DPA
Introduction
Welcome to NextSky! This Data Processing Agreement (DPA) forms an integral part of our commitment to data protection and privacy. This DPA outlines the terms and conditions under which we, as the Data Processor, will process personal data on behalf of our clients, the Data Controllers. By using our services, you agree to the terms of this DPA.
Definitions
- Data Controller: The entity that determines the purposes and means of processing personal data.
- Data Processor: NextSky, the entity that processes personal data on behalf of the Data Controller.
- Personal Data: Any information relating to an identified or identifiable natural person.
- Processing: Any operation or set of operations performed on personal data.
Scope and Purpose of Data Processing
NextSky will process personal data as necessary to provide our services, in accordance with the Data Controller's documented instructions. The types of personal data processed may include, but are not limited to, contact information, payment details, and usage data. The purpose of processing is to deliver, maintain, and improve our services.
Data Processor Obligations NextSky agrees to:
- Process personal data only on documented instructions from the Data Controller.
- Implement appropriate technical and organizational measures to protect personal data.
- Ensure that employees authorized to process personal data have committed to confidentiality.
- Assist the Data Controller in responding to data subject rights requests.
- Notify the Data Controller without undue delay upon becoming aware of a personal data breach.
- Maintain records of processing activities.
- Cooperate with supervisory authorities upon request.
Data Controller Obligations The Data Controller agrees to:
- Provide instructions for data processing that comply with applicable data protection laws.
- Ensure that the Data Processor has the necessary data to process.
- Inform the Data Processor of any changes to the data being processed.
Sub-processors
NextSky may engage sub-processors to process personal data on behalf of the Data Controller. We will:
- Inform the Data Controller of any intended changes to the sub-processors.
- Ensure that sub-processors are bound by data protection obligations consistent with this DPA.
Data Subject Rights
NextSky will assist the Data Controller in ensuring that data subject rights are respected, including the right to access, rectify, and delete personal data. Requests from data subjects will be forwarded to the Data Controller for resolution.
Data Breach Notification
In the event of a data breach, NextSky will:
- Notify the Data Controller without undue delay.
- Provide information about the nature of the breach, the affected data, and the measures taken to mitigate the breach.
Data Retention and Deletion
NextSky will retain personal data only for as long as necessary to fulfill the purposes of processing. Upon termination of the services or at the Data Controller's request, we will securely delete or return all personal data.
Audit and Compliance
The Data Controller has the right to audit NextSky's compliance with this DPA. NextSky will:
- Provide necessary documentation and access to facilities for audits.
- Cooperate with the Data Controller's reasonable audit requests.
Governing Law and Jurisdiction
This DPA shall be governed by and construed in accordance with the laws of Vietnam, without regard to its conflict of law principles. Any disputes arising from this DPA shall be resolved through amicable negotiations or in the courts of Vietnam.
Contact Information
If you have any questions or concerns about this DPA, please contact us at:
Email: support@nextsky.co
Address 1: No. 3B1, CT2C2 Building, Tran Huu Duc Street, Nam Tu Liem District, Hanoi
Address 2: Houtbroek 3, 6039 RL Stramproy, Netherlands
Phone: +84 945 606 689
Thank you for choosing NextSky. We are committed to protecting your privacy and ensuring the security of your personal data.