This data processing agreement (hereinafter – the Agreement) is entered into by and between:

The Customer, who has subscribed to and uses the online services provided by Teltonika under the Terms of Use available at https://teltonika-iot-group.com/about-us/policies-certificates/terms-of-service/, (Controller), and the Teltonika entity who provides the relevant services (UAB” TELTONIKA IoT GROUP”, UAB “TELTONIKA TELEMATICS”, UAB “TELTONIKA NETWORKS”, UAB “TELTONIKA TELEMEDIC”, UAB “TELTONIKA EMS”, UAB “TELTONIKA ENERGY”) (Processor),

both together hereinafter referred as the Parties,

and

separately as the Party,

WHEREAS:

• The General Data Protection Regulation (EC) 2016/679 (Regulation) requires data controllers to use only those data processors who provide sufficient guarantees to implement appropriate technical and organisational measures are implemented in such a manner that processing will meet the requirements of the Regulation and ensure the protection of the rights of the data subjects,
• The Regulation also requires that the processing of data by a data processor must be governed by a contract, that is binding on the data processor with regard to the data controller, sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller,
• Abovementioned contract shall also include obligations for the data processor required by the Regulation,
• By using the services provided by Processor under the Terms of Use accepted by and binding on the Controller as Processor’s customer (Main Agreement), Controller is using Processor, to perform certain data processing activities on behalf of Controller and in accordance with the instructions of Controller,

THEREFORE in order to properly implement the requirements of the Regulation, the Parties entered into this Data Processing Agreement (Agreement) by agreeing to be bound by its terms when accepting the Term of Use:

1.  SCOPE OF PROCESSOR’S OBLIGATIONS

1.1.  This Agreement provides for obligations of Processor, which the Regulation requires to impose upon data processor, as well as other terms and conditions that Processor must comply with in order to ensure that the Regulation is properly implemented.

1.2.  This Agreement replaces obligations of Processor to Controller regarding the processing and protection of personal data set out in the Main Agreement or other agreements between Processor and Controller and the provisions of this Agreement take precedence over any conflicting provisions set out in the Main Agreement.