Subprocessors

Frinksyn LLP (“Frinksyn LLP”) uses certain sub-processors to assist it in providing the Frinksyn LLP Services as described in the Terms of Service (“Terms”). Defined terms used herein shall have the same meaning as defined in the Terms.

What is a Subprocessor

A subprocessor is a third party data processor engaged by Frinksyn LLP, who has or potentially will have access to or process Service Data (which may contain Personal Data). Frinksyn LLP engages different types of sub-processors to perform various functions as explained in the tables below. Frinksyn LLP refers to third parties that do not have access to or process Service Data but who are otherwise used to provide the Services as “subcontractors” and not subprocessors.

Due Diligence

Frinksyn LLP undertakes to use a commercially reasonable selection process by which it evaluates the security, privacy and confidentiality practices of proposed sub-processors that will or may have access to or process Service Data.

Contractual Safeguards

Frinksyn LLP requires its sub-processors to satisfy equivalent obligations as those required from Frinksyn LLP (as a Data Processor) as set forth in Frinksyn LLP’s Data Processing Agreement (“DPA”), including but not limited to the requirements to:

Process Personal Data in accordance with data controller’s (i.e. Subscriber’s) documented instructions (as communicated in writing to the relevant subprocessor by Frinksyn LLP);
in connection with their subprocessing activities, use only personnel who are reliable and subject to a contractually binding obligation to observe data privacy and security, to the extent applicable, pursuant to applicable data protection laws;
provide regular training in security and data protection to personnel to whom they grant access to Personal Data;
implement and maintain appropriate technical and organizational measures (including measures consistent with those to which Frinksyn LLP is contractually committed to adhere insofar as they are equally relevant to the subprocessor’s processing of Personal Data on Frinksyn LLP’s behalf) and provide an annual certification that evidences compliance with this obligation. In the absence of such certification Frinksyn LLP reserves the right to audit the subprocessor;
promptly inform Frinksyn LLP about any actual or potential security breach;
and cooperate with Frinksyn LLP in order to deal with requests from data controllers, data subjects or data protection authorities, as applicable.

This policy does not give Subscribers any additional rights or remedies and should not be construed as a binding agreement. The information herein is only provided to illustrate Frinksyn LLP’s engagement process for sub-processors as well as to provide the actual list of third party sub-processors and content delivery networks used by Frinksyn LLP as of the date of this policy (which Frinksyn LLP may use in the delivery and support of its Services).

If you are a Frinksyn LLP Subscriber and wish to enter into our DPA, please email us at dpo@frinksyn.com .

Process to Engage New Subprocessors

For all Subscribers who have executed Frinksyn LLP’s standard DPA, Frinksyn LLP will provide notice via this policy of updates to the list of sub-processors that are utilized or which Frinksyn LLP proposes to utilize to deliver its Services. Frinksyn LLP undertakes to keep this list updated regularly to enable its Subscribers to stay informed of the scope of subprocessing associated with the Frinksyn LLP Services.

Pursuant to the DPA, a Subscriber can object in writing to the processing of its Personal Data by a new subprocessor within thirty (30) days after updating of this policy and shall describe its legitimate reasons to object. If a Subscriber does not object during such time period the new subprocessor(s) shall be deemed accepted.

If a Subscriber objects to the use of a subprocessor pursuant to the process provided under the DPA, Frinksyn LLP shall have the right to cure the objection through one of the following options (to be selected at Frinksyn LLP’s sole discretion):

(a) Frinksyn LLP will cease to use the subprocessor with regard to Personal Data;

(b) Frinksyn LLP will take the corrective steps requested by Subscriber in its objection (which remove Subscriber’s objection) and proceed to use the subprocessor to process Personal Data; or

(c) Frinksyn LLP may cease to provide or Subscriber may agree not to use (temporarily or permanently) the particular aspect of a Frinksyn LLP Service that would involve the use of the subprocessor to process Personal Data.

Termination rights, as applicable and agreed, are set forth exclusively in the DPA. The following is an up-to-date list (as of the date of this policy) of the names and locations of Frinksyn LLP sub-processors and content delivery networks:

Infrastructure Sub-processors – Service Data Storage

Frinksyn LLP owns or controls access to the infrastructure that Frinksyn LLP uses to host Service Data submitted to the Services, other than as set forth below. Currently, the Frinksyn LLP production systems for the Services are located in co-location facilities in the United States. The Subscriber’s Service Data remains in that region, but may be shifted among data centers within a region to ensure performance and availability of the Services. The following table describes the countries and legal entities engaged in the storage of Service Data by Frinksyn LLP.

Entity Name	Entity Type	Entity Country
Google Cloud	Cloud Service Provider	United States

Service Specific Subprocessors

Frinksyn LLP works with certain third parties to provide specific functionality within the Services. These providers are the Subprocessors set forth below. In order to provide the relevant functionality these Subprocessors access Service Data. Their use is limited to the indicated Services.

Entity Name	Entity Type	Entity Country
Hubspot Inc.	Cloud-based Marketing, Sales and CRM Platform	United States
Hostinger International, Ltd	Web-Hosting,Web-Server, Web-Infrastructure Provider	United States