Please read this Data Processing Agreement as it forms a contract between you; the Customer and us; Fonicom, due to the provision of the Service as defined in the Raiseaticket Terms of Services ("Terms", "Principal Contract").
Fonicom provides the Raiseaticket Service to You, the Customer who may then use the platform to provide another service to End-Users. Such End-Users may submit Personal Data to You the Customer through this platform. You will determine the purposes of the processing of this Service Data (as defined in the Terms). This Service Data may constitute Personal Data and will therefore be subject to the General Data Protection Regulation in the EU (GDPR). This makes us, Fonicom as Your Processor and by virtue of the GDPR we have to set out our function as your independent contractor and Processor.
This data processing addendum ("DPA" or "Agreement") is a supplement to the Service Terms and is entered into between Us, the Processor, Fonicom Limited (C 43620) a Limited Liability Company registered in Malta, operating under the Laws of Malta with registered address at Centris Business Centre, Triq il-Palazz l-Ahmar, Mriehel, Birkirkara, BKR 3000, MALTA and You the Customer, having the same meaning and definition as found in the Service Terms.
"Consent" of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of Personal Data relating to him or her;
"Data Protection Laws" means all applicable Data Protection Laws, including the General Data Protection Regulation (GDPR) (EU 2016/679), and, to the extent applicable, the data protection or privacy laws of any other country;
"Personal Data" means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
"GDPR" means the General Data Protection Regulation (GDPR) (EU) (2016/679);
"Processing" means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
"Third-party" means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process Personal Data;
"Sub-Processor" means any person or entity appointed by or on behalf of the Processor to process Personal Data on behalf of the Controller;
"Supervisory Authority" means an independent public authority which is established by a Member State pursuant to Article 51 of the GDPR.
IN WITNESS below of the parties or their duly authorised representatives have signed this DPA in accordance with all its clauses and on the day, month and year stated at the top of this DPA.
Signed on behalf of the Processor:
Signed: FONICOM LIMITED
Signed on behalf of the Controller:
Name and Surname:
PLEASE NOTE THAT THIS ELECTRONIC SUBMISSION IS CONTRACTUALLY BINDING
Personal Data of Users and End-Users, contained in electronic data, text, messages or other materials, submitted to the Service(s) by Controller through Controller’s Account in connection with Controller’s use of the Service.
The parties do not anticipate the transfer of special categories of data.
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