The following personal data access agreement is an appendix to Website24's general terms and conditions and constitutes a binding agreement between Hemsida24 AB, org. no. 556783-7595 ("Personal Data Assistant"), on the one hand, and users and / or purchasers of the Website24's services ("Personal Data Officer"), on the other (collectively referred to as the "Parties").
The purpose of this agreement is to ensure that the Data Protection Officer's processing of the personal data on behalf of the Data Protection Officer takes place in accordance with the requirements of the Data Protection Regulation (2018: 218) and as agreed in this agreement.
The type of personal data and which categories of data subjects are processed are those that are normally processed within the framework of the activities carried out by the Data Protection Officer through the Service. If the Data Protection Officer processes other categories of registered or personal data, the Personal Data Entry must be specifically informed of this.
The Personal Data Assistant may only process the Personal Data Manager's personal data for the purpose of providing the Service. In addition, the Personal Data Entry may only process the Personal Data Officer's personal data in accordance with the instructions of the Data Protection Officer. At the request of the Personal Data Assistant, such instructions shall be in writing.
5 THE PERSONAL DUTY ASSOCIATION
The Personal Data Assistant undertakes to apply the applicable Swedish legislation in the processing of personal data.
The Personal Data Entry may not transfer personal data to third countries if an adequate level of protection in the recipient country cannot be ensured or if there are no specific guarantees to protect the data and the rights of the data subjects.
The Personal Data Assistant undertakes to disclose only personal data to those within their own organization who need access to the data in order to carry out their duties and who are bound by confidentiality agreements.
The Personal Data Entry may not disclose personal data or other information about the processing of personal data to third parties other than with the written consent of the Data Protection Officer's prior written consent, except when such disclosure may be required by law.
The Data Protection Officer undertakes to assist the Data Protection Officer in the fulfillment of his or her obligation as Personal Data Protection Officer. The personal data assistant has the right to reasonable compensation for such assistance.
The Personal Data Assistant undertakes, within a reasonable time after request, to provide documentation to enable and contribute to reviews, whether initiated by the Personal Data Controller or third party. Under no circumstances does this obligation entail a right for the Data Protection Officer to prepare access to the Personal Data Assistance's premises, servers or otherwise gain direct access to information that belongs to, or is otherwise processed by, the Personal Data Assistance. If the Personal Data Assistant's fulfillment of his obligations under this paragraph results in a not insignificant work effort, the Personal Data Assistant is entitled to a reasonable compensation for lost working hours and other costs.
In the event that the authority or other third party requests information from the Personal Data Trustee concerning the processing of personal data, the Personal Data Trustee shall without delay forward such request to the Data Protection Officer. The Personal Data Assistant shall, if necessary, assist the Data Protection Officer to produce information requested by a third party.
6 SUPPLY OF SUPPORT
The Personal Data Assistant may use one or more subcontractors ("Deputy Assistants") to process Personal Data, without obtaining special permission from the Personal Data Manager in the individual case. However, this only applies provided that the Personal Data Assistant enters into a written sub-access agreement with the Sub-Deputy in question, which means that the Sub-Deputy has at least equivalent obligations as the Personal Data Deputy under this agreement. The Personal Data Assistant may give the Sub-Deputy the right to use a third party in turn, provided that it is done in the same way and with the same obligations set out in this agreement.
The Personal Data Assistant is fully responsible to the Personal Data Manager for the Sub-Deputy's obligations regarding the processing of Personal Data, in accordance with this agreement.
The Personal Data Assistant must inform the Personal Data Officer in writing before hiring a new Deputy Assistant for the processing of Personal Data. The data controller shall have the right to object to the fact that a new deputy will process personal data, if there are acceptable reasons for this and the data controller informs the data controller within two weeks of the data controller informing the data controller.
The Personal Data Assistant shall take appropriate security measures to protect personal data. The Data Protection Officer is in agreement with the Personal Data Protection Board's adopted security measures and undertakes to notify the Personal Data Protection Board in particular if any sensitive data is processed that may require further action. The Personal Data Assistant always has the right to refuse the processing of personal data that may require additional security measures.
The Personal Data Assistant certifies that his activities in all parts are managed in a way that ensures compliance with the requirements of the Data Protection Regulation (2018: 218) at an adequate level of security. The Personal Data Assistant undertakes to comply with governmental decisions regarding security measures for the processing of personal data.
The Personal Data Entry Agent shall promptly inform the Personal Data Officer in the event of a discovery or suspicion of a personal data incident.
8 CORRECTION AND DELETION OF PERSONAL DATA
The data controller can himself correct most incorrect or incomplete personal data in the Service. In cases where this is not possible, the Personal Data Assistant shall assist with the correction after the Personal Data Manager has notified this in writing to the Personal Data Assistant.
After the Personal Data Manager requests written deletion of personal data in writing, the Personal Data Assistant may only process the personal data as part of the deletion process.
Upon termination of the agreement, the Personal Data Assistant shall, at the request of the Data Protection Officer, return the personal data. At the termination of the agreement, the personal data assistant may only process the personal data as part of the deletion process.
9 AGREEMENT TIME
This Agreement applies from the beginning of the Website24 General Terms and Conditions, but no earlier than 25 May 2018, and even the termination of the same or until the processing of the Personal Data Officer's personal data has ceased.
10 FORCE MAJEURE
Party is exempt from penalty for failure to fulfill certain obligation under the Failure Agreement has its basis in the circumstances set forth below ("exempting circumstance") and the circumstance prevents, or substantially hinders, the timely performance thereof and could not prevail fact. Considered to be a liberating circumstance governmental action or omission, new or amended legislation, labor market conflict, blockade, lightning strike, fire, flood, disruptions in transportation, telecommunications or power supply, or for failure or delay in delivery of goods or services by the supplier due to the above circumstances.
11 THE MESSAGES
Messages under this Agreement are sent by the Personal Data Officer primarily to the email address specified by the Data Protection Officer. The person responsible for personal data is therefore obliged to ensure that the e-mail address and other contact details are always correct and up to date.
12 LIMITATION OF LIABILITY
In any case, the liability of the Data Protection Officer under this agreement shall always be limited to an amount corresponding to the fee paid by the Data Protection Officer from the breach of contract in writing to the Data Protection Officer until the defect has been rectified or the current contract period terminated. Claims that exceed this amount cannot be made by the Data Protection Officer against the Personal Data Assistant. This limitation shall apply even if other warranties or remedies under this agreement do not fulfill its purpose.
13 DISPUTES AND APPLICABLE LAW
Swedish law shall apply to the agreement. Disputes arising from the agreement will ultimately be decided by the Swedish public court with Halmstad district court as the first instance.