Data processing agreement
Tuesday, October 1, 2024
Between
Controller of personal data: "the User"
and
Data processor: Worknode Freelance AB
Organisationsnummer: 559156-1294
This Personal Data Processing Agreement (the "Agreement") is part of the General Terms and Conditions and applies between Worknode Freelance AB, reg. no. 559156-1294 ("Worknode"), and you (the "User"). By accepting the General Terms and Conditions, you agree to comply with this agreement and consent to Worknode's processing of personal data.
1. Introduction
1.1 Both Parties confirm that the undersigned are authorized to enter into this Agreement which is an integral part of the General Terms and Conditions signed between the Parties. This Agreement regulates the processing of Personal Data by the General Conditions in force from time to time.
1.2 Worknode operates in accordance with its Privacy and Data Protection Policy available at www.worknode.se.
2. definitions
2.1 The definition of Personal Data and the processing of Personal Data is the same as used in applicable data protection legislation, including the General Data Protection Regulation (GDPR)
Regulation), applicable in this Agreement and in Europe as of May 25, 2018 and applicable national supplementary Personal Data legislation.
2.2 In this Agreement, the Controller is referred to as the "User" or the "Party", the Processor as the "Worknode" or the "Party" and collectively as the "Parties".
3. Scope
3.1 The Agreement regulates Worknode's processing of Personal Data on behalf of the User and describes how Worknode ensures data protection in accordance with applicable Data Protection Legislation.
3.2 This Agreement shall prevail over any conflicting provisions on the processing of Personal Data in other agreements concluded between the Parties.
4 Worknode obligations
4.1 Worknode may only process Personal Data on behalf of and in accordance with the User's documented instructions. By entering into this Agreement, the User instructs Worknode to process Personal Data as follows:
(i) in accordance with the applicable law
ii) to fulfill the other agreements in the General Conditions.
iii) As further specified by the User's normal use of Worknode's services
and
iv) In the manner set out in this Agreement
4.2 Worknode has no reason to believe that there is legislation that prevents Worknode from complying with the above instructions. Worknode shall, after becoming aware of it, inform the User in the event that the User's instructions or processing, according to Worknode, contravene the applicable data protection legislation.
4.3 The categories of Data Subjects and Personal Data subject to Processing in this Agreement are set out in this document.
4.4 Worknode shall ensure the confidentiality, integrity and availability of Personal Data in accordance with applicable Personal Data legislation. Worknode shall implement measures to ensure a level of security, taking into account the risk posed by the Processing and the type of Personal Data to be protected.
4.5 Worknode shall assist the User with appropriate measures, as far as possible taking into account the type of Processing and the information available to Worknode, to fulfill the User's obligations under applicable data protection legislation regarding requests from Data Subjects and general data protection under the GDPR.
4.6 If the User requires information on security measures, documentation or other information on how Worknode Processes Personal Data, and such requests involve more information than the standard information provided by Worknode to comply with applicable data protection legislation as a Processor, Worknode may charge the User for such additional services.
4.7 Worknode and its staff shall ensure the confidentiality of Personal Data Processed under this Agreement. This condition shall survive the termination of this Agreement.
4.8 Worknode shall, by promptly and without undue delay notifying the User, enable the User to comply with the legal requirements applicable to the notification of relevant Data Protection Authorities and Data Subjects regarding Personal Data Breaches.
4.9 Furthermore, Worknode shall, to the extent possible and lawful, notify User of
i) requests for disclosure of Personal Data received from a Data Subject
(ii) requests from public authorities for disclosure of Personal Data
4.10 Worknode may not respond directly to requests from Data Subjects without the consent of the User. Worknode may not disclose content relating to the Agreement to authorities, such as the Police, including Personal Data, except as required by law, for example by court order.
5 Obligations of the user
5.1 By signing this Agreement, the User confirms that the User:
i) when using the services provided by Worknode under the General Terms and Conditions, Process Personal Data in
in accordance with the requirements of applicable data protection legislation.
ii) has a legal basis to Process and disclose the relevant Personal Data to Worknode (including any Worknode
subcontractors).
iii) is solely responsible for the accuracy, integrity, content, reliability and legality of the Personal Data provided to Worknode.
iv) has complied with any mandatory requirements and obligations to notify or obtain authorization from relevant authorities for the Processing of Personal Data.
v) has fulfilled its obligations to provide relevant information to Data Subjects in relation to the Processing of Personal Data under Applicable Personal Data Law.
(vi) agrees that Worknode has implemented sufficient security measures to protect the privacy of Data Subjects and Personal Data.
vii) when using the services provided by Worknode under the General Terms and Conditions, does not transfer to Worknode any Sensitive Personal Data, or data relating to criminal convictions and offenses. In case of such transfer, Worknode cannot be held responsible for the improper processing of such Sensitive Personal Data.
(viii) maintain an up-to-date register of the types and categories of Personal Data that it Processes.
6 Sub-processors and data transfer
6.1 For the provision of services to the User under the General Terms and Conditions and this Agreement, Worknode may use subcontractors in the role of sub-processor. Such subcontractors may be sister companies of Worknode or third party (external) subcontractors within or outside the EU. Worknode shall ensure that subcontractors agree by contract to assume responsibilities corresponding to the obligations set out in this Agreement.
6.2 The User may at any time request a full overview and more detailed information about the subcontractors involved in the provision of the Service under the General Terms and Conditions
6.3 If the subcontractors are located outside the EU, Worknode shall ensure that the transfer is carried out in accordance with Applicable Personal Data Legislation. User hereby authorizes and empowers Worknode to ensure the appropriate legal basis for the transfer of Personal Data outside the EU on User's behalf, e.g. by signing EU Standard Contractual Clauses on User's behalf or transferring Personal Data in accordance with the EU/US Privacy Shield.
6.4 The User shall be notified before any changes are made to subcontractors that Process Personal Data. If a new subcontractor demonstrably does not comply with applicable data protection legislation and the subcontractor continues not to comply with applicable data protection legislation, after Worknode has been given a reasonable time to ensure that the subcontractor complies with the regulations, the User may terminate the Agreement. Such termination may include the right to terminate the General Terms and Conditions. An important part of such assessments shall be the extent to which the subcontractor's Processing of Personal Data is a necessary part of the services provided under the General Terms and Conditions. A change of subcontractor shall not in itself be considered a breach of the General Terms and Conditions.
6.5 By signing this Agreement, the User accepts that Worknode uses subcontractors as described above.
7 Duration and termination of the agreement
7.1 This Agreement is valid for as long as Worknode Processes Personal Data on behalf of the User under the General Terms and Conditions.
7.2 The Agreement will automatically terminate when the General Terms and Conditions cease to apply. Upon termination of the Agreement, Worknode will delete or return Personal Data Processed on behalf of the User, in accordance with the General Terms and Conditions. Unless otherwise agreed in writing, the cost of such actions shall be based on;
(i) the hourly rate for Worknode's time; and
(ii) the complexity of the requested process.
7.3 Worknode may retain Personal Data after termination of the Agreement, to the extent required by law.
8 Applicable law and jurisdiction
8.1 This Agreement shall be governed by the applicable law and the jurisdiction specified in the General Terms and Conditions.
9 Categories of Personal Data and Data Subjects
9.1 As Worknode's services allow the User to Process data arbitrarily within the services, it is not possible to give a general account of the categories of Data Subjects and Personal Data that are subject to Processing. This information is the responsibility of the User to record.
9.2 The User may not transfer any Sensitive Personal Data to Worknode. If such transfer occurs, Worknode cannot be held responsible for the incorrect processing of these Sensitive Personal Data. Sensitive Personal Data is defined in the Applicable Personal Data Legislation, i.e.: racial or ethnic origin, political opinions, religious or philosophical beliefs, data concerning health, data concerning a person's sex life or sexual orientation, trade union membership, genetic data or biometric data to uniquely identify a natural person.
9.3 Nor may the User transfer personal data relating to criminal convictions and offenses.
10 Overview of current subcontractors
10.1 Current subcontractors of Worknode that have access or limited access to the User's Personal Data are listed on http://www.worknode.se/dina-personuppgifter-och-hur-vi-hanterar-dom/