DATA PROCESSING AGREEMENT
Effective as of October 9, 2018
AGREEMENT dated on the date when you agree to use or order our services available on the website https://qmaro.comwhichever occurs first (hereinafter the "Services").
(1) You as a client of the Services (hereinafter the "Controller"); and
(2) QMARO LIMITED, a private limited company, incorporated in the Republic of Cyprus under registry number ΗΕ 296126, which act as an IT, security and customer care outsourced services provider that delivers business-to-business solutions to the Controller (hereinafter the "Processor"). The term "Processor" shall include any associated company, representatives, agents or branches in any country.
(A) This Agreement is to ensure there is in place proper arrangements relating to personal data passed from the Controller to the Processor.
(B) This Agreement is compliant with the requirements of Article 28 of the General Data Protection Regulation.
(C) The parties wish to record their commitments under this Agreement.
IT IS AGREED AS FOLLOWS:
1. DEFINITIONS AND INTERPRETATION
In this Agreement:
- "Data Protection Laws" mean the any EU national data protection act, together with successor legislation incorporating the GDPR;
- "Data" means personal data, as defined in the GDPR, passed under this Agreement to the Processor from the Controller which uses the Services;
- "GDPR" means Regulation (EU) 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.
2. DATA PROCESSING
Controller is the data controller for the Data and the Processor is the data processor for the Data. The Data Processor agrees to process the Data only in accordance with Data Protection Laws and in particular on the following conditions:
a. the Processor shall only process the Data (i) on the written instructions from Controller (ii) only process the Data for completing the Services (Article 28, para 3(a) GDPR);
b. ensure that all employees and other representatives accessing the Data are (i) aware of the terms of this Agreement and (ii) have received comprehensive training on Data Protection Laws and related good practice, and (iii) are bound by a commitment of confidentiality (Article 28, para 3(b) GDPR);
c. the Controller and the Processor have agreed to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, complying with Article 32 of GDPR, details of those measures are set out under the GDPR (Article 28, para 3(c) GDPR);
d. the Processor shall not involve any third party in the processing of the Data without the consent of Controller. Such consent may be withheld without reason. If consent is given a further processing agreement will be required (Article 28, para 3(d) GDPR - the list of associated company, representatives, agents or branches in any country and partners (third parties) available on the website of the Processor);
e. taking into account the nature of the processing, assist Controller by appropriate technical and organisational measures, in so far as this is possible, for the fulfilment of Controller` obligation to respond to requests from individuals exercising their rights laid down in Chapter III of GDPR – rights to erasure, rectification, access, restriction, portability, object and right not to be subject to automated decision making etc (Article 28, para 3(e) GDPR);
f. assist Controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 of GDPR – security, notification of data breaches, communication of data breaches to individuals, data protection impact assessments and when necessary consultation with the national regulator, taking into account the nature of processing and the information available to the Processor (Article 28, para 3(f) GDPR);
g. at Controller's choice safely delete or return the Data at any time. Where the Processor is to delete the Data, deletion shall include destruction of all existing copies unless otherwise a legal requirement to retain the Data. Upon request by Controller the Processor shall provide certification of destruction of all Data (Article 28, para 3(g) GDPR);
h. make immediately available to Controller all information necessary to demonstrate compliance with the obligations laid down under this Agreement and allow for and contribute to any audits, inspections or other verification exercises required by Controller from time to time (Article 28, para 3(h) GDPR);
i. maintain the integrity of the Data, without alteration, ensuring that the Data can be separated from any other information created; and
j. immediately contact Controller if there is any personal data breach or incident where the Data may have been compromised.
The Controller or Processor may immediately terminate this Agreement on written notice to the other party.
This Agreement represents the entire understanding of the parties relating to necessary legal protections arising out of their data controller/processor relationship under the Data Protection Laws.