Agreed Terms and Conditions for Data Processing
The Customer hereby accepts the following terms and conditions applicable to the Customer's transaction with edgemo green, Danish company ID no. 32840647. Said transaction consists of edgemo green providing a service in which is it expressly left to the sole discretion of edgemo green to manage the actual processing of personal data.
Pursuant to the General Data Protection Regulation, edgemo green will serve as the data processor for the Customer upon providing the agreed-upon services. The Customer and edgemo green, jointly referred to as the Parties, acknowledge that edgemo green’s processing of personal data on behalf of the Customer is subject to the General Data Protection Regulation and the Data Protection Act.
The terms and conditions for data processing are created in order for the Parties to adhere to section 28, subsection 3 of regulation (EU) 2016/679 of the European Parliament and of the Council 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) when edgemo green serves as the data processor for the Customer.
The terms and conditions for data processing shall apply from the time when the Customer accepts same and the terms and conditions for data processing will immediately replace any previous data processing agreement entered into between the Parties. The terms and conditions for data processing are a supplement to the agreement between the Parties and shall supersede any conflicting terms.
Transfer of data
edgemo green will store the Customer’s data within the EU and therefore, personal data is not transferred to third countries.
However, edgemo green may make an exception and transfer the Customer’s data including personal data to a third country or an international organization when required pursuant to the Court of the EU or a national court of a member state to which edgemo green is subject and in such an event, the Customer shall be notified of this court requirement before processing occurs unless the court in question has prohibited any such notification due to important societal concerns.
Assistance of the Customer
edgemo green shall be obligated to provide the following assistance to the Customer upon receipt of a written request for same by the Customer: edgemo green will assist the Customer, while providing consideration to the nature of the transferred data, to the extent possible through appropriate technical and organizational measures to assist the Customer in complying with its obligation in responding to requests related to the rights of the registered individuals as outlined in chapter iii of the General Data Protection Regulation.
Should edgemo green receive a request directly from a registered or potentially registered person exercising his rights, edgemo green shall immediately forward any such request to the Customer who may then determine if the assistance of edgemo green is requested.
edgemo green shall further assist the Customer in complying with its obligations pursuant to articles 32-36 of the General Data Protection Regulation while considering the nature of the processed data and the information available to edgemo green.
edgemo green shall be entitled to a separate fee for the work performed in assisting with the Customer’s requests pursuant to this paragraph referred to as Assistance of the Customer. The fee shall be calculated based on time spent by edgemo green multiplied by edgemo green’s hourly rates for any such task. As it relates to assistance provided to the Customer in ensuring compliance pursuant to articles 33-34 of the General Data Protection Regulation, edgemo green shall not be entitled to any fee for compliance with the obligations of edgemo green pursuant to the paragraph named Reporting of Security Breach.
Delivery and Deletion of the Customer’s Data
Unless otherwise required by the Customer, edgemo green shall delete all of the personal data provided by the Customer and edgemo green shall delete any existing copies unless edgemo green is subject to any legal obligation requiring edgemo green to preserve the personal information.
edgemo green’s compliance with the Customer’s instructions to delete or deliver the Customer’s information shall occur in accordance with the requirements of the General Data Protection Regulation and as quickly as practicably possible.
In the event that the Customer has required other processing than deletion, part of any such request will entail that, and the Customer hereby consents to, the Customer’s data being included in a backup procedure from which the data is deleted when the backup is destroyed in accordance with edgemo green’s backup procedures.
Liability and liability limitation
Any damages or other compensation to be paid to the registered person as a result of a violation of the General Data Protection Regulation shall be subject to Article 82 of the General Data Protection Regulation and any additional regulations contained in the Data Protection Act. This, the parties shall each be inter partes liable to determine the pro rata share of any such amount corresponding to their share of the liability for the damage occurred and while applying these terms and conditions for data processing. If necessary, the pro rata share of the liability shall be determined by a court of competent jurisdiction.
In the event of any fine or other punitive measure imposed as a result of any illegal processing of personal data performed by edgemo green on behalf of the Customer, the final internal pro rata share of any such fine shall be calculated by the same principles as above regardless of which party is imposed the fine initially. In this calculation, the mutual warranties made by the parties to each other shall be considered as well.
Record keeping of edgemo greens
edgemo green shall be obligated to keep a record of the categories of the processing activities performed for the Customer pursuant to article 30 of the General Data Protection Regulation.
The Customer has a duty to provide edgemo green with the name and contact information for any Customer representative and data protection advisor as well as update any such information to ensure correct record keeping by edgemo green.
The information shall be provided to edgemo green by the Customer to the contact information provided below under edgemo green’s contact information.
edgemo green shall ensure that all persons authorized by edgemo green to process the personal information from the Customer are subject to a confidentiality requirement or an appropriate legal requirement of confidentiality.
edgemo green and any person performing work for edgemo green with access to the Customer’s personal information shall only be permitted to process that information as instructed by the Customer and accepted by edgemo green unless any other processing is required pursuant to a legal requirement or court order to which edgemo green is subject.
egemo green may only authorize persons with a strict need for same to have access to the personal information in order to fulfil edgemo green’s obligations to the Customer. edgemo green must assess the authorized access on an ongoing basis and terminate access when the authorizations expire or cease.
Inspection and audit
edgemo green provides all information to the Customer necessary to demonstrate compliance with the requirements of article 28 of the General Data Protection Regulation as well as the requirements of edgemo green determined by these Data Processing Terms.
edgemo green allows for and will contribute to any audits to include inspections to be performed by the Customer or other auditor authorized by the Customer. The Customer may request a physical inspection of edgemo green’s location.
Any request for same shall be shall be in written form and shall indicate what the Customer wishes to include in the inspection. The parties will then agree on the specific arrangements and scope of the inspection which will include the time for the inspection and the nature of the report.
The inspection may only be performed by a person willing to be subject to edgemo green’s ordinary security precautions and who will commit themselves to a confidentiality clause in direct privity with edgemo green. edgemo green may object to a person identified by the Customer to perform the inspection if the appointed person, as reasonably determined by edgemo green, is not suitable or qualified to perform the inspection which will include that the person (1) is not independent, (2) is a direct competitor of edgemo green, or (3) that the person for any other obvious reason is not suitable to perform the task. If edgemo green makes an objection to an appointed person, the Customer shall appoint another person to perform the inspection.
Any inspection of a sub-processor for edgemo green shall occur by and through edgemo green. However, the Customer may chose to initiate and participate in the physical inspection also, at the location of the sub-processor. In such an event, the inspection shall be performed subject to the terms for inspections in place for the sub-processor.
Any cost associated with performing a physical inspection or an inspection at either edgemo green’s facility or the sub-processor’s facility which has been incurred by edgemo green or the sub-processor shall be reimbursed by the Customer. edgemo green and any possible sub-processor is furthermore entitled to a fee for the time spent on the inspection based on the current price list at that given time.
Changes to the Data Processing Terms
edgemo green shall be permitted to make changes to these Data Processing Terms providing 90 days’ notice. Any change that must occur without the ability to provide advance notice shall occur immediately.
Information about planned changes is sent to the Customer. If the Customer does not accept the upcoming planned changes, the Customer may chose as remedy to terminate its agreement. The Customer shall have no additional remedy or recourse as a result of a change to the Data Processing Terms.
edgemo green’s contact information
Any inquiry of edgemo green regarding data protection including requests for audits or inspections shall be directed to Lars Baun (CEO), edgemo green – firstname.lastname@example.org
The storage requirements of the Parties
edgemo green and the Customer shall both be required to store a copy of these Data Processing Terms and the agreement between the parties, as well as any other potential agreements and/or information of relevance to or supplementing these Data Processing Terms.