Linda Reeves CFMW
Motivational Facilitator & Coach
4 Donaldson Street
+61 438 114 555
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Data Protection Agreement for Facilitators and Subcontractors
This agreement is entered into between (1) Access Consciousness, LLC, 406 Present Street, Stafford, TX 77477, United States of America, (2) Access Consciousness International Limited, 6 Greenview, Riverway, South Douglas Rd., Cork Ireland T 12 DCR 4, Ireland, and (3) Access Seminars Australia PTY LTD, 55 Lorikeet Drive, Peregian Beach, QLD 4573, Australia, all three parties to be referred to as “Access Consciousness” or the “Companies”,
and Linda Reeves
(further referred to as the “Facilitator” or the “Subcontractor”.) (the “Agreement”)
1.0 Scope of this Agreement
The scope of this agreement encompasses the handling, storage and protection of data provided to the Facilitator and Subcontractor by Access Consciousness in accordance with the current European Data Protection Act 2018.
2.0 Data protection
2.1. The Facilitator/Subcontractor herewith confirms and agrees to:
(a) treat all data confidentially;
(b) only collect data following the explicit consent of his/her clients and customers;
(c) not pass on data to any third party without prior written approval;
(d) not use the data provided for any purpose other than that for which it was provided
(e) immediately inform Access Consciousness if a customer requests deletion of his/her data or no longer wishes to receive newsletters,
(f) comply with and follow the current European Data Protection Act 2018 whenever applicable, and
(g) actively store and handle data in a secure way, both paper records and digital information, to prevent unauthorized third parties gaining access to the information. In the event of incidents where information is exposed to unauthorized parties, immediately inform Access Consciousness about this.
2.2. The Facilitator also needs to transfer data to the Companies and herewith agrees and confirms that he/she has informed his/her client that data will be transferred to Access Consciousness’ systems in accordance with the provisions of this agreement.
2.3. The Companies hereby confirm and agree to
(a) treat all data confidentially;
(b) not pass on data to any third party without prior written approval;
(c) not use the data provided for any purpose other than that for which it was provided
(d) immediately inform the Facilitator/Subcontractor if a customer requests deletion of his/her data or no longer wishes to receive newsletters, and
(e) comply with and follow the current European Data Protection Act 2018 whenever applicable.
(f) actively store and handle data in a secure manner, both paper records and digital information, to prevent unauthorized third parties gaining access to the information. In the event of incidents where information is exposed to unauthorized parties, to immediately inform the Facilitator/Subcontractor about this.
3.0 Use of data
The Facilitator/Subcontractor receives selected personal data from Access Consciousness in order to fulfill his/her contractual duties to the clients registered for the Facilitator’s/Subcontractor’s classes in order to perform said classes (seminars, workshops and telecalls) in accordance with their Facilitator Agreement.
Please note: The Facilitator/Subcontractor only receives data regarding clients who have signed up for the Facilitator’s/Subcontractor’s classes.
The term commences as of the date of signing of this agreement and is indefinite.
5.0 Data provided
The data provided consists of:
Please know, the data shared does NOT include:
Tax identification numbers or VAT number
The historical records of seminars, workshops and telecalls previously taken by the client with Access Consciousness or other licensed facilitators of Access Consciousness
6.0 Duties of the Facilitator/Subcontractor
The Facilitator/Subcontractor hereby confirms and agrees to use the data provided only for the purpose for which it was provided.
The Facilitator/Subcontractor will document the way data protection is handled within his/her organization or business and will comply with the Data Protection Act 2018 and the rules and regulations agreed to herein.
The Facilitator/Subcontractor confirms having received notice of the European Data Protection Act 2018 and confirms that he/she will comply with it.
Visit www.eugdpr.org for a general overview on the EU Data Protection Act 2018.
The Facilitator/Subcontractor must not, at any time, pass on this data to any third party for promotion or marketing reasons.
The Facilitator/Subcontractor will document the use and storage of data in a manner that enables Access Consciousness to provide a list of what data is stored per client if the client requests it.
The Facilitator/Subcontractor confirms that he/she will obtain the consent of new clients before adding them to the Companies’ database and disclosing their data to the Companies on their behalf.
7.0 Technical storage of data
The Facilitator/Subcontractor hereby confirms that he/she will only store data in secure storage facilities, preferably within the territory in which he/she resides and only using applications or cloud solutions that are considered secure according to general public information that can easily be found and accessed.
The Facilitator/Subcontractor confirms that he/she will comply with technical standards protecting the data from being stolen or accessed without approval.
Wherever data is stored, the Facilitator/Subcontractor is obliged to use secure password protected access points.
8.0 Deletion of data
The Facilitator/Subcontractor hereby confirms that he/she will immediately delete any data, including physical documents and digital information, if so requested by Access Consciousness or its customers and clients.
Data that the Facilitator/Subcontractor needs for tax reasons, such as copies of invoices, are excluded from this provision.
If a customer of the Facilitator/Subcontractor requests deletion from the Facilitator’s/Subcontractor’s database, the Facilitator/Subcontractor is obliged to inform Access Consciousness immediately and shall verify with the customer if the request to be deleted also concerns the Access Consciousness database, or only the database of the Facilitator/Subcontractor.
The Facilitator/Subcontractor is only allowed to pass on data to sub-subcontractors, if
this is for accounting, tax, legal or banking issues, or
< prior written approval has been provided by Access Consciousness
If a Facilitator/Subcontractor engages a sub-subcontractor, the Facilitator/Subcontractor must ensure that all data recipients sign a data protection agreement prior to receiving data and that the sub-subcontractor is fully aware of data protection in general and is technically and mentally able to comply with data protection regulations.
The Facilitator/Subcontractor shall only select reliable and trustworthy sub-subcontractors who ensure data handling in compliance with this agreement.
10.0 Information duties
The Facilitator/Subcontractor hereby agrees to immediately inform Access Consciousness in the event of any violation of the Data Protection Act.
This information must include the time, how data was accessed, any third party involved and the number of people who were harmed.
11.0 Termination of this Agreement
This Agreement can only be terminated if the Facilitator Agreement is also terminated.
In case of a termination of this agreement, all data received from us needs to be returned to Access Consciousness and deleted fully from every storage location or cloud service in which it has ever been stored, including any physical documents.
Copies of invoices and any other documents needed for tax purposes are excluded from this provision.
12.0 Liability and Penalty
The Facilitator/Subcontractor is fully liable for any theft or abuse of data, and for any breach of the European Data Protection Act 2018.
In case of a willful breach of this agreement or in case a Facilitator/Subcontractor intentionally accesses data for purposes other than those provided for herein, or if he/she passes on data to third parties in violation of the provisions of this agreement, the parties hereby agree to a penalty of EUR 10,000.00 per incident.
Current Date: 5/15/2018