Personal Data Processor Agreement

 

1. Background

 

The agency receives AuPair.com users’ personal and contact data when the user submits the contact form placed on the agency’s profile. The users can also send personal and contact data to the agency through the AuPair.com mailing system. Thus, contact and personal data is forwarded to the agency in order to allow the agency process the user’s request.  

 

The contact and personal data includes but is not limited to name, address, email address, telephone number.

 

The data protection legislation imposes the requirement that an agreement in writing must exist between the person who determines the purpose and means of the processing of personal data ("Personal Data Controller") and the person who processes personal data on behalf of the Personal Data Controller ("Personal Data Processor"). Within the framework of the collaboration, AuPair.com will be regarded as the Personal Data Controller and the agency will be regarded as the Personal Data Processor.

 

The agency and AuPair.com agree that "personal data", "the data subject" and "processing" will have the meanings specified in the General Data Protection Regulation (GDPR).

 

2. Processing of personal data

 

The agency may not process personal data in any other way than necessary for the performance of the collaboration and only in accordance with data protection legislation.

 

The agency is obliged to adopt the necessary technical and organisational measures required to protect the personal data that is being processed. The measures must bring about a level of security that is appropriate in view of

existing technical resources,

the cost of implementing the measures,

the particular risks associated with processing personal data, and

the degree of sensitivity of the personal data being processed.

 

The agency must maintain a satisfactory level of security for the personal data. The personal data must be protected by the agency against destruction, alteration, unauthorised dissemination or unauthorised access. The personal data must also be protected against every other kind of unauthorised processing.

 

When the agency’s processing of personal data has been completed, the personal data must be deleted. The agency must issue, at AuPair.com's request, a written certificate on what action was taken with the personal data when the processing has been completed.

 

3. Engagement of third parties

 

The Personal Data Processor may not engage any other party to carry out tasks included in this Agreement.

 

4. Right to control, auditing and assistance

 

In accordance with data protection legislation, AuPair.com is entitled to carry out checks to ensure that the processing of personal data carried out by the agency complies with the provisions. AuPair.com is entitled to take necessary action to obtain assurances that the agency is able to implement the security measures to be adopted and to obtain assurances that the agency actually adopts these measures. The Personal Data Processor must thus have a right to supervise, verify and review the collaboration under this Agreement by means of a range of control functions, e.g. through internal and external auditors and through enabling auditors and supervisory authorities to carry out site visits. The agency undertakes to ensure that AuPair.com obtains any assistance that may reasonably be required to allow AuPair.com to easily obtain these assurances.

 

The Personal Data Processor is obliged to assist the Personal Data Controller in the event that a data subject asks to be permitted access to the information recorded on him or her or asks for that information to be corrected.

 

5. Confidentiality

 

The agency undertakes not to disclose to third parties any confidential information that the agency received from AuPair.com under the Agreement. Nor may the agency make use of that confidential information to a greater extent than is necessary to enable it to fulfil its undertakings under the Agreement.

 

"Confidential information" means all information, whether technical, commercial or of any other kind in any verbal, written or electronic form, that the agency receives from AuPair.com, as well as copies of that information issued under circumstances that indicate that it is to be regarded as confidential.

 

The agency is required to ensure that employees, consultants and other workers engaged by the agency to carry out tasks within the framework of the collaboration are bound by confidentiality.

 

6. Damages

 

The agency is liable for any damage and violation of personal privacy that processing in breach of the provisions set out in section 2 above has caused a data subject of AuPair.com or for which AuPair.com must compensate a data subject. The agency's liability for damages is limited to the amount of the compensation that AuPair.com was ordered to pay the data subject or to the amount determined through conciliation. The agency's liability for damages is further limited to cases where the damage is due to the fact that the agency processed personal data for which AuPair.com is the Personal Data Controller.

 

The agency is liable for damage caused to a third party due to breach by the agency of the obligation regarding professional secrecy contemplated in section 4 above. The agency's liability for damages is limited to the amount of the compensation that AuPair.com was ordered to pay a third party or to the amount determined through conciliation.

 

7. Settlement of disputes

 

For disputes concerning the Agreement, its origin, its interpretation and/or its application or other legal relationship associated with the Agreement, German law will apply and the dispute will be settled before a general court.

 

 

8. Term of the agreement and amendments

 

This agreement applies on a continuous basis with a mutual notice period of 3 months.

 

Amendments or supplements to the Agreement must be issued in writing and must be signed by the agency and AuPair.com in order to be binding.

 

Both the agency and AuPair.com may not assign its rights or obligations under the Agreement in whole or in part without the other party's consent in writing.

 

This Agreement applies from the date when it is signed. What was agreed between the parties in the Agreement will continue to apply between the parties even after the collaboration agreement has ceased to apply.