Protection Agreement with Employer

The following terms constitutes an AGREEMENT FOR THE PROTECTION OF PERSONAL DATA (hereinafter referred to as the “Agreement”)

BETWEEN:-

  • HUMANBRIDGE LTD, a private limited company registered under the laws of the Republic of Cyprus with registration number HE 382654 (hereinafter referred to as the “Company” and shall include, for the purposes of this Agreement, the Company’s Representatives);

and

  • You – the employer using the website topjobscyprus.com and signing electronically hereunder (hereinafter referred to as the “Employer” and shall include, for the purposes of this Agreement, the Employer’s Representatives).

The Company and the Employer are hereinafter collectively referred to as the “Parties” and individually as a “Party”.

WHEREAS:

  1. The Company may disclose to the Employer Personal Information (as defined hereunder), and wishes to ensure that the Employer will maintain the confidentiality of the Personal Information (as defined hereunder) and will treat and/or process the later in accordance (i) with the terms of this Agreement; and/or (ii) the provisions of the Regulation (EU) 2016/679 on the Protection of Personal Data and/or (iii) the provisions of the applicable local legislation in relation to the protection of personal data (as amended from time to time) and/or (iv) the provisions of any other applicable legislation.
  2. The Employer may assign to the Company the processing (through the performance of the “job skills match tool” activity) of certain Personal Information and wishes to ensure that the Company will maintain the confidentiality of the Personal Information (as defined hereunder) and will treat and/or process the later in accordance (i) with the terms of this Agreement; and/or (ii) the provisions of the Regulation (EU) 2016/679 on the Protection of Personal Data and/or (iii) the provisions of the applicable local legislation in relation to the protection of personal data (as amended from time to time) and/or (iv) the provisions of any other applicable legislation.
  3. In consideration of the benefits of disclosing and receiving the Personal Information (as defined hereunder), the Parties hereby agree to comply with the following terms in connection with the use and/or disclosure and/or processing of the Personal Information (as defined hereunder).

NOW IT IS HEREBY AGREED as follows:-

1. Definitions and interpretation

1.1 The following definitions and rules of interpretation in this clause apply in this Agreement:

Data Protection Legislation – means the applicable local Legislation and the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy.

Personal Information or Personal Data – means all information/data of personal nature concerning a physical person – using the website www.topjobscyprus.com – from which that person can be identified. For the avoidance of any doubt it does not include data where the identity has been removed (known as “anonymous data”).

Representativesmeans the employees, agents and other representatives of the Parties.

1.2  Clauses and paragraph headings shall not affect the interpretation of this Agreement.

1.3 Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.

1.4  A reference to a law or legal provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment, and includes any subordinate legislation for the time being in force made under it.

1.5 References to clauses and paragraphs are to the clauses and paragraphs of this Agreement.

2. Obligations and warranties

2.1  Both Parties will comply with all applicable requirements of the Data Protection Legislation. This clause 2.1 is in addition to, and does not relieve, remove or replace, a Party’s obligations under all other Applicable Laws. In this clause 2, Applicable Laws means (for so long as and to the extent that they apply to the Parties) the law of the European Union, the law of any member state of the European Union and/or Domestic Law; and Domestic Law means the local data protection legislation and any other law that applies in Cyprus.

2.2 Warranties of the Employer

2.2.1 Without prejudicing the generality of clause 2.1 above, the Employer hereby affirms that:-

 

  1. it shall at all times comply with all applicable legislation governing the protection of personal data, including but not limited to the Data Protection Legislation (and any legislation and/or regulations issued subject to it) and implement appropriate technical and organisational measures to protect the personal data received against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure;
  2. It shall process any Personal Data received and/or otherwise acquired only for the performance of the purpose for which the Personal Data have been disclosed to him/her as well as in accordance with the terms and conditions of the website www.topjobscyprus.com and only in accordance with the instructions contained in any related agreement or otherwise received from the Company (or the data subject) from time to time;
  3. it shall take reasonable steps to ensure the reliability of any of the Employer’s personnel and/or officers who have access to the personal data received;
  4. it shall ensure that only those of the Employer’s personnel and/or officers who need to have access to the personal data are granted access to such data and only for the performance of the purpose for which the Personal Data have been disclosed to him/her as well as in accordance with the terms and conditions of the website www.topjobscyprus.com and all of the Employer’s personnel and/or officers required to access the personal data are informed of the confidential nature of the Personal Data and comply with the obligations and/or confirmations set out in this confirmation letter;
  5. it recognises that the data subjects shall have the right to request access to their personal data and any supplementary information. For the avoidance of doubt, the Employer hereby affirms that it shall, upon receiving a written request either from the Company or any data subject, provide access to any of the said data and/or information to the owner of such data;
  6. it recognises that the data subjects shall have the right to request rectification of their personal data and any supplementary information. For the avoidance of doubt, the Employer hereby affirms that it shall, upon receiving a written request either from the Company or any data subject, rectify any of the said data and/or information accordingly;
  7. it recognises that the data subjects shall have the right to request deletion/erasure of their personal data and any supplementary information. For the avoidance of doubt, the Employer hereby affirms that it shall, upon receiving a written request either from the Company or any data subject, delete and/or remove any of the said data and/or information unless a compelling reason exists of the its continued processing as per the provisions of the applicable legislation(s).
  8. it shall provide the Company with full co-operation and assistance in relation to any complaint or request made in respect of any Personal Data, including by (i)  providing the Company with full details of the complaint or request; (ii)  complying with a data access request within the relevant timescales set out in the applicable legislation but strictly in accordance with the Company’s instructions; (iii)  providing the Company with any personal data it holds in relation to a data subject making a complaint or request within the timescales required by the Company; and (iv)  providing the Company with any information requested by the Company.
  9. it will not deliver and/or otherwise transfer to any third party any Personal Data and/or any supplementary information without the prior written consent of either the Company and the data subject. For the avoidance of doubt, in case such a written consent is obtained, the Employer hereby affirms that it will maintain a detailed record of all processing activities, including purposes of processing, a description of categories of data, security measures and comprehensive data flow map and shall ensure that the rights conferred upon the data subject by any relevant legislation in relation to the protection of personal data are protected.

2.3 Warranties of the Company

2.3.1Without prejudice to the generality of clause 2.1, the Company shall, in relation to the performance of the “job skills match tool” processing activity on behalf of the Employer (if applicable):

(a) Process that Personal Data only on the instructions of the Employer Party unless the Company is required by Applicable Laws to otherwise process that Personal Data.

(b) Ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

(c)  Ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;

(d)    Notify the Employer without undue delay and in any case within 24 hours from becoming aware of a Personal Data breach concerning and/or otherwise related to the said processing request by the Employer;

(e) At the written direction of the Employer, delete or return Personal Data and copies thereof to the Employer on termination of the agreement unless required by Applicable Law and/or under any other lawful ground to continue hold and/or use the Personal Data; and

(f)  Maintain complete and accurate records and information to demonstrate its compliance with this clause 2.1.

2.3.2  The Parties hereby also acknowledge that the scope of the said “job skills match tool” processing activity will be to provide a short list of applicants, based merely on their years of experience; skills and previous work positions, and to facilitate the purpose for which data have been uploaded to and/or send through the website www.topjobscyprus.com freely by the data subject to the Employer. Upon providing a short list and upon expiration of the said vacancy position/job-post no further processing activity shall be made by the Company on behalf of the Employer.

2.4 Either party may, at any time on not less than 30 days’ notice, revise this clause 2 by replacing it with any applicable controller to processor standard clauses or similar terms.

3.Term and termination

3.1 If either Party decides to terminate this Agreement with the other Party it shall notify the other Party in writing immediately. The obligations of each Party under this Agreement shall continue, notwithstanding any termination.

3.2 For the avoidance of doubt, termination of this Agreement shall not affect any accrued rights or remedies to which the Disclosing Party is entitled.

4. No waiver

4.1 Failure to exercise, or any delay in exercising, any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.

4.2 No single or partial exercise of any right or remedy provided under this Agreement or by law shall preclude or restrict the further exercise of that or any other right or remedy.

5. No partnership

5.1Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the Parties, constitute any Party the agent of the other Party, nor authorise any Party to make or enter into any other commitments for or on behalf of the other Party.

6. Governing law and jurisdiction

6.1  This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Republic of Cyprus.

6.2 The Parties irrevocably agree that the courts of the Republic of Cyprus shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation.

By ticking the box below and/or otherwise provide your electronic acceptance and/or signature you unconditionally agree to abide by the terms of this Agreement.