1. Scope of these Special Terms

1.1. These special terms and conditions shall apply when TeamForce Technologies (from now on referred to as the “TeamForce Technologies”) processes personal data on behalf of the Client under the Standard Terms and Condition (“Agreement”) the parties have concluded.

1.2. If the Client transfers personal information from a data subject to TeamForce Technologies, Client as a result of this warrants that the Client has the full legal authority and consent to transfer the data subject’s information to TeamForce Technologies. If the Client has not obtained signed Consent Forms from the data subject, the Client does not have the legal authority to transfer the data subject’s information to TeamForce Technologies and will be held liable.

1.3. Each party at this moment agrees to comply (and to procure the required compliance of all of their respective directors, officers, employees or agents) with all relevant provisions of the GDPR relating to the data maintained or processed by it, under this Agreement.

1.4. In addition to these particular terms, TeamForce Technologies general terms and conditions shall apply. In case of inconsistency between these specific terms and the general terms and conditions, these terms and conditions relating to the processing of personal data shall apply.

2. Definitions

2.1. Personal data means any information relating to an identified or identifiable natural person or any other personal data referred to in the GDPR [679/2016].

2.2. Processor means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

2.3. Processing means any operation or set of operations that the TeamForce Technologies performs on behalf of the Client under the Agreement the parties have concluded and that is performed on personal data or sets of personal data, whether or not by automated means, or to any other processing of personal data referred to in the GDPR.

2.4. Controller means a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data, or to any other Controller referred to in the GDPR.

2.5. GDPR means the General Data Protection Regulation [679/2016] of the European Union (also referred to herein as “data protection legislation”), any other applicable data protection provisions, and any regulations and instructions issued by the data protection authorities. Each Party warrants that it shall follow and bear the functional responsibilities under the GDPR, as a data controller and data processor.

3. General Rights and Responsibilities in the Processing of Personal Data

3.1. We aim to keep our clients informed on the detailed processing of their data by describing:

1. The nature and purpose of such processing;

2. The type of personal data and categories of data subjects;

3. The applicable data protection measures used by TeamForce Technologies;

4. The Client’s rights and responsibilities;

5. The object and duration of the personal data processing under the Agreement;

Shall be described in more detail in the Agreement between the parties.

3.2. TeamForce Technologies and TeamForce Technologies employees as a result of this confirm that they shall process personal data in compliance with the applicable data protection legislation [GDPR 679/2016], the Agreement between the parties, and the written instructions the Client gave to TeamForce Technologies (if any).

Should TeamForce Technologies consider that the data subject’s instructions infringe the data protection legislation, TeamForce Technologies shall immediately notify the Client without delay.

3.3. As the controller, the Client shall take the necessary measures to ensure that the processing of personal data to be transferred to TeamForce Technologies complies with the data protection legislation.

3.4. At the Client’s request, and unless any legal obligations require the personal data to be kept, TeamForce Technologies shall provide the Client with all information needed to fulfil his/her rights, any access rights, or to comply with the data protection supervisory authority’s requirements or instructions. TeamForce Technologies shall inform the Client of all requirements and inquiries made by the data subject, authorities, or any other entity. TeamForce Technologies has the right to invoice the Client for the tasks specified in the Agreement signed between the parties.

4. Audits

4.1. The Client or an auditor mandated by the Client has the right to audit whether TeamForce Technologies meets its obligations related to the processing of personal data in order to assess the compliance of TeamForce Technologies and its subcontractors with the obligations set by these particular terms and conditions for the processing of personal data.

4.2. The TeamForce Technologies assures the rights that the Client has under the data protection legislation to audit TeamForce Technologies subcontractors.

4.3. Any audits conducted by the Client shall not limit the obligations and responsibilities of the TeamForce Technologies or its subcontractors under these special terms and conditions of the Agreement.

4.4. Each party to the Agreement is liable for its part for the audit costs.

5. Data Security

5.1. TeamForce Technologies shall take appropriate technical and organizational measures such as Secure Sockets Layer (SSL) software which encrypts information you input. TeamForce CRM’s costume encryption algorithm (which is TeamForce CRM’s IP), based on AES, MDS, and Rijndael, to keep the Client’s data safe, prevent unauthorized, unlawful processing of personal data, and avoid the unintentional loss, change, destruction or damage to personal data.

5.2. Should TeamForce Technologies have any reason to believe that data security has been affected, TeamForce Technologies shall notify the Client in writing without undue delay of any data security violations targeted at personal data.

5.3. TeamForce Technologies shall further ensure that each person processing personal data has obtained a signed consent form from the data subject and that all data is processed only in connection with the duties stated in the Agreement signed between the Parties.

5.4. TeamForce Technologies shall document all violations of data security, compromising the facts relating to the violation, its effects, and the remedial action taken.

6. Location of Personal Data

6.1. Further to obtaining a signed Consent Form by the data subject, TeamForce Technologies shall be entitled to transfer personal data freely within the European Union or the European Economic Area in order to provide the required services.

6.2. If personal data is processed outside the European Union, each party to the Agreement shall ensure for its part that the processing of personal data complies with the data protection legislation.

7. Use of Third Party Subcontractors

7.1. Unless otherwise agreed in writing, TeamForce Technologies is entitled to use another data processor as its subcontractor in the processing of personal data. At the Client’s written request, TeamForce Technologies shall inform the Client in writing of the subcontractor (s) it uses.

7.2. When TeamForce Technologies uses a subcontractor in the processing of personal data, the following terms and conditions are applicable:

a. the assignment is governed by a written agreement, and

b. the written Agreement requires the subcontractor to fulfill the same responsibilities and commitments that are applicable to TeamForce Technologies under this Agreement and the GDPR. This also provides the Client with the same rights towards the subcontractor as the Client has towards TeamForce Technologies.

7.3. Before changing any subcontractors participating in the processing of personal data or hiring new subcontractors, TeamForce Technologies shall notify the Client of this in writing without undue delay. If the Client does not approve the change of subcontractors or the use of new subcontractors, TeamForce Technologies has the right to terminate the Agreement by giving 30 days’ notice.

8. Deleting and Returning Personal Data

8.1. During the period of validity of the Agreement, TeamForce Technologies shall not delete any personal data processed on behalf of the Client, unless the Client requests explicitly so. However, it is to be noted that in some cases, TeamForce Technologies might be obliged to retain data subject’s information to comply with legal obligations, resolve disputes, and enforce agreements.

8.2. Upon the expiry of the Agreement, TeamForce Technologies shall, according to the Client’s choice, either delete all personal data processed on behalf of the Client or return it to the Client and delete all copies of it, unless the legislation, any regulatory authority, requires TeamForce Technologies to retain it. If the Client does not request TeamForce Technologies to delete or return the personal data processed on behalf of the Client, TeamForce Technologies shall have the personal data processed on behalf of the Client for as long as it is required by law, after the expiry of the Agreement, after which TeamForce Technologies shall delete all copies of it, unless the legislation or any regulatory authorities require TeamForce Technologies to keep it.

9. Liability

9.1. If a party fails to comply with these terms, or the GDPR, it shall indemnify the other party against any loss or damage sustained or incurred by the other as a result of that failure, such indemnity to include but not to be limited to any fine which may be levied under the GDPR.

10. Contact Us

If you have any questions about these Terms or the use of TeamForce Technologies Website or services, please contact us at [email protected]