Terms & Conditions

WORKING TOWN TERMS OF SERVICE WITH DATA PROTECTION AGREEMENT ADDENDUM

 

1.            Introduction

1.1.         These service terms and conditions (these ‘Terms’) are the only terms that govern the relationship between this website www.workingtown.com (the ‘Website’, ‘Working Town’, ‘Us’, or ‘We’), whether or not such website is accessed from a web browser or a mobile app, which is owned and operated by Azure Rock Partners Limited, a company registered in Malta with registration number C 62259 and with registered address at Med Isle Business Centre, Censu Farrugia Street, Msida, MSD1095, Malta (the ‘Owner’ or ‘Azure Rock’) and you (‘You’, or the ‘User’) (The Website and You hereinafter collectively referred to as ‘Parties’). These Terms shall supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. For the purpose of these Terms, the terms ‘Website’, ‘Working Town’, ‘Us’, or ‘We’ shall also refer to the Owner or its successors in title.

1.2.         These Terms are the only terms that govern your access to and use of this Website, and for the purpose of these Terms, the term ‘Website’ shall refer to the Website as a whole with all its platforms, services, functions and features provided thereon, including, inter alia, job listing, job search facility, job registration services, selection and recruitment services, and company administered accounts (‘Accounts’) for which Users must register to access specific services, functions and features available on the Website for different types of Users as specified in these Terms. All such services as may be provided by and on the Website are collectively referred to as the ‘Services’ whether or not such Services are accessed through an Account. Any reference in this Agreement to ‘Website’ or ‘Working Town’ shall also mean reference to ‘Services’. Any reference in this Agreement to ‘Services’ shall also mean reference to ‘Accounts’.

1.3.         By accessing and using the Website, You signify that you have read, understood and agreed to be bound by these Terms, whether or not you have registered for any Service thereon. Furthermore, by accessing and using this Website, You agree to comply with these Terms.

1.4.         If You are using this Website on behalf of a third party, whether such third party is a natural person, a partnership, a company or any other legal person, whether or not vested with juridical personality (the ‘Third Party’), then the term ‘You’ shall also refer to such Third Party. If You are using this Website on behalf of a Third Party, you hereby warrant that you are an authorised representative of such Third Party with the authority to bind such Third Party to these Terms. Provided that by using this Website on behalf of a Third Party, You agree to bear responsibility for any breach of these Terms on the part of such Third Party, and that it shall be entirely in our discretion to exercise our rights at law against You or the Third Party jointly or severally.

1.5.         If, at any time, you wish to not be bound by these Terms, or if you do not agree to these Terms now or to the Terms as they may be modified in the future, whether in part or in whole, you shall exit the Website and refrain from using it. Continued use of this Website shall be construed as Your continued acceptance of these Terms.

 

2.            Types of Users

2.1.         The term ‘User’, unless otherwise specified, shall refer to any person who accesses and uses this Website and who is therefore bound to these Terms in accordance with Section 1, whether or not such User has registered for and has access to an Account.

2.2.         The term ‘Job Seeker’ shall refer to any User who has registered for an Account in order to use services, functions and features designated specifically for Users whose primary interest is to scout for vacancies by using the Website’s job-seeking services. Users registered as Job Seekers shall be released from the observance of Section 4 of these Terms.

2.3.         The Term ‘Employer’ shall refer to any User who has registered for an Account in order to use services, functions and features designated specifically for Users whose primary interest is to list vacancies on the Website by using the Website’s listing services. Users registered as Employers shall be released from the observance of Section 5 of these Terms.

2.4.         The Term ‘Recruiter’ shall refer to any User who has registered for an Account in order to use services, functions and features designated specifically for Users whose primary interest is to search and select candidates for third-party organisations.  Users registered as Recruiters shall be released from the observance of Section 5 of these Terms.

 

3.            General Website Terms

3.1.         Applicability

3.1.1.     These general website terms (‘General Website Terms’) shall be applicable in relation to all Users.

 

3.2.         Account

3.2.1.     You shall not have access to an Account unless you register therefor following the relevant registration process (the ‘Registration Process’). Registration for an Account shall not be possible unless You provide such information as We may require in the registration process, including but not limited to a valid e-mail address on which We can reach you. Once the Registration Process has been duly completed and Your registration has been authorised from Our end, You will be given access to Your Account. You shall be solely responsible for the protection and confidentiality of any password or other designated information to the like effect necessary for accessing Your Account. You shall similarly be solely responsible for actions arising out of the use of Your Account as further specified hereunder.

3.2.2.     You agree that the registration of an Account and eventual use thereof shall not bestow upon You any ownership or propriety rights over the said Account such that if access to Your Account is restricted or Your Account is terminated, whether by Us or by You, it shall be, to the fullest extent possible by law, in the sole discretion of Working Town whether or not to provide You copy of the data contained in such Account, including content generated on the Website by You as specified hereunder.

3.2.3.     We reserve the right to restrict your access to Your Account, in whole or in part, without notice, if, for any reason, we believe that You have not complied with these Terms, and it shall be in the Website’s discretion to lift such restriction. Provided that nothing in this clause shall limit Our right to terminate your Account entirely, at our sole discretion, provided that in such case you shall be duly notified in the manner provided for in these Terms that Your Account has been terminated.

3.2.4.     Upon restriction or termination of Your Account, whether such restriction or termination has been affected by Us or by You, all the clauses of these Terms shall continue to survive except for those clauses that grant you access, or are specifically related, to the Account.

 

3.3.         User Generated Content

3.3.1.     Content generated on the Website by You, whether or not such content is visible to other Users, whether or not such Users have registered for an Account or not, shall be referred to in these Terms as ‘User Generated Content’. User Generated Content includes, inter alia, information uploaded on the Account, whether or not such information is visible to some, none, or all Users (‘Account Details’); information pertaining to a vacancy offered to Job Seekers (‘Job Listing’); and applications, including any supporting information or documentation, submitted by Job Seekers for the attention of Employers or Recruiters (‘Job Application’).

3.3.2.     You shall be solely responsible for any and all User Generated Content generated by You through your Account on the Website.

3.3.3.     You hereby represent and warrant in relation to any User Generated Content generated by You that any such User Generated Content is true, accurate, and complete, and further warrant that such User Generated Content is not inaccurate; incomplete; false; unlawful; illegal; defamatory; libellous; offensive; discriminatory; obscene, pornographic or sexually explicit; in breach of any legally enforceable confidentiality, non-disclosure or privacy; in breach of contractual restrictions; in breach of any rights of any third party; in violation of privacy, publicity, copyright, patent, trademark, trade secret or other intellectual property or proprietary rights of any third-party; or otherwise contrary to the law or contrary to what is reasonably expected from Your end having regard to the nature of the Website and its Services.

3.3.4.     Working Town reserves the right to remove, at its sole discretion and without any need to procure a prior notice or explanation, any User Generated Content generated by You which, in Our opinion and at Our discretion breaches the provisions of this section.

3.3.5.     User Generated Content includes links uploaded or created by You linking to other parts of the internet other than the Website. Working Town reserves the right to remove, or request You to remove any link uploaded or created on or through the Website.

 

3.4.         Use of Website

3.4.1.     By using the Website and its Services You understand that You may expose yourself to liability if the manner in which you access and use the Website, including Your User Generated Content is in breach of law or third-party rights.

3.4.2.     You agree that in the event that you create a frame, mirror, link or any other feature to the like effect on any other part of the internet not being the Website, subject to the consent as hereunder provided, You do so at Your own risk and the exclusion of liability in Clause 6.3 of these Terms in the event of any claim arising out of or in connection with this clause applies mutatis mutandis.

3.4.3.     In using the Website, whether or not through an Account, You agree that You shall not:

3.4.3.1. Create Accounts under false or fraudulent pretences; or use the Account other for yourself or a Third Party;

3.4.3.2. Post User Generated Content that is in breach of Section 3.3 of these Terms;

3.4.3.3. Act in a manner that is harassing, threating, abusive, racist, or bigoted, or otherwise objectionable as the Website may determine;

3.4.3.4. Promote, endorse or further illegal activities, including, without limitation, the use of drugs and illegal substances; and the exploitation of persons in sexual or violent manner;

3.4.3.5. Use the Website for commercial activities and/or promotions of any kind or nature;

3.4.3.6. Imply, in any way whatsoever, an endorsement from Working Town without Our prior express written consent;

3.4.3.7. Breach the provisions of Regulation 2016/679 General Data Protection Regulation and the Data Protection Act, Chapter 586 of the Laws of Malta (‘Data Protection Laws’) where the use of the Website, including but not limited through the use of Your Account, constitutes Controlling or Processing of data. For the purpose of these Terms, the terms ‘Controlling’ and ‘Processing’ shall have the meaning assigned to them in the Data Protection Addendum (‘Addendum’). Furthermore, where the use of the Website constitutes Controlling or Processing as aforementioned, You shall be bound by the terms of the Addendum;

3.4.3.8. Introduce software or automated agents to Working Town, or access Working Town so as to produce multiple Accounts, generate automated messages or to scrape, strip or mine data from Working Town without Our express written permission;

3.4.3.9. ‘Frame’ or ‘mirror’ or otherwise incorporate any part of Working Town into any website or do any action having a consequence of the like effect, including, links created on other parts of the internet, not being the Website, linking to the Website or any part of it without the express written consent of Working Town;

3.4.3.10.               Copy or use information or data on Working Town, other than Your User Generated Content;

3.4.3.11.               Sell, resell, rent, lease, loan, trade or otherwise monetise access to Working Town or any content thereon, without express written permission from the Website;

3.4.3.12.               Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality or Working Town;

3.4.3.13.               Introduce any viruses, trojan horses, worms, time bombs, cancelbots, corrupted files or similar software to Working Town; or attempt to circumvent any security feature of Working Town.

 

3.5.         Links to Third Parties

3.5.1.     From time to time the Website may make available through or on the Website links to other parts of the internet maintained by third parties (‘Third-Party Websites)’. The Website does not control, monitor or review any information, products, services, offers, features, platforms or any other matter on Third-Party Websites, nor does the Website endorse any such products, services, offers, features, platforms or otherwise provided by Third-Party Websites. Working Town does not provide any warranty in relation to the reliability, factualness, or lawfulness of information provided on or through Third-Party Websites nor does the Website warrant that Third-Party Websites or any information, products or services provided on or through such Third-Party Websites are free from viruses, cookies, malware or other unwanted electronic content or otherwise not secure.

3.5.2.     Your surfing on other parts of the internet other than the Website, even though such surfing may originate from links contained on the Website, is solely at Your own risk and the exclusion of liability in Clause 6.3 of these Terms in the event of any claim arising out of or in connection with this clause applies mutatis mutandis.

 

3.6.         Information Provided by the Website

3.6.1.     From time to time Working Town may provide Users with information about employment laws, HR management and matters concerning careers, job interviews, etc. You understand that any information provided by the Website, including but not limited to the information referred to in this clause, is designed solely to provide guidance to Users and is not intended to be a substitute for Users seeking personalised professional advice based on specific factual situations. Information provided by Working Town may contain references to certain laws and regulations, whether domestic or otherwise, which may change over time and the Website does not warrant that such references are updated to reflect such change. Furthermore, any references on the Website to specific laws and regulations are to be understood and interpreted in general terms not referring to specific circumstances. Information contained on the Website, whether or not referring to laws and regulations, does not constitute professional advice and should not be interpreted as such. Any opinions expressed on or through the Website are the opinions of the individual author and may not necessarily reflect the opinions of the Website.

 

3.7.         Changes to the Website

3.7.1.     You accept that Working Town has the right to amend, alter, substitute or otherwise change any of the content of the Website or any technical specification concerning any aspect whatsoever of the Website, at any time and at its sole discretion and the exclusion of liability in clause 6.3 of these Terms in the event of any claim arising out of or in connection with this clause applies mutatis mutandis.

 

3.8.         Pricing

3.8.1.     All prices on the Website are shown in the Euro currency (€). Working Town reserves the right to change the quoted currency without notice at its own discretion.

 

3.9.         Coupon Codes and Special Offers

3.9.1.     Working Town may, at its sole discretion, offer Users discounts, promotions or other offers in relation to any Service provided on or through the Website (‘Offers’)

3.9.2.     Unless otherwise provided in the special terms regulating a particular Offer, Offers cannot be combined with any other codes, promotions or discounts. There shall further be possible, unless otherwise advertised, one coupon only per customer per transaction only. [MF1]

 

4.            Employer and Recruiter Terms

4.1.         Employers and Recruiters shall be solely responsible for their User Generated Content, including, but not limited to, Job Listings. In publishing User Generated Content, regard shall be had to the terms contained in this section.

4.2.         Job Listings shall generally comply with the applicable laws and regulations of the jurisdiction where the job is to be performed.

4.3.         Without prejudice to the generality of the clause before this, Job Listings shall not:

4.3.1.     Promote vacancies or contain information about promoted vacancies that do not comply with the applicable laws and regulations of the jurisdiction where the job is to be performed, including employment eligibility requirements or that discriminate against Job Seekers on the basis of gender, race, religion, sexual orientation, sexual identification, age, disability or any other ground(s) prohibited on the basis of applicable laws and regulations;

4.3.2.     Contain information that is false, inaccurate or misleading, including, but not limited to, misrepresentation of the terms of employment;

4.3.3.     Contain information pertaining to more than one vacancy, unless Working Town has consented to in writing;

4.3.4.     Promote vacancies that involve any screening requirement where such screening requirement is not an actual and legal requirement to the promoted job;

4.3.5.     Contain any logo, image, name or any other intellectual property that belongs to person not being the User who is actually posting the Job Listing, whether or not such third-party intellectual property is protected by means of patent, trademark or copyright registrations;

 

4.4.         Employers or Recruiters Controlling Personal Data within the meaning of the relevant Data Protection Laws shall, be deemed to be Controllers within the meaning assigned in the Addendum, and shall further, for all such intents and purposes, be bound by the Addendum and the relevant Data Protection Laws.

4.5.         No Job Listing shall be made on the Website unless the Employer or the Recruiter pays the applicable fees. The duration of a Job Listing shall be determined by the Website depending on the fees being paid by the Employer or the Recruiter.

4.6.         While Working Town shall utilise best efforts to ensure that payments are processed securely, Employers and Recruiters are to ensure that in any payment process, all requested information is accurately provided. It shall be in the sole discretion of Working Town as to what payment types are accepted.

4.7.         Working Town shall not be held liable for Job Applications that turn out to have been based on untruthful, inaccurate or misleading information. The general exclusion of liability clauses found in these Terms shall apply to this clause mutatis mutandis.

 

5.            Job Seeker Terms [MF2]

5.1.         Job Applications in relation to Job Listings shall be solely Your responsibility in the sense that only You shall be responsible for the content of such Job Application or related User Generated Content.

5.2.         Any User Generated Content generated by You, including but not limited to Job Applications as aforementioned and further information or documentation including curriculum vitaes, resumes, supporting information and/or documentation, must not contain any information which You know is untrue or inaccurate.

5.3.         Working Town shall not be held responsible for any negative consequence arising from or in connection with Job Applications that have been based on untruthful or inaccurate information.

5.4.         Working Town does not warrant that the submission of any Job Application as aforementioned will be received, reviewed, considered or accepted by an Employer or Recruiter. Working Town shall not be held liable where a Job Application as aforementioned is not delivered, not reviewed, not considered or not accepted by an Employer or Recruiter. The clauses in these Terms referring to a general exclusion of liability shall apply to this clause mutatis mutandis.

 

6.            General Clauses

6.1.         Intellectual Property

6.1.1.     With the exception of content or intellectual property owned by third parties, all trademarks, logos, images, Services, names displayed or referred to on this Website and all intellectual property rights related thereto, are the exclusive property of Working Town. Except as explicitly provided, nothing in these Terms shall be deemed to create a licence in or under any such intellectual property rights, and, with the exception of Your User Generated Content, You agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display or publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Website without the Website’s prior express written consent.

6.1.2.     If You participate in any evaluation regarding the Website, or otherwise provide Working Town suggestions, comments, ideas, opinions, recommendations for the modification, correction, improvement, or enhancement of the Website (hereafter referred to as ‘Feedback), You agree that Working Town shall own such Feedback and shall acquire the right to use, disclose, reproduce, licence or otherwise distribute, commercialise and exploit the Feedback as it sees fit. Such right shall be without any obligation whatsoever to compensate You.

6.1.3.     Unless otherwise provided in the Website’s Privacy Policy (https://www.workingtown.com/privacy-policy), content, including information and documentation submitted by You (‘Content’) but excluding Personal Data within the meaning assigned to such term in the Addendum, is non-confidential and You hereby grant Working Town the right to use, disclose, reproduce, licence or otherwise distribute, commercialise and exploit the submissions as it sees fit. Such right shall be without any obligation whatsoever to compensate You.

 

6.2.         Exclusion of Liability

6.2.1.     Save to the extent provided by law, the Website shall not be responsible or liable in any manner whatsoever for any User Generated Content. Although provisions regarding User Generated Content have been included in these Terms, the Website does not control and is not responsible for User Generated Content. The Website is not responsible for any offensive, inappropriate, obscene, unlawful, infringing, or otherwise objectionable or illegal User Generated Content You may encounter on the Website or which may be subject to a claim of whatever nature and kind.

6.2.2.     To the fullest extent permitted by applicable laws, the Website and its directors, officers, employees, agents, suppliers, licensors and/or service providers, exclude and disclaim liability for any losses and expenses of whatever nature and however arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damage, loss, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, arising out of or in connection with the use of the Website. You assume total responsibility for establishing such procedures for data back up and virus checking as You consider necessary. This exclusion of liability applies whether the alleged liability is based on contract, tort or any other basis.

6.2.3.     Without prejudice to the above, the Our liability to You shall be limited to the amount actually paid for the use of the Services by You.

 

6.3.         Indemnity

6.3.1.     You agree to defend, indemnify, and hold Us and our subsidiaries and their respective officers, directors, employees, partners, advisors, agents, consultants, service providers, affiliates and any other person reasonably affiliated with the Website on account of its professional or corporate relationship with the Website, harmless from any loss, liability, claim, damages, costs, including legal fees, costs, expenses or disbursements, arising from or in connection with Your use of this Website or Your breach of these Terms.

 

6.4.         Force Majeure

6.4.1.     Neither Working Town nor You shall be liable in respect to the other for any delay or failure in respect of these Terms if such delay or failure is due to an event beyond the control of  Working Town or You, as the case may be, including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot civil unrest, act if civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside Working Town or You control, which causes departure from these Terms. 

 

6.5.         Waiver

6.5.1.     You agree that Working Town only may, in its own discretion, waive, or consent to depart from, the requirements of any provision of these Terms.

6.5.2.     Any waiver of, or consent to depart from, the requirements of any provision of these Terms will be effective only if it is in writing and signed by Working Town, and only in the specific instance and for the specific purposed for which it has been given.

6.5.3.     No failure on the part of Working Town to exercise, and no delay in exercising, any right under these Terms will operate as a waiver of that right. No single or partial exercise or waiver of any right will preclude any other or further exercise of the right or the exercise of any other right.

 

6.6.         Partial Invalidity

6.6.1.     In the event that any one or more of the phrases, sentences, clauses or sub-clauses contained in these Terms shall be declared invalid or unenforceable by an arbitrator or by order, decree or judgment of any court having jurisdiction, or shall be or become invalid or unenforceable by virtue of any duly promulgated law, rule or regulation, the remainder of this Agreement shall be construed as if such phrases, sentences, clauses or sub-clauses had not been inserted.

 

6.7.         Notices

6.7.1.     Notices required to be served in terms of these Terms shall be served by electronic mail, and service by electronic mail shall be deemed have been validly made for the purpose of these Terms.

 

6.8.         Applicable Law and Jurisdiction

6.8.1.     These Terms shall be governed by and construed in accordance with the laws of Malta. Any dispute arising from or in connection with these Terms shall be submitted to the exclusive jurisdiction of the Maltese courts. Provided that in the event of a dispute, You shall first lodge a complaint with Working Town in order for an amicable to be settled first.

 

Data Protection Agreement Addendum (this ‘Addendum’)

 

1.            Introduction

1.1.         This Addendum supplements the Terms and makes legally binding provisions for compliance with the Data Protection Laws as set forth in this Addendum. As per the requirements Data Protection Laws, all processing of Personal Data by a processor on behalf of a controller, shall be governed by a contract.

1.2.         The terms used in this Addendum have the meanings as set out in the Clause 2 of the Addendum, with any capitalised terms not otherwise defined, having the meaning given to them in the Terms.

 

2.            Definitions

2.1.         In this Addendum, unless the text specifically notes otherwise, the below words shall have the following meanings: -

2.1.1.     "Consent" of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of Personal Data relating to him or her;

2.1.2.     “Controller” means any User who, in using the Website and its Services, whether or not through an Account, Controls Personal Data, including Employers and Recruiters.

2.1.3.     “Controlling” or ‘Control’ of Personal Data means the control of Personal Data by way of determining the purposes and means of the processing of Personal Data within the meaning assigned under the GDPR.

2.1.4.     "Personal Data" means 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;

2.1.5.     "Processing" means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction within the meaning assigned under the GDPR;

2.1.6.     “Processor” means any User who, in using the Website and its Services, whether or not through an Account, Processes Personal Data, including Working Town;

2.1.7.     "Third-Party" means, only for the purposes of this Addendum, a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process Personal Data;

2.1.8.     "Sub-Processor" means any person or entity appointed by or on behalf of the Processor to process Personal Data on behalf of the Controller;

2.1.9.     "Supervisory Authority" means an independent public authority which is established by a Member State pursuant to Article 51 of the GDPR.

 

3.            Obligations and Rights of the Processor.

3.1.         The Processor shall comply with the relevant Data Protection Laws and must: -

3.1.1.     only act upon request of the Controller and for purposes of adherence to the Terms;

3.1.2.     ensure that people processing the data are subject to a duty of confidence;

3.1.3.     use appropriate industry standards to safeguard and protect all Personal Data from unauthorised or unlawful processing, including accidental loss, destruction or damage and will ensure the security of processing through the implementation of appropriate technical and organisational measures as specified in this Addendum;

3.1.4.     ensure that, notwithstanding being hereby granted with a general authorisation to engage a Sub-Processor, where a Sub-Processor is appointed, the Processor: -

3.1.4.1. implements an agreement containing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the Processing will meet the requirements of the Data Protection Laws;

3.1.4.2. understands that where any Sub-Processor is used on their behalf, that any failure on the part of the sub-processor to comply with the Data Protection Laws or the relevant data processing agreement, the Processor remains fully liable to the Controller for the performance of the Sub-Processor’s obligations;

3.1.4.3. assist the Controller in providing subject access and allowing data subjects to exercise their rights under the Data Protection Laws;

3.1.4.4. assist the data Controller in meeting its data protection obligations in relation to the investigation and notification of Personal Data breaches related to the data processed by the Processor on behalf of the Controller;

 

3.1.5.     delete or return all Personal Data to the Controller as requested at the end of the Controller-Processor relationship necessitating the application of this Addendum.

3.1.6.     make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in the relevant Data Protection Laws and allow for, and contribute to audits, including inspections conducted by the Controller;

3.1.7.     inform the Controller without undue delay if in the Processor’s opinion, an instruction, infringes Data Protection Law;

3.1.8.     co-operate with Supervisory Authorities in the performance of its tasks;

3.1.9.     notify the Controller of any Personal Data breach without delay following notice of such breach.

 

4.            Obligations and Rights of the Controller

4.1.         The Controller is responsible for verifying the validity and suitability of the Processor before entering into a business relationship and shall onboard processors with an assessment of the mandatory Data Protection Law requirements.

4.2.         The Controller shall not provide Personal Data to the Processor which may be expected to expose the Processor to liability, such as but not limited to, Personal Data which the data subject had notified to the Controller that it does not wish the Controller to provide to any other party.

4.3.         The Controller shall obtain Consent from the data subject whenever required and howsoever required by Data Protection Laws, for authorisation to provide the Processor with Personal Data and the Processing by the Processor of such.

4.4.         The Controller shall inform the Processor without delay of any subject access requests or requests by any Supervisory Authority concerning the Personal Data being processed or processed by the Processor.

4.5.         The Controller shall not reject the Processor’s appointment of a Sub-Processor save where it is reasonable to do so for the protection of the Personal Data.

4.6.         The Controller may provide the Personal Data through a third party technical platform and require that Personal Data will be received by the Controller from the Personal Data via the same third party technical platform:

4.7.         Provided that in such cases, the Processor shall not be held liable and the Controller shall indemnify the Processor for any misuse of the Personal Data by any other party obtaining access to the third party technical platform. The Parties agree that the third party technical platform is exclusively utilised for purposes of API communication between the Parties.

 

5.            Processing Details

5.1.         The Controller has appointed the Processor with regard to specific processing activity requirements. These requirements relate to the processing required for performance of the Services according to the Terms.

5.2.         The duration of the processing is until the Processor’s obligations have been performed.

5.3.         The requirement for the Processor to act on behalf of the Controller is with regard to the below type(s) (one or more) of Personal Data and categories of data subjects: -

CATEGORIES OF PERSONAL DATA:

-              Any categories of Personal Data as applicable under the GDPR.

CATEGORIES OF DATA SUBJECTS

-              Any category of Data Subjects that may be required to satisfy the purposes of the Controller-Processor relationship necessitating the application of this Addendum.

 

5.4.         The Processor can demonstrate and provide sufficient guarantees as to the implementation of appropriate technical and organisational measures taken to ensure data security and protection

5.4.1.     Organisational Measures:

5.4.1.1. Access rights on a need to know basis;

5.4.1.2. Confidentiality clauses in employee contracts;

5.4.1.3. Agreements with sub-processors where required;

5.4.1.4. GDPR compliance exercise by external and independent legal advisors.

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