GDPR Data Protection & Privacy Policy.

DATA OF THE RESPONSIBLE OF THE TREATMENT

Parent Company: CBHI Real Estate S.L.
Registered Office: Calle Salvador Dalí 8, 03189, Orihuela Costa, Alicante.
CIF / NIF: ES-B54801329
Phone: +34 611 258 797
Email: services@projektid.co

GDPR Data Protection & Privacy Policy Agreement — CBHI Real Estate S.L.

This GDPR Data Protection & Privacy Policy Agreement ("Agreement") forms part of the Contract for Services ("Principal Agreement") between the Client (the “Responsible”) and the Company (the “Data Processor”) (together as the “Parties”).

Meanwhile:
(A) The Client acts as a Data Controller.

(B) The Client may contract certain Services, which imply the processing of personal data, to the Data Processor.

(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the 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).

(D) The Parties wish to lay down their rights and obligations.

It is agreed as follows:

1 - DEFINITIONS AND INTERPRETATION

1.1. Unless otherwise defined herein, capitalized terms and expressions used in this agreement shall have the following meaning:

1.1.1. "Agreement" means this Data Processing Agreement and all Schedules;

1.1.2. "Client Personal Data" means any Personal Data Processed by a Contracted Processor on behalf of Client pursuant to or in connection with the Principal Agreement;

1.1.3. "Contracted Processor" means a Subprocessor;

1.1.4. "Data Protection Laws" means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;

1.1.5. "EEA" means the European Economic Area;

1.1.6. "EU Data Protection Laws" means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;

1.1.7. "GDPR" means EU General Data Protection Regulation 2016/679;

1.1.8. "Data Transfer" means:

1.1.8.1. A transfer of Client Personal Data from the
Client to a Contracted Processor; or

1.1.8.2. An onward transfer of Client Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);

1.1.9 "Services" means the consulting or 3rd party services the Authorised delivers.

1.1.10 "Subprocessor" means any person appointed by or on behalf of Processor to process Personal Data on behalf of the Client in connection with the Agreement.

1.2 The terms, "Commission", "Controller", "Data Subject", "Member State", "Personal Data", "Personal Data Breach", "Processing" and "Supervisory Authority" shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.

2 - PROCESSING OF COMPANY PERSONAL DATA

2.1 Processor shall:

2.1.1 Comply with all applicable Data Protection Laws in the Processing of Client Personal Data; and

2.1.2 Not Process Client Personal Data other than on the relevant Client’s documented instructions.

2.2 The Client instructs Processor to process Client Personal Data.

2.3. The Client has the decision to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. “Personally identifiable information” means information that can be used to identify you as an individual, such as:

2.3.1. “Individuals name”, “company”, “email address”, “phone number”, “billing address”, and “shipping address”.

2.3.2. “User ID” and “password”.

2.3.3. “Social media sites user ID” and “password”.

2.4. The Processor may collect other information that cannot be readily used to identify the Client, such as the domain name and IP address of the Client’s computers. The Processor may use this information, individually or in the aggregate, for technical administration of Web site(s); research and development; customer and account administration; and to help the Processor focus on improving marketing efforts more precisely.

2.5. The Processor’s website uses “cookies” to store personal data on the Client’s computer. The Processor may also link information stored on the Client’s computer in cookies with personal data about specific individuals stored on our servers. If the Client has set up their Web browser so that cookies are not allowed, the Client may not be able to use some or all of the features of the Processor’s Web site(s).

2.6. In regards to external data storage sites, the Processor may store the Clients data on servers provided by third party hosting vendors with whom the Processor has contracted.

3 - PROCESSOR PERSONNEL

Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Client Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Client Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual's duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

4 - SECURITY

4.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Client Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.

4.2 In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.

4.3 The Client has the responsibility to protect their privacy by:

• Not sharing their website & social media user ID’s or passwords with anyone else;

• To log off the Processor’s web site(s) when finished;

• To take customary precautions to safeguard against “malware” (viruses, Trojan horses, bots, etc.), for example by installing and updating suitable anti-virus software, whilst additionally utilising secure internet connections via a VPN.

5 - SEBPROCESSING

Processor shall not appoint (or disclose any Client Personal Data to) any Subprocessor unless required or authorized by the Client.

6 - DATA SUBJECT RIGHTS

6.1 Taking into account the nature of the Processing, Processor shall assist the Client by implementing appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Client obligations, as reasonably understood by Client, to respond to requests to exercise Data Subject rights under the Data Protection Laws.

6.2 Processor shall:

6.2.1 promptly notify Client if it receives a request from a Data Subject under any Data Protection Law in respect of Client Personal Data; and

6.2.2 ensure that it does not respond to that request except on the documented instructions of Client or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform Client of that legal requirement before the Contracted Processor responds to the request.

7 - PERSONAL DATA BREACH

7.1 Processor shall notify Client without undue delay upon Processor becoming aware of a Personal Data Breach affecting Client Personal Data, providing Client with sufficient information to allow the Client to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.

7.2 Processor shall co-operate with the Client and take reasonable commercial steps as are directed by Client to assist in the investigation, mitigation and remediation of each such Personal Data Breach.

8 - DATA PROTECTION IMPACT ASSESSMENT AND PRIOR CONSULTATION

Processor shall provide reasonable assistance to the Client with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Client reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Client Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.

9 - DELETION OR RETURN OF COMPANY PERSONAL DATA

9.1 Subject to this section 9 Processor shall promptly and in any event within 10 business days of the date of cessation of any Services involving the Processing of Client Personal Data (the "Cessation Date"), delete and procure the deletion of all copies of those Client Personal Data.

9.2 Processor shall provide written certification to Client that it has fully complied with this section 9 within 10 business days of the Cessation Date.

10 - AUDIT RIGHTS

10.1 Subject to this section 10, Processor shall make available to the Client on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the Client or an auditor mandated by the Client in relation to the Processing of the Client Personal Data by the Contracted Processors.

10.2 Information and audit rights of the Client only arise under section

10.3 To the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.

11 - DATA TRANSFER

The Processor may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the Client. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.

12- GENERAL TERMS

12.1 Confidentiality. Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:

(a) Disclosure is required by law;

(b) The relevant information is already in the public domain.

12.2 Notices. All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out in the heading of this Agreement at such other address as notified from time to time by the Parties changing address.

12.3 Amendments. The Processor reserves the right to change this GDPR Data Protection Agreement & Privacy Policy as the Processor deems necessary or appropriate because of legal compliance requirements or changes in the Processor’s business practices. If the Client has provided the Processor with an email address, the Processor will endeavour to notify the Client, by email to that address, of any material change to how the Processor will use personally identifiable information.

13 - GOVERNING LAW AND JURISDICTION

13.1 This Agreement is governed by the laws of Spain & the European Union.

13.2 Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of Alicante, Valencia or Madrid.