Privacy Notice and Data Processing Agreement

Privacy Notice

Data Processing Agreement

Privacy Notice

This privacy notice tells you how we, Moodle Pty Ltd, will collect and use your personal data to provide our service which allows educators, of any kind, to create a private space online, filled with tools that easily create courses and activities, all optimised for collaborative learning.

The Moodle software is free and open source, and may be hosted by Moodle, but also by anyone who wishes to manage an installation. This notice will tell you how Moodle uses your data, but if the site you are using isn’t hosted by Moodle, then your data controller will have added their own specific information to it as well, on how your data is used by them. Moodle has a Data Protection Officer and you can contact them if you have queries:

Personal data

Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as:

"any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person".

Why does Moodle Pty Ltd need to collect and store personal data?

In order for us to provide you with MoodleCloud and other Moodle Hosted websites we need to collect personal data for correspondence purposes and/or to allow us to provide you our service. In any event, we are committed to ensuring that the information we collect and use is appropriate for this purpose. Moodle is a company which values its user’s data protection and privacy rights and we have no interest in collecting data beyond what we need to make the Moodle Services work for you. If you are going to be contacted by us for marketing purposes, we will not rely solely on this notice, but will always seek an additional confirmation from you that it’s OK to do that.

Will Moodle Pty Ltd share my personal data with anyone else?

We may pass your personal data on to third-party service providers contracted to Moodle Pty Ltd in the course of dealing with you. We do this because there are some services, such as our video conferencing facility, which will not work unless we are able to make these transfers. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to deliver the service they provide on our- and of course, your- behalf. When they no longer need your data to fulfil this service, they will dispose of the details in line with Moodle Pty Ltd’s procedures. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, or if it is necessary to comply with an employment contract, unless we are legally required to do otherwise. If you would like an up-to-date register of all our third-party service providers, please contact privacy@moodle.com and we will be happy to provide it.

How will Moodle Pty Ltd use the personal data it collects about me?

Moodle Pty Ltd will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary. Moodle Pty Ltd maintains a register of its data processes which includes a record of the data retention policy for each type of data collected and is committed to only ever trying to process the minimum amount of data needed. Moodle Pty Ltd is required to retain certain information in accordance with the Law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.

Can I find out the personal data that the organisation holds about me?

Moodle Pty Ltd at your request, can confirm what information we hold about you and how it is processed. If Moodle Pty Ltd does hold personal data about you, you can request the following information:

  • Identity and the contact details of the person or organisation that has determined how and why to process your data.
  • Contact details of our data protection officer in the EU, where applicable.
  • The purpose of the processing as well as the legal basis for processing.
  • If the processing is based on the legitimate interests of Moodle Pty Ltd or a third party, information about those interests.
  • The categories of personal data collected, stored and processed.
  • Recipient(s) or categories of recipients that the data is/will be disclosed to.
  • If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information. These will rely on measures approved by the EU Commission.
  • How long the data will be stored.
  • Details of your rights to correct, erase, restrict or object to such processing.
  • Information about your right to withdraw consent at any time.
  • How to lodge a complaint with the supervisory authority.
  • Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
  • The source of personal data if it wasn’t collected directly from you.
  • Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

What forms of ID will I need to provide in order to access this?

Moodle Pty Ltd accepts a request made through a Moodle account while the person making the request is logged in.

In certain circumstances Moodle Pty Ltd could ask for additional information and the following forms of ID when information on your personal data is requested:

  • A colour copy of a Passport, driving licence or National ID Card.

Data policy

Scope

All data subjects whose personal data is collected, in line with the requirements of the GDPR.

Responsibilities

All data subjects whose personal data is collected, in line with the requirements of the GDPR.

  • Where Moodle Pty Ltd is hosting a website on its own behalf, it is the Data Controller for all the data collected. Where Moodle Pty Ltd is hosting someone else’s installation of the Moodle Platform (as with MoodleCloud) it is the Data Processor for the Site Admin for that installation.
  • When Moodle Pty Ltd is not hosting an installation of the Software Platform, it is neither the Data Controller or the Data Processor and those duties fall on the people or organisations who have installed and are hosting those installations.

Privacy notice

Who are we?

Moodle Pty Ltd is a software company which allows educators, of any kind, to create a private space online, filled with tools that easily create courses and activities, all optimised for collaborative learning. The Moodle software is open source, and may be hosted by Moodle, but also by anyone who wishes to manage an installation.

We collect personal data relating to you for specific purposes, with the nature of the data collected depending on your interaction with Moodle Pty Ltd. We are committed to transparency in this and have provided a very detailed breakdown of these processes in Annex 1 at the end of this document.

Our legal basis for processing for personal data:

  • Article 6.1(a), GDPR, Consent
  • Article 6.1(b), GDPR, Contract
  • Article 6.1(f), GDPR, Legitimate Interest

Any legitimate interests pursued by us, or third parties we use, are as follows:

  • Recruitment and Induction of new Candidates
  • Emergency Contacts for people who work with us, such as employees and Contractors for Health and Safety purposes.
  • Business Development
  • Providing login systems to users via their existing social media accounts

The special categories of personal data concerned are:

  • Biometric Data in the form of facial images
  • Health Data in respect of employees, Contractors and other people who work with us
  • Any special categories of special personal data which any user volunteers while using the Moodle systems or any Moodle website- for example in a forum or submission

Consent

By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified. Where consent is required for Moodle Pty Ltd to process both standard and sensitive types of personal data, but it must be explicitly given. Where we are asking you for sensitive personal data we will always tell you why and how the information will be used. Agreement with this Privacy Notice and its accompanying Terms and Conditions (as applicable) (and any Data Processing Agreements, if they apply to you) will be considered to be explicit consent and we will keep a copy of the records of that consent for audit purposes.

You may withdraw consent at any time by:

  • MoodleCloud and other Moodle Hosted Websites: contacting privacy@moodle.com
  • Self - Hosted Moodle Installations’: contacting the Data Protection Officer for your Data Controller

Please identify your role in relation to Moodle (if you are a Contractor, Staff member, Moodle Partner, End-user, Site Admin etc.), and the data you wish to withdraw consent to be processed.

Disclosure

Moodle Pty Ltd will pass on your personal data to certain third parties. Moodle is a distributed, global company and it uses cloud services which may be accessed by Moodle employees in any part of the world, including our Head Office in Australia.

The Moodle Software platform is open source, so that anyone can install and host a copy of the software, as the data controller. In those circumstances, it will be a matter for the Data Controller to ensure they have also put the necessary safeguards in place for any international transfers outside the EU.

Third country (non-EU)/international organisation

Safeguards in place to protect your personal data

MoodleCloud: Australia, Global

Use of the EU’s Standard Contract Clauses, Privacy Shield, and binding corporate rules

Other Moodle Sites and services

Use of the EU’s Standard Contract Clauses, Privacy Shield, and binding corporate rules

Other Moodle installations, not hosted by Moodle Pty Ltd or additional processing of data from MoodleCloud by the Data Controller

To be provided directly to you by the Data Controller for that installation.

Retention period

Moodle Pty Ltd will processes different forms of personal data for as long as is necessary and proportionate for the purpose for which it has been supplied and will store the personal data for the shortest amount of time possible, taking into account legal and service requirements. For further details on the retention period for any particular type of data, please contactprivacy@moodle.com

Your rights as a data subject

At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:

  • Right of access – you have the right to request a copy of the information that we hold about you.
  • Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
  • Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
  • Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
  • Right of portability – you have the right to have the data we hold about you transferred to another organisation.
  • Right to object – you have the right to object to certain types of processing such as direct marketing.
  • Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
  • Right to judicial review: in the event that Moodle Pty Ltd refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined in clause 3.6 below.

Where Moodle Pty Ltd are your Data Controller, you may make a request directly to the Data Protection Officer using the email address dpo@moodle.com

Where Moodle Pty Ltd are a Data Processor, and act on behalf of a data controller (such as MoodleCloud) any requests received by Moodle Pty Ltd will be passed on to the Data Controller.

Where Moodle Pty Ltd are not involved with your data, such as where the Moodle platform has been self-hosted, you should address your requests to the data controllers of those sites. Moodle Pty Ltd will have no access to your data.

Complaints

In the event that you wish to make a complaint about how your personal data is being processed by Moodle Pty Ltd (or third parties as described above), or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and Moodle Pty Ltd’s data protection Officer, Data Compliance Europe Ltd.

If you wish to make a complaint about how your personal data has been processed in MoodleCloud, or by a Self-Hosted installation of the Moodle Software you should contact your Moodle Site Admin or the Data Controller for your Moodle installation. (For example, if your university or school hosts their own Moodle site, they will be the Data Controller).

The details of Contacts for where Moodle Pty Ltd’s are the Data Controller:


Supervisory authority contact details

Data Protection Officer (DPO) / GDPR Owner contact details

Contact Name:

Data Protection Commissioner

Data Compliance Europe,

Address line 1:

Canal House

Lower Bridge Street

Address line 2:

Portalrlington

Dublin 8

Address line 3:

Co Laois


Address line 4:

R32 AP23



Email:

info@dataprotection.ie


dpo@moodle.com

Telephone:

+353 57 8684800

The details of Contacts for where Moodle Pty Ltd’s are not the Data Controller, in your installation of Moodle are available directly from your Data Controller.

Annex 1

Purpose of processing

Categories of personal data

The source of the personal data

sending e newsletters to moodle.com users

email address, name

Data subject

sending e newsletters to moodle.org users

email address, name

Data subject

Attendee registrations and payment for moodlemoot.org

email address, name, payment details

Data subject

Presentation admission process run by Marketing department for moodle moot’s events

email address, name, workplace, summary of applicable presentations

Data subject

Communicating marketing campaigns on Facebook

name, email address, location, job title, interests, any other Facebook categories used

Data subject

Communicating marketing campaigns on Twitter

name, email address, location, interests

Data subject

MOOC participants information (Learn Moodle)

name, email address

Data subject

Recruitment

Name, Address, phone number, email, social media profile links, Photograph, educational and work history, interests

Candidate

Recruitment

Contact details

Candidate

On-boarding

Contact details, emergency contact details, drivers licence, passport, id documents, banking details, tax details, superannuation details, gender, qualifications, biometric data, date of birth

Employees

Health and Safety

Name, phone number, email, relationship with Employee

Employees

HR Records

Health Records

Employees

On-boarding

Contact details, emergency contact details, drivers licence, passport, ID documents, banking details, gender, qualifications, biometric data

Employees

On-boarding

Telephone number

Team Members

Performance

Performance information, contact details

Managers/HR

Engagement

Contact details, job information, engagement information

Employees/HR

Letter of Offer

Name, address, phone number, email and remuneration details

Employees/HR

Confirmation of Information

Contact details, remuneration details, length of service, job information

Employees, HR

Exit interviews

Contact details, feelings about working at Moodle

Employees

On-boarding

Photograph

Employees

Interview

Answers to questions around previous job and skills

Moodle HR

Central code repository

contact details (name, surname, email, photo), activity and contribution

Data subject

Community education and feedback (moodle.org)

contact details (name, surname, email, photo), activity and contribution

Data subject

Mirror of central code repository

contact details (name, surname, email, photo), activity and contribution

Data subject

Developer code repository

contact details (name, surname, email, photo), activity and contribution

Data subject

Developer code repository (Local git repositories on dev machines)

contact details (name, surname, email, photo), activity and contribution

Data subject

Sharing of rapid prototypes, research artefacts, usability testing feedback

Contact details, activity, contribution

Employee

Conduct user studies, interviews, and surveys

Contact details, activity, contribution

Employee

Conduct user surveys, Mobile - Support for Airnotifier websites

Contact details, form entries,

Data subject

Scheduler for usability testing & user interviews

Name, email, Contact details, schedules, location data

Data Subject, Employees

Hosts the usability tests and user interview recordings

Contact details, biometric, video, voice recording,

Data Subject, Employees

Community engagement & recruitment for user studies

Contact details, activity, contribution

Data Subject, Employees

Community engagement & recruitment for user studies

contact details (name, surname, email, photo), activity and contribution

MOBILE - Training in Moodlemoots

contact details (name, surname, email, photo), activity and contribution

Data subject

Paying wages to employees

Contact details (name, surname and email), Bank details, Tax details, sick leave, Annual Leave, salary, pension

Employee

Collecting fees payable by direct clients

Contact details (name, surname and email)

Client

Collecting fees payable by partners

Contact details (name of partner, email, name and surname of partner representative)

Partner

Receiving event registration fee

Contact details (name, surname, email of the participant, phone number, business name and address)

Attendee

Paying supplier invoices

Supplier details (name, surname, email, bank details)

Attendee

Individual's Profile on Moodle Partner site

Contact details

Data subject and data subject employer

Individual's data on Moodle Partner website

User and activity data

Data subject, Controller

Partner Marketing Support

Partner details, Location, Date, Times

Data subject

Partner Marketing Support

Client details, Partner details

Data subject, data subject employer, Partner organisation

Partnership support conference calls

Name, Voice Recording, Video/Photograph of user

Moodle HQ - Moodle Partner website Data

Partner Organisation Profile on Moodle Partner site

User details, Partner Organisation details

Partner Organisation provides info and manages it

Partnership team commercial discussion about Partners and sectors

HQ Organisation details, Partner Organisation details, names, emails, addresses

Controller(s) - Moodle Pty Employees (Moodle HQ) and for contractors ->themselves or company.

Partnership team discussion

Partner Organisation details

Controller(s) - Moodle Pty Employees (moodle HQ) and for contractors ->themselves or company.

Moodle HQ team communications

Contact details and any other as comes up in emails

Controller

Moodle HQ team communications

Contact details

Controller

Moodle Client Customer financial data from Partners

Client details, Partner details

Moodle Partner

Moodle Client Customer financial data from Partners

Client details, Partner details

Moodle Partner

Lead / Customer Information

Contact Details

Data Subject

writing and storage of agreements/contracts/documentation with partners, and potential partners

Contact details

Moodle Partner / Applicant

General Business Documentation of meetings including attendees

Partner Organisation details, Partner details, Partner Employees

Controller

General Business Documentation

Partner Organisation details, Partner details

Controller

General Business Documentation

Partner Organisation details, Partner details

Controller

log storing and searching for analysing and troubleshooting MoodleCloud sites and signup/provisioning

Location, IP address

MoodleCloud site admins and MoodleCloud site users

Storing of historical logs - moodle, web server, statistics

website name, location, IP address

MoodleCloud site admins and MoodleCloud site users

Facilitating the signup and control of the MoodleCloud account

Name, email, location, telephone number

MoodleCloud site admins

Primary provider for text messaging. Logs for text message sending

Phone numbers

MoodleCloud site admins

Email processing (Moodle and signup)

email

MoodleCloud site admins and MoodleCloud site users

Backup text messaging service. Data processed by Twilio

Phone numbers

MoodleCloud site admins

News, Updates, Product tip emails subscriber lists (opt in)

Name, email

MoodleCloud site admins

Email sent to site admins regarding their MoodleCloud service

Name, email, financial data

MoodleCloud site admins

Operational reporting on cloud servers and moodle sites

Location, IP address, moodle activity data

MoodleCloud site admin

Recurring subscriptions and Payment

name, email, country

MoodleCloud site admins

Billing engine and subscription management

contact details, country, website name

MoodleCloud site users

Assignment submission document converter (when students submit assignments in various file formats, this process converts them into PDF file so the teacher can grade and annotate the document)

could be any data submitted in the file

MoodleCloud site users

Webconferencing feature for all MoodleCloud sites

contact details, voice, audio, video, biometrics, IP address, location data

MoodleCloud site users

Authentication, Design, development and tracking of Moodle code, profile published on Tracker site, notifications

Contact details, biometric (avatar)

Data subject

Authentication, profile published, notifications

Contact details, biometric (avatar), any details provided by user

Data subject

Authentication, notifications

Contact details, biometric (avatar)

Data subject

Statistics and error recording

IP Address, error logged messages potentially including usernames, and usage records

Website records

Business Development statistics generation

Data compiled from other listed data sources

Website records

Making and receiving phone calls

Call metadata including phone numbers and time & call duration

telephone records

Making and receiving phone calls

Call metadata

telephone records

Authentication, documents, usage, emails

Names, Addresses., emails, phone numbers, Health Records, Contact details, biometric (avatar), IP Address, document contents, email contents, usage records

Data Subjects, Moodle HQ

Communication in and outside of company

Names, Addresses., emails, phone numbers, Health Records, Contact details, biometric (avatar), IP Address, document contents, email contents, usage records

Data Subjects, Moodle HQ

Communication in and outside of company

Names, Addresses., emails, phone numbers, Health Records, Contact details, biometric (avatar), IP Address, document contents, email contents, usage records

Data Subjects, Moodle HQ

Internal HR functions, leave and communications

HQ personal staff information, leave information, communications details

Data Subjects, Moodle HQ

Partner billing, record keeping and communications

HQ authentication information, contact details, Moodle partner contact details, client statistics & invoicing

Data Subjects, Moodle HQ

Purchasing various services (domains, etc)

Profile data and credit card for Moodle HQ Staff or Contractor

Data Subjects, Moodle HQ

Licenses for software

Personal contact information, cloud stored work may have personal data in it

Data Subjects, Moodle HQ

Notifications of critical ICT events

Moodle HQ person information, possible data in alert if relevant to alerting

Data Subjects, Moodle HQ

Authentication, subscribed marketing & security notifications, bounce records, read and open records, link click records

Personal contact information (Name & Email)

Data Subjects, Moodle HQ

Billing & Purchasing

Billing information including name, addresses, order information

Data Subjects, Moodle HQ

Authentication, document management & office license

Contact Details, IP addresses

Data Subjects, Moodle HQ

Hosting corporate infrastructure

HQ Person information, all data covered by other register entries.

Data Subjects, Moodle HQ

Legacy ticketing system

Contact details, biometric (avatar), any details provided by user

Data Subjects, Moodle HQ

Ticketing System / Public Comms Hub

Contact details, biometric (avatar), any details provided by user

Data Subjects, Moodle HQ

CRM for Services team

Contact details, contract details with partners, any other information related to partnership with Moodle HQ

Data Subjects, Moodle HQ

Monitoring

No personal data, just system level metrics

Data Subjects, Moodle HQ

Authentication, Database/API query derived statistics

Contact details

Data Subjects, Moodle HQ

Credential and secure information store

Username and passwords for cloud services, may contain other notes

Data Subjects, Moodle HQ

Public site spam prevention

User contributed content (forum posts)

Data Subjects, Moodle HQ

DNS and Denial of Service Protection (gradually being phased out)

Website usage and all passed traffic data

Data Subjects, Moodle HQ

Voice and Video Meetings

Moodle HQ Employee contact information and recorded video

Data Subjects, Moodle HQ

Monitoring sites

Email address & Name for Authentication

Data Subjects, Moodle HQ

Virus & Malware scanning for Windows Users

Email address, Name, Scan data from local computer

Data Subjects, Moodle HQ

Moodlebot Telegram Bot (Allows Telegram to interact with Tracker and logs conversation in public chat rooms)

Any data listed in Tracker as well as free form chat

Data Subjects, Moodle HQ

Sharing created courses with other Moodle users worldwide for moodle.net

Profile data for course creators

Data Subjects, Moodle HQ

Notification & Contact Forwarding, Analytics for moodle.com

HQ Staff and Contractor profile information

Data Subjects, Moodle HQ

Moodle Staging Sites for internal use only

Any non-anonymised data from production instances for testing

Data Subjects, Moodle HQ

Test specific features as part of development

Should be no personal data stored, however IP addresses and other data may end up in logs, Moodle will also display IP data in internal logs which is publicly available

Data Subjects, Moodle HQ

Demo most recent version of software to the public

Should be no personal data stored, however IP addresses and other data may end up in logs, Moodle will also display IP data in internal logs which is publicly available

Data Subjects, Moodle HQ

Statistics and Marketing Tracking

IP addresses and logs, site behaviour analytics

Data Subjects, Moodle HQ

Communication about Moodle Moot Events

HQ Staff and Contractor profile information

Data Subjects, Moodle HQ

Ongoing testing of software

Logins for staff, possible other data as test cases

Data Subjects, Moodle HQ

Distribution of software

Source code with names in it and Moodle profiles for HQ Staff and Contractors

Data Subjects, Moodle HQ

Language translations for Moodle

Profile data

Data Subjects, Moodle HQ

Moodle documentation repository

Profile data

Data Subjects, Moodle HQ

Private Moodle Code Repository

Profile Data

Data Subjects, Moodle HQ

Learning Moodle course

Profile data, course results

Data Subjects, Moodle HQ

Public Moodle Code Repository

Profile data

Data Subjects, Moodle HQ

Storage of documents and other communications

Free form storage of documents, so any personal data is possible

Data Subjects, Moodle HQ

Home page for Moodle User Association

Profile data

Data Subjects, Moodle HQ

Data collection for applications to be part of the Partner Network

Partner applications, Profile data

Data Subjects, Moodle HQ

Service status notifications

User logins for HQ Staff

Data Subjects, Moodle HQ

User login and other information

Login and other personal profile information

Data Subjects, Moodle HQ

Course hosting service

Login and other personal profile information

Data Subjects, Moodle HQ

Testing accessibility features in Moodle

Login and other personal profile information

Data Subjects, Moodle HQ

Collaborative document/code editing

Open system with varied data as well as user IP addresses

Data Subjects, Moodle HQ

Register of research related to Moodle

Published research documents, login details and profile

Data Subjects, Moodle HQ

Hosting applications for Moodle

Login information

Data Subjects, Moodle HQ

Legacy Moodle sites

Login information

Data Subjects, Moodle HQ

Indexing for search purposes

Any data supplied over our sites network

Data Subjects, Moodle HQ

Collection and processing of anonymized data from third parties

Anonymized data from other institutions as well as login/profile for Moodle HQ employees and contractors

Data Subjects, Moodle HQ

News and information for the Development community

Login and other personal profile information. Details of specific development project participants

Data Subjects, Moodle HQ

Communication to Moodle community

Login and other personal profile information

Data Subjects, Moodle HQ

Accounts for access to software and licensing

Login and other personal profile information

Data Subjects, Moodle HQ


Privacy Notice last updated 30 May 2018.

Data Processing Agreement

BETWEEN:

(1)       You or your organization or entity as The Data Controller (“The Client or The Data Controller”); and

(2)       Moodle Pty Ltd being a company registered within Australia under ABN registered number 55116 513 636 having its registered office at 2/18 Richardson Street, West Perth, 6005 Australia (“The Data Processor").

BACKGROUND

  1. This agreement is to ensure the protection and security of data passed from The Client to The Data Processor for processing or accessed by The Data Processor on the authority of The Client for processing or otherwise received by The Data Processor for processing on behalf of The Client.
  2. The Data Processor provides to the Data Controller the Services described in Schedule 1.
  3. The provision of the Services by the Data Processor involves it in processing Personal Data on behalf of the Data Controller.
  4. The GDPR and the Data Protection Acts place certain obligations upon a Data Controller to ensure that any data processor it engages provides sufficient guarantees to ensure that the processing of the data carried out on its behalf is secure.
  5. This agreement exists to ensure that there are sufficient security guarantees in place and that the processing complies with obligations equivalent to those of the GDPR and Data Protection Acts.
  6. The terms of this Agreement are to apply to all processing of Personal Data carried out for the Data Controller by the Data Processor and to all Personal Data held by the Data Processor in relation to all such processing.

 

IT IS AGREED

1.         DEFINITIONS AND INTERPRETATION

1.1      In this agreement:

“The Data Protection Acts” or "The Acts" means the Data Protection Acts 1988 and 2003 and The Data Protection Act 2018 (when enacted) and EU Directive 95/46/EC;

"Data" means any information of whatever nature that, by whatever means, is provided to The Data Processor by The Client, is accessed by The Data Processor on the authority of The Client, or is otherwise received by The Data Processor on behalf of the Client, for the purposes of the Processing specified in clause 3.1(a), and shall include, without limitation, any Personal Data;

"Data Subject", "Personal Data" and "Processing" shall have the same meanings as are assigned to those terms in the Acts;

“GDPR” means the General Data Protection Regulation, being Regulation (EU) 2016/679;

“Schedule” means the schedule annexed to and forming part of this Agreement;

"Services" means processing of the Data by The Data Processor in connection with and for the purposes of the provision of the services to be provided by The Data Processor to The Client under the Services Agreement;

“Services Agreement” means the agreement for the provision of services between The Client and The Data Processor identified in the Schedule 1.

“Security Measures” means the security measures set out in the Schedule 2.

 

1.2      In this agreement any reference, express or implied, to any enactment (which includes any legislation in any jurisdiction) includes references to:

(a)       that enactment as re-enacted, amended, extended or applied by or under any other enactment (before, on or after the date of this agreement);

(b)       any enactment which that enactment re-enacts (with or without modification); and

(c)        any subordinate legislation made (before, on or after the date of this agreement) under that enactment, as re-enacted, amended, extended or applied as described in clause 1.2(a), or under any enactment referred to in clause 1.2(b).

1.3      In this agreement:

(a)       references to a person include an individual, a body corporate and an unincorporated association of persons;

(b)       references to a party to this agreement include references to the successors or assignees (immediate or otherwise) of that party.

2.         APPLICATION OF THIS AGREEMENT

2.1      The terms of this Agreement are to apply to all processing of Personal Data carried out for the Data Controller by the Data Processor and to all Personal Data held by the Data Processor in relation to all such processing whether such Personal Data is held at the date of this Agreement or received afterwards. The terms of this Agreement supersede any other arrangement, understanding or agreement including any Services Agreement made between the parties at any time relating to protection of Personal Data.

3          CHARGE

3.1      The Client will pay to the Data Processor a fee for the provision of the services as set out in the Schedule 1 hereto or in any associated master agreement. Without prejudice to those agreements, The Data Processor accepts the obligations in this Agreement in consideration of the payment of €1.00 from the Data Controller which the Data Processor hereby acknowledges.

4.         DATA PROCESSING

4.1      The Client acknowledges that it is the Data Controller in respect of any personal data that The Data Processor processes in the course of providing Services to The Client on its own behalf, and that Moodle Pty Limited is the Data Processor.

4.2      The Data Processor acknowledges that it is the Data Processor in respect of any personal data that the Client allows access to or provides to it for the purposes of providing Services to The Client and that, in such a context, the Client is the Data Controller.

4.3      The Data Processor takes sole responsibility for its compliance, as data processor, with the requirements of the GDPR and the Data Protection Acts and of the contract herein.

4.4      If the Data Processor processes personal data other than as instructed by The Client, The Data processor shall be considered to be a controller in respect of that processing and shall be subject to the rules and legal obligations on data controllers as laid down in the Acts.

4.5      In consideration of the undertakings provided by The Client in clause 5 of this agreement, The Data Processor agrees to Process the Data to which this agreement applies by reason of clause 2 in accordance with the terms and conditions set out in this agreement, and in particular The Data Processor agrees that it shall:

a)    process the Data at all times in accordance with the GDPR and the Data Protection Acts and solely for the purposes (connected with provision by The Data Processor of the Services), to the extent and in such manner as is necessary for those purposes and in the manner specified from time to time by The Client in writing and for no other purpose or in any manner except with the express prior written consent of The Client;

b)    in a manner consistent with the GDPR and the Data Protection Acts and with any guidance issued by the relevant Data protection authority, implement appropriate technical and organizational measures to safeguard the Personal Data from unauthorized or unlawful Processing or accidental loss, destruction or damage, and that having regard to the state of technological development and the cost of implementing any measures, such measures shall ensure a level of security appropriate to the harm that might result from unauthorized or unlawful processing or accidental loss, destruction or damage and to the nature of the Data to be protected. The details of those security measures for the time being are set out in Schedule 2 hereto;

c)    in particular, ensure that appropriate security measures shall be taken against unauthorized access to, or unauthorized alteration, disclosure or destruction of, the data, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing. The details of those security measures for the time being are set out in Schedule 2 hereto;

d)    comply, in processing of the data, with The Client’s information security policies and procedures as defined or as may be communicated from time to time or specified in the context of a particular project or instance of processing;

e)    ensure that each of its employees, agents and subcontractors are made aware of its obligations under this agreement with regard to the security and protection of the Data and shall require that they enter into and enforce binding obligations with The Data Processor in order to maintain the levels of security and protection provided for in this agreement, including the agreement Appended at Schedule 2;

f)     not divulge the Data whether directly or indirectly to any person, firm or company or otherwise without the express prior written consent of The Client except to those of its employees, who are engaged in the Processing of the Data and are subject to written terms substantially the same as the terms contained in this processor agreement or except as may be required by any law or regulation;

g)    not divulge the Data, whether directly or indirectly to any person, firm or company or otherwise except with the express prior written consent of The Client, and to agents or subcontractors who are subject to written terms substantially the same as the terms contained in this processor agreement, or except as may be required by any law or regulation;

h)    provide The Client on demand with the text of any such written terms to which its employees, subcontractor or agents are subject with regard to their processing of Data;          

i)      upon the request of The Client, promptly provide a written description of the technical and organizational measures employed by it and/or any of its permitted sub-contractors, detailed to such a level that The Client can determine whether or not, in connection with personal data, the Supplier and its permitted subcontractors are complying with their obligations under this Agreement.  If, as a result of an independent audit by The Client, its Agents, or the Office of the Data Protection Commissioner, the measures employed by the Data Processor and/or its permitted subcontractors are not sufficient to ensure compliance with their obligations under this Agreement, the Data Processor shall take all steps (or procure that its permitted sub-contractors take all steps) which are reasonably required to ensure that such compliance is achieved;

j)      afford to The Client (and procure that its permitted sub-contractors afford to The Client) access on at least 14 working days notice, and at reasonable intervals, to any premises where the relevant personal data are being processed to enable The Client to ensure that the Data Processor is complying with its obligations under this Agreement and/or that the Data Processor’s permitted subcontractors are complying with the equivalent contractual obligations imposed on them;

k)    notify the Data Controller (within 2 working days) if it receives:

i)      a request from a data subject to have access to that person’s Personal Data

ii)    or a complaint or request relating to the Data Controller obligations’ under the Act;

l)      provide the Data Controller with full cooperation and assistance in relation to any complaint or request made, including by:

i)      providing the Data Controller with full details of the complaint or request

ii)    complying with a data access request within the relevant timescale set out in the Act and in accordance with the Data Controller’s instructions; providing the Data Controller with any Personal Data it holds in relation to a data subject (within the timescales required by the Data Controller)

iii)   providing the Data Controller with any information requested by the Data Controller;

m)  notify the Data Controller immediately if it becomes aware of:

i)      any unauthorized or unlawful processing, loss of, damage to or destruction of any of the Personal Data

ii)    or any advance in technology and methods of working which mean that the Data Controller should revise the security measures set out in Schedule 2;

n)    in the event of the exercise by Data Subjects of any of their rights under the Acts in relation to the Data directly to the Data Processor, inform The Client as soon as possible, and The Data Processor further agrees to assist The Client with all data subject information requests which may be received from any Data Subject in relation to any Data;

o)    in the event that The Data Processor receives a request for any information contained in the Data pursuant to the acts, not to respond to the person making such request but to notify The Client within 2 working days, and The Data Processor further agrees to assist The Client with all such requests for information which may be received from any person within such reasonable timescales as may be prescribed by The Client;

p)    for the purposes of this Agreement, procure a right in favour of The Client to enforce the obligations imposed on The Data Processor’s permitted subcontractors directly against such sub-contractors and shall also procure that the terms of any sub-contract shall be governed by the Laws of Ireland and be subject to the jurisdiction of the Irish courts;

q)    not Process or transfer the Data outside of the European Economic Area except for limited specified purpose and with the express consent of The Client;

r)     to notify all incidents of loss of control of personal data in manual or electronic form to the Client, as soon as it becomes aware of the incident, such that the The Client can notify the Data Protection Commissioner within 24 hours;

s)    in the event of any such breach, to take prompt action to remedy the cause of the breach and to share the costs of such remedy with the Data Controller equally;

t)     in the event of any such breach, to share the costs of investigation into said breach with the Data Controller equally;

u)    in the event of any such breach, to promptly, and at its own expense provide The Client on request with all information required to fulfil its obligations, as Data Controller, under all applicable laws, regulations and codes of practice;

v)    to otherwise comply with all applicable laws and regulations and with the Personal Data Security Breach Code of Practice insofar as they apply to it;

w)   The Data Processor shall maintain the Personal Data processed by the Data Processor on behalf of the Data Controller in confidence, and in particular, unless the Data Controller has given written consent for the Data Processor to do so, the Data Processor shall not disclose any Personal Data supplied to the Data Processor by, for, or on behalf of, the Data Controller to any third party. The Data Processor shall not process or make any use of any Personal Data supplied to it by the Data Controller otherwise than in connection with the provision of the Services to the Data Controller. The above obligations in this Clause 4.5 (w) shall continue for a period of five (5) years after the cessation of the provision of Services by the Data Processor to the Data Controller. Nothing in this Agreement shall prevent either party from complying with any legal obligation imposed by the Data Protection Commissioner or a court. Both parties shall however, where possible, discuss together the appropriate response to any request from the Data Protection Commissioner or court for disclosure of information;

x)    The Data Processor shall take appropriate measures to ensure that the people processing the data on its behalf are subject to a duty of confidence;

y)    The Data Processor shall not subcontract to any third party any of its rights or obligations under this Agreement without the prior written consent of the Data Controller. Where the Data Processor, with the written consent of the Data Controller, does subcontract, it shall do so only by way of a written sub-processing agreement with the subcontractor which imposes the same obligations on the subcontractor as are imposed on the Data Processor under this Agreement and which permits both the Data Processor and the Data Controller to enforce those obligations. For the avoidance of doubt, where the subcontractor does not meet its obligations under any sub-processing agreement, the Data Processor shall remain fully liable to the Data Controller for meeting its obligations under this Agreement;

z)    The Data Processor shall delete or return all personal data to The Client, as requested, on the termination of this contract;

aa)The Data Processor shall submit to audits and inspections by or on behalf of The Client, provide the Client with whatever information it needs to ensure that they are both meeting their obligations under Article 28 of the GDPR, and will tell the controller immediately if it is asked to do something infringing the GDPR or other data protection law of the EU or a member state;

bb)All copyright, database right and other intellectual property rights in any Personal Data processed which is subject to this Agreement (including but not limited to any updates, amendments or adaptations to the Personal Data by either the Data Controller or the Data Processor) shall belong to the Data Controller. The Data Processor is licensed to use such Personal Data under such rights only for the term of, for the purposes of the Services, and in accordance with this Agreement;

cc) This Agreement shall continue in full force and effect for so long as the Data Processor is processing Personal Data on behalf of the Data Controller, and thereafter as provided in Clause 4.5 (w).

5.         OBLIGATIONS OF THE CLIENT

5.1      In consideration of the obligations undertaken by The Data Processor in clause 3, The Client agrees that it shall ensure that it complies at all times with any applicable enactment, and in particular with its obligations as Data Controller under the GDPR and Data Protection Acts.

5.2      In particular, The Client shall ensure that any disclosure of Personal Data made by it to The Data Processor is made with the data subject's consent, which consent shall have been obtained freely, fairly and after the data subject has been fully informed as to all processing to be applied or is otherwise lawful.

5.3      The Client shall comply with its responsibilities under with all applicable laws, regulations and codes of practice.

6.         INDEMNITY

6.1      Without prejudice to the right of The Client to pursue any other remedies which are available to it under this contract or any applicable legal provision, in the event of loss or damage to Data while it is in The Data Processor’s possession or control, or as a result of any act or default of the Data Processor, the Data Processor shall immediately notify The Client of same and take immediate steps to remedy the said loss or damage in the terms of Clause 4.5 (s). Other than as set out in Clause 4 of this agreement, The Client acknowledges that it shall indemnify the Data Processor for any loss or damage suffered by the Data Processor, its servants or agents in the performance of this Agreement, howsoever they arise.

7.         DISCLAIMER OF LIABILITY

7.1      The Data Processor hereby disclaims any liability for any loss or damage suffered by The Client in consequence of any failure by The Client, its servants or agents, to comply with the laws, regulations and codes of practice of any jurisdiction.

8.         TERMINATION

8.1      This agreement shall terminate automatically upon termination or expiry of The Data Processor obligations’ in relation to the Services, and on termination of this agreement The Data Processor shall forthwith deliver to The Client or destroy, at The Client’s sole option, all Data in its possession or under its control which has been provided by Direct. Either party may terminate this contract on 30 days written notice to the other party, or without notice in the event of a breach of any of the terms of this agreement.

9.         GOVERNING LAW

9.1      This agreement will be governed by the laws of the Republic of Ireland, and the parties submit to the exclusive jurisdiction of the Irish courts for all purposes connected with this agreement, including the enforcement of any award or judgment made under or in connection with it.

10.      WAIVER

10.1    Failure by either party to exercise or enforce any rights available to that party or the giving of any forbearance, delay or indulgence shall not be construed as a waiver of that party's rights under this agreement.

11.      INVALIDITY

11.1    If any term or provision of this agreement shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law such term or provision or part shall to that extent be deemed not to form part of this agreement but the enforceability of the remainder of this agreement shall not be affected provided however that if any term or provision or part of this agreement is severed as illegal or unenforceable, the parties shall seek to agree to modify this agreement to the extent necessary to render it lawful and enforceable and as nearly as possible to reflect the intentions of the parties embodied in this agreement including without limitation the illegal or unenforceable term or provision or part.

12.      ENTIRE AGREEMENT

12.1    This agreement and the documents attached to or referred to in this agreement shall constitute the entire understanding between the parties and shall supersede all prior agreements, negotiations and discussions between the parties.  In particular the parties warrant and represent to each other that in entering into this agreement they have not relied upon any statement of fact or opinion made by the other, its officers, servants or agents which has not been included expressly in this agreement.  Further, each party hereby irrevocably and unconditionally waives any right it may have:

(a)       to rescind this agreement by virtue of any misrepresentation;

(b)       to claim damages for any misrepresentation whether or not contained in this agreement;

save in each case where such misrepresentation or warranty was made fraudulently.

13.      NOTICES

13.1    Notices shall be in writing and shall be sent to the other party marked for the attention of the person at the address set out below.  Notices may be sent by mail, email or facsimile transmission. Correctly-addressed notices sent by mail shall be deemed to have been delivered 72 hours after posting and correctly directed email or facsimile transmissions shall be deemed to have been delivered instantaneously on transmission providing that they are confirmed as set out as above.

If for The Client: email address provided to the Data Processor

If for The Data Processor: privacy@moodle.com;

SCHEDULE 1

THE SERVICES AGREEMENT

Description of all Personal Data Accepted by way of Data Transfer from the Data Controller:

1)    Information stored in Airnotifier server related to the Moodle website of the Data Controller, the device of the Moodle website’s end user

 

-       website address

-       website admin email

-       Pushid - The “device token”, a unique identifier of the device in Google or Apple system

 

2)    Information processed by Airnotifier server (not stored)

 

-       User id - The id of the user on the Moodle website database

-       User name - The user name used mostly for logging-in

-       User from id - The id of the user who sends the notification

-       User from name - The user name of the user who sends the notification

-       User full name - The full name (first name and second name) of the user who receives the notification

-       Date and time - The date the notification was sent

-       Subject of the notification

-       Notification - this is a boolean field indicating whether is a notification or message

-       Small message - a summary of the message that is being sent

-       Full message - the full message

-       Device platform - the type of device (Android or Apple device)

 

Its purpose:

Enable the end users of the Moodle platform to receive push notifications as determined by the administrator of their Moodle installation through the Mobile application.

Processing the Data Controller requires to be performed upon it:

-       register the Moodle website on the webpage informed by the Data Processor

-       Request access key on the Airnotifier server in order to enable the push notifications service

 

Charging Agreement

As per Clause 3 of this Data Processing Agreement, in consideration of the provision of the services the Data Processor acknowledges that consideration in the sum of €1.00 shall be paid on request.

 

 


 

SCHEDULE 2

 

The following are the Security Measures referred to in Sub-Clause 1.1.:

1.             The Data Processor will ensure that in respect of all Personal Data it receives from or processes on behalf of the Data Controller it maintains security measures to a standard appropriate to:

 

1.1          the harm that might result from unlawful or unauthorized processing or accidental loss, damage or destruction of the Personal Data; and

1.2          the nature of the Personal Data.

2.             In particular the Data Processor shall:

2.1          ensure that it

2.1.1     defines security needs based on a risk assessment;

2.1.2     allocates responsibility for implementing the policy to a specific individual or members of a team;

2.1.3     that the required information is disseminated to all relevant staff; and

2.1.4     provides a mechanism for feedback and review.

2.2          ensure that appropriate security safeguards and virus protection are in place to protect the hardware and software which is used in processing the Personal Data in accordance with best industry practice;

2.3          prevent unauthorized access to the Personal Data;

2.4          ensure the storage of Personal Data conforms with best industry practice such that the media on which Personal Data is recorded (including paper records and records stored electronically) are stored in secure locations and access by personnel to Personal Data is strictly monitored and controlled;

2.5          have secure methods in place for the transfer of Personal Data whether in physical form (for instance, by using couriers rather than post) or electronic form (for instance, by using encryption);

2.6          put password protection on computer systems on which Personal Data is stored and ensure that only authorized personnel are given details of the password;

2.7          take reasonable steps to ensure the reliability of employees or other individuals who have access to the Personal Data;


2.8          ensure that any employees or other individuals required to access the Personal Data are informed of the confidential nature of the Personal Data and comply with the obligations set out in this Agreement;

2.9          ensure that none of the employees or other individuals who have access to the Personal Data publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the Data Controller;

2.10      have in place methods for detecting and dealing with breaches of security (including loss, damage or destruction of Personal Data) including:

 

2.10.1 the ability to identify which individuals have worked with specific Personal Data;

2.10.2 having a proper procedure in place for investigating and remedying breaches of the data protection principles contained in the Acts; and

2.10.3 notifying the Data Controller as soon as any such security breach occurs.

2.11      have a secure procedure for backing up and storing back-ups separately from originals;

2.12      have a secure method of disposal of unwanted Personal Data including for back-ups, disks, print outs and redundant equipment.

Privacy Notice

Data Processing Agreement

Last modified: Wednesday, 30 May 2018, 11:50 PM