Data Processing Agreement
This document lays out the responsibilities of ScrapeOps Ltd, hereafter referred to as ScrapeOps, to its customers with regards to data protection in general and the European Union’s General Data Protection Regulation (GDPR) specifically.
ScrapeOps as Data Processor, Definitions
- ScrapeOps is a Data Processor operating on behalf of its customers.
- Customers are individuals or organizations paying money to use the ScrapeOps service. Free trial users of the ScrapeOps Service are not Customers and should not send ScrapeOps personal data.
- ScrapeOps's Customers are Data Controllers.
- “Personal data” means any information relating to an identified or identifiable person.
- “Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR.
- "Services" means the ScrapeOps's APIs (Commercial name: ScrapeOps) (application program interface) and the professional services provided by ScrapeOps.
- “Sub-processor” means any Data Processor engaged by ScrapeOps.
- “Data Subject” means the individual to whom Personal Data relates.
Processing of Personal Data
Use of the service implies that ScrapeOps may process personal data on behalf of the Data Controller in accordance with the requirements of Data Protection Laws. The Data Controller will ensure that instructions to ScrapeOps for the processing of personal data comply with Data Protection Laws. The Data Controller is solely responsibility for the accuracy, quality, and legality of Personal Data and the means by which it acquires personal data.
The inputs to the ScrapeOps Service provided by the Data Controller are URLs and optional parameters. No other data should be sent to ScrapeOps. The Data Controller bears sole responsibility for transmission of URLs that can include personal data.
Rights of Data Subjects
The Data Controller is solely responsible for the collecting of all necessary consent from Data Subjects to allow ScrapeOps to process personal data on its behalf.
ScrapeOps will, to the extent legally permitted, promptly notify the Data Controller if it receives a request from a Data Subject for access to, or deletion of, that person’s personal data. ScrapeOps will not respond to a Data Subject request without the Data Controllers prior written consent except to confirm that the request relates to the Data Controller. The Data Controller is solely responsible for completing such request as required by law.
ScrapeOps ensures that its personnel engaged in the processing of personal data are informed of the confidential nature of the personal data, have received appropriate training on their responsibilities and have agreed to confidentiality obligations that survive the termination of that persons employment or engagement by ScrapeOps.
ScrapeOps shall take commercially reasonable steps to ensure the reliability of any ScrapeOps personnel engaged in the processing of personal data and that access to personal data by ScrapeOps is limited to those ScrapeOps personnel who require such access to perform the Services.
ScrapeOps’s data protection officer can be reached by email at firstname.lastname@example.org
The Data Controller agrees ScrapeOps may engage third-party Sub-processors to provide the Services and such Sub-processors may access personal data, and appoint additional levels of Sub-processors, only for purposes of providing the services ScrapeOps retained them to provide and not for any other purpose.
ScrapeOps agrees to implement and maintain the administrative, technical, and physical safeguards of personal data stored using the Services.
Security Breach Management and Notification
If ScrapeOps becomes aware of unlawful access to the Data Controller's personal data stored through the Services, or unauthorized access to the Services resulting in loss, disclosure, or alteration of the Data Controller's personal data (“Security Breach”), ScrapeOps will promptly: (a) notify the Data Controller of the Security Breach; (b) investigate the Security Breach and provide the Data Controller with information known to ScrapeOps about the Security Breach; and (c) follow its policies and procedures to mitigate the effects and to minimize any damage resulting from the Security Breach.
The Data Controller agrees that an unsuccessful Security Breach attempt will not be subject to Section 7.1 above. An unsuccessful Security Breach attempt is one that results in no unauthorized access to the Data Controller's personal data or to the Services storing your Personal Data, and may include, without limitation, pings and other broadcast attacks on firewalls or edge servers, port scans, unsuccessful log-on attempts, denial of service attacks, packet sniffing (or other unauthorized access to traffic data that does not result in access beyond IP addresses or headers) or similar incidents.
Notification(s) of Security Breaches, if any, will be delivered to one or more of the Customer’s business, technical or administrative contacts by any means ScrapeOps selects, including via email. It is Customer's sole responsibility to ensure it maintains accurate contact information on ScrapeOps’s support systems at all times.
ScrapeOps’s report of and/or response to a Security Breach under this Section will not be construed as an admission by ScrapeOps to fault or liability with respect to the Security Breach.
Deletion of Customer Data
ScrapeOps agrees to delete Customer personal data in accordance with ScrapeOps's procedures and Data Protection Laws.
At a Customer's request, ScrapeOps will provide the Customer with a certification of deletion of personal data.
This Agreement is governed by the laws as set out by the court of Ireland.
This agreement comes into effect from the time of purchase of a ScrapeOps subscription. It expires with cessation of the Customer's ScrapeOps subscription.