This DPA, pre-signed by Inex One, is a self-serve and easy-to-execute document that only requires a signature on the Expert Network side. Once you sign the document please send it to firstname.lastname@example.org. The DPA will become legally binding once you receive a confirmation from Inex One. Click here to download a pre-signed pdf version of the agreement.
Please note that this DPA applies for the provision of services to Expert Networks. If you are a client and want to sign a DPA, please reach out to your Inex One contact person or email@example.com.
1.1. This Data Processing Agreement (“DPA) shall apply between AB Leverache, corporate registration number 559150-7115, with registered office at Östermalmsgatan 26A, 114 26 Stockholm, Sweden, hereinafter referred to as “ABL”, and to such legal or natural person who uses the Service (as defined below) (the “User”).
1.2. ABL and the User are individually referred to as “Party” and jointly as “Parties”.
1.3. We periodically update these terms. When we do, we will give notice by sending an email to registered Expert Network user accounts of the Service.
2. DEFINITIONS AND INTERPRETATION
2.1. For purposes of this DPA, the following terms shall have the respective meanings ascribed to them as follows:
“Applicable Laws” means laws, rules, directives, regulations issued or enacted by any government entity (including any domestic or foreign, supra-national state, county, municipal. Local, territorial or other government, which ıncludes to the extent applicable, Directive 95/46/EC, Directive 2002/58/EC, European Commission decisions and guidance) each as transposed into domestic legislation of each Member State or other country and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR, any any self-regulatory principles that are applicable in the location or region where the Services are provided or received, related to the Processing of Personal Data or the interception, recording or monitoring of communications.
“Agreement” means the Terms of Service agreement entered into between ABL, and to such legal or natural person who uses the Service (as defined below) (the “User”).
“Effective Date” means the date of the last signature below.
“Expert” means a third party expert advisor, recruited and marketed by Expert Networks to the Customer over the Service.
“Expert Network” means the Expert Network which the User acts on behalf of and that is offering the Customer temporary engagements with Experts via the Services.
“Expert Network Data” means Personal Data that the ABL processes on behalf of the Expert Network.
“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
“Service(s)” or “Inex One” means the services and other activities to be supplied by, or carried out by, the ABL on behalf of Expert Network.
“Sub-processor” means any third party (including any ABL affiliate) appointed by or on behalf of ABL to Process Personal Data on behalf of Expert Network .
“User” means such legal or natural person who uses the Service on behalf of the Expert Network.
As used herein; the terms “Commission”; “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing”, “Processor” and “Supervising Authorities” shall have the same meaning as in the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
3. PROCESSING OF PERSONAL DATA
3.1. In the context of this DPA, the Expert Network acts as a Data Controller and ABL acts as a Data Processor with regard to the Processing of Personal Data. For the avoidance of doubt, this DPA is not valid or legally binding if there is no Agreement in place between the User and the ABL.
3.3. ABL shall comply with all Applicable Laws when Processing Personal Data on behalf of the Expert Network.
3.4. ABL shall, to the extent required under applicable data protection laws and in accordance with Expert Network’s written instruction in each case, assist Expert Network in fulfilling its legal obligations under such laws.
4. DETAILS OF THE PROCESSING
4.1. Subject Matter of the Personal Data Processing: The provision of the Services by ABL to Expert Network.
4.2. Duration of the Personal Data Processing: The Term, and any period after the Term prior to ABL’s deletion of Expert Network Data.
4.3. Nature and Purpose of the Personal Data Processing: To enable Expert Network to receive and ABL to provide the Services.
4.4. Categories of Personal Data: The categories of Personal Data processed may consist of Personal Data related to Experts (including name, LinkedIn profile URL and career history), as well as documents, images and other content or data in electronic form stored or transmitted by Users via the Services.
4.5. Categories of Data Subjects: To the extent Expert Network Data contains Personal Data, it may concern Experts, as well as Customer’s or Experts Network’s Users.
5. AUDITS AND EXERCISE OF ACCESS RIGHTS
5.1. If data subjects, competent authorities or any other third parties request information from ABL regarding the processing of Personal Data, ABL shall refer such request to Expert Network. ABL may not in any way act on behalf of, or as a representative of, Expert Network and may not, without prior instructions from the Expert Network, transfer or in any other way disclose Personal Data or any other information relating to the processing of Personal Data to any third party.
5.2. ABL will cooperate fully with any reasonable requests for information from Expert Network about Processing of Personal Data. To the extent necessary to enable all parties to comply with their obligations under Applicable Laws, ABL will permit Expert Network to conduct an audit of ABL’s compliance with this DPA and Applicable Laws.
5.3. In the event ABL, according to applicable laws and regulations, is required to disclose Personal Data that ABL processes on behalf of Expert Network, ABL shall be obliged to inform Expert Network thereof immediately and request confidentiality in conjunction with the disclosure of requested information.
6. SUB-PROCESSORS AND TRANSFERS
6.1. ABL will not transfer, and will ensure that any sub-processor does not transfer, Expert Network Data out of the country in which it is provided to Expert Network, except (a) between member states of the European Economic Area (“EEA”); or (b) on the written instructions of Expert Network.
6.2. If ABL transfers Expert Network Data outside of the EEA, ABL will promptly put in place (or require, in the case of a transfer by or to a sub-processor, that that sub-processor promptly puts in place) adequate safeguards to protect Expert Network’s Data, such as the EU Commission’s Standard Contractual Clauses, or equivalent.
6.5. Expert Network may object to ABL’s use of a new Sub-processor by notifying ABL promptly in writing within ten (10) business days after receipt of ABL’s notice (in accordance with the mechanism set out in Section 6.3.). In the event Expert Network objects to a new Sub-processor, as permitted in the preceding sentence, Expert Network may terminate any order related to an affected Service, with respect only to those Services which cannot be provided by ABL without the use of the objected-to new Sub-processor, upon written notice without liability for such termination subject to the terms of the applicable Service Agreement.
6.6. With respect to each Sub-processor, ABL shall: i) before the Sub-processor first Processes the Expert Network Data carry out adequate due diligence to ensure that the Sub-processor is capable of providing the level of protection for Expert Network Data required by Applicable Laws and this DPA; (ii) ensure that the Sub-processor executes a written contract including terms which offer at least the same level of protection for Expert Network Data as those set out in this DPA and meets the requirements of Applicable Law; (iii) upon reasonable request provide to Expert Network for review such copies of the agreements with Sub-processors (which may be redacted to remove confidential commercial information not relevant to the requirements of this DPA) as Expert Network may reasonably request from time to time; and (iv) be liable for the acts and omissions of its Sub-processors to the same extent ABL would be liable if performing the services of each Sub-processor directly under the terms of this DPA.
7. INFORMATION SECURITY AND CONFIDENTIALITY
7.1. ABL shall be obligated to fulfill any legal obligations imposed on it regarding information security under applicable data protection laws and shall in any case take appropriate technical and organizational measures to protect the Personal Data which is processed.
7.2. ABL undertakes not to, without Expert Network’s prior written consent, disclose or otherwise make Personal Data processed under this DPA available to any third party, except for sub-processors engaged in accordance with this DPA.
7.3. ABL shall be obliged to ensure that only such staff and other ABL representatives that directly require access to Expert Network Data in order to fulfil ABL’s obligations in accordance with this DPA have access to such information. ABL shall ensure that such staff and other ABL representatives are bound by a confidentiality obligation concerning this information to the same extent as ABL in accordance with this DPA.
8. PERSONAL DATA BREACH NOTIFICATION
8.1. In the event of a Personal Data Breach which involves Expert Network Data, ABL will promptly take all necessary and appropriate corrective action to remedy the underlying causes of the Personal Data Breach and make reasonable commercial efforts to ensure that such Personal Data Breach will not recur.
8.2. In the event of a Personal Data Breach which involves Expert Network Data, ABL shall (i) notify Expert Network without undue delay, and in any event within twenty-four (24) hours, (ii), take any action required by Applicable Law and/or at the reasonable request of Expert Network.
9. DELETION AND RETURN OF PERSONAL DATA
9.1. Upon termination or expiry of this DPA or the Agreement, ABL shall (at the Expert Network’s election) destroy or return to the Expert Network all Personal Data that ABL processes on behalf of the Expert Network. This requirement shall not apply to the extent ABL is required by applicable law to retain some or all of the data.
9.2. Nothing in the Agreement (including this DPA) shall limit ABL from collecting or using data that ABL would otherwise collect and process independently of Expert Network’s use of the Services.
10. VALIDITY AND DURATION OF TERMS
10.1. This DPA supersedes and replaces any agreement between the Parties related to Data Protection Laws dated prior to the agreement Effective Date. Except as expressly modified hereby, all of the terms and conditions of each Service Agreement will remain in full force and effect.
10.2. This DPA is effective from its signing and for as long as ABL processes Personal Data on Expert Network’s behalf.
10.3. By signing this DPA on behalf of the Expert Network, you warrant that you have full legal authority to do so.
11. GOVERNING LAW AND VENUE
11.1. This DPA shall be governed by the laws of Sweden and any dispute hereunder be finally settled by arbitration under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, in Stockholm, Sweden.