icn_HexagonData

Data Processing Addendum Hexagon Match

Content

The Data Processing Addendum applies to the Personal Data processed by Hexagon Data on behalf of the Client, by virtue of the use of the Hexagon Match platform (the “Platform”), and as set forth in this Agreement, if and to the extent that (i) the Federal Law on the Protection of Personal Data in the Possession of Individuals and its Regulation (“LFPDPPP”) applies or (ii) any other data protection law identified herein.

When we refer to “Hexagon Data,” “we,” “us,” or the “Company,” we mean Hexagon Data, S.A.P.I. de C.V. and its affiliates that process personal data in accordance with the terms described herein. We have a legitimate interest in protecting the information that our Customers share with us. 

The Customer accepts on its own behalf, and on behalf of its represented parties, what has been agreed in this document.

This Addendum on Data Processing (the “Agreement” and/or “DPA Match”) is part of the Service Agreement between Hexagon Data and the Customer. It conveys the agreement between the parties regarding the processing of the Customer Data. The Parties agree to comply with the following provisions and aim to act reasonably and in good faith during the validity of this Agreement. 

Definitions

  • Affiliate: refers to any entity that directly or indirectly controls, is controlled by, or is in joint control with the Customer. “Control” means direct or indirect ownership or control of 50% of the stock votes of the entity.
  • Anonymization: and/or dissociation, is understood as the procedure by which personal data cannot be associated with the data subject or allow, due to its structure, content or degree of disaggregation, the identification of the data subject.
  • CCPA: means the California Consumer Privacy Act which regulates the data of the residents of the State of California in the United States of America.
  • Contract: it refers to the License Agreement by which Hexagon Data grants a License to use the Platform and establishes a business relationship with the Customers. We subscribe exclusive contracts with each Customer to meet specific needs, where the terms of the License as well as the duration of the same are outlined. This Agreement is part of the License Agreement.
  • Controller: means the natural or legal person, alone or jointly with others, determines the purposes and means of the processing of personal data.
  • Customer: for purposes of this Agreement, the term “Customer” means the natural or legal person, including its affiliates, who hires the use of the Platform.  
  • Customer Data: also referred to as “your Data”, means any data and/or information that the Customer shares with Hexagon Data. It includes the Personal Data of its users and/or consumers and data collected through tags and/or scripts that observe the behavior of its users and/or consumers on its website, APIs, apps and/or newsletters.  It incudes the Customer Database.
  • Customer databases: refers to databases containing general information on the behavior of its users and which, on special occasions and expressly indicated as such by the Customer, may include personal data of the Customer’s users and/or consumers.
  • Data Protection Laws and Regulations: means all laws and regulations applicable to the protection of personal data. In Mexican territory, particularly the Federal Law of Protection of Personal Data in Possession of Individuals and its Regulations (“LFPDPPP”); for Colombia, in particular the Law 1581 of 2012 ant the Decree 1377 of 2013. At the international level, the leading instruments are the GDPR of the European Union, and the CCPA of the State of California, United States of America. 
  • Data Protection Officer: The GDPR requires companies to appoint a person responsible for supervising how personal data is handled and for informing and advising employees who handle data about their obligations. Hexagon Data has appointed a Data Protection Officer. The designated person can be contacted at [email protected].  
  • Data Subject: means the identified or identifiable natural person to whom the personal data corresponds.
  • First Party Data: the type of data depends on the means by which is acquired. First Party Data is data that is acquired “first hand” from the Customer. In other words is information that the Customer collects from its own sources, such as its website, APIs, apps, newsletters and/or through direct interaction with its users and/or consumers. It is information from users who have interacted with the Customer, have been interested in the product or service, and have given their data and may already be customers. 
  • GDPR: refers to Regulation (EU) 206/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data.
  • Hexagon Match Platform: is a platform that offers Data Onboarding. The process consists of finding the match between the offline data and the online data of the Customer.  
  • Personal Data: any information concerning an identified or identifiable natural person. 
  • Processing, and/or “treatment”, refers to the collection, use, disclosure or storage of personal data, by any means. Use includes any action to access, handle, exploit, transfer or dispose of personal data.
  • Processor: means a natural or legal person which processes personal data on behalf of the controller. 
  • Sensitive Personal Data: any personal data that affects the most intimate sphere of the data subject or whose improper use may give rise to discrimination against or entail a serious risk for the data subject. Sensitive data is considered one that may reveal aspects such as racial or ethnic origin, present and future health status, genetic information, religious, philosophical and moral beliefs, trade union membership, political opinions or sexual preference.
  • Sub-Processor: is the person to whom Hexagon Data entrusts the processing of the Customer Data and/or the person who provides a service to Hexagon Data that is required for the performance of the Services for the Customer.
  • Third-party information: The type of data depends on the means by which is acquired . Third-party information is “third-party” data that is acquired from sources completely external to the Customer, usually through data-providing companies and data brokers. These data are aggregated and anonymized, and can be acquired on a large scale already selected, processed and segmented according to the type of audience. The Platform does not accept this type of data, so the Customer agrees not to include this type of data in its use.
  • Transfer: means any communication of data made to a person other than the Controller or Processor.  

All capitalized terms not defined herein shall have the meaning set forth in this Agreement. 

Clauses

1 Personal Data Processing

1.1 Relationship between the Parties. The Parties agree that in relation to the processing of the Customer Data, the Customer is the Controller and Hexagon Data is the Processor; who may assign sub-processors on the terms described herein.

1.2 Processing Details. Annex A sets out the object, nature and purpose of the processing by Hexagon Data, the duration, the types of data and categories of Data Subjects. Each party shall comply with the obligations under the data protection laws and regulations and this DPA Match. 

1.3 Processing of personal data by the Customer. Before using the Platform, the Customer shall be responsible for informing the Data Subjects of the processing that Hexagon Data will do with their data as Processor and for obtaining their consent. The Customer is responsible for the accuracy, quality and legality of the data and the means by which the Customer acquired these data. In this regard, the Customer agrees to only use data collected by himself, i.e. First Party Data.

1.4 Processing of Customer Data. Hexagon Data may process Personal Data on behalf of and according to the instructions of the Customer. We undertake to treat the data as Confidential Information, unless otherwise provided by the Customer.

1.5 Purposes of Processing. Hexagon Data only processes Customer Data in accordance with (i) the written instructions of the Customer (ii) the terms of this DPA Match, and (iii) the License Agreement subscribed by the Parties. Hexagon Data may process certain categories of personal data on behalf of the Customer for certain defined purposes as set forth in Annex A.

2. Data Subject’s rights 

At all times the Data Subjects have the right to modify and/or revoke their consent to the processing of their Personal Data. Likewise, they have the right to be forgotten and all other rights that the corresponding regulation grants them. Hexagon Data undertakes to comply with, and to assist with, such regulations at all times.

In the event that Hexagon Data receives a request from a user and/or consumer, for whom the Customer is the Controller, to exercise their ARCO rights or any rights specific to their jurisdiction, Hexagon Data will notify the Customer. To the extent permitted by law, Hexagon Data will assist the Customer with appropriate technical and organizational measures to fulfill their obligation to respond to the Data Subject’s request under the Data Protection Laws and Regulations. 

If the Customer or any interested third party would like to exercise their rights over Personal Data for which we are the Controller, they may exercise their rights by following the procedure explained in the section “MEANS TO EXERCISE YOUR RIGHTS” of our Privacy Notice

3. Hexagon Data’s employees

Hexagon Data has a team of developers, analysts and employees (the “employees”) trained to offer high quality Services to our Customers. We are committed to the protection of the data we process. Thus we implement internal measures for the processing of data and train the employees to process data according to the standards described in this Agreement. The following security measures are designed to protect the security and privacy of our Customers:

3.1 Confidentiality. We make sure that the team dedicated to the processing of data is informed of the confidential character of the Customers Data, receive suitable training on their responsibilities and sign written agreements of confidentiality. These confidentiality obligations survive the termination of their contract. 

3.2 Access limitation. Access to Customers Data is limited to the employees who perform the Services in accordance with the Contract. In addition, each member is provided with a computer for the exclusive use during their relationship with Hexagon Data. Any work they perform with respect to the Service will be on Hexagon Data’s equipment.

3.3 Data Protection Officer. Hexagon Data has appointed a Data Protection Officer. The designated person can be contacted at [email protected].  

4. Sub-processors

The Customer agrees and authorizes that Hexagon Data may engage third parties (the “Providers”) in connection with the provision of the Services, who shall be deemed to be Sub-Processors in accordance with this DPA Match. Hexagon Data signs a written contract with each Sub-Processor which contains obligations regarding the protection of personal data no less protective than those in this DPA Match. The list of Sub-Processor is set forth in Annex B. 

In the event that Hexagon Data wishes to make a change of Sub-Processor, it will notify the Customer and must obtain his consent to make such change. The Customer may object to Hexagon Data’s use of a new Provider within 5 (five) days of notification. If the Customer fails to respond and continues to act in accordance with the Agreement, the proposal shall be deemed to be accepted. 

When contracting the Providers we commit ourselves to :

  1. to engage recognized and market-leading companies that implement security measures no less protective than those established in this Agreement to comply with data protection, insofar as they are applicable to the nature of the services provided by the Sub-Processor;
  2. restrict the Sub-Processor’s access to the Customer Data only to the extent necessary to maintain or provide the services to the Customer;
  3. Hexagon Data is responsible for compliance with the obligations of this Agreement and for any acts or omissions that a Sub-Processor may cause to breach any of the obligations contained herein, except as otherwise provided. 

5. Security

Hexagon Data implements appropriate technical and organizational measures to protect the security, confidentiality and integrity of the Customer Data.

5.1 Security measures. We establish and maintain administrative, technical and physical security measures to protect personal data against damage, loss, alteration, destruction or unauthorized use, access or treatment. We do not adopt security measures less protective than those we maintain for our information. 

Security measures include: (a) restricted access to the Platform; (b) we protect the security of your information during transfer to or from Hexagon Data websites, APIs, applications, products or services through the use of encryption software and protocols; (c) we create specific access keys for each party involved in data processing; (d) we adopt internal measures for the processing of data by the employees; and (e) we ensure that our Providers comply with the highest standards of data security and privacy, in accordance with applicable Laws.

a. Restricted access to the platform. Access to the Platform is restricted by means of authentication elements. After the Customer Registration process, Hexagon Data will create an exclusive profile for the Customer which will be provided with a User Account and a Password. The password that Hexagon Data creates is temporary so the Customer must change it on their first entry to the Platform. Please read the Terms of Use of the Platform for more information. 

5.2 Confidentiality. At all times, Hexagon Data will treat Customer Data as Confidential Information and ensures that all employees responsible for processing such data sign confidentiality agreements that will govern the access, use and treatment of Customer Data.

5.3 Management and notification of security incidents. In the event of security incidents, Hexagon Data will notify the Customer as soon as it becomes aware of the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Customer Data, including data that has been anonymized, transmitted, stored or otherwise processed by Hexagon Data or its Sub-Processors. 

Hexagon Data will make reasonable efforts to identify the cause of any incident and will take the necessary and reasonable actions to remedy the cause to the extent within Hexagon Data’s reasonable control. The obligations set forth herein shall not apply to incidents caused by the Customer or the Customer’s users.

6. Data transfer

We transfer data the least possible. If we do so, it will be with our Providers, who are Sub-Processors under the terms described in the corresponding section within this DPA. The transfers we make are only those allowed by the Data Protection Laws and Regulation. Likewise we ensure that it is to jurisdictions that meet the same or higher security standards than those described in this Agreement.

7. Data deletion

During the contractual relationship with the Customer, we may store Customer Data in any of our databases. We undertake to only store the data that is strictly necessary and to delete it once the purpose for which it was collected has been fulfilled or until the legal deadline. Likewise, as far as possible and prior request, we undertake to return the Customer Data by transferring the data in physical form through a CSV file. 

8. Additional information for specific jurisdictions

We provide additional information about the privacy, collection and use of personal information of current and prospective Hexagon Data customers located in certain jurisdictions. 

8.1 European Union: GDPR

Hexagon Data processes personal data, in the best of its abilities, in accordance with the requirements of the GDPR directly applicable to the provision of its Services and the needs of its Customers. The Customer specifically acknowledges that his use of the Platform will not violate the rights of any Data Subject under the protection of the GDPR. 

8.2 CCPA

Hexagon Data processes personal data, in the best of its abilities, in accordance with the requirements of the CCPA directly applicable to the provision of its Services and the needs of its Customers. Within or by virtue of our Services, we do not sell databases or Personal Data of the Customer nor its users and/or consumers. The Customer specifically acknowledges that its use of the Platform will not violate the rights of any Data Subject who has chosen not to sell or disclose its Personal Data as applicable under the CCPA.

9 Miscellaneous

9.1 Modifications. We are constantly updating our policies to offer the best possible protection. Hexagon Data reserves the right to make modifications and adaptations to this Agreement. In the event we consider that there are substantial changes, we will notify you in advance by posting a visible notice on our website or by any of the available means of communication. As the effective date it will be deemed to be accepted by you. We suggest constantly review our website during the term of our relationship.

9.2 Validity. This Agreement remains effective during the contractual relationship with the Customer and/or as long as the Customer, by itself or its Users, makes use of the Platform. Any obligations or liabilities in force up to the termination date shall remain valid until they have been fulfilled. 

This Agreement will be legally binding once made available to Customer. It will be understood that the Customer consents to the processing of his data, when having made this Agreement available to him, he does not express his opposition to it and continues to use the Platform.

Annex A

Processing Details 

1.1. Nature of the processing

Hexagon Data processes Personal Data to offer its Products and Services within the Platform and as indicated by the Customer.

In the event that, under the Contract, it is agreed that a cloud-based service will be given by a Provider (Amazon Web Services, Google or other), the parties acknowledge that any Personal Data processed within the cloud service shall be governed solely by the terms and conditions thereof as stipulated and modified from time to time by the Provider.

1.2. Purpose of processing

The purpose of processing Customer Data may be any of the following:

  • Generate a match table 
  • Generate anonymous audiences to connect them to the destination platform 
  • ID Syncing
  • Improve the efficiency of the Platform
  • Store in one place the contact information

1.3. Processing Duration

In accordance with the section on the validity of the DPA Match, Hexagon Data processes Customer Data during the validity of the contractual relationship with the Customer and/or as long as the Customer, by itself or its Users, makes use of the Platform.

1.4. Types of Personal Data

The data we process comes from two sources:

  • Data that the Customer, by itself or its Users, uploads to the Platform. The types of data may include, but are not limited to:
    • Address
    • Age
    • Age range
    • Email address
    • First and last name
    • Gender
    • Marital status
    • Number of children
  • Data that Hexagon Data may collect on behalf of the Customer through tags and/or scripts directly from the Customer’s website, APIs, apps and newsletter. Hexagon Data will attempt to encrypt (anonymize) this data, to the extent possible. Through the tag, Hexagon Data may create a Unique ID to collect the data to use in the match; at no time will it match data of different Customers. The types of data may include, but are not limited to:
    • Customer ID 
    • Email 
    • Cell phone

As far as possible, the Customer should upload anonymized data since the Platform works with user audiences, not identified or identifiable persons. The data processed are at the discretion of the Customer to comply with the desired use of the Platform.

1.5. Categories of Data Subjects

The Personal Data is First Party Data that the Client collects by himself. The Customer Data is related to the following categories of Data Subjects:

  • Consumers
  • Users

1.6. Special Category of Data

Sensitive Personal Data. Hexagon Data does not process sensitive data in the Platform. 

Third Party Information. The data we process is Customer Data collected by the Customer himself or on request to a third party, but for which the Customer is the “Controller”. The Platform is not designed to process third party information other than that collected by the Customer.

Annex B

Sub-Processors

  • Amazon Web Services, Inc. 
  • Oracle Corporation
  • Facebook, Inc. 
  • Google LLC. 
  • Lotame Solutions, Inc.
  • Salesforce.com, Inc.