2.2. This data processing agreement has been designed to ensure the parties' compliance with Article 28(3) of Regulation 2016/679 of the European Parliament and of 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).

2.3. The data controller's use of the self-service system EasySignup.com leads to the data processor's processing of personal data on behalf of the data controller in accordance with this data processing agreement.

2.4. The self-service system EasySignup.com is a web based standard system used to administrate the data controller's events. In the self-service system the events are managed through an administration area on the data controller's access protected account at the data processor. The data processor's processing of personal data on behalf of the data controller is on a fundamental basis done automatically by the self-service system based on the way the data controller's users use and set up the features in the administration area on the account in the self-service system. Access to the administration area on the account in the self-service system is given by the data controller through a username for the account. Each username can be granted different rights. Access to use and set the features in the administration area of the self-service system therefore depends on the rights that are given to each individual username on the account. The persons that the data controller has given an username to the administration area of the self-service system is in the following referred to as "the data controller's users".

2.5. The conditions for subscribing to the web based self-service system EasySignup.com are regulated in the "Terms of Use - subscription to EasySignup.com" (in the following referred to as "terms of use")

2.6. This data processing agreement and the "terms of use" shall be interdependent and cannot be terminated separately. The data processing agreement may however - without termination of the terms of use - be replaced by an alternative valid data processing agreement.

2.7. This data processing agreement shall take priority over any similar provisions contained in other agreements between the parties, including the terms of use.

2.8. Three appendices are attached to this data processing agreement and form an integral part of this data processing agreement.

2.9. Appendix A contains details about the processing of personal data, including the purpose and nature of the processing, type of personal data, categories of data subject and duration of the processing.

2.10. Appendix B contains the data controller's conditions for the data processor's use of sub-processors and reference to a list of sub-processors authorised by the data controller.

2.11. Appendix C contains the data controllers instructions with regards to the processing of personal data, the minimum security measures to be implemented by the data processor and how audits of the data processor and any sub-processors are to be performed.

2.12. This data processing agreement along with appendices shall be retained in writing, including electronically, by both parties.

2.13. This data processing agreement shall not exempt the data processor from obligations to which the data processor is subject pursuant to the General Data Protection Regulation (in the following referred to as GDPR) or other legislation.

3.2. The data controller has the right and obligation to make decisions about the purposes and means of the processing of personal data.

3.3. The data controller shall be responsible, among other, for ensuring that the processing of personal data, which the data processor is instructed to perform, has a legal basis.

3.4. The self-service system automatically creates a set of "terms of registration" based on how the controller's users use and set up the features in the administration area of the self-service system. The terms of registration governs the relationship between the data controller and the guests who sign up for the data controller's events (in the following referred to as attendees) and must be approved by the attendees before they can sign up for the data controller's events. The data controller's users are obligated to read and verify whether the information in the terms of registration is adequate in relation to the compliance of the GDPR and applicable EU or Member States data protection provisions before the self-service system can be used for an event. The self-service system asks the data controller's users to approve each set of terms of registration before the terms can be used.

3.5. The data controller has the full responsibility for the data controller's users use and settings of the features in the administration area of the self-service system are in accordance with the GDPR, applicable EU or Member State data protection provisions and this data processing agreement.

3.6. The data controller has the full responsibility for managing user rights and user access to the data controller's account in the self-service system, including assessing and addressing any issues that may arise in sharing login details.

3.7. The data controller must inform the data controller's users of the obligations that lie with each user under this data processing agreement and the terms of use.

4.2. If it comes to the data processor's attention, the data processor shall immediately inform the data controller if instructions given by the data controller, in the opinion of the data processor, contravene the GDPR or the applicable EU or Member State data protection provisions.

5.2. The data processor shall at the request of the data controller demonstrate that the concerned persons under the data processor's authority are subject to the abovementioned confidentiality.

The data controller shall evaluate the risks and consequences to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks and consequences. Depending on their relevance, the measures may include the following:

1. Pseudonymisation and encryption of personal data;
2. the ability to ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services;
3. the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
4. a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.

6.2. According to Article 32 GDPR, the data processor shall also - independently from the data controller - evaluate the risks and consequences to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks and consequences.

The assessment of the risks and consequences to the rights and freedoms of natural persons which are in the data processor's self-service system is conducted by the data processor on an overall level, based on the general use of the self-service system. The assessment is therefore not based on individual circumstances of the data controller. The data processor's overall assessment of the security level can be found in Appendix C.2.

6.3. Furthermore, the data processor shall assist the data controller in ensuring compliance with the data controller's obligations pursuant to Articles 32 GDPR, by inter alia providing the data controller with information concerning the technical and organisational measures already implemented by the data processor pursuant to Article 32 GDPR along with all other information necessary for the data controller to comply with the data controller's obligation under Article 32 GDPR.

The data controller must assess whether or not the measures taken by the data processor are adequate in relation to the data controller's identified risks and consequences of the data subject's when using the data processor's standard self-service system. The security level of the processing is described in more details in Appendix C.2 together with the measures the data processor as a minimum must implement. If the data controller's identified risks and consequences of the data subject's require additional measures, the data processor would like to discuss the possibility of implementing the measures if they match the overall assessment of the risks and consequences to the rights of natural persons and thus benefit all the data processor's customers.

7.2. The data processor shall therefore not engage another processor (sub-processor) for the fulfilment of this data processing agreement without the prior general written authorisation of the data controller.

7.3. The data processor has the data controller's general authorisation for the engagement of sub-processors. The data processor shall inform in writing the data controller of any intended changes concerning the addition or replacement of sub-processors at least 40 days in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). If the data controller should object to the changes, the data controller shall notify the data processor of this within 20 days of receipt of the notification. The data controller shall only object if the data controller has reasonable and specific grounds for such refusal. The list of sub-processors already authorised by the data controller is referred to in Appendix B.

7.4. Where the data processor engages a sub-processor for carrying out specific processing activities on behalf of the data controller, the same data protection obligations as set out in this data processing agreement shall be imposed on that sub-processor by way of a contract or other legal act under EU or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of this data processing agreement and the GDPR.

The data processor shall therefore be responsible for requiring that the sub-processor at least complies with the obligations to which the data processor is subject pursuant to this data processing agreement and the GDPR.

7.5. A copy of such a sub-processor agreement and subsequent amendments shall - at the data controller's request - be submitted to the data controller, thereby giving the data controller the opportunity to ensure that the same data protection obligations as set out in this data processing agreement is imposed on the sub-processor. Clauses on business related issues that do not affect the legal data protection content of the sub-processor agreement, shall not require submission to the data controller.

7.6. If the sub-processor does not fulfil his data protection obligations, the data processor shall remain fully liable to the data controller as regards the fulfilment of the obligations of the sub-processor. This does not affect the rights of the data subjects under the GDPR - in particular those foreseen in Articles 79 and 82 GDPR - against the data controller and the data processor, including the sub-processor.

8.2. In case transfers to third countries or international organisations, which the data processor has not been instructed to perform by the data controller, is required under EU or Member State law to which the data processor is subject, the data processor shall inform the data controller of that legal requirement prior to processing unless that law prohibits such information on important grounds of public interest.

8.3. Without documented instructions from the data controller, the data processor therefore cannot within the framework of this data processing agreement:

1. transfer personal data to a data controller or a data processor in a third country or in an international organization
2. transfer the processing of personal data to a sub-processor in a third country
3. have the personal data processed by the data processor in a third country

8.4. The data controller's instructions regarding the transfer of personal data to a third country including, if applicable, the transfer tool under Chapter V GDPR on which they are based, shall be set out in Appendix C.6.

8.5. This data processing agreement shall not be confused with standard data protection clauses within the meaning of Article 46(2)(c) and (d) GDPR, and this data processing agreement cannot be relied upon by the parties as a transfer tool under Chapter V GDPR.

This entails that the data processor shall, insofar as this is possible, assist the data controller in the data controller's compliance with:

1. the right to be informed when collecting personal data from the data subject
2. the right to be informed when personal data have not been obtained from the data subject
3. the right of access by the data subject
4. the right to rectification
5. the right to erasure ('the right to be forgotten')
6. the right to restriction of processing
7. notification obligation regarding rectification or erasure of personal data or restriction of processing
8. the right to data portability
9. the right to object
10. the right not to be subject to a decision based solely on automated processing, including profiling

9.2. In addition to the data processor's obligation to assist the data controller pursuant to Clause 6.3., the data processor shall furthermore, taking into account the nature of the processing and the information available to the data processor, assist the data controller in ensuring compliance with:

1. The data controller's obligation to without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority, the Danish Data Protection Agency, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons;
2. the data controller's obligation to without undue delay communicate the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons;
3. the data controller's obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a data protection impact assessment);
4. the data controller's obligation to consult the competent supervisory authority, the Danish Data Protection Agency, prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the data controller to mitigate the risk.

9.3. The parties shall define in Appendix C the appropriate technical and organisational measures by which the data processor is required to assist the data controller as well as the scope and the extent of the assistance required. This applies to the obligations foreseen in this data processing agreement Clause 9.1. and 9.2.

10.2. The data processor's notification to the data controller must be made by the data processor by giving a preliminary notification within 4 hours after the data processor has discovered the breach and a more detailed notification within 36 hours after the data processor has discovered the breach to enable the data controller to comply with the data controller's obligation to notify the personal data breach to the competent supervisory authority, cf. Article 33 GDPR.

10.3. In accordance with this data processing agreement Clause 9(2)(a), the data processor shall assist the data controller in notifying the personal data breach to the competent supervisory authority, meaning that the data processor is required to assist in obtaining the information listed below which, pursuant to Article 33(3)GDPR, shall be stated in the data controller's notification to the competent supervisory authority:

1. The nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
2. the likely consequences of the personal data breach;
3. the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

10.4. The parties shall define in Appendix C all the elements to be provided by the data processor when assisting the data controller in the notification of a personal data breach to the competent supervisory authority.

11.2. The following EU or Member State law applicable to the data processor requires storage of the personal data after the termination of the provision of personal data processing services:

1. The Danish Bookkeeping Act after which payment information must be stored for the remainder of the relevant financial year and additional 5 years.

11.3. The data processor commits to exclusively process the personal data for the purposes and duration provided for by this law and under the strict applicable conditions. Storage periods and erasure procedures are described in more details in Appendix C.

12.2. Procedures applicable to the data controller's audits, including inspections, of the data processor and sub-processors are specified in Appendices C.7. and C.8.

12.3. The data processor shall be required to provide the supervisory authorities, which pursuant to applicable legislation have access to the data controller's and data processor's facilities, or representatives acting on behalf of such supervisory authorities, with access to the data processor's physical facilities on presentation of appropriate identification.

13.2. The level of any compensation to the data processor under or according to this data processing agreement is governed by the terms of use.

13.3. Regulation of jurisdiction and venue is specified in the terms of use and applies to this data processing agreement.

14.2. Both parties shall be entitled to require this data processing agreement renegotiated if changes to the law or inexpediency of this data processing agreement should give rise to such renegotiation. The other party must be reached and notified of any changes at least 30 days prior to the changes taking effect.

14.3. This data processing agreements shall apply as long as the data processor stores personal data processed on behalf of the data controller. This data processing agreement and the terms of use can therefore not be terminated during this period. The services referred to in item 11.1 terminates, when the dataprocessor has deleted all personal data stored on behalf of the data controller. The personal data is deleted as described in Appendix C.4.

The contact information will appear in the terms of registration that governs the data controller's relationship with the attendees. The terms of registration can be found on the public website where the attendees sign up for the controller's event. The contact information will be specified as the information the attendees should use when the attendees wish to exercise their rights under the GDPR.

15.3. The parties are obligated to inform each other of changes in the contact information. The data controller's users who have access to the self-service system as an administrator can change the contact information in the administration area of the self-service system. If the contact information is changed in the self-service system, the data processor will use the latest updated contact information.