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DATA PROCESSING AGREEMENT

“MY QUOTES” SECTION OF FLUIDRA PRO

In the event that you (hereinafter, the “Data Controller”) use the feature that FLUIDRA (hereinafter, the “Data Processor”) offers in the “My Quotes” section of this site in order to produce quotes for your end customers, you will be bound by the following data processing agreement by virtue of article 28 of the EU’s General Data Protection Regulation.

  1. SUBJECT MATTER

    The subject matter of this agreement is to establish the terms and conditions by which the Data Processor will process personal data on behalf of the Data Controller in relation to the use of the “My Quotes” section of the website.

  2. DETAILS OF THE ASSIGNMENT

    Processing purpose To let you use the feature offered in the “My Quotes” section of the website in order to produce quotes for your end customers.
    Nature of the processing Register, structure, conserve/store, erase.
    Data subject category The Data Controller's end customers.
    Types of data Full names, email addresses, telephone numbers, quote details.

  3. OBLIGATIONS OF THE DATA PROCESSOR

    The Data Processor undertakes to:

    • Process the data solely in accordance with the written instructions of the Data Controller in order to comply with the subject matter of the agreement.
    • Subcontract the full or partial provision of the services described herein on the Data Controller’s behalf, to the extent that the subcontracting is necessary for the provision of the services covered by this agreement. In these cases, another data processor will be used to carry out particular processing activities on the Data Controller’s behalf and this data processor will be subject to the same data protection contractual obligations as those stipulated herein by ensuring the provision of sufficient safeguards regarding the implementation of suitable technical and organizational measures. If this other data processor fails to meet its data protection obligations, the first Data Processor will remain fully liable to the Data Controller with regard to compliance with the obligations of the other data processor.
    • Ensure the confidentiality, integrity, availability, and resilience of the systems and services used to process the data by implementing adequate technical and organizational measures, based on the nature, scope, context, purposes, risks and implications of the processing.
    • Not disclose data to third parties except with the Data Controller’s prior, express and written authorization, failing which, if this is a legal requirement or obligation enforced by a public authority.
    • Provide the Data Controller with the assistance required to ensure compliance with its legal obligations on data protection. The Data Processor also undertakes to:
      • Send the Data Controller requests it receives from data subjects, where applicable, without undue delay in relation to the exercise of their data protection rights. The Data Processor must never respond to these requests, unless the Data Controller has submitted a prior written request to do so.
      • Notify the Data Controller without undue delay of data security breaches it becomes aware of, together with all relevant information to put an incident on record and report it, with the information described in the applicable laws.
    • Ensure that its authorized personnel undertake to respect the confidential nature of the data.
    • Immediately inform the Data Controller if an instruction from the latter infringes the GDPR or any other data protection regulation of the EU or related Member State.

  4. OBLIGATIONS OF THE DATA CONTROLLER

    The Data Controller undertakes to:

    • Provide the Data Processor written instructions on data processing.
    • Ensure that data processing by the Data Processor complies with the GDPR and any other data protection regulation of the EU or related Member State.
    • Check that the Data Processor has suitable security measures to protect the data.
    • Cooperate with the Data Processor and the data protection authorities in the event of a data breach.
    • Supervise compliance by the Data Processor of its obligations under this agreement.

  5. TERM OF THE AGREEMENT

    This agreement will enter into force on the date a user registers on the website and, where applicable, starts to use the “My Quotes” feature. It will remain in force as long as the Data Processor processes the data on behalf of the Data Controller.

  6. TERMINATION OF THE AGREEMENT

    When the data processing has ended, the Data Processor undertakes to erase or return all personal data to the Data Controller and destroy all existing copies, except when an applicable law requires it to keep the data on record.

  7. APPLICABLE LAW AND JURISDICTION

    This agreement will be bound and interpreted in accordance with the laws indicated in the Terms of Use: CERTIKIN TERMS AND CONDITIONS FOR SUPPLIERS OF GOODS AND SERVICES