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TERMS AND CONDITIONS OF ENTRUSTING THE PROCESSING OF PERSONAL DATA AT H88 S.A.
APPLICABLE FROM MAY 25, 2018
§ 1 Definitions
When the following terms are used in the Regulations, they have the following meanings:
1. Personal Data – information about an identified or identifiable natural person collected as part of the Data Sets entrusted by the Customer, to the extent indicated in the Order Form,
2. Data Set – a structured set of Personal Data, available according to specific criteria,
3. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council 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), (Official Journal of the EU L 119/1),
4. Civil Code – the Act of 23 April 1964 Civil Code (consolidated text – Journal of Laws of 2017, item 459, as amended),
5. Personal Data Processing – data processing within the meaning of art. 4 point 2 of the GDPR, i.e. the processing by the Processor (respectively natural persons employed by the Processor) of any operations on the personal data entrusted for processing in an automated or non-automated manner, such as collecting, recording, organizing, organizing, storing, adapting or modifying, downloading, browsing, using, disclosing by sending, distributing or otherwise sharing, matching or combining, limiting, deleting or destroying, especially those that are performed in the IT System,
6. IT System – a set of cooperating devices, programs, information processing procedures and software tools used for the Processing of Personal Data,
7. Administrator – an authority, institution, organizational unit, entity or person deciding on the purposes and means of Personal Data Processing, meeting the conditions for being considered an “administrator” in accordance with the provisions of the GDPR,
8. Customer – an entity with which the Processor has concluded a contract for the provision of hosting services to which these Regulations apply,
9. Processing – H88 S.A. with its registered office in Poznań, ul. Franklina Roosevelta 22, 60-829 Poznań, entered into the Register of Entrepreneurs of the National Court Register by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under KRS number: 0000612359, NIP: 7822622168, with share capital of 210,000 , PLN 00 paid in full,
10. Personnel – employees, members of bodies, associates and subcontractors of the Processor who will directly perform the obligations of the Processor arising from the provisions of the Regulations,
11. Agreement – an agreement concluded between the Customer and the Processor regarding the provision of hosting services,
12. Service – hosting service performed on the Processor’s infrastructure under the Agreement,
13. Order form – a document constituting Annex 2 to the Regulations, in which the Customer indicates the type and categories of data subjects.
§ 2. Statements of the Parties
1. The Customer declares that he is the Administrator of Personal Data collected in the Collections and that all Personal Data was collected in accordance with the relevant legal provisions, and in particular each entity of Personal Data has consented to the Processing of his Personal Data when required by law.
2. The Customer declares that he is entitled to entrust Processing of Personal Data to the Processor under the Agreement and that the entrustment of the above does not infringe the law or the rights of third parties.
3. The Processor declares that he has the appropriate means to perform his obligations arising from the provisions of the Agreement and the Regulations, including in particular the required knowledge, experience, equipment and human resources.
4. The Processor declares that he adopts appropriate technical and organizational measures so that the Processing takes place in accordance with the GDPR protects the rights of data subjects, and the Processor will be able to demonstrate this. These measures are reviewed and updated as necessary.
5. The Processor declares that he is the owner or licensee of all elements constituting the IT System necessary for the Processing of Personal Data.
§ 3. Authorization to Process Personal Data
1. Pursuant to art. 28 section 3 GDPR, the Customer hereby entrusts the Processor, and the Processor undertakes to Process Personal Data in accordance with the provisions of the Regulations. The parties declare that the Processor is a “processor” within the meaning of art. 4 point 8 of the GDPR.
2. The Customer authorizes and obliges the Processor to Process Personal Data only in the following areas:
a) copying Personal Data,
b) storage of Personal Data,
c) deletion of Personal Data, including at the Customer’s request.
3. The Customer may additionally authorize and oblige