Join hundreds of clinics and acquire new patients from abroad. Please fill out the form and we will get back to you within 2 days.
Terms and conditions for distribution the medical travel insurance
I. General rules
1. Clinic Hunter is a trademark (website) of Clinic Hunter spółka z ograniczoną odpowiedzialnością (registered office: Al. Kraśnicka 213, 20-718 Lublin, Poland, registration number (KRS): 0000597310 – hereinafter referred to as the “Clinic Hunter”), from which there is redirection to the website where one (an individual interested in insurance) may fill in the insurance questionnaire.
2. This contract regulates the rules of cooperation between the Clinic and Clinic Hunter, according to which the Clinic searches for patients interested in insurance offers provided through Clinic Hunter.
3. The Clinic patient is a person who entered into the insurance contract offered by Clinic Hunter through redirection from the affiliate content to the insurance questionnaire made by Clinic Hunter (hereinafter referred to as the “Patient” or collectively as the “Patients”).
4. Services that are covered by the contract are insurance services sold to the Patients by Clinic Hunter.
5. The Clinic Patient remains the Patient until completing the treatment.
6. The parties are independent contractors. Neither party nor party’s employees are or shall be deemed for any purpose to be employees of the other party. This, however, shall not prevent any party from communicating the terms and conditions of the insurance to the Patients or discussing or negotiating with Patients the relevant terms and conditions of insurance. Under this contract, the parties do not establish any partnership (i.e. legal entity) or joint venture.
7. Each party shall designate competent personnel to efficiently carry out its obligations set herein in this contract. The parties are aware that the execution of the contemplated business requires close cooperation between the parties.
8. The Clinic represents and warrants to the Clinic Hunter that (i) it possesses the requisite expertise, knowledge, and skills with respect to dealing with the Patients, (ii) it is aware that the Patients will be relying upon the Clinic’s skill and judgment in providing its obligations, (iii) it has all rights, approvals, and/or licenses necessary to serve the Patients, (iv) the services
performed hereunder shall be provided in a professional and timely manner.
The parties hereby confirm that no exclusivity, either territorial or other, is granted to the Clinic under this contract. Clinic Hunter shall be free to engage any other third parties or entities in order to provide the services alike to those provided by the Clinic under this contract.
II. Commitments of Clinic
Clinic is committed to:
1. Acquiring the Patients for insurance services offered by Clinic Hunter.
2. Advertising and promoting Clinic Hunter services with the use of marketing tools carefully adjusted to the market realities and the terms and conditions concerning advertisement, as resulting from the applicable law.
3. Presenting proposals to any changes in the commercial offer, new products which may increase the sale of Clinic Hunter services.
4. Preserving confidentiality regarding the Patients and services sold by Clinic Hunter.
5. Making the use of information materials shared by Clinic Hunter on the websites mentioned in § 1 par. 2 in a manner that is not prejudicial to the interests of Clinic Hunter, under the specific terms and conditions as resulting from this contract.
III. Clinic Hunter commitments
Clinic Hunter is committed to:
1. Immediate contracting with the Patients of the Clinic.
2. Informing the Clinic about changes to the terms and conditions of insurance sale in advance. Providing the Clinic with the current terms and conditions for the services of insurance products offered by Clinic Hunter.
3. Informing each Patient, each time before concluding the insurance contract, about the general terms and conditions of the insurance, the content of the selected insurance package, contract details, terms of payment of the benefit and all other information as required from the applicable law.
4. Cooperation with the Clinic in the field of advertising and promotional activities.
IV. Agreement between Clinic and Patients
The Clinic declares that on the basis of a separate agreement / regulations with the Patients, it has their consent to provide Clinic Hunter with all details of the Patient’s treatment constituting personal data (in particular, treatment plans, photos, Patient test results, reports on procedures performed) provided by the Patient to the Clinic or prepared by the Clinic. Clinic Hunter may request the above-mentioned personal data only if the Patient applies for the payment of the benefit on the basis of an insurance contract concluded with Clinic Hunter. Clinic Hunter can only obtain personal data necessary to assess the legitimacy of withdrawing funds from the insurance purchased by the Patient. The parties, if required, shall undertake all permissible actions aimed to obtaining the Patients’ consents for the proceeding of such personal data.
V. Responsibility for carrying out services, marketing
1. Clinic Hunter is fully responsible for presenting the general terms and conditions of insurance and for the effective conclusion of an insurance contract with the Patient. The Clinic bears no responsibility for the services and their results provided by Clinic Hunter.
2. The Clinic is not responsible for the policy of payment of insurance benefits for the Patients. All proceedings aimed at the payment of the benefit under the insurance contract take place without the participation of the Clinic, subject to § 4 above.
3. Without any additional remuneration, Clinic Hunter grants the Clinic the non-exclusive, worldwide, non-transferable and personal right to use marketing materials and trademarks as provided by Clinic Hunter in order to be presented to the Patients, and to use the materials on the below fields of exploitation:
(a) to use the materials for commercial demonstration, sales, advertising and support purposes;
(b) to distribute the materials to the Patients,
and its is hereby confirmed that no further rights, in particular copyrights or rights concerning the license or use of the trademark, are granted to the Clinic under this contract.
4. The Clinic shall indemnify, defend, and hold Clinic Hunter harmless from and against any and all losses, liabilities, damages, claims, costs
(including, but not limited to, cost of cover), penalties, expenses, and fees (including, but not limited to, reasonable attorneys’ fees, disbursements of counsel, and costs of investigation, litigation, third party discovery, and settlement, incurred in any action or proceeding between the Patient and Clinic Hunter or between either party and any third party (collectively, “Losses”) arising from or relating to any third party claims arising from the use of the marketing materials as provided by the Clinic Hunter.
5. Clinic Hunter shall have the right to terminate this contract with an immediate effect if the Clinic, when using the marketing materials in order to provide them to the Patient or performing its obligations as resulting from this contract, breaches the applicable provisions of law or, in particular if the Clinic:
• Promotes sexually explicit materials;
• Promotes violence;
• Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Promotes illegal activities;
• Infringes or otherwise violates any copyright, trademark, or other intellectual property rights of Clinic Hunter or its subcontractors;
• Infringes or otherwise violates the provisions of the applicable law concerning the treatment of its Patients in a manner affecting their relation with Clinic Hunter;
• promotes, markets, offers or sells during the term of this contract any products or services which are competing with the ones offered by Clinic Hunter;
• uses misleading practices, either through action or omission, negligence and/or has unfair credit relationship with any of the Patients using the services of Clinic Hunter;
• otherwise exposes Clinic Hunter to the risk related to the performance of this contract.
VI. Insurance contract
1. The insurance contract is concluded directly with Clinic Hunter as the insurance agent without any mediation of the Clinic.
2. Clinic Hunter shall consider the Patients’ reports of their willingness to conclude an insurance contract immediately after the Patient sends an appropriate form to Clinic Hunter, however, the beforementioned obligation
shall not result in Clinic Hunter’s obligation to conclude the insurance contract with the Patient. Clinic Hunter shall be free to decide whether to conclude such a contract with the particular Patient or not. Clinic Hunter’s refusal to conclude the insurance contract under no condition would yield in the Clinic’s claims toward Clinic Hunter.
3. Clinic Hunter makes no express or implied warranties or representations with respect to this contract and the Clinic’s potential to earn income from this contract.
VII. Clinic’s commission
1. The Clinic and Clinic Hunter agree that the commission for the service of obtaining the Patient for the conclusion of an insurance contract with Clinic Hunter will be 10 % of the insurance premium of the insurance package purchased by the Patient (hereinafter referred to as: the “Commission”).
2. The amount of the Commission, referred to in paragraph 1 above, is the net value. Clinic Hunter is obliged to pay the Commission increased by the VAT rate applicable at the time of payment if such VAT is applicable to the services performed.
3. The Commission will be charged for the Clinic only if the payment is made by the Patient to Clinic Hunter. If the Patient is released from the obligation to make the payment upon the consent of Clinic Hunter or the insurance company, the Commission will be charged at the time when the payment period would normally expire for the Patient.
1. The payment for the performed services will be made on the basis of invoices issued by the Clinic in electronic form. Both Parties hereby consent to issue and receive the invoices in electronic form.
2. The invoices will be sent by e-mail to the e-mail address indicated by Clinic Hunter to the Clinic.
3. The invoices shall be issued and paid monthly unless there is no Commission due and payable to the Clinic in the particular month.
4. The payment for invoices will be made within 7 days from the date of reception of the invoice, by bank transfer, to the Clinic’s bank account specified on the invoice. The payment of the Commission shall not, in any case, be due and paid to the Clinic earlier than before Clinic Hunter receives payment from the Patient.
5. The cost of bank transfers will be covered by the Clinic.
6. The Clinic is responsible for paying all the taxes and fees that may be due in relation to the payment, including income tax. If Clinic Hunter is required by law to deduct withholding tax, then such deductions will be made from the payment without increasing its value and the Clinic will receive the Commission reduced by the amount of the tax.
IX. Termination of the contract
1. This contract is concluded for an indefinite period.
2. Each party has the right to terminate this contract for convenience with a 3-month notice period, effective at the end of the calendar month.
3. If the Party (the violating Party) fails to carry out the contract or carries it out improperly, the other Party (the requesting Party) shall have the right to specify the violation and request the violating Party to commence carrying out the contract or to change the manner of carrying it out to a proper one, setting a relevant time limit for that purpose, which shall not be shorter than 7 (seven) days. After an ineffective lapse of the time limit, the requesting Party shall have the right to terminate the contract with immediate effect. A Party may terminate the contract with immediate effect and without a prior call to the breaching Party, if the breaching Party’s breach is not capable of remedy; misrepresentation or violation of confidentiality obligations or data processing obligation shall be deemed to be, among other things, a material breach of this contract not capable of remedy.
4. Notwithstanding the provisions of sec. 3 above, Clinic Hunter has the right to terminate this contract with immediate effect if the Clinic is not able to provide the consents of the Patients to the data processing.
X. Provision of services by Clinic Hunter
Under this contract, Clinic Hunter may provide services consisting in offering insurance products in cooperation with the related company: Clinic Hunter Service sp. z o.o.., Al. Kraśnicka 213, 20-718 Lublin, the tax identification number (NIP): 7123404388, the National Court Register number (KRS – the register of entrepreneurs in Poland): 0000850184.
XI. Processing of personal data, confidentiality
1. Rules for the transfer and processing of personal data between ClinicHunter Sp. z o.o., Clinic Hunter Services Sp, z o.o. and the Clinic are recorded in separate agreements on the processing of personal data.
2. Under this contract and unless otherwise provided in separate agreements of the Parties, the parties provide each other with personal data, in particular personal data of employees – name, surname, PESEL number, and personal data of Patients – name, surname, tax identification number, correspondence address, PESEL number, medical data.
3. In connection with the provision of personal data, the parties to this contract will conclude a separate contract for entrusting the processing of personal data, in accordance with the Annex 2 to this contract, meeting the requirements set out in art. 28 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection) of 27 April 2016 (Journal of Laws UE.L No. 119, page 1) and will fulfil all obligations to ensure the compliance of personal data processing with the GDPR, in particular, each Party will provide data subjects with the information specified in art. 13 sec. 1 and sec. 2 GDPR and will process personal data only in cases where at least one of the conditions set out in art. 6 sec. 1 GDPR, including receiving appropriate consents for the processing of personal data.
In connection with this contract, the parties will exchange and disclose certain information, deemed to be confidential. By entering into this contract, the parties agree to be bound by the rules of protection of such information as set in Annex 1 to this contract and hereby agree to be bound by the requirements set therein.
1. If this contract does not provide otherwise, neither party shall be liable to the other party under or in any way related to this contract for any loss of profit or revenue or for any consequential, indirect, incidental, special, punitive, or exemplary damages, even if advised of their possible existence.
2. Neither party shall be responsible for non-performance, delay in performance or other improper performance of its obligations hereunder if such non-performance or improper performance result from force majeure or any cause beyond respective control of the obliged Party.
3. In no event shall Clinic Hunter’s total liability arising out of or connected with this contract or the subject matter thereof exceed one hundred percent (100%) of the Commission actually paid to Clinic hereunder within the last 12 (twelve) months before the date of a breach.
4. The Clinic remains solely liable for its operations and any and all claims as made by the Patients in regard to the performance of the Clinic’s obligations towards the Patients.
5. Neither party shall be liable for damages to the other party arising from the failure to perform the obligations referred to in this contract when such a failure shall be caused by “force majeure”, e.g.: national emergency, war, fire, flood, strike or any other cause not predictable by, external to and beyond the control of such party.
6. A party‘s failure to enforce other party‘s strict performance of any provision of this contract shall not constitute a waiver of the party‘s right to subsequently enforce such provision or any other provision of this contract.
XIII. Final Provisions
1. Any changes, amendments and supplements to this contract or its termination or waiver shall be made in writing to be valid.
2. Notices and correspondence delivered in connection with the contract should be delivered in electronic form to the e-mail addresses indicated in this contract. Change of the email addresses or persons indicated for contact between the parties in this contract will not be considered an amendment to this contract but requires prior notification to the other party in writing or electronically in order to be effective. The parties undertake to notify each other in writing on any changes of the contact data indicated in this contract. Should the party fail to notify the other party on any changes of its address, any correspondence and messages sent at the previous address of the party shall be considered to be delivered upon the date at which the first postal notice was issued.
3. The Clinic shall not transfer the rights or obligations under this contract to any third party without the prior written consent of the Clinic Hunter.
4. The parties recognize all provisions of this contract as valid and binding. However, if any provision of the contract turns out to be or becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions of the contract, unless, without these provisions, the parties to the contract would not conclude, and it is not possible to amend or
supplement the contract. In the event that any provision of the contract proves or becomes invalid or unenforceable, the parties will be obliged to immediately amend or supplement the contract in a manner that reflects as faithfully as possible the parties’ intention expressed in the provision that was found invalid or unenforceable.
5. The contract comes into force on the day of the last signature affixed hereto by the parties.
6. Any disputes arising from this contract will be considered by the common court competent for the Śródmieście district of the Capital City of Warsaw, Poland.
7. This contract is concluded under Polish law.
8. This contract supersedes and replaces all previous agreements, arrangements or memoranda of understanding in force between the Parties.
Terms and conditions for telemedicine
II General provisions and scope of the Service
III Clinic registration
V Resignation from the Service
VI Liability of Clinic Hunter
VII Complaints procedure
VIII Personal data protection
IX Final provisions
Rules of protection of confidential information.
WHEREAS, during the course of the contract, a party (the “Disclosing Party”) may disclose to the other Party (the “Recipient”) certain Confidential Information (as defined below); and
WHEREAS, the Parties wish to include this Annex 1 to the contract to set the terms and conditions upon which such disclosure will be made.
NOW, THEREFORE, for the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Definition. “Confidential Information” means (i) the existence and terms of the contract, and (ii) any and all information of the Disclosing Party disclosed by the Disclosing Party to the Recipient and/or its affiliated companies, directors, officers, employees and agents (such personnel that receive Confidential Information shall be hereinafter referred to as the “Recipient Representatives”), relating to the business of the Disclosing Party, whether communicated in writing, orally, electronically, photographically, or in recorded or any other form, including, but not limited to, all sales and operating information, existing and potential business and marketing plans and strategies, financial information, cost and pricing information, data media, know-how, designs, drawings, specifications, source codes, technical information, concepts, reports, methods, processes, techniques, operations, devices, information concerning Patients and the like, whether or not the foregoing information is patented, tested, reduced to practice, or subject to copyright; provided, however, that the term “Confidential Information” does not include information that (i) was, is or becomes generally available to the public other than as a result of disclosure by the Recipient or a Recipient Representative in breach of the contract; (ii) was available to the Recipient or a Recipient Representative on a non-confidential basis prior to its disclosure to the Recipient or a Recipient Representative by the Disclosing Party; (iii) becomes available to the Recipient or a Recipient Representative on a non-confidential basis from a source other than the Disclosing Party; or (iv) is independently developed by the Recipient or a Recipient Representative without use of Confidential Information.
(a) Subject to Section 2(b), the Recipient:
i. shall hold all Confidential Information in confidence and with the same degree of care it uses to keep its own similar information confidential, but in no event shall the Recipient use less than a reasonable degree of
ii. shall not, without the prior written consent of the Disclosing Party, disclose Confidential Information to any corporation, company, partnership, entity or individual for any reason at any time;
(b) The Parties agree and acknowledge that the Recipient may disclose the Confidential Information:
i. to those Recipient Representatives who need such Confidential Information for the purpose of the contract, and who are subject to confidentiality provisions no less stringent than those set forth herein.
ii. as requested or required by (A) applicable law, regulation (including, for the avoidance of doubt, any applicable securities and/or disclosure law or regulation) or stock exchange rule, (B) applicable judicial, administrative, governmental or regulatory order, or (C) oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process; provided, however, that (1) the Recipient agrees to give prompt notice of such requirement to the Disclosing Party, (2) the Recipient may only disclose such portion of the Confidential Information as is requested or required and (3) if available, the Recipient will use its commercially reasonable efforts to obtain reasonable assurance that confidential treatment will be accorded such disclosed Confidential Information.
3. Use. The Recipient shall only use Confidential Information to (a) perform its obligations under the contract.
4. Return of Confidential Information.
(a) Subject to Section 4(b), promptly following the written request of the Disclosing Party, the Recipient will, at the Recipient’s option and expense, (i) deliver to the Disclosing Party or destroy all Confidential Information furnished by the Disclosing Party to the Recipient, together with all copies thereof and (ii) confirm any such destruction in writing to the Disclosing Party.
(b) Legal or financial counsel for the Recipient and/or the Recipient’s Representatives may retain, solely for archival purposes, one copy of all Confidential Information, as well as all documents, memoranda, notes and other writings prepared by Recipient and/or the Recipient’s Representatives and based on the Confidential Information. Any materials retained pursuant to the terms of this paragraph shall remain subject to the obligations of confidentiality under this Annex 1.
5. Representations and Warranties. Neither Party makes any representation or warranty in this Annex 1as to the Confidential Information,or the accuracy or completeness thereof.
6. Remedies. The Recipient acknowledges that money damages would be both incalculable and an insufficient remedy for any breach of this confidential obligations by the Recipient or the Recipient Representatives and that any such breach would cause the Disclosing Party irreparable harm. Accordingly, the Recipient agrees that, in the event of any breach or threatened breach of this Annex 1, the Disclosing Party, in addition to any other remedies at law or in equity it may have, shall be entitled, without the requirement of posting a bond or other security, to equitable relief, including injunctive relief and specific performance.
7. Term. The term of the obligations set herein in this Annex 1 is indefinite. Each Party may terminate this Annex 1 with a one month notice period. The obligations of confidentiality under this Annex 1 shall continue for a period of ten years from expiry or termination of this Annex 1.
8. Applicable law, jurisdiction. The terms of the contract concerning the governing law and applicable court shall apply to this Annex 1.
Processing of personal data
PROCESSING OF PERSONAL DATA ENTRUSTMENT AGREEMENT
Clinic Hunter Sp. z o.o., Kraśnicka Avenue 213, 20-718 Lublin, NIP (TAX ID) 5213719700, KRS 0000597310 represented hereof by Marek Hołówko – the Chairman of the Board, and Bartosz Prokopowicz – Member of the Board, henceforth referred to as the Administrator,
The Clinic – hereinafter referred to as the Data Processor.
(Hence called Parties)
a. Both Parties signed Agreement to Acquire Foreign Patients (Primary ‘Agreement’), with regard to fulfilling which the Administrator will entrust the Data Processor processing personal data in range defined by the Agreement.
b. Both Parties consenting to the Agreement will seek to fulfil obligations according to the law and in particular the provisions of General Data Protection Regulation (GDPR) 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), hereinafter referred to as ‘GDPR.’
Parties enter a Contract of following import:
1. Purposes and Range of Data Processing
1.1. According to the regulations defined herein by the present Contract and the Primary Agreement the Administrator entrusts the Data Processor with processing (in terms of GDPR) of personal data of its clients (henceforth referred to as ‘data’).
1.2. Data Processing will be performed throughout Contract duration.
1.3. The nature and purpose of the data processing ensue from the Primary Agreement between Parties, particularly as to:
1.3.1. Specificity of data processing is defined by the following role of the Data Processor: responding to potential patients’ queries delivered by the Administrator, realisation of the incoming orders for Administrator’s clients.
1.3.2. The aim of the data processing is to enable the Administrator fulfilling his legal liabilities, for instance with bookkeeping as well as the Administrator’s financial administration).
1.4. Data processing will concern the following data categories:
Regular personal data:
1. Forename and Name
2. Personal Identification Number
3. Email Address
4. IP Address
5. Phone numbers
6. Home Address
Particular categories data and criminal data:
8. Medical history
9. Body pictures
10. Patient’s next appointments dates.
11. Forename and Name
13. Email Address
14. Phone Numbers
15. Home Address
1.5. Data Processing will concern the following categories of people:
1. Administrator’s Employees
2. Administrator’s service / product clients, as defined in the Primary Agreement.
2. Sub-Entrustment of Data Processing
2.1. Data Processor may entrust specific data processing operations (Sub Processing) by form of a written Sub-Entrustment Contract (Sub-Entrustment Contract) third-party data processing companies (Sub Processors), under the condition of prior acceptance of the Sub Processor by the Administrator, or lack of objection of thereof.
2.2. Data Processor is not entitled to entrust the Sub Processor with realisation of entirety of the Contract.
3. Obligations of the Data Processor
Data Processor is obliged to comply with and perform the following:
3.1. The Data Processor processes data only in accordance with documented instructions or commands of the Administrator.
3.2. The Data Processor declares that he shall not transfer data to a third country or international organization (i.e. outside the European Economic Area – EEA). The Data Processor also declares that he does not use subcontractors who transfer Data outside of the EEA.
3.3. If the Data Processor intends or is obliged to transfer data outside the EEA, he shall inform the Administrator about it in order to enable the Administrator to take the decisions and actions necessary to ensure the lawfulness of data processing with regard to the law of terminating entrusted processing.
3.4. The Data Processor obtains, from authorized to transfer personal data people, in accordance to the Agreement, documented obligations to maintain secrecy, or the Data Processor eventually ensures that these people are subject to the statutory obligation of confidentiality.
3.5. The Data Processor ensures data protection and takes data protection measures referred to in art. 32 GDPR, in accordance with the further provisions of the Agreement.
3.7. The Data Processor assures to the Administrator to respond to the requests of the data owner, pursuant to the rights set out in Chapter III of the GDPR (so-called individual rights). The Data Processor declares that it provides support for the rights of the individual in relation to the entrusted data.
3.8. The Data Processor cooperates with the Administrator in performing the Administrator’s obligations in the area of personal data protection referred to in art. 32-36 GDPR (data protection, reporting violations to the supervisory authority, notification of persons affected by the data protection breach, assessment of the effects on data protection and prior consultation with the supervisory authority).
3.9. In case of any doubts on the part of Data Processor as to the legality of the instructions or demands issued by the Administrator, the Data Processor will immediately inform the Administrator of such doubt (in a documented
and substantiated manner), under penalty of losing the possibility of pursuing claims against the Administrator in this respect.
3.10. When planning modifications in the way entrusted data is processed, the Data Processor is obliged to comply with the pursuant law of privacy of design and privacy by default referred to in art. 25 paragraph 1 GDPR) and is obliged to inform the Administrator in advance about planned changes in such a way and in such periods as to provide the Administrator with a real opportunity to react if changes planned by the Processor in the Administrator’s opinion threaten the agreed level of data security or increase the risk of violation of the rights or freedoms of persons as a result of data processing by the Data Processor.
3.11. The Data Processor undertakes to limit access to entrusted personal data only to people whose access to data is necessary in order to perform the tasks of the Agreement and who have the appropriate authorization.
3.12. The Data Processor undertakes to maintain documentation describing the manner how data is processed, including a register of personal data processing activities (Article 30 GDPR). At the Administrator’s request, the Data Processor provides a record kept of the processor’s data processing activities, excluding information constituting the trade secret of other Data Processor’s clients.
3.13. The Data Processor undertakes to exercise due diligence in due process of processing entrusted personal data.
4. Administrator’s Obligations
4.1. The Administrator is obliged to cooperate with the Data Processor in fulfilling of the Agreement, providing the Data Processor with explanations in case of doubts as to the legality of the Administrator’s instructions, as well as to fulfil his own specific obligations.
5. Data Security
5.1. The Data Processor has carried out an analysis of the risks of processing entrusted data and applies the results with regard to organizational and technical data protection measures.
5.2. Security Measures. The Data Processor ensures and assures the following:
(a) Data Processor has the capacity to continuously ensure the confidentiality, integrity, availability and resistance of its processing systems and services;
b) Data Processor has the ability to quickly restore the availability of personal data and access to them in the event of a physical or technical incident;
c) Data Processor regularly tests and assesses the effectiveness of technical and organizational measures used to ensure security of processing.
5.3. Both Parties agree to make every effort to ensure that the means of communication used to receive, transfer and store confidential data guarantee the protection of confidential data, in particular personal data entrusted for processing, from being accessed by unauthorized third parties to read their content.
6. Notification of Personal Data Violations
6.1. The Data Processor notifies the Administrator of any suspected breach of data protection no later than 24 hours from the first report, allows the Administrator to participate in explanatory activities and informs the Administrator about the findings at the time of their making, in particular about the finding or lack of violation.
6.2. The Data Processor notifies of a violation enclosing all necessary documentation in it regarding the violation, in order to enable the Administrator to comply with the obligation to notify the supervisory authority.
7.1. The administrator controls the processing of entrusted data after informing the Data Processor about the planned control. The Administrator or persons designated by him are entitled to access the rooms where the data is processed, and to view documentation related to data processing. The Administrator is entitled to request from the Data Processor to provide information on the course of data
processing and to provide processing registers (with respect to the Data Processor’s professional secrecy requirement).
7.2. The Data Processor cooperates with the personal Data Protection Office in the scope of his tasks.
7.3. The Data Processor:
1. provides the Administrator with all necessary information to demonstrate compliance of the Administrator’s activities with the provisions of the GDPR;
2. enables the Administrator or an authorized auditor to carry out audits or inspections. The Data Processor cooperates in the implementation of audits or inspections.
8. Statements by the Parties
8.1. The Administrator’s statement. The Administrator declares that he is the Data Administrator and that he is entitled to process them to the extent in which he entrusted them to the Data Processor.
8.2. The Data Processor’s declaration (Article 28 paragraph 1 of the GDPR). The Data Processor declares that as part of his business, he professionally deals with the processing of personal data covered by the Agreement and the Primary Agreement, has the necessary knowledge, appropriate technical and organizational measures in this respect and guarantees the proper performance of this Contract.
9.1. The Data Processor is liable for damages caused by its actions in connection with failure to comply with the obligations that the GDPR imposes directly on the Data Processor or when it acted outside the lawful instructions of the Administrator or contrary to these instructions. The Data Processor is responsible for damages caused by the application or non-application of appropriate security measures. The Data Processor is responsible for providing or using personal data contrary to the content of the Contract, and in particular for providing personal data entrusted for processing to unauthorized persons.
9.2. If the Sub-Processor does not fulfil his obligations regarding data protection, full accountability towards the Administrator and responsibility for the fulfilment of the obligations by the Sub-Processor lies with the Data Processor.
10. Duration of the Agreement
10.1. The Contract was concluded for the duration of the Primary Agreement.
11. Data Deletion
11.1. Upon termination or expiry of the Contract, the Data Processor has no right to further process the entrusted data and is obliged to:
1.delete data and inform the Administrator in writing about the date and manner in which the data was deleted,
2. delete any existing copies or return of data, unless the Administrator decides otherwise, or European Union or national law require the storage of data.
12. Final Provisions
12.1. In the event of a conflict between the provisions of this entrustment Contract and the Primary Agreement, the entrustment Contract shall prevail. It also means that issues regarding the processing of personal data between the Administrator and the Data Processor should be regulated by amendments to this Contract or in the implementation of its provisions.
12.2. The Processing Party is not entitled to additional remuneration for performing the services specified in this Contract.
12.3. The Contract has been drawn up in two identical copies, one for each Party.
12. 4. The contract is subject to the GDPR and Polish Law
Chat with us