Personal Data of Subscribers, ThinkerMediaGroup takes steps to ensure that such sub-processors are service providers with whom <Company Name> has entered into a contract that includes terms substantially similar to this DPA. <Company Name> conducts appropriate due diligence on its sub-processors.