Privacy statement
- If contracting party processes Personal Data for the performance of the Contract, the contracting party will do so in a proper and careful manner and adhere to the legal requirements that follow from laws and regulations. The contracting party shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk for the processed Personal Data. The contracting party shall take into account the state of the art, the cost of implementation and the nature, scope, context as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing. On request and without undue delay, contracting party shall inform Fresh Way of Thinking B.V. in what way the contracting party carries out his obligations by virtue of the aforementioned laws and regulations.
- Contracting party shall not process the Personal Data obtained for processing for its own purposes and not for other or further purposes than reasonably necessary for the performance of the Contract with Fresh Way of Thinking B.V. unless Fresh Way of Thinking B.V. granted permission in writing.
- Contracting party shall inform Fresh Way of Thinking B.V. without undue delay regarding any request and/or complaint of the Supervisory Authority in respect of the Personal Data being processed for the performance of the Contract.
- Contracting party shall provide assistance to Fresh Way of Thinking B.V. if Fresh Way of Thinking B.V. submits a request to exercise his or her rights including, but not limited to, the right of access, rectification, erasure, objection to the processing of Personal Data, unless this cannot reasonably be required from contracting party.
- Contracting party shall inform Fresh Way of Thinking B.V. as soon as possible once it has become aware of a personal data breach.
- If the Contract between the contracting party and Fresh Way of Thinking B.V. ends, the contracting party shall ensure that all Personal Data which came in its possession in the context of the performance of the Contract will be returned to Fresh Way of Thinking B.V. or will be destroyed with the consent of Fresh Way of Thinking B.V., unless this is in conflict with the express requirements of mandatory law.
- If Fresh Way of Thinking B.V. processes Personal Data of the contracting party, the obligations laid down in this Article shall also apply to Fresh Way of Thinking B.V..
- If the contracting party is established outside the European Union and does not form part of the European Economic Area and the country of establishment of the contracting party does not have an adequacy decision of the European Committee, the contracting party undertakes and guarantees:
- that appropriate technical and organisational measures shall be implemented to protect the Personal Data from destruction, either accidentally or unlawfully, loss, forgery, unauthorised dissemination or access, and which guarantee an appropriate security level in view of the risks involved in the processing and the nature of the data to be protected.
- that each third party who is granted access to the Personal Data, including processors, respect the confidentiality and security thereof. Each person acting under the responsibility of the contracting party , including a processor, is obliged to process the Personal Data solely in accordance with the contracting party’s instructions. This provision shall not apply to persons authorised or obliged pursuant to law or regulations to have access to the Personal Data.
- At the time of the conclusion of the Contract between Fresh Way of Thinking B.V. and the contracting party, there is no reason to assume that at the time the provisions laid down in this Article are being applied, any local legislation is in effect which could have an adverse effect on the guarantees laid down in this Article. If such legislation becomes known, the contracting party shall inform Fresh Way of Thinking B.V. thereof without undue delay. Fresh Way of Thinking B.V. shall then inform the Personal Data Protection Authority without undue delay.
- The Personal Data shall be processed for the performance of the Contract concluded between the parties.
- Fresh Way of Thinking B.V. shall be informed about a point of contact at the contracting party who is authorised to deal with information requests relating to the processing of Personal Data;
- Upon requests relating to monitoring, audit and/or certifying of Fresh Way of Thinking B.V., the contracting party shall cooperate. This monitoring, audit and/or certifying shall be carried out by independent and impartial inspectors or auditors, engaged by Fresh Way of Thinking B.V..
- Each party is liable vis-à-vis the other party for damage caused by non-compliance with the provisions laid down in this Article. The liability between the parties shall be limited to the actual suffered damage. Each party is liable vis-à-vis the Data Subjects for damage caused by breaches to the rights of third parties by virtue of these provisions.
